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HomeMy WebLinkAbout14 - BA-073 - Grant Proposal Work & Morning Canyon-Watershed Project PlanningCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 May 27, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN FOR GRANT PROPOSAL WORK AND BUDGET AMENDMENT FOR MORNING CANYON/WATERSHED PROJECT PLANNING RECOMMENDATIONS Approve a Professional Services Agreement for Newport Watershed Grant Proposal Services with David Volz Design (DVD) in the amount of $39,906 and authorize the Mayor and the City Clerk to execute the Agreement. Approve a Budget Amendment appropriating $64,906 from the unappropriated balance of the General Fund to Account No. 7014- C5100711 Morning Canyon/Watershed Projects. Discussion DVD has submitted a proposal to assist the City prepare two grant proposals for a not to exceed amount of $39,906. Staff is confident both grant proposals will be attractive to the funding agencies. The two grant proposal projects are described as follows: • The first grant proposal is a request for $400,000 from the Southern California Wetlands Recovery Project for preparation of construction documents to stabilize and restore upper Morning Canyon. If the proposal is successful, this project will be placed on the Work Plan and be eligible for grant funding. The second grant proposal is a request for $1.1 million from the Proposition 13 and CALFED Watershed Protection Programs for the Newport Coast Watershed Program Assessment, Management, and Restoration. If the proposal is found acceptable, full proposals will be requested in July 2003. A successful proposal will be approved for funding in February 2004. SUBJECT: Grant Application For Morning Canyon Channel Design And The Newport Coast Watershed Program May 27, 20003 Page 2 Staff recommends approval of a Budget Amendment transferring $64,906 from the unappropriated balance of the General Fund to Account No. 7014- C5100711 to accommodate the grant proposal services plus an additional $25,000 for preliminary engineering services to prepare the design for the Morning Canyon Stabilization and Restoration Project. These additional funds would be used this summer to hire a consultant who specializes in streambed hydraulic and geomorphologic design. Funding Upon approval of the recommended Budget Amendment, funds will be available in Account No. 7014- C5100711. Environmental Review: Both grant proposals will request funding to accommodate the preparation of appropriate CEQA documents. There will be extensive environmental review and permitting required for these projects. Prepared by: Robert 9te5n, P.E. Project Manager Attachments: Professional Services Agreement Budget Amendment Submitted by: Step�ie adum Public orks Director PROFESSIONAL SERVICES AGREEMENT FOR GRANT PROPOSAL WORK FOR MORNING CANYON CHANNEL AND SOUTHERN CALIFORNIA WETLANDS RECOVERY PROJECT WITH DAVID VOLZ DESIGN THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and David Volz Design, whose address is 17050 Bushard Street, Suite 300, Fountain Valley, California, 92708, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to prepare grant applications to obtain funding for the Morning Canyon Channel Stabilization and Wetlands Restoration ( "Project'). C. City desires to engage Consultant to perform the tasks listed in Exhibit A to prepare grant proposals for: 1) Newport Beach Morning Canyon Stabilization Project, and 2) Newport Coast Watershed Program Assessment, Management, and Restoration Funding Proposal upon the terms and conditions contained in this Agreement. -1- D. The principal members of Consultant for purpose of this Project are David Volz and Verna Jigour. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 13th day of May, 2003, and shall terminate on the 31 st day of December, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of thirty -nine thousand, nine hundred six and 00/100 Dollars ($39,906.00). -2- 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice, subject to the approval of the City . 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under -3- this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control i! over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Verna Jigour to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B," whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously fumish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. -5- 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. Morning Canyon Stabilization and Restoration Submittal of Project Summary: April 10, 2003 Presentation of Project Summary: April 15, 2003 Submittal of Project Proposal: May 15, 2003 Newport Coast Watershed Management Program Submit Project Proposal: May 9, 2003 The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include -7- attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insuredS for all liability arising from Consultant's services as described herein. All Insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the CITY Risk Manager. A. Worker's compensation insurance, including 'Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. 51 B. Commercial general liability insurance original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third parry liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with the Agreement in the minimum amount of one million dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has 0 agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant -10- pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, fumish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through -11- City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Bill Patapoff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute -12- with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. -13- B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Bob Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: David Volz David Volz Design 17050 Bushard Street, Suite 300 Fountain Valley, CA 92708 (714) 593 -3300 Fax (714) 593 -3330 -14- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other parry of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. -15- 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: DAVID VOLZ DESIGN Print Name: F: \USERS \PBIMShared\Agreements \FY 02- 030avid Volz - Moming Cyn ,doc -17- Exhibit A RECEIVED ?003 F;i; r,• i,� -1j� ..... .,_FAT May 13, 2003 Mr. Robert Stein City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 101VID 104wi41 \411z open Lords peAmhi wtt +ParkPb ming CORPORATE OFFICE 17050 13USHARD STREET SUITE 300 FOUNTAIN VALLEY, CA 92708, _. 714593.3330 FASCIMILE .71:5933300 RE: MORNING CANYON GRANT APPLICATIONS SCOPE OF WORK AND BILLINGS Dear Mr. Stein, Attached please ford the scope of work prepared for attachment to your contract The work includes Task 1 and Task 2 of the Wetlands Recovery Project Grant and work in support of the Watershed Management Funding Proposal. Also attached is our invoice for services rendered on these projects. Below is a summary of this work effort, our fees, and the approved budget for each phase of the work. Wetlands Recovery Project Grant Task 1 Project Rewrite to meet funding requirements Budget $20,000 Project Director 10 Hrs. @ $145 = $ 1,450.00 Project Professional 114 Hrs @ $130 = $14,820.00 Subconsultant $3,720.00 Subtotal Task 1 $19,990.00 Task 2 Proposal for WRP Budget $10,000 Project Director 10 Hrs @ $145 = $1,450.00 Project Professional 42 Hrs @ $130 = $5,460.00 Subconsultant $3,036.00 Subtotal Task 2 $9,946.00 Wetlands Management Funding Proposal Support Services Budget $10,000 Project Director 6 Hrs @ $145 = $ 870.00 Project Professional 70 Hrs @ $130 = $9,100.00 Subtotal WMFP $9,970.00 Project Total Billings $39,906.00 Please approve the attached invoice for the work completed. It was a pleasure to work with you and to help the City in its' quest for funding this important project. We are all looking forward to approval from the funding agencies so we can move forward with the design and engineering of the improvements. Thank you for the work. Please call and let me know if I can be of further assistance. Very truly yours, 10a1riol ViDow" MeN140 81 hi. Volz Principal Landscape Architect #2375 RIM David 1101M Design Proposed Scope of Services - Revised April 30, 2003 Newport Beach Morning Canyon Funding Project Task 1 Review and Repackage Project to Meet Funding Source Requirements 1.1 Project Initialization Initial consultation; interview one or more City of Newport Beach staff and/or other recommended contacts to better understand the project context and potential, including potential matching contributions from the City — dollars and /or in -kind services, and existing community perception of the proposed project Review portions of Rivertech report provided; research project parameters and confirm project objectives, collect site photos and other applicable site documentation. Review any available information the City may provide on the canyon reach downstream of PCH. 1.2 Review Funding Sources and Program Requirements Review of Coastal Conservancy s programs, focusing on the So. CA Wetlands Recovery Project (WRP) Research other funding opportunities & related resources 1.3 Research Project Parameters and Possibilities for More Fundable Scope Communicate with Art Homrighausen, LSA, to obtain available biological documentation on the site and surrounding environment, including CNDDB reports, Pelican Hill EIR, etc. Ask Art to estimate acreage of existing wetland in the canyon vs. the tentative acreage of wetlands that may be gained through the project. Ask Art's opinion on what species may be served by habitat restoration there. Review applicable reports and conduct additional research to identify all existing ecological merits of the site, as well as potential wetland and other habitat restoration issues. Includes potential phone interviews with local biologists Peter Bowler, Ph.D., UCI, & Fred Roberts (possibly others). Document findings in letter report. Third party review of proposed engineering concept (report review only at this point) to: 1.) confirm that the proposed engineering concept represents the best solution from ecological, aesthetic and fiscal perspectives, and 2.) offer potential conceptual biotechnical alternatives if applicable. DVD will collaborate with Massoud Vatankhahi, P.E., of ENV America, Irvine on a brief report. 1.4 Initial Work Efforts on WRP work plan and Meeting With Task Force Review applicable WRP documents including overview information, regional strategy, project evaluation criteria, proposal guidelines and available information on ongoing 8 completed projects funded by the WRP. Contact Trish Chapman at California Coastal Conservancy to make them aware of our intent to respond to the WRP RFP; Contact Orange County WRP Task Force Chair Marilyn Thoms (of Newport Beach) to introduce the project and get details on the Mar. 27th meeting. Attend Mar. 27th Orange Co. WRP Task Force meeting for guidance on proposals. Provide oral or written briefing report for the City. 1.5 Propose Draft Project Budget Initial order of magnitude budget figures will be developed for the entire project, focusing on the planning, design and permitting phase that will be proposed for funding through the WRP. (Note that only the cost of stabilizers is projected in the Rivertech report.) This proposed budget estimate will be necessary for inclusion in future grant proposals. Mr. Vatankhahi will assist with this effort. 111VIIIID Morning Canyon Funding Project 4/30/2003 1.6 WRP Project Summary Submittal Package Develop WRP project proposal summary, including estimated budget and submit by April 10th Develop proposal exhibits: 1.) regional /project vicinity map, 2.) oblique aerial photo with callouts Prepare presentation for April 15th preproposal meeting. Attend April 15th preproposal meeting in Long Beach, co-present, with Bob Stein, project presentation summary, listen to presentations by other project proponents for comparison. Provide oral or written briefing report for the City. Meeting with Bob Stein & Massoud Vatankhahi to discuss a potential more ecologically sensitive engineering & design approach to the stabilization of Morning Canyon Channel and accompanying wetland restoration Task 2 Develop Proposal for WRP Work Plan 2.1 Develop more ecologically sensitive conceptual engineering /design approach Collaborate with Massoud Vatankhahi to propose a more ecologically sensitive solution to the channel stabilization and wetland restoration. Provide input to the planning (including stakeholder process) & design budget that will be proposed for funding through the WRP. Note that a mechanism and campaign for public donations and/or in -kind services will ideally constitute part of the proposed matching contributions. 2.2 Prepare Project Application Research the relationship of nonpoiint source pollutants to documented impacts to sensitive marine & intertidal ecologies in the Newport Beach Marine Life Refuge (ASBS) in order to draw relationship to Morning Canyon Channel WRP proposal Develop project proposal and refine specific budget for WRP Site Description Project Description: Includes obtaining and review of applicable planning documents (e.g., LCP) to determine project relevance. Project History and Development 2.3 Refine Project Proposal Additional proposal exhibits: Develop callouts and graphic formatting for two 11x17" aerial photos of upper and lower Morning Canyon Channel vicinity. Final refinements per City review and comment Submit proposal by May 15 as follows: 2 copies to Coastal Conservancy. 1 copy to Orange Co. task Force leader. 11111TIO Morning Canyon Funding Project 4/30/2003 Newport Coast Watershed Management Area Assessment Funding Proposal Deliverables provided to the city for which DVD is requesting compensation: 1. Notification of the mutual benefit opportunity to interface with the watershed assessment manual being developed for the state by Fraser Shilling, Ph.D., and staff at the University of California Davis Department of Environmental Science and Policy in an email to Bob Stein dated April 21 °. Subsequent explanatory email messages to Fraser that succeeded in getting him interested in the Newport Coast Watershed Management Area. I strongly recommend that the City continue this connection — Fraser's email address is included in that email message. 2. Santa Ana Regional Water Quality Control Board Watershed Management Initiative Chapter electronic file "basinplanissues.pdf': 2002 Triennial Review: Description of Issues (Attachment C) and the direction I provided to see page 5, issue 8 in the accompanying email, dated April 22nd. This file represents a valuable culling of information to arrive at the key issue. 3. Consolidated water resources Request for Concept Proposals electronic files: Attachments 1 & 2 — the proposal submission forms, with the direction to download the entire 4.5 MB RFP at htti)://www.,swrcb-ca.Rov/fundinp/index.htnil Provided to Bob Stein in/accompanying an email message dated April 23`d 4. Santa Ana Regional Water Quality Control Board Watershed Management Initiative Chapter electronic file "2002WMI- RB8- tablel- l.pdf': Table 1 -1: Priority Activities in Watershed Management Areas. Provided to Bob Stein accompanying the above email dated April 23rd. As is the case for item 1., above, this file represents a valuable culling of information to arrive at key issues. 5. Santa Ana Regional Water Quality Control Board Watershed Management Initiative Chapter electronic file "2002WMI- RB8- figure3- 9.pdf': a map depicting the Newport Coast Watershed Management Area.. Provided to Bob Stein accompanying the above email dated April 23`a. 6. Email briefing report to Bob Stein, dated April 23 d, summarizing salient details of phone conversations with Santa Ana Regional Water Quality Control Board RFP representative Mark Adelson and CALFED Program Manager John Lowrie to test proposed watershed assessment concept and gain insight into proposal development strategies. 7. Email briefing report to Bob Stein, dated April 25b, summarizing salient details of a subsequent phone conversation with Santa Ana Regional Water Quality Control Board RFP representative Mark Adelson. 8. Proposal strategy notes included in the proposed Project Strategy /Scope of Services we submitted April 25th, and revised April 28th. Deliverables to be transmitted upon authorization: 9. Final Report of the Hydromodifrcation, Wetlands & Riparian Areas Technical Advisory Committee to SWRCB NP Control Program. Nov., 1994 10. California Coastal Records Project obique aerial photos, record coordinates & image numbers of photos depicting the Newport Coast Watershed Management Area (WMA) and Orange County's Los Trancos/Muddy Cr WMA 11. CALFED "indicators" electronic file and an explanation of how to use it in responding to the RFP. 12. CALFED MOU.electronic file.— valuable background information. 13. CALFED Program Plan electronic file — helpful backgound information. Npw nrt C'nactWMA Dplivorah1pa EXHIBIT B DAVID VoLZ DESIGN 13ILLING RATES (EFFECTIVE THROUGH DECEMBER 31, 2003) PRINCIPALS $143.00- $178.00/hour PROJECT MANAGERS $112.00- $139.00/hour PROJECT PROFESSIONALS $102.00- $135.00/hour PROJECT DESIGNERS $ 93.00 -$ 116.00/hour TECIINICIANS $ 82.00- $102.00/hour INSPECTORS $ 82.00- $102.00/hour ADMINISTRATORS $ 55.00 -$ 75.00/hour DAVID VOLZ DESIGN hourly rates are inclusive of direct costs such as vehicle usage and mileage, equipment usage (including computers). Printing, copying, and sub-consultant expenses will be billed at cost plus fifteen percent. Printing prepared in -house will be provided at market rates with no mark -up. l9aralrEi9 City of Newport Beech BUDGETAMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 073 AMOUNT: $sa,sos.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for Morning Canyon/Watershed Project Planning. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed: Financial Approval: Administrative Services Director Signed: Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $64,906.00 ` $64,906.00 S -2,/—Q3 Date Date Date Description Division Number 7014 Miscellaneous & Studies Account Number C5100711 Morning Canyon/Watershed Project Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval: Administrative Services Director Signed: Administrative Approval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $64,906.00 ` $64,906.00 S -2,/—Q3 Date Date Date