HomeMy WebLinkAboutC-3617 - PSA for Grant Proposal Work for Morning Canyon Channel and Southern California Wetlands Recovery ProjectMAY 2003 CITY 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 - 6443311
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.
2. 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.
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SUBJECT: Grant Application Folding Canyon Channel Design And The Newport C�1Vaterahed 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. 7014-0510071 1.
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 tern, P.E.
Project Manager
Attachments: Professional Services Agreement
Budget Amendment
Submitted by:
Public 0 s Director
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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
Moming 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.
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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 001100 Dollars ($39,906.00).
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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
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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
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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 furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
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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 parry 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
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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
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attomeys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing any award of attomeys' 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.
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B. Commercial general liability insurance original certificate and
endorsement (which includes additional insured and primary and non-
contributory wording), covering third party 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
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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 orjoint- 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
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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, furnish
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
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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
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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 bome 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.
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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) 6443311 Fax (949) 6443318
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
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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 party 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.
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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.
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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
By:
Print Name:
FAUSERS"WGharedVWgreementsiFY 02 -031David Volz - Moming Cyn .doc
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Exhibit A
May 13, 2003
Mr. Robert Stein
City of Newport Beach
.3.300 Newport Blvd.
Newport Beach, CA 92658 -8915
11
RECE ED
. ?003
101,710
Daorid \oedo Dessiepo
UndsmpeAmhitec(um +Park Planning
RE: MORNING CANYON GRANT APPLICATIONS SCOPE OF
WORK AND BILLINGS
Dear Mr. Stein.
Attached please find 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
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Project Director
Project Professional
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6 Hrs Q $145 = $ 870.00
70 Hrs Q $130 = $9,100.00
Subtotal WWP $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,
W.. M11
Principal Landscape Architect #2375
MOVIO
David VOIN DexMn
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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 engineeringidesign 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 nonpollnt source pollutants to documented impacts to
sensitive marine & intertidal ecologies in the Newport Beach Marine Life Refuge (ASBS)
in order to drew 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.
I SVD Morning Canyon Funding Project 4130/2003
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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 22°d.
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
hM://www.w.vrcb.ctt.Qiov/funding/index.ht
Provided to Bob Stein inlaccompanying an email message dated April 23`d.
4. Santa Ana Regional Water Quality Control Board Watershed Management Initiative Chapter
electronic file "2002WMI- RB$- tablel -l.pdf : Table 1 -1: Priority Activities in Watershed Management
Areas. Provided to Bob Stein accompanying the above email dated April 2P. 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 "2002W1Nffl- RB8- figure3- 9.pdf': a map depicting the Newport Coast Watershed
Management Area.. Provided to Bob Stein accompanying the above email dated April 23 rd
.
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 25'6 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 25" and revised April 28a.
Deliverables to be transmitted upon authorization:
9. Final Report of the Hydromodification, Wetlands & Riparian Areas Technical Advisory Committee to
SWRCB NPS 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.
Alnsvnnrt r naat WMA 1F7alivara1hlva
•
E
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 contributions1rom 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 Conservancys 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 welland 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 &
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 Thorns (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.
Dvio Morning Canyon Funding Project 413012003
r�
u
• EXHIBIT B
DAVID VOLZ DESIGN BILLING RATES
(EFFECTIVE THROUGH DECEMBER 31, 2003)
PRINCIPALS $143.00 4178.00/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.
Wity of Newport Beach
BUDGET AMENDMENT
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
Ix from unappropriated fund balance
EXPLANATION:
NO. BA- 073
AMOUNT: $64,906.00
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
Acooun t
010
3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund Fund Balance
Description
Signed:
Signed:
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$64,906.00
$64,906.00
s -2-1-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:
Signed:
Signed:
Approval: Administrative Services Director
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$64,906.00
$64,906.00
s -2-1-Q3
Date
Date
Date
ety of Newport Beach
BUDGET AMENDMENT
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: $64,906.00
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:
Signed:
Administrative
Approval:
Signed: //J;EZ AFA/A� Id')-
City Council Approval: City Clerk
MAY <'.7 2003
Amount
Debit Credit
$64,906.00
$64,906.00
* automatic
Director Date n 2
6L_.l
D to
-2 A
Date
Description
Division
Number
7014 Miscellaneous & Studies
Account
Number
C5100711 Morning CanyonlWatershed Project
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Administrative
Approval:
Signed: //J;EZ AFA/A� Id')-
City Council Approval: City Clerk
MAY <'.7 2003
Amount
Debit Credit
$64,906.00
$64,906.00
* automatic
Director Date n 2
6L_.l
D to
-2 A
Date