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Home My WebLink About05 - Semeniuk Slough StudyCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 September 26, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 -644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: SEMENIUK SLOUGH STUDY — AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS RECOMMENDATION: Approve Amendment No. 3 to Professional Services Agreement with Noble Consultants, Inc., (Noble) of Irvine, California, to define a specific Federal /State /City dredging project for Semeniuk Slough and prepare a preliminary design of a sediment control structure at a contract price of $105,000 and authorize the Mayor and City Clerk to execute the Amendment DISCUSSION: Under City direction, Noble is investigating options for performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The Semeniuk Slough is predominately an open - water, salt -marsh estuary that connects to the Newport Slough to the west, which in turn connects to the Santa Ana River. The site is bordered by the Newport Shores residential development to the west, Coast Highway to the south, and Banning Ranch to the north and east. As a stand alone project, dredging Semeniuk Slough can be very expensive as disposal of the dredged materials would be problematic because the material contains a large proportion of clays and fine silts. The primary option that is being explored is to combine the Semeniuk Slough dredging with two Army Corps of Engineers projects: 1) Surfside /Sunset Beach Replenishment Project and 2) Lower Santa Ana River and Newport Slough dredging project. The Corps has ongoing authority and funding for the Surfside /Sunset Beach Replenishment Project. The Corps has obligations for completing the Lower Santa Ana River and Newport Slough dredging project but the project schedule and funding have not been firmly determined. However, there are federal funds that have been earmarked for the Santa Ana River that could be applied to dredging the mouth of the river and Newport Slough. Additionally, the California Department of Boating and Waterways has funds that could be used as local matching funds for the lower Santa Ana River dredging. The idea of a joint Federal /City dredging project has been favorably received by the Corps of Engineers as it will result in a number of benefits, namely, final removal of sediment in the lower Santa Ana River and the Newport Slough, dredging of Semeniuk Slough, and the re- nourishment of the Newport Groin Field with beach quality sand from the Santa Ana River, Newport Slough, and Semeniuk Slough. Semeniuk Slough Study —Amendment to Professional Services Agreement with Noble consultants September 26, 2006 Page 2 Under this contact amendment, Noble Consultants, and its subconsuitant, Larry Paul and Associates, will continue its discussions with the Corps of Engineers to reach an agreement for a joint Federal /City dredging project for the Lower Santa Ana River, Newport Slough, and Semeniuk Slough as a component of the Federal /State Surfside /Sunset Beach Replenishment Project. If a favorable decision is reached with the Corps, Noble would assist the City in preparing a Memorandum of Understanding (MOU) with the Corps that identifies the City's financial participation to add the Semeniuk Slough dredging into the comprehensive Surfside /Sunset project defined above. The MOU documentation will also define the Corps and City's obligations for preparing the contract documents and gaining environmental clearances for performing the Semeniuk Slough dredging and providing for the near shore disposal of sediment, including Semeniuk Slough material, so that the City may utilize the Federal dredging contractor to perform additive work in Semeniuk Slough. Noble will assist the City in preparing preliminary engineering documents required by the Corps. The City's portion of construction costs would be budgeted as part of the FY 2007/08 Capital Improvements Program. Environmental Review: An Environmental Impact Statement will be prepared by the Corps of Engineers for the composite project. Public Notice: The Corps of Engineers will prepare permit applications to the Coastal Commission and will be the lead in advertising notices of public hearings. Funding Availability: A large portion of the funding for this contract, $90,000, is anticipated as a contribution from Orange County Sanitation District (OCSD) as part of the City's release of lease rights for the Bitterpoint Pump Station agreement. This agreement is under development and anticipated to be concluded shortly. In the event an agreement cannot be reached with OCSD, all funding for this work would need to come from the General Fund. Sufficient funds are available in the following accounts for the project: Account Description Account Number Amount Contributions 7251- C5100923 $90,000 General Fund 7014- C5100923 $15,000 Total: $105,000 Pr�eaYed by: Submitted by. Robert Stein, P.E. Stephen G. Badum Principal Civil Engineer Public Works Director Attachments: Amendment No. 3 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC., FOR CONTINUING SEMENIUK SLOUGH STUDIES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and NOBLE CONSULTANTS, INC., a California corporation whose local address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is investigating the feasibility of performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The site is bordered by the Newport Shores residential development to the west, Coast Highway to the south, and Banning Ranch to the north and east. The Slough is predominately an open- water, salt -marsh estuary that connects to the Newport Slough to the west, that in turn connects to the Santa Ana River. B. On June 22, 2004, City and Consultant entered into a Professional Services Agreement under which Consultant was hired to prepare a Semeniuk Slough Study (hereinafter referred to as the "Agreement'). As part of the study,:. Consultant was to perform sediment sampling and testing within the eastern slough channel, and investigate the feasibility of inter - agency coordination of the proposed dredging project. City agreed to pay Consultant a not -to- exceed fee of $39,293.00 for these services. The work under this Agreement has been completed. C. In March, 2005, City and Consultant entered into Amendment No. 1 of the Agreement, under which City agreed to pay Consultant an additional $20,000.00 to perform further studies in connection with the proposed dredging project, including preparation of a conceptual plan that would meet the Army Corps of Engineers' criteria for an ecosystem restoration project (hereinafter referred to as "Amendment No. 1 "). This Amendment No. 1 also extended the term of the Agreement to December 31, 2006. D. In September, 2005, City and Consultant entered into Amendment No. 2 of the Agreement, under which the City agreed to pay Consultant an additional $44,000.00 to perform the following tasks: (1) Develop a more specific federal- State -City cost- sharing proposal for the Semeniuk Slough dredging project and subsequent wetlands management project, and (2) perform a preliminary review of the probable sources of sediment for purposes of assessing a cost -share formula for the project. E. City now desires to enter into this Amendment No. 3 to reflect additional services not included in Amendment No. 2. Under this amendment, City would pay Consultant an additional $105,000.00 to perform the following tasks: (1) Finalize a specific federal /state /city dredging and maintenance project, and (2) Prepare a preliminary design of a sediment control structure on the Newport Banning Ranch property. F. City desires to compensate Consultant for these additional professional services needed for Project. G. City desires to extend the term of the Agreement to June 30, 2008. H. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services as outlined in the Scope of Services dated August 29, 2006, attached hereto as Exhibit A. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Amendment. No. 3, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Five Thousand Dollars and 00 /100 ($105,000.00), without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3. Consultant has agreed to perform the services within 12 months of receipt of a Notice to Proceed. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on the date first above written. APPR VED AS TO FORM: 7 Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach NOBLE CONSULTANTS, INC.: By: (Corporate Officer) Title: Print Name: (Financial Officer) - Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f .\userslpbvAshared\agreementslfy 040ftoble- semeniuk slough- amend -2.doc 3 NOBLE CONSULTANTS, INC. September 8, 2006 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Proposal for Continuing Professional Engineering Services Phase IV Studies — Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands and Sediment Control For the City of Newport Beach Dear Mr. Stein Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi - agency involvement to perform the initial dredging work and subsequent wetlands management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. Our proposed services would be two -fold: first, we would continue to dialogue with the Corps of Engineers to reach the necessary go/ no go milestone for a joint Federal/ City dredging project for the Lower Santa Ana River, Newport Slough, and Semeniuk Slough as a component of the Federal/State Surfside/Sunset Beach Replenishment Project. If a favorable decision is reached, we would proceed to assist the City to prepare the MOU documentation that will finalize the agreement for Federal /State participation and provides for the necessary contract document provisions so that the City may utilize the Federal dredging contractor to perform additive work in Semeniuk Slough. On a parallel track, we shall assist the City in the preparation of a preliminary design plan and capital cost estimate for construction of a sediment detention basin within the Newport Banning Ranch property so that the City may progress negotiations and entitlement discussions with the private property's ownership. This structure would significantly reduce the volume of sediment that currently enters Semeniuk Slough from this watershed. 1.0 Scone of Services Our proposed services are intended to address the following items at this time: I . Finalize a specific federal/ state/ City dredging and maintenance project U NOVATO: 359 BET MAKIN KEYS BLVD., SUITE 9, N(WA :110, (A 94949 -5637 (415) 884.0727 FAX(415)884-("35 ..) IRVINE-. 2201 DUFONT OR., SUITE 6N), IRVINF, (:A 92612.750 (949) 752.15311 FAX(9L49)752-8381 L:' yAN U)E(K):932(i ()AKM)URNE RI)... ANTEE, (A 92)71 -2314 (619) 596 -9510 FAX(619)448-2022 http: / /www.nobkromultants.wm EXHIBIT A Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 2 of 6 2. Prepare a preliminary design of a sediment control structure on the Newport Banning Ranch property. These items are described in more detail in the following sections. 1.1. Finalize a C000eaative Dredging Proiect This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1. Continue negotiations with the Corps of Engineers to obtain a Federal commitment to participate in a joint maintenance dredging project. Assist the City to prepare a Memorandum of Understanding with the Corps of Engineers that documents the details of the cooperative agreement under the existing authority of the Federal Surfside/Stmset Beach project scheduled to begin in Federal Fiscal year 08. The end result of this task will be a cooperative agreement between the City of Newport Beach and the U.S. Army Corps of Engineers. 1.1.2. Coordinate with the Corps of Engineers' Engineering Division and Construction Operations Division to appropriately modify Federal contract documents to accommodate additive dredging work in Semeniuk Slough. This task shall include incorporation of the City's preliminary dredging plan previously prepared together with appropriate specifications language to cover the Semeniuk Slough portion of dredging work into a final draft contract document that will be prepared by the U.S. Army Corps of Engineers. The task will conclude with a federally approved final draft of the construction contract documents that covers the joint Newport Slough/ Semeniuk Slough dredging work. These documents shall include the final dredging plans for Semeniuk Slough. 1.1.3. Coordinate with the Corps of Engineers' Environmental Branch to assure that they include the necessary regulatory entitlements for the additive Semeniuk Slough dredging work within the overall Lower Santa Ana River/ Newport Slough maintenance dredging project description. The culmination of this task will be a federally approved environmental assessment document that provides for the placement of material dredged from Newport/ Semeniuk Sloughs into the nearshore zone. 1.1.4. Provide specific consultation as requested to respond to unforeseen funding issues and technical requirements. The results of this task would address issues such as early notification of funding constraints and/or unfavorable dredging special conditions being proposed so that the City can formulate appropriate responses in a timely manner. 1.2 Sediment Detention Basin 1.2.1. We shall prepare a conceptual design of a detention basin within Newport Banning .Ranch to control sediment that emanates from the 16th Street drainage basin. This task Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 3 of 6 shall consist of developing the hydraulic design criteria and the preliminary detention basin plan that may be considered to intercept sediment before it deposits within Semeniuk Slough. The deliverables for this task shall be a Basis of Design memorandum that summarizes the relevant design criteria, preliminary construction drawings consisting of a project plan and typical section, and a preliminary opinion of construction cost. The preliminary design shall be formulated using existing survey and hydrologic information for the study site that may be available from the City and County of Orange. 2.0 Fee and Schedule We proposed to complete that above scope of services on a time and expenses basis in accordance with our Standard Schedule of Charges for a not to exceed fee of $105,000. A breakdown of this fee estimate is provided on the attached spreadsheets. Our services shall be completed within twelve months of receipt of your written Notice to Proceed as shown on the attached schedule. We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project. Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact its. Sincerely, Attachments: Fee Estimate Spreadsheet Study Schedule NCI Standard Schedule of Charges Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study - Semeniuk Slough Maintenance Dredging September 8, 2006 Page 4 of 6 Fee Estimate Spreadsheet Pmject Semeniuk Slough Dredging Project - Amendment No 3 Client City of Newport Beach Date of Estimate: NOBLE NO unv rrnn'r 8-Sep-06 • Task SPE $260 PE $216 SnrEng $154 CCEst $125 - - - Totals Hours Dollars 1.1.1 Final coo native a reemem 12 $2,592 1.1.2 Final Federal contract dots 120 _ $25,920 1.1.3. Final Federal EA 5 1,080 1.1.4. Additional consultation 2 $432 12.1. Conceptual sed del basin Design criteria 1 24 40 $11,344 Cwnce Ides" n 40 80 $20,960 Cost estimate 8 16 $3,728 Memorandum report 24 24 $8,880 Sub - Totals 235 144 16 395 74,936 Larry Paul and Associates Task 1.1.1 118 hrs @ $168/hr $19,824 Task 1.1.3 _ _ 40 hrs @ $16&hr $6,720 Task 1.1.4. 20 hrs LD $1681hr $3,360 Total Suboonsuftants Handling Charge 1M Sub -total $29,904 Ladd Communications Courier Expensesi Reproduction Other Total Reimbursable Expenses Handling Charge - Sub -total LCANKS - $104 840 Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 5 of Study Schedule for Amendment No. 3 SCHEDULE OF CHARGES Labor* (per hour) Senior Principal Engineer $260 Senior Survey Engineer $125 Principal Engineer 216 Staff Engineer III 122 Associate Engineer 178 Staff Engineer II 118 Senior Structural Engineer II 164 Staff Engineer I 106 Senior Structural Engineer 154 Surveyor 102 Senior Engineer II 164 Surveyorl 90 Senior Engineer 154 Senior Construction Inspector 98 Structural Engineer 144 CADD Designer /Operator 98 Project Engineer II 136 Assistant Engineer 94 Project Engineer I 126 Construction Inspector 90 Construction Manager 132 Technician 78 Construction Cost Estimator 125 Word Processing / Clerical 70 * Depositions, mediations, arbitrations, and court appearance labor is two times the rate shown and billed in 1 /2-day increments. 0.90 per mile Color Photocopy (11x17) 1.25 per page Reimbursable Expenses ** City of Newport Beach June 2006 EXHIBIT B In -house Survey Vessel $300 per day CADD Plots $2.00 per page RTK -DGPS Surveying 375 per day Imagenex Profiling Sonar 375 per day Locus DGPS Surveying 275 per day Imagenex Side Scan Sonar 375 per day DGPS Navigation System 375 per day Sparker Sub -bottom Profiler 400 per day Gyro 25' per day Uniboom Sub -bottom Profiler 350 per day Motion Compensator 200 per day 3.5 Tuned Transducer System 250 per day Precision Depth Sounder 75 per day Marine Magnetometer 200 per day Tide Gage 75 per day Underwater Video System 125 per day Theodolite/Total Station 75 per day Truck 100 per day Radios 15 per day Generator 50 per day Photocopying 0.30 per page Inspector Boat 100 per day Color Photocopy (8 -1 /2x11) 1.00 per page Automobile 0.90 per mile Color Photocopy (11x17) 1.25 per page City of Newport Beach June 2006 EXHIBIT B LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT August 31, 2006 Mr. Jon Moore Noble Consultants, Inc. 2201 Dupont Drive, Ste 620 Irvine, Ca 92612 Hi Jon, This letter is to inform you that my billing rates are now $168.00 per hour. This rate will effective September 1, 2006. Very Truly Yours, Larry Paul Larry Paul 949.439.1455 la rrypau Ianda ssoC.Com 2967 Michelson Drive G244 Irvine, CA 92612