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HomeMy WebLinkAbout05 - Areas of Special Biological Significance - Approval of Amendment to PSACITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s December 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 -644 -3322 or rstein @city.newport- beach.ca.us SUBJECT: AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE — APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. RECOMMENDATIONS: Approve an Amendment to the Professional Services Agreement with Weston Solutions, Inc. of Irvine, California, for administrative, professional and field services at a not to exceed price of $42,266 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment transferring $20,566 from salary savings in the Engineering Division (5100 -7000) to Engineering Division Services Professional and Technical Account 5100 -8080. DISCUSSION: The City of Newport Beach, County of Orar6e, and Irvine Ranch Water District collaborated on preparing a grant application for Proposition 50 funding with a funding request for $10 million which includes 13 projects. Some of these projects are reactive (bay dredging, Serrano Creek restoration) and some are proactive (copper reduction pilot project in the harbor, tidepool public exclusion areas, Smartimer irrigation controller installations). Our initial grant application has been accepted by the State and we have been invited to submit full grant applications. For its first task, Weston will take the lead on the City's behalf to prepare applications for 9 of the 13 projects. The fee for this administrative task is $20,566 and is proposed to be paid from salary savings available in the Engineering Division of Public Works. The second task is finalizing the watershed management plan for the Newport Coast area based on comments from the State agencies and local stakeholders for a fee of $12,000. The third task is the redeployment of test mussels offshore of Little Corona. Weston is monitoring contaminant accumulation in the mussels. This data will be used to assess Areas of Special Biological Significance — Approval of Amendment to Professional Services Agreement with Weston December 11, 2007 Page 2 if contaminant flows from Newport Bay or the coastal canyons are indeed impacting the health or reproduction of the marine life in the ASBS area. The fee for this task, at $9,700, is for redeployment of mussels that were ripped out during the large wave event last spring. Environmental Review: Under a separate contract, environmental documents will be prepared for each of the 13 projects. The finalization of the Watershed Management Plan falls under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. The mussel deployment, California Department of Fish and Game has issued a Collection Permit. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project: Account Description ASBS - Implementation Services Professional and Technical Prepared by: -ko—berf Slrein Assistant City Engineer Attachments: Amendment No. 1 Account Number 7014- C5100889 5100 -8080 Total: Submitted by: Amount $ 21,700 20,566 $ 42,266 St Badum ublic orks Director AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS FOR AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE ASSESSMENT THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 1 , by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Weston Solutions, Inc., a Pennsylvania corporation whose address is 2433 Impala Drive, Carlsbad, California, 92010 ( "Consultant "), and is made with reference to the following: RECITALS A. On August 8, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', to investigate the reasons for the decline of the sensitive marine areas, the so- called Areas of Special Biological Significance (ASBS) along Newport Coast, hereinafter referred to as "Project'. This Agreement is scheduled to expire on June 30, 2008. B. City and Consultant have entered into two separate Amendments of the Agreement dated October 24, 2006 and February 27, 2007. C. City desires to enter into this Amendment No. 3 to reflect additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to December 31, 2008. 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. 3 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 3 according to "Exhibit A" dated November 29, 2007 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 3 for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant N fees, shall not exceed Four -two Thousand Two Hundred Sixty-six Dollars ($42,266). 3. The term of the Agreement shall be extended to December 31, 2008. 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. 3 on the date first above written. APPROVED AS TO FORM: A ff N-- FfleCity Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach CONSULTANT: Weston Solutions, Inc. By: By: LaVonne Harkless, City Clerk Print (Corporate Officer) By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\usem\pbw\shared\agreements \y 07- 08\westonasbs- amend -Moc 3 Exhibit A ® WESTON 33 Imp a DdwIINJ5, INC. .. 24331mpala Drive 12 Cadsbad, CA 92010 �. (760) westo 795-6900 / (760) 931-1580 FAX www.westonsolutiona.com November 29, 2007 Mr. Robert Stein City of Newport Beach 3300 Newport Blvd Newport Beach, California 92663 Subject: Scope of Work for ASBS Contract Amendment. Dear Bob: Weston Solutions, Inc. (Weston) is pleased to provide this Scope of Work to complete additional works under the City of Newport contract: These works include: Additional deployment of mussels in ASBS Please refer to the attached scope of works. Total: $9,700 Preparation of Round 2 of Proposition 50 funding applications Tasks to be completed under this project are: Project Management Preparing and submitting all required documentation for eight project proposals for compilation of ICWMP and submittal to the State Board. Preparing accurate budgets for the proposed works Preparation of quarterly reports for Prop 13 fund Please refer to the attached scope of works for further details. Total: $20,566 Finalization of the Integrated Coastal Watershed Management Plan The Integrated Coastal Watershed Management plan is a comprehensive planning document comprising project development for the enhancement of the City of Newport Beach watershed and surrounding marine environment. This task portion comprises the final stage of the ICWMP development with the completion of an illustrated executive summary of the ICWMP highlights. The final executive summary will provide a definitive summary of the City of Newport's plans for the watershed and its innovative approach to understanding the Areas of Biological Significance (ASBS). This stand -alone summary document is intended for distribution to the public, stakeholders and Council. The final ICWMP together with the illustrated summary has been completed and distributed to stakeholders. Bob Stein, City of Newport Beach 11/29/2007 Scope of Work Page 2 Total: $12,000 The total cost for this proposed amendment is: $42,266 Please contact me at (760) 931 -8081 if you have any questions or comments on this Scope of Work. Regards, David H. Pohl, Ph.D., P.E. Program Manager Newport Coast and Laguna Beach ASBS Protection Program: Change of Scope for Mussel Bioaccumulation Study August 2007 A component of the City of Newport Beach's Areas of Special Biological Significance (ASBS) monitoring program mussel bioaccumulation, toxicity and growth studies are being conducted to evaluate contaminant related impacts to the ASBS. Additional funds are requested to complete the program due to additional costs related to growth evaluation and the loss of test organisms from greater than expected wave action. The addition of the growth endpoint was incorporated to align study design with efforts being conducted at the La Jolla ASBS. The labor and material required to individually label and measure 100 test organisms per deployment was not included in original cost estimate. During last weeks intertidal monitoring event, all on -shore test mussels, 6 bags, were missing. The bolt anchoring system was still intact. In late April, a large wave event occurred due to a tropical storm. Waves were in excess of 10 feet. From our monitoring data, mussel beds in Little Corona were reduced in size by more than 30 percent, large patches of mussels ripped out. We believe it was this event that ripped apart the Vexar bags that held the test mussels. As CRM completed their public use survey work, they would report that the bags were present, however, starting late April through late September the low -low tides occur only at night, therefore, the mussel bags are not easily observed by the crew. The buoy that held the offshore mussels used to evaluate the contribution of contaminants from Upper Newport was in place after the wave event and last observed in late May. We believe it may have been run over by a vessel. We will be diving in the area next week to see if the anchor and perhaps the test organisms are still in place. We have designed a program that will allow for inclusion of the bioaccumulation in the monitoring report in spring of 2008. We recommend doubling the number of organisms placed in the field immediately. Half of the organisms will be retrieved after 3 months exposure and the rest will be retrieved after 6 months of exposure. In order to ensure the bags can withstand future large wave events, we have redesigned the enclosures and increased the number of bolts from 2 to 4. When the 3 month mussels are collected, the remaining mussel bags will be serviced. All the Vexar will be replaced to ensure the bags integrity. Growth study equipment and labels: $100 • Labor to measure and tag individuals (100) for deployment and retrieval: $1000 Mussel bag equipment: Vexar, bolts, PVC, additional mussels - $800 • Labor: 2 nights to deploy new cages, 2 Senior Scientists and mileage: $1600 • 1 Boat day to replace offshore buoy, 1 Senior Scientist and 1 Environmental Analyst: $1400 1 tide series to retrieve 3 month cohort and service 6 month cohort, 1 Senior Scientist and 1 Environmental Analyst: $1200 • 1 Boat day to retrieve 3 month cohort from offshore buoy, 1 Senior Scientist and 1 Environmental Analyst: $1400 1 day to retrieve 6 month cohort and service 6 month cohort, 1 Senior Scientist and 1 Environmental Analyst: $1000 • 1 boat day to retrieve 6 month cohort from offshore buoy, 1 Senior Scientist and 1 Environmental Analyst: $1200 Total estimated cost: $9700 WESTON SOLUTIONS, INC. 2433 Impala Drive Caltsbad, CA 92010 (7d017 estop 0 l (tion 931-1560 FAX W W W.YlealOnaOlUtlOfls. cam November 10 2007 Mr Robert Stein City of Newport Beach 3300 Newport Blvd Newport Beach CA 92663 Subject: Scope of Work for IRWM Round 2 Application. Weston Solutions, Inc. (Weston) is pleased to provide this Scope of Work to complete Round 2 applications for Newport Coast proposed works: 1. Project Management 2. Preparing and submitting all required documentation for compilation of IRWMP and submittal to the State Board. 3. Preparing accurate budgets for the proposed works 4. Preparation of quarterly reports for Prop 13 fund This scope of work is scheduled to begin in December 2007 and proceed through to January 2008. The Weston Solutions team that will accomplish this scope of work is as follows: Management Team Project Director — David Pohl Project Manager - Gretel Roberts Assistant Project Manager — Garret Williams Task 1: Proiect Management Weston's management team will perform the following tasks over the estimated four month project period: • Administration of the contract for this project • Day - today management of the contract • Coordination with City of Newport Beach • Correspondence with the State Board, City and interested Stakeholders • Meetings with the State Board and the City • Biweekly updates to the City Bob Stein, City of Newport Beach Scope of Work. Weston estimates the cost to perform this task at: $1,905 Hours to complete this task are estimated as follows: Project Director - 2 Project Manager — 8 Task 2: Preparation of draft documentation Weston anticipates close coordination with Dudek compilation of documents is submitted. 11/15/200? Page 2 and the State Board to ensure that a successful This task includes detailed development of the following projects: • A03: Restoration of the AS BS • A04: Integrated bundle of Low impact Developments • A05: Copper Elimination Program • A06: Buck Gully Erosion Control Project • A08: Pelican Ave diversion • A09: County -wide "Drugs Down Drains" program • A 11: Public Use • A 13: Habitat Restoration and Fire Prevention Each project must be completed with the following detailed information: • Work plan with details of approach • Deliverables from project • Budget — line item details • Schedule of proposed works • Proposed effectiveness monitoring • Technical aspects and any available concept designs • Letters of support from stakeholders specific to the project Weston estimates the cost to perform this task at: $13,775 Hours to complete this task are estimated as follows: Project Manager — 40 Senior Scientist — 30 GIS Specialist - 20 Task 3: Preparation of accurate cost estimates Each individual project will require cost analysis to ensure that an accurate value is attributed to each component of the work. This process is vital to ensure the successful completion of the project as well as ensuring that the City of Newport is aware of all possible funding match commitments. Weston estimates the cost to perform this task at:$4,124 Bob Stein, City of Newport Beach Scope of Work Hours to complete this task are estimated as follows: Project Manager — 10 Engineer- 20 11/15/2007 Page 3 Task 4: Development of draft Quarterly reports Weston will prepare draft revisions to the 2007 quarterly reports due to the State Water Quality Control Board for ASBS and HAMP projects. Weston estimates the cost to perform this task at: $762 Hours to complete this task are estimated as follows: Project Manager — 4 Total cost Task Description Cost not to exceed Task I Project Management $1,905 Task 2 Draft documentation $13,775 Task 3 Cost Estimates $4,124 Task 4 Draft Quarterly report $762 Total $20,566 Schedule to be followed Upon approval, Weston will begin this Scope of Work and adhere to the following tentative deadlines: Table 2 Schedule Task Descri ption Schedule Task I Project Management On -going throughout the entire project Task 2 Draft documentation December 15, 2007 Task 3 Cost Estimates December 15, 2007 Task 4 Draft Quarterly report November 2007 Please contact me at (760) 431 -8081 if you have any questions or comments on this Scope of Work. David H. Pohl, Ph.D., P.E. Program Manager WEE Imp 33 Imp SOLUTIONS, INC. Exhibit 6 Wala Drive ME Carlsbad, CA 92010 (760) 795-6900 1 (760) 931 -1580 FAX MmIk9-wXM�m www.westcm westonsolutions.com The information below provides a preliminary estimate of otal direct and indirect costs to complete the Scope of Work including staff hours and hour rates (with benefit and overhead costs). WESTON's current fee schedule for each job classification - Category Senior Project Man er $185 Project Manager/Task Manager rts $139 Senior Scientist FPohl $121 En ineer I er $108 Scientist III n $101 GIS S ecialisUModelin son $116 Word Processin / Graphics Michelle Patzius $60 Contracts Administration Amee Ventures $55 City of Newport Beach NO. BA- 08BA -031 BUDGET AMENDMENT 2007 -08 AMOUNT: $zs,5ss.ss EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND A Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: X 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 for approval of an amendment to the PSA with Weston Solutions to provide administrative, professional, and field services. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Ac ount REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $20,566.00 . Automatic $20,566.00 Date ®; Day Date Description Division Number 5100 Public Works - Engineering Account Number 7000 Salaries - Misc Division Number 5100 Public Works - Engineering Account Number 8080 Services - Professional 8, Technical Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval: Administrative Services Director Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $20,566.00 . Automatic $20,566.00 Date ®; Day Date