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HomeMy WebLinkAbout13 - Upper Bay and Harbor Area Management PlanCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 June 10, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Bob Stein, Assistant City Engineer 949 - 644 -3311 or rstein @city.newport - beach.ca.us SUBJECT: Upper Bay and Harbor Area Management Plan — Amendment No. 2 to Professional Services Agreement with Larry Paul and Associates for Project Management Recommendations: Approve Amendment No. 2 to the Professional Services Agreement with Larry Paul and Associates of Newport Beach, California to provide project management services for the Harbor Area Management Plan and coordinate integration efforts with the Newport Bay Integrated Regional Watershed Management Plan at a not to exceed price of $25,000 and authorize the Mayor and City Clerk to execute the Agreement. Approve a Budget Amendment transferring $25,000 from Account No. 7014 - 05002000 Newport Coast Runoff Reduction Program to Account No. 7014 - 00310929 (Harbor Area Management Plan). Discussion: Under the original contract with Larry Paul executed August 1, 2006, Mr. Paul prepared a consultant scope of work for the Harbor Area Management Plan (RAMP) and coordinated and facilitated meetings with key watershed stakeholders (County of Orange, Regional Water Quality Control Board, Irvine Ranch Water District, other cities, and non - governmental organizations) to determine objectives and priorities for a watershed management plan for Newport Bay. Mr. Paul also coordinated with resource and regulatory agencies for determining grant funding priorities for potential projects in the Newport Bay Watershed. The fee for this work was $26,400. Under Amendment No. 1 to the Agreement, Larry Paul and Associates provided project management services for the HAMP including the facilitation, coordination and oversight for the development of the HAMP elements. The fee for Amendment No. 1 was $30,000. The draft HAMP was completed in March 2006 and has been submitted to the Harbor Commission for review and comment. Upper Bay and Harbor Area Management Plan — Amendment No. 2 to Professional Services Agreement with Larry Paul and Associates for Project Management June 10, 2008 Page 2 Staff recommends approval of Amendment No. 2 to provide funds for Larry Paul to continue project management services to assist the new Harbor Resources Manager, Chris Miller, to complete the remaining tasks of the HAMP including issues of sediment contaminants, dredging requirements and the federal involvement, eelgrass capacity, sediment control measures, improvements for the Regional Permits, and formulation of recommended actions. Larry Paul will also provide assistance in developing grants that will become available through Proposition 84. Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Public Notice: The draft HAMP has been presented at a public meeting of the Harbor Commission. Additional meetings with the Harbor Commission or City Council will occur in the following period. Funding Availability: Additional costs for preparing the water management plan will be offset by savings realized in the Newport Coast Runoff Reduction Program through efficient execution of several Newport Coast watershed tasks. Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account for the project: Account Description Upper Bay and Harbor Area Management Plan Prepared by: C-t)�QA r- Bob Stein Assistant City Engineer Attachments: Amendment No. 2 Account Number Amount 7014- CO310929 $ 25,000 Total: $ 25,000 :Submitted, b Ike um bli orks Director AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND ASSOCIATES FOR THE INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and LARRY PAUL AND ASSOCIATES, a sole proprietorship, whose address is 2967 Michelson Drive, G244, Irvine, California, 92612 ( "Consultant'), and is made with reference to the following: RECITALS A. On August 1, 2006, City and Consultant entered into a Professional Services Agreement for watershed planning services, hereinafter referred to as "Agreement." Under the Agreement, Consultant was to be paid a fee of $26,400 for the Newport Bay Watershed Management Project, hereinafter referred to as "Project." B. Pursuant to this Agreement, Consultant helped prepare a consultant scope of work for the Harbor Area Management Plan, coordinated and facilitated meetings with key watershed stakeholders (County, RWQCB, IRWD, Cities and NGOs) to determine objectives and priorities for a watershed management plan for Newport Bay, and coordinated with resource and regulatory agencies for determining grant funding priorities for potential projects in the Newport Bay Watershed. The Agreement was scheduled to expire on December 31, 2007. C. City entered into Amendment No. 1 on April 24, 2007, for a fee of $30,000 to provide project management services for the preparation of the Harbor Area Management Plan and to extend the term of the Agreement to December 31, 2008. D. City desires to enter into this Amendment No. 2 to extend project management services and to perform additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to June 30, 2009. D. City desires to compensate Consultant for additional professional services needed for Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services outlined in the letter dated March 4, 2008, attached hereto as "Exhibit A" and incorporated in full by this reference. The services shall be performed on a time and materials basis. 2. Total additional compensation to Consultant for the services performed pursuant to this Amendment No. 2, including all reimburseable items and subconsultant fees, shall not exceed Twenty-Five Thousand and 001100 ($25,000.00). 3. The term of the Agreement shall be extended to June 30, 2009. 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: By: '`, ((- . ff Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach LARRY PAUL AND ASSOCIATES: 0 Larry Paul f :lusem\pbwlsharedlagreementslfy 07- 08Varry paul assc - watershed mgmt plan -amend 2.doc Exhibit A LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT March 4, 2008 Mr. Robert Stein, P.E. Public Works Department City of Newport Beach 3300 Newport Blvd Newport Beach, Ca 92663 Dear Bob, The HAMP and watershed plans are now at a critical mass in terms of integration of the upper watershed and the Harbor Area Management Plan and the review process. I propose the following as a continuation of my work associated with the Integrated Watershed Management Plan: 1. Provide project management for all the elements of the HAMP including the issues of Contaminants, dredging requirements and the federal involvement, Eelgrass capacity, sediment control measures, improvements for the Regional Permit, and formulation of recommended actions for consideration by City policymakers. 2. Coordinate the Watershed Integration with the City's ASBS and the Newport Coast watershed. 3. Provide strategy for the integration of the IRWD's proposals and the County of Orange's projects with the City's Prop 50 integrated program. 4. Provide input for the development of project implementation grants that will become available through Prop 84. 5. Facilitate and attend stakeholder meetings required by the grant authority. 6. Provide summary reports and recommendations. The work outlined will be performed on a time and material basis billable at the rate of $160.00 per hour for an amount not to exceed $25,000. Larry Paul Larry Paul 949.439.1455 la rrypaula ndassoc.com 2967 Michelson Drive G244 Irvine, CA 92612 City of Newport Beach NO, BA- 08BA -078 BUDGET AMENDMENT 2007 -08 AMOUNT: $z5,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Newport Coast Runoff Reduction account to the Harbor Area Management Plan account for an amendment to the Professional Services Agreement with Larry Paul and Associates of Newport Beach. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Accoun t EXPENDITURE APPROPRIATIONS (3603) Description Description Description Division Number 7014 Misc & Studies Account Number C5002000 Newport Coast Runoff Reduction Division Number 7014 Misc & Studies Account Number C0310929 Upper Bay /Harbor Area Management Plan Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Financial Approval: Administr9five Services Director City Manager Amount Debit Credit $25,000.00 $25,000.00 Date d ate Signed: _ City Council Approval: City Clerk Date