HomeMy WebLinkAbout06 - BA-033 - Big Canyon Creek Restoration ProjectCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
January 14, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Big Canyon Creek Restoration Project -- Contract for Planning and
Technical Studies
ISSUE:
Should the City of Newport Beach approve a Professional Services Agreement with
Community Conservancy International (CC]) to conduct planning and technical studies
associated with the grant- funded Big Canyon Creek Restoration Project?
RECOMMENDATION:
1. Approve a Professional Services Agreement with Community Conservancy
International (CCI) in an amount not to exceed $110,000 for Planning and
Technical Studies ( "Studies ") associated with the Big Canyon Creek Restoration
Project, and authorize the Mayor and the City Clerk to execute the Agreement.
2. Authorize the City Manager to pursue construction funding for the Big Canyon
Creek Restoration Project as the Studies are underway.
3. Adopt a Budget Amendment ( #BA- _) authorizing the expenditure of $110,000
from the Upper Newport Bay Restoration Account for the Studies.
4. Authorize the City Manager to make changes as necessary to the scope of work
and budget for the Studies providing that the terms and deliverables remain
substantially in accordance with the approved scope of work and budget.
DISCUSSION:
Background: Newport Bay is Newport Beach's most treasured environmental asset.
From the ecological reserve and parkland in the Upper Bay to the boating, residential,
and visitor - serving uses in the Lower Bay, Newport Bay is home to six endangered
species, the nation's largest small craft harbor, tour and charter boat operations, more
than sixty different commercial ventures, rowing clubs, yacht races, millions of visitors
annually, and more.
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Upper Newport Bay — including its ecological reserve (administered by the California
Department of Fish and Game), its regional park (administered by the County of
Orange) and the access provided by Back Bay Drive (administered by the City) — is one
of California's more challenging resources to manage and protect. Several major and
complex Upper Bay projects involving a multitude of agencies are underway today,
including:
Upper Newport Bay Ecological Restoration Feasibility Study. This US Army Corps
of Engineers -led (US ACE) study is the "Big Dredge" now set for 2003 or 2004,
depending upon federal funding. The dredging project will be about three times as
large as the last dredging project, with up to $13.5 million in funds coming from
Proposition 12 (approved by the voters in March 2000) and another $20 million from
the federal government. This $33.5 million project is cost - shared 65 % -35% between
the federal government and state /local partners.
• Newport Bay /San Diego Creek Watershed Feasibility Study. This US ACE -led
Study . looks at ways to reduce sediment and nutrient deposits in the Upper Bay by
keeping the sediment at its source. The Study will also identify locations in the San
Diego Creek watershed to preserve and restore habitat.
• Sediment/Nutrient TMDL Compliance. To comply with recently- adopted total
maximum daily loads (TMDLs) that limit sediment and nutrients into the Bay, the City
helps fund ongoing monitoring and maintenance of upstream environments to meet
the TMDL's limits.
Even with these three major efforts, the Upper Bay arguably still will face significant
problems in the future relating to the region's heavy use of the Bay as a park, reserve,
and local resource. These problems include:
• Erosion of the City -, County -, and privately -owned slopes that abut the Bay;
• Infestation by non - native plants;
• Increased threats to endangered, threatened and species of concern;
• Continued serious loss of wetland, saltmarsh, mudflat and transitional habitats;
Trespassing and vandalism in sensitive areas due to a lack of appropriate public
access; and
• Inputs of contaminated runoff from Bay- adjacent residential and business areas.
About CCI. Aware, of these concerns, representatives of the Newport Bay Naturalists
and Friends discussed Upper Newport Bay's challenges with Ms. Esther Feldman of the
Community Conservancy International (www.ccint.org). CCI describes itself as "a non-
profit organization dedicated to preserving natural lands and waters worldwide and
implementing conservation - compatible projects to protect local communities..." CCI
recently advocated and planned for two square miles of park and open space in the
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Baldwin Hills (near Ballona Creek in southwestern Los Angeles). CCI succeeded in
securing $36 million in state funding for the Baldwin Hills.
The Restoration Proposal & State Grant. CCI has focused its attention on Big
Canyon Creek, a drainage that receives runoff from two square miles of primarily
urbanized watershed, the Big Canyon Country Club and adjacent residences, and that
runs through the 58 -acre Big Canyon Nature Park, a City park. CCI envisions a project
-- tentatively entitled the Big Canyon Creek Restoration Project -- that would address:
• A restoration plan for wetlands and wetlands - related habitats
• The needs of endangered and threatened species
• Unfiltered urban runoff and impacts on Bay water quality
• Drainage needs of golf course, City storm drains and bluffside homes
• Public access and connection to Big Canyon Nature Park
• Flood prevention
• Public agency needs and concerns
Big Canyon Creek Area
After receiving Council authorization to do so via Resolution 2002 -15 on January 22,
2002, Ms. Feldman and the City jointly applied to the State Coastal Conservancy, via its
Southern California Wetlands Recovery Project ( SCWRP), for a grant to complete
Planning and Technical Studies ("Studies"). associated with the Project. On October 31,
2002, the SCWRP approved a grant of $167,000 for the Studies.
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We offered to match the SCWRP grant with $110,000 from the City's Upper Newport
Bay Restoration Account. We anticipate in -kind support of $27,000 from the Newport
Bay Naturalists and Friends and from CCI itself. Without considering the in -kind
support, we anticipate that the Studies will cost $277,000.
State Coastal Conservancy Grant
City's UNB Restoration Account
Total
$ 167,000
110,000
$ 277.000
About the Upper Newport Bay Restoration Account. State law and other regulatory
agencies (including SB 576 [Johnson] and the National Marine Fisheries Service or
"NMFS ") direct the City to reserve a portion of the revenue it receives from the
residences at Beacon Bay as well as mitigation for Lower Bay dockwork for restoration
projects in the Bay. These funds go into an account called the Upper Newport Bay
Restoration Account. At the end of June 2002, there was $238,822.39 in this Account
(technically a designation of equity within the Tidelands Fund, #230 - 3755).
To fund construction of the Project, the City co- signed a letter with the cities of Costa
Mesa and Irvine, the Irvine Ranch Water District, the County of Orange, the Newport
Bay Naturalists and Friends, and the Irvine Company. We sent the letter to the Director
of the California Department of Fish and Game, Mr. Robert Hight, asking for his support
for allocating $4 million in Proposition 40 (and 12, 13, and 50) bond funds towards
construction of the projects identified via the planning and technical studies. Despite
the State's current budget problems, we are optimistic that the Project, once planned
and approved, will successfully secure construction funding given that funding from the
above - mentioned propositions is unaffected by the State budget.
Environmental Review: Environmental review is not required for this phase.
Public Notice: This agenda item requires standard Brown Act notice.
Funding Availability: Funding for this PSA requires a budget amendment. The City is
required to set funds aside for projects like this via the Upper Newport Bay Restoration
Account. To date, we have not spent moneys in this Account for any purpose.
Submitted by:
Dave Kiff
Assistant City Manager
Attachments: Professional Services Agreement with CCI (including Scope of Work and Budget)
Budget Amendment (BA #__)
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PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT, entered into this _'n day of January, 2003, by and between the
City of Newport Beach ( "City "), a municipal corporation, and Community Conservancy
International, a non - profit corporation whose address is 10951 West Pico Blvd. Suite 201, Los
Angeles, CA 90064, ( "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.
follows:
B. City intends to provide for the improvement, restoration, and habitat protection of Big
Canyon Creek and the Big Canyon Creek Nature Park ( "Project ").
C. Resolution 2002 -15 authorized Consultant and the City to submit a joint application to
the State Coastal Conservancy (SCC), via its Southern California Wetlands Recovery
Project (SCWRP), for a grant to complete Planning and Technical Studies ( "Studies ")
associated with the Project. On October 31, 2002, the State Coastal Conservancy
approved a grant of $167,000 for the Studies. City offered to match the SCC Grant with
$110,000 from the City's Upper Newport Bay Restoration Account.
D. City desires to engage Consultant to provide project management, sub - consultant
contracting, and any other work relating to the Project.
E. The principal member of Consultant, is for purposes of this Project, Ms. Esther
Feldman.
F. City 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
1. TERM
The term of this Agreement shall commence on the _th day of January, 2003, and shall
terminate on the 30th of June, 2004, . 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 Work, attached
hereto as Exhibit "A" and incorporated herein by reference.
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COMPENSATION TO CONSULTANT
The total estimated costs for services described in Exhibit A are $277,0000. City shall
pay Consultant for the services in accordance with the provisions of this Section and the
scheduled billing rates, attached hereto as Exhibit "B" and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without prior written approval of
City. City's obligation to compensate Consultant for all work performed in accordance with this
Agreement shall not exceed the total contract price of one hundred ten thousand dollars
($110,000.00). Consultant agrees the remaining costs will be paid by the SCC Grant.
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, airfare, travel expenses and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of 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 Exhibit "B"
and incorporated herein by reference. 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.
4. STANDARD OF CARE
4.1 Except to the extent provided in paragraph 19 below, 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. Consultant shall use only qualified and experienced
personnel who are not employed by City to perform all services as set forth in Exhibit A (Scope
of Work). Consultant represents and warrants to City that it has or shall obtain all applicable
licenses and permits, if any, required of its profession, including registration, if applicable, as a
person or entity authorized to advocate before state and local officials or departments.
Consultant further represents and warrants that it shall keep in effect all such licenses and
permits during the term of this Agreement.
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, or acts of God, or the failure of City to furnish timely information or to approve or
disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or
governmental agencies, or any other delays beyond Consultant's control or without Consultant's
fault.
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
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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 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 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 with respect to 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 the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable times
during the Project term. Consultant has designated Esther Feldman as its Project Manager.
Consultant may designate other personnel as necessary to fulfill project management
obligations.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants that it will continuously furnish the necessary personnel to complete the Project on a
timely basis as contemplated by this Agreement.
B. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and the
services shall be performed by Consultant in accordance with the schedule specified in the
Scope of Work (Exhibit A). The failure by Consultant to strictly adhere to the schedule, may
result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall
not be responsible for delays which are due to causes beyond Consultant's reasonable control
as set forth further in paragraph 4.2 above. However, in the case of any such delay in the
services to be provided for the Project, each party hereby agrees to provide notice to the other
party so that all delays can be addressed. The City recognizes and acknowledges that the
selection of sub - contractors, the Budget (Exhibit B) and the Scope of Work (Exhibit A) are all
subject to the review and approval of the State Coastal Conservancy, and that this review and
approval may result in changes or delays to the Budget, Scope of Work and /or overall project
timeline.
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, and 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.
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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 either telephone, fax,
hand delivery or mail.
9. CITY POLICY
Consultant will 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 the
Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE 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.
11. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
officers, and employees (collectively "Indemnitees ") 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 conducted or performed
or products provided pursuant to this Agreement, excepting only the sole negligence, active
negligence, or willful misconduct of Indemnitees, and shall include attorneys' fees and all other
costs incurred in good faith and in the exercise of reasonable discretion in defending any such
claim. Nothing in this hold harmless agreement shall be construed as authorizing any award of
attomeys' fees or other costs in any action on or to enforce the terms of this Agreement.
12. INSURANCE
Without limiting Consultant's indemnification of Indemnitees, and prior to
commencement of work, Consultant shall obtain and provide and maintain at its own expense
during the term of this Agreement, the following policies of insurance:
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California; and
B. Commercial general liability insurance 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.
City shall be added as an additional insured to Consultant's general liability insurance
policy. Certificates of Insurance for the above - required policies shall be signed by a person
authorized by the applicable 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.
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All insurance policies shall be issued by an insurance company currently authorized by
the Insurance Commissioner to transact the 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.
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 a claim made or a 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 sole discretion 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
agreed to provide comprehensive general liability insurance, Consultant shall look solely to its
insurance for recovery excepting only perils arising out of the sole negligence, active
negligence, or willful misconduct of indemnities. Consultant hereby grants to City, on behalf of
any.insurer providing comprehensive general liability insurance to Consultant 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.
13. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any for
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.
14. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
15. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to cooperate with Consultant in the development and production of display
materials, advocacy letters, background information, maps and related GIS data, and research
data, and to provide assistance in contacting and meeting with public agencies, elected officials
and other individuals.or entities where requested by Consultant, and to install display and public
information materials on site if deemed appropriate. City agrees to provide all necessary review
of the project's legal requirements and to meet with homeowners and golf course operators
adjacent to the project site to discuss water quality, runoff and drainage issues identified by
Consultant.
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16. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Dave Kiff shall be
considered the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his/her authorized representative shall represent City
in all matters pertaining to the services to be rendered pursuant to this Agreement.
17. 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 to examine, audit and make transcripts or copies
of such records during normal business hours. 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.
18. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute 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 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.
19. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project. City
expressly acknowledges and agrees that Consultant shall have no liability whatsoever for the
acts or omissions of any person or entity engaged directly by City.
20. CONFLICTS OF INTEREST
A. The 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.
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.
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21. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior written
approval of City, except for design production of graphic or visual materials necessary to the
Project, which design and production by a subcontractor is hereby approved.
22. 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, attention Dave Kiff at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Phone -- 949/644 -3002 and
Fax -- 949/644 -3020
E -Mail -- dkiff @city.newport- beach.ca.us
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant, attention Esther Feldman at:
Community Conservancy International
10951 West Pico Blvd. Suite 201
Los Angeles, CA 90064
Phone -- 310/475 -0797 extension 1 and
Fax -- 310/475 -6797
E -mail -- efeldman @ccint.org
23. TERMINATION
In the event either party 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 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.
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 the Consultant that portion of compensation
specified in this Agreement that is earned and unpaid prior to the effective date of termination.
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24. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
25. 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, covenantor condition contained herein, whether of the same or a different character.
26. 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 herein. Any modification of this Agreement will be effective only
by Written execution signed by both City and Consultant.
27. PATENT INDEMNITY
The 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.
28. SHARING OF TASKS AND WORK PRODUCTS
The City recognizes and acknowledges that certain tasks that will be performed and final
work products that will be produced by Consultant pursuant to the terms of this agreement are
being funded by both the City and the State Coastal Conservancy ( "Conservancy "). The City
acknowledges and agrees that the costs associated with such tasks and final work products
shall be shared by the City and the Conservancy, pursuant to the agreements with each
respective entity, and that the costs of such tasks and work products shall be allocated by the
Consultant to each entity pursuant to the respective approved project budget. Consultant shall
deliver all final work products to both entities regardless of the allocation of costs relating to
such work products.
All materials and work products produced by Consultant as a result of this agreement
are the property of both the City and the Conservancy. Consultant shall receive copies of all
such materials and work products and shall have an irrevocable right to use all such materials
and work products for any lawful and appropriate use in the normal course and scope of its
activities.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
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APPROVED AS TO FORM:
IN
Robert H. Burnham,
City Attorney
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CITY OF NEWPORT BEACH
A Municipal Corporation
al
Homer Bludau, City Manager
for the City of Newport Beach
CONSULTANT
la
Esther Feldman, President
for Community Conservancy Int'I
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Exhibit A
Scope of Work
Big Canyon Creek Restoration Project
Scope of Work
Consultant will be responsible for conducting various technical studies, research, meetings and
other work necessary to prepare a conceptual restoration and public access plan for Big
Canyon Creek and Big Canyon Nature Park. Tasks include:
1. Conduct detailed aerial and ground survey of Big Canyon Nature Park and relevant
portion of Big Canyon Creek;
2. Conduct a biological assessment of the project area;
3. Analyze biological, hydrological, geotechnical and engineering data and public
access needs and prepare restoration plan alternatives;
4. Retain a landscape architectural firm to prepare a conceptual plan for public access
and trails, and to integrate such plan with the overall restoration goals and plan;
51 Retain a financial analyst to review all plans and prepare preliminary cost estimates
for implementation of the restoration plan;
6. Provide necessary project management of all sub - consultants;
7. Evaluate all technical recommendations and ensure integration of all site
components and needs;
8. Contact all involved public agencies and request their participation in the planning
process;
9. Conduct meetings of technical consultants and involved public agencies throughout
the planning process;
10. Conduct one public workshop;
11. Develop and evaluate preliminary alternative restoration concepts, and develop one
alternative into a recommended conceptual restoration plan for purposes of
conducting engineering review and preparation of a final report and related
documents; and
12. Working with Coastal Resources Management, prepare necessary planning
documents and reports, and coordinate the reproduction and dissemination of all
materials and plans to all necessary organizations and public agencies.
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Exhibit B
Payment Provisions
Consultant shall invoice City for work completed in accordance with the Budget in this Exhibit B.
Each invoice shall indicate the tasks completed, hours worked, and percentage of work
completed during the period being invoiced, shall include a progress report on each component
of the project, and shall attach copies of deliverables as completed. City shall pay Consultant
for time worked and materials and expenses incurred during each invoice period, and shall
reimburse Consultant for all sub - consultant fees and direct expenses invoiced. Total
compensation shall be no more than one hundred ten thousand dollars ($110,000) at the close
of the contract period, unless previousty amended in writing.
Notwithstanding this Exhibit, the City reserves the right to withhold payment if the services
described in the Scope of Work are not completed in a timely manner or if this contract is
terminated., except as provided in paragraphs 8 and 28 above.
Upper Newport Bay
Big Canyon Creek Restoration Project
Budget and Cost Allocation by Funder
Project Task
Aerial and ground survey
GIS mapping
Engineering
Hydrology and soil analysis
Biological assessment
Restoration analysis and planning
Landscape architecture, trail planning
Financial analysis
Proj. Mgt, Site Design, Tech Review,
Printing and reproduction, final report
Postage and mailing
Project expenses
Miscellaneous
Total
489984 1
Coastal
City of
Conser-
Newport
vancy
Beach
Total
12,000
12,000
5,000
5,000
25,000
25,000
25,000
25,000
45,000
10,650
55,650
19,000
16,600
35,600
18,000
18,000
4,000
4,000
Meetings, Doc. Prep 32,000
34,290
66,290
5,000
3,000
8,000
2,000
2,000
6,000
11,460
17,460
3,000
3,000
000 1 _Q,000 277 0 0
City 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
rx I from unappropriated fund balance
EXPLANATION:
NO. BA- 033
AMOUNT: $110,000.00
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 the Big Canyon Creek Restoration Project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
230 3755
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Division
Account
Signed
Signed
Signed
Description
Tidelands - Upper Bay Restoration Reserve
Description
ianciaLApproval: Administrative Services Director
Administrative AppKval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$110,000.00
$110,000.00
Date
O
Date
Date
Description
Number
7231 Tidelands - Capital
Number
C5100709. Big Canyon Creek Restoration Project
Number
Number
Number
Number
Number
Number
Number
Number
ianciaLApproval: Administrative Services Director
Administrative AppKval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$110,000.00
$110,000.00
Date
O
Date
Date