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HomeMy WebLinkAbout09 - Wastewater Master PlanCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 July 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael Sinacori 949 - 644 -3342 or msinacori @city.newport- beach.ca.us SUBJECT: WASTEWATER MASTER PLAN — ACCEPTANCE OF ORANGE COUNTY SANITATION DISTRICT COOPERATIVE GRANT AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH AKM RECOMMENDATION: 1. Accept a $322,710 cooperative grant from the Orange County Sanitation District for the preparation of a Sewer Master Plan and authorize the Mayor and City Clerk to execute the Cooperative Projects Grants Program Contract. 2. Approve Professional Services Agreement with AKM Consulting Engineers for the preparation of the Sewer Master Plan for a not -to- exceed fee of $632,776. DISCUSSION: The City has more than 200 miles of sewer mains, 20 wastewater pump stations and over 23,000 sewer lateral connections to the system. The City maintains a program of annual replacements to sewer facilities based on a Master Plan of Sewers completed in 1996. Even with regular maintenance and infrastructure replacements, the sewer system is aging. In addition, the State Regional Water Quality Control Board (Board), the agency that regulates the operation of the City's wastewater system, has required the City to update its Master Plan on a regular basis and provide a much more detailed report. The Board requested that this be completed every five (5) years. This project provides engineering services for the preparation of a Sewer Master Plan Update. The proposed master plan will help identify any existing system deficiencies not identified in the previous Master Plan as well as plan for the future. Wastewater Master Plan — Acceptance of Orange County Sanitation District Cooperative Grant and Professional Services Agreement with AKM July 25. 2006 Page 2 The Orange County Sanitation District (OCSD) is very interested in the City updating its Master Plan in the hopes of identifying infiltration points into our sewer system. OCSD experienced a very high storm related peak from Newport Beach during the last El Nino rains suggesting that the sewer system is allowing storm water flows to enter the system. The Board and OSCD prohibit storm water flows from going into a sanitary system since the treatment plants typically cannot handle the excess flows. The Scope of Work: A sewer master plan is an engineering and planning document which serves as a tool to guide the City in its decision making by identifying, evaluating and prioritizing improvements to the wastewater system. The process will result in a facilities and financial plan that will identify needed capacity, guide development and implementation of capital replacement and capital improvement programs related to the sewer system, and assist City in complying with existing and upcoming State and Federal regulations. The master plan will provide an assessment of capacity of the existing system to serve the future needs of the City and identify related system requirements. The master plan will look at the condition, age and expected life of the existing pipes and facilities and will make recommendations for a programmed replacement. Condition assessment will include CCATV inspection of the collection system and site visitations. The Consultant will also be developing recommendations for a prioritized capital improvement program. Recommended replacement of aging facilities will be included. The master plan will be prepared by a professional consulting engineering firm that will use a GIS based computer model to simulate flow conditions throughout the City's trunk sewer system. The computer model will be compatible with the City's existing GIS system and will be prepared to easily transfer between the two data systems. City staff will assist the consultant in measuring existing field flow conditions. Flow data will be used to develop accurate flow -to -land area coefficients for use in determining the sanitary loading for the computer model. The Board has required that the entire system be televised and results be professionally analyzed. While the contractor will televise 45,000 feet of sewer line, City staff will perform the majority of the sewer system televising. The master plan report will be a bound planning document and engineering reference tool which will be presented to the City Council upon completion for acceptance and adoption. A detailed description of the Consultant's exact scope of work is included as a part of the professional services agreement, attached as Exhibit "A ". Wastewater Master Plan — Acceptance of Orange County Sanitation District Cooperative Grant and Professional Services Agreement with AKM July 25, 2006 Page 3 Selection Process The firm of AKM Consulting Engineers was selected as the most qualified firm to complete the sewer master plan. AKM has worked on countless master plans for many agencies throughout Southern California and beyond. AKM is very familiar with the City's sewer system since they performed initial analysis and reports required by the Board under the Waste Discharge Requirements imposed in 2002. Under contract with the Utilities Department, AKM completed the City's Preventative Maintenance Plan and System Evaluation and Capacity Assurance Plan in 2005. The Master Plan will update these documents based on a complete hydraulic computer model of the entire system and will be a continuation of engineering services already completed by this firm. The 1996 Master Plan only modeled twenty -five percent of the City's sewer system. AKM is also very familiar with OSCD staff requirements and has performed many analytical studies for this agency. AKM acts as an advisor to OCSD (and many other agencies) with regards to State Board requirements. OCSD will be paying for more than half of the cost of the master plan through a cooperative grant. The efforts of AKM are fully support by OCSD and the selection of AKM was strongly supported by two OCSD sub - committees and the full Board of Directors. Environmental Review CEQA is not required for the approval of a professional services agreement. Individual projects identified in the Master Plan shall be evaluated under CEQA for the appropriate determination at the time the project is designed and constructed. Funding Availability: Upon approval of Cooperative Projects Grants Program Contract with OCSD, there is sufficient funding for this project in the following accounts: Account Description Account Number Amount Wastewater Master Plan — Enterprise Funds 7531- C5600934 $310,066 Wastewater Master Plan — OCSD Grant Funds 7251- 05600934 $322,710 - Total: $632,776 Prepared y: Submitted by: Mid ael Sinacori, P.E. l; G. Badum P incipal Civil Engineer Public Works Director Attachments: OCSD Cooperative Projects Grants Program Contract Professional Services Agreement with AKM Consulting Engineers Contract No. CP -0502 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS GRANTS PROGRAM CONTRACT RECITALS WHEREAS, this Contract is entered into on , 20_ by and between the Orange County Sanitation District (hereinafter referred to as "District") whose address is P.O. Box 8127, Fountain Valley, California 92728, and the City of Newport Beach (hereinafter referred to as "Agency"). District and Agency shall be individually referred to as "Party" and collectively as "Parties "; and WHEREAS, District is a duly organized County Sanitation District, existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, District implemented a Cooperative Projects Grants Program ( "Program ") to co -fund projects sponsored by agencies located within District's service area. District's Board of Directors has the authority to enter into Cooperative Projects Grants Program contracts to implement the Program; and WHEREAS, District's Board of Directors has authorized a contract with Agency for the project described in Exhibit "A" (Project Description /Statement of Work, hereinafter the "Project "), attached hereto and by reference made a part of this Contract; and WHEREAS, Agency has met the requirements for receipt of Cooperative Projects Grants Program Funds as set forth in Agency's Cooperative Projects Grants Program Application and Agency agrees to complete the Project defined herein. NOW THEREFORE, the Parties agree as follows AGREEMENT AUDIT - Agency shall at least once every year be subject to an audit by District, or its authorized representative, to determine if the revenues received by Agency were appropriately spent for the Project described in Exhibit "A ". Agency shall retain all documents and records associated with the Project for a period of three (3) years from the date of completion of the Project. District shall coordinate such audit through Agency's audit staff. 2. WATER CONSERVATION BMP - Agency agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation - Best Management Practices) attached hereto and by reference made a part of this Contract. 3. TERM - The term of this Contract is from the Contract execution date through completion of the Project or February 29, 2008, whichever occurs first unless terminated earlier as provided for in Paragraph 4 below. All Project deliverables and requests for reimbursement must be received by District by April 30, 2008. Failure to meet this deadline will result in forfeiture of Cooperative Projects Grants Program funding, provided, however, that in the event that Agency is unable to complete the Project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both Agency and District, District may extend the term of this Contract for an additional period. Such extension shall be made only by written agreement signed by both Parties hereto. Extensions must be approved by District's Board of Directors, prior to contract amendment. 4. TERMINATION - In the event that any Party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the Parties, including, but not limited to, the requirements as set forth in Exhibit "A", and Exhibit "C" (Project Milestone Schedule), attached hereto and by reference made a part of this Contract, the failure shall constitute a material breach of this Contract. The non - breaching Party shall have the sole and exclusive option either to notify the breaching Party that it must cure this breach within 15 days or provide written notification of its intention to terminate this Contract upon 30 days written notice. Notification shall be provided in the manner set forth in Paragraph 22 below. Termination shall not be the exclusive remedy of the non - breaching Party. The non - breaching Party shall have the right to seek any and all remedies provided by law District may terminate this Contract at any time, without cause, upon giving Agency thirty (30) days written notice. Upon completion of the Project and in satisfaction of all reporting requirements for Agency reimbursements set forth in this Contract, District shall reimburse Agency for all incurred costs identified in Exhibit "B" up through the date of termination of this Contract. 5. INSURANCE - Prior to the start of this Contract, Agency shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit per occurrence (general and automotive) of One Million Dollars ($1,000,000.00). Agency shall maintain such coverage during the term of this Contract and any extensions thereof. Subject to notice to and approval of District, Agency may fulfill its insurance obligations through one of the following: (i) self - insurance; (ii) by providing coverage through a joint powers insurance authority (JPIA), which is duly formed under the laws of the State of California; or (iii) utilizing a combination of self- insurance and JPIA coverage. Agency shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any Project requiring work to be performed in a public right -of -way. The policy shall have a combined single limit of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with Five Million Dollars ($5,000,000.00) general policy aggregate; or, alternatively Two Million Dollars ($2,000,000.00) aggregate separate for this Contract. Agency shall require its contractor to maintain such coverage during the duration of the Project work. District shall be named as an additional insured by endorsement to each liability policy referred to herein. Each policy shall require that Agency notify District in writing, not less than thirty (30) days in advance of any modification or termination of any such insurance. Any modification of the insurance provided shall be subject to pre - approval by District. If Agency, or its contractor, fails to maintain the required insurance coverage, District reserves the right to immediately terminate this Contract or purchase such additional insurance and bill Agency or deduct the cost thereof from any payments owed to Agency. District shall have no obligation, however, to purchase additional insurance. 6. INDEMNIFICATION - Agency agrees to hold harmless, defend, and indemnify District, its officers, employees, agents, representatives, and successors -in- interest against any and all loss, damage, cost, or expense which District, its officers, employees, agents, representatives, and successors -in- interest may incur or be required to pay by reason of any injury or property damage caused or incurred by Agency, its employees, contractors, sub - agency's contractors, or agents in the performance of this Contract, including but not limited to, any contract between Agency and any third Party for the performance of work as part of the Project. Sub - agency means an agency, other than the Agency, that either performs or hires contractor(s) to perform work on the Project. 7. PAYMENT A. District shall pay Agency up to Three Hundred Twenty -Two Thousand Seven Hundred Ten Dollars ($322,710.00) upon completion of the Project on a reimbursement basis. Reimbursements are processed each year on a first -in first -out basis. Once District reimbursement funds meet the annual cap identified by the District, all remaining unpaid reimbursement requests will be deferred for payment until the following fiscal year. Any funds not expended upon Contract termination or completion shall revert back to the Cooperative Projects Grants Program. Payment of charges shall be made by District to Agency within 60 days after approval by District of an itemized invoice prepared and furnished by Agency. B. An invoice submitted to District for payment must be prepared in duplicate, on Agency letterhead, and list District's Contract number, period covered by invoice, and Agency's Employer Identification Number. Invoices shall be submitted to: Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728 -8127. Attn: Accounts Payable Department. Proof of Project expenditures must be provided with the Agency invoice. As proof of Project expenditures, Agency must provide copies of checks or warrants with corresponding invoices or purchase orders, receipts, and labor reports. For construction projects, Agency is required to provide to the District a copy of the check to the contractor showing payment of final retention. C. District funds will be distributed on a reimbursement basis after Project completion and after receipt of all Project deliverables including proof of Project completion and expenditures. Projects that do not reach completion are not eligible to receive funds. District will reimburse allowable administrative costs as stipulated in Attachment "A" and itemized in Exhibit "B" (Project Cost Breakdown). Receipts and documentary records are required to support reimbursement requests. for administrative costs. Agency is responsible for submitting to District an invoice with a summary of expenditures, complete with copies of paid invoices and corresponding receipts and checks as proof of Project expenditures. D. District will not reimburse costs associated with the following: Agency costs associated with applying for and /or securing the Program funds from the District; any costs expended by Agency prior to the District's approval of Agency's Program application; any costs incurred by Agency after termination of the Contract; Agency costs for work that is not directly associated with the Project described in the Contract documents. E. No funds shall be paid to Agency pursuant to this Contract, until the Project, as set forth in Exhibit "A ", is completed and proof of completion and proof of Project expenditures are provided to District. If the Project as described in Exhibit "A" is not completed and satisfactory proof of completion is not provided to District, no monies shall be due and payable to Agency. Proof of completion shall include a Final Report detailing the work completed. District shall not reimburse Agency for expenditures incurred by Agency outside the scope of the Project. For closed circuit television monitoring ( "CCTV) projects, proof of completion shall also include a notarized letter from the City Engineer, Public Works Director, or City Manager affirming that the monitored sewers were constructed in or before 1960 or meet at least one of the following criteria: (1) Pipe material must be clay tile or glazed clay, asbestos cement, uncoated concrete, or Orangeburg; (2) Joint configuration with high risk (i.e., high inflow /infiltration potential) must be hand mortared, packed joint with oakum - asphaltic materials, jute, or other hand packed materials; and (3) Other high -risk materials must be approved by the District before the Agency commences work. (4) Sewers are located in high groundwater or in areas which show evidence of high inflow or infiltration as determined from the District's long -term flow monitoring. G. For closed circuit television monitoring ( "CCTV") projects, the methodology of evaluation, data collection, and reporting criteria used for the National Association of Sewer Service Companies ( NASSCO) certification shall be practiced for all CCTV evaluations. A structural pipe rating for each sewer segment shall be assigned using the NASSCO PACP condition grading system. H. Additional Cooperative Projects Grants Program Funds will not be available to fund Project cost overruns. Any Project cost overruns must be funded from sources other than the Program. The reimbursed amount shall not exceed 50% of the total cost of the work as set forth in Exhibit "A ", Exhibit "B" and Exhibit "C ", attached hereto and incorporated into the Contract. J. If, at the completion of the Project described in Exhibit "A ", the actual amount of Cooperative Projects Grants Program Funds utilized in performance of the Project is less than the projected Total Project Cost identified in Exhibit "B ", the amount reimbursed by District shall not exceed 50% of the actual Total Project Cost. If, at the completion of the Project, the actual amount exceeds the projected Total Project Cost identified in Exhibit "B ", District shall not be responsible for any additional funds, unless a Contract Amendment has been executed by the Parties. 8. COMPLIANCE WITH APPLICABLE LAWS - Agency shall comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with all federal, state, and local laws, ordinances, codes, and regulations and orders of public authorities in the performance of this Contract. 9. EMPLOYEES OF AGENCY A. With regard to Project work, Agency shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacement, sick leave, severance pay, and pay for legal holidays. B. With regard to Project work, Agency shall pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. With regard to Project work, Agency, its officers, employees, agents, or representatives shall in no manner be considered employees or agents of District nor shall Agency, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by District to its employees. 10. PREVAILING WAGE REQUIREMENTS - To the extent that Agency's Project is a public works project, as defined in California Labor Code § 1720 et. seq., Agency shall ensure that the Agency, its contractors, subcontractors, agents, or representatives on the Project comply with all applicable federal and state laws requiring the payment of prevailing wages. 11. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this Contract shall at all time remain with Agency. 12. NON - DISCRIMINATION - In the performance of this Contract, Agency shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88 -352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. Agency shall likewise require each sub - agency to comply with this paragraph. In any contract that Agency issues to carry out the Project, Agency shall include a provision that requires the contractor and any of its subcontractors to comply with the above - mentioned federal and state laws, regulations, and orders. 13. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either Party without the written consent of the other, and any attempt by either Party to do so shall be void upon inception. 14. NON - EFFECT OF WAIVER - Agency's or District's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions or of the future exercise of such rights or remedies. 15. ATTORNEYS FEES - In the event any legal proceeding or action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each Party shall bear its own attorneys' fees and costs. 16. FORCE MAJEURE - Neither District nor Agency shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor, or transportation, or any similar cause beyond the reasonable control of District or Agency. 17. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and this Contract shall then be construed as if such unenforceable provisions are not a part hereof. 18. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed duplicate shall have the force and effect of an original. 20. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be Orange County, California. 21. PRE- CONTRACT COSTS - Any costs incurred by Agency prior to District receipt of a fully executed Contract shall be incurred solely at the risk of Agency. In the event that a formal contract is not executed, District shall not be liable for any amounts expended in anticipation of a formal contract. 22. NOTICES - Any notices from either Party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notice by either Party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. IF TO District: Orange County Sanitation District P.O. Box 8127 Fountain Valley, CA 92728 -8127 Attn: Board Secretary IF TO Agency: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Attn: Stephen G. Badum 23. ENTIRE CONTRACT - This Contract represents the entire agreement between the Parties hereto with respect to the Cooperative Projects Grants Program, and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any Party unless in writing and signed by the Party against whom enforcement of such waiver, alteration, or modification is sought. 24. NO THIRD PARTY BENEFICIARIES - This Agreement is entered into by and for District and Agency, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. 25. RECITALS - The Recitals above are though fully set forth herein and each agrees that such Party is bound, for though set forth in full in this section. hereby incorporated in this paragraph as Party to this Contract acknowledges and purposes of the Contract, by the same as IN WITNESS WHEREOF, the Parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives on the date hereinabove. ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors X Secretary, Board of Directors APPROVED AS TO FORM: BRADLEY R. HOGIN DISTRICT COU�I e /� CITY OF NEWPORT BEACH APPROVED AS TO FORM: By /4 s S i S f A -A' f% {'Y /14 i s ✓N r,, CIi,Va /'-q- to - /h e«cc.,, AT:sa EDMS 003810834 Attachment "A" ADMINISTRATIVE COSTS Long Distance Toll Charges All long distance toll charges incurred will be reimbursed as direct costs. Toll charges to area codes serving Los Angeles, Orange, Riverside, and San Bernardino Counties will not be reimbursed. Facsimile Transmission Charges Facsimile transmission charges will not be reimbursed, except the long distance toll charges, as described above. Reproduction Charges In -house reproduction of records and documents will not be reimbursed by the District. Use of an outside copy service for specialty items and volume reproduction will be reimbursed at direct cost. Overnight Mail Deliver and Messenger Service Use of Federal Express, Express Mail, UPS, or such similarly - related service, as well as a Messenger service, will be reimbursed at direct cost only when necessary. Postage Incidental postage will not be reimbursed by District. Printing Use of a professional printing service will be reimbursed at actual cost. Film Processing Film processing will be reimbursed at actual cost. Computer Usage Computer use by Consultant and /or support staff will not be reimbursed. Mileage Per mile reimbursement will be at the current rate set by the Internal Revenue service. Temporary Staff The use of outside temporary support staff will be reimbursed at direct cost with prior approval of District. Office Supplies The purchase of office supplies by Agency or Agency's Consultant will not be reimbursed. EDMS 003809877 Exhibit A Project Description /Statement of Work EXHIBIT A Project Description/Statement of Work April 3, 2006 Prolect's Goals and Objectives The goal of the project is to update the City of Newport Beach's Sewer Master Plan that was completed in 1996, with a significant Inflow and Infiltration Reduction Plan Component. The 181 Reduction Plan will build up on OCSD's previous work, which identified significant 181 in portions of the City of Newport Beach's sewer collection system, install manhole plugs in the areas prone to flooding, and assess its success through a wet weather flow monitoring effort. It will also involve CCTV inspection and evaluation for condition assessment, as well as Identifying infiltration problem areas. The information gathered will be used in formulating future sewer system evaluation surveys, including smoke testing in areas where manhole plugging does not show the desired reduction in Inflow. It will Involve CCTV inspection by the City forces and outside contractors, evaluation of the CCTV data, complete capacity evaluation, development of a capital improvement program, and a financial evaluationlrate study to provide adequate funding for system 08M, capital improvement program, and future studies to reduce 181. 2. Scope of Work a. Project Management b. Complete sewer GIS, prepare hydraulic model C. Inflowllnfiftration Study d. Criteria development e. Capacity Assurance Plan f. Condition assessment and sewer system rehabilitation plan Phase 1 g. Financial plan h. Final Master Plan Report The CCTV Inspections and evaluation be performed utilizing NASSCO standards. The work will also estimate potential reduction in inflow and infiltration based upon information contained in the written reports and recordings. 3. End Products and Deliverables The end product will consist of the following: 1. Complete sewer GIS 2. Evaluation Criteria 3. Capacity Assurance Plan 4. Sewer System Rehabilitation Plan 5. Inflow and Infiltration Reduction Plan 6. Financial Plan 7. Final Master Plan Report Copies of the deliverables will be submitted to Orange County Sanitation District as they are completed. 4. Location of the Work Elements Throughout the City's collection system. EXHIBIT B: PROJECT COST BREAKDOWN A. Please provide the following information regarding project funding: • What is your funding contribution? $ 322,710 • When will your funding become available? It is available B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY AMOUNT 1. AGENCY funds available in FY2006 -07 $ 322,710 2. Cooperative funds requested 3. Additional Project Co-Funding 4. Total Project Cost $ 322,710 $ 645,420 YES NO Is the Cooperative Projects Grants Program Funds ❑ request less than or equal to 50% of the Total Proposed Project Cost? Is the Cooperative Projects Grants Program Funds ❑ request less than or equal to 25% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to ❑ cover the total project cost, considering that the Cooperative Projects Grants Program Funds are available on a reimbursement -basis only? Does the applicant have sufficient funds available to ❑ cover ANY costs increases, considering that increases in the Cooperative Projects Grants Program Fund will not be available? C. Please list all funding sources other than the Cooperative Projects Grants Program: NON - COOPERATIVE PROGRAM FUNDING SOURCE AMOUNT 1. City of Newport Beach Sewer Fund $ 322,710 2. $ 3. $ 4. $ TOTAL OTHER PROJECT CO- FUNDING: $ 322,710 D. As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when deflning labor costs. Please return this page as part of your Project Application: CAPITAL EQUIPMENT COSTS (PIPE, MANHOLE AMOUNT FRAME AND COVER, ETC.) 1. $ C 2. $ I. 3. $ 4. $ TOTAL CAPITAL EQUIPMENT COSTS: $ DIRECT LABOR COSTS (including overhead and AMOUNT benefits). 1. 760 Labor hours x170 $/hour = $ 129,200 2 1,060 Labor Hoursxl40 $/hour = $ 148,400 3. 1,056 Labor hours x90 $/hour = $ 95,040 4. 700 Labor Hoursx75 $/hour = $ 52500 5. 220 Labor hours x 79 $/hour = $ 17,380 6. 204 Labor hours x 55 $/h-our= $ 11,220 TOTAL DIRECT LABOR COSTS: $ 453,740 OTHER DIRECT LABOR COSTS, INCLUDING SUB - AMOUNT AGENCIES: 1. CCTV Inspection $ 50,000 2 Flow Monitoring $ 69,000 3. Surveying $ 45,036 4 Manhole Plug Installation (160 Hrs at $42.93/hr) $ 6,870 5. Expenses $ 15,000 TOTAL OTHER DIRECT LABOR COSTS: $ 185,906 ADMINISTRATIVE COSTS: 80 hours of City of Newport Beach Utilities Engineer time at $ $72.20 1hr $ 5.774 645,420 TOTAL PROJECT COST: Please note that the Total Project Cost reflected in subsections B and D, above should be consistent. c 0 a Q = E U a m n. 1w m a C N ; m n Qa Z m y m LL > n ni U 00 n o 0 �� ■ ■ ■■ ■1111 �� ■ ■ ■f if 11111 � ■■ ■11111111 �� ■: ■11111111 6i■ ■:111;1111 ®�� ■ ■I111�11 _ ® ■■ ■1111 ■■ ��■ ■61111 ■ ■I � ■ ■111111 ■■ ®!■ ■111111 ■■ ®■ ■111111 ■■ ® ■■I 1_111 ■ ■■ BI ■� 1111 ■ ®■ 11111 ■■ 8 ■ ■I Illll ■■ 6'f If X11 ■ ■ ■■ � 111 ■II ■ ■ ■■ L` EXHIBIT D WATER CONSERVATION BEST MANAGEMENT PRACTICES Approved by the City of Newport Beach City Council, July 26, 2005 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT L3��� J o -a-uus Agenda Item No. in July 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Terresa Moritz, Management Analyst, (949) 644 -3013, tmodtz@city.newport-beach.ca.us SUBJECT: Memorandum of Understanding with the California Urban Water Conservation Council for Best Management Practices ISSUE: Should the City become a signatory to specific Water Conservation Best Management Practices (BMPs)? RECOMMENDATION: Authorize the Mayor to execute a future Memorandum of Understanding (MOU) with the California Urban Water Conservation Council (CUWCC) regarding water conservation Best Management Practices (BMPs). DISCUSSION: Background: In 1991, the California Urban Water Conservation Council (CUWCC) was formed through a Memorandum of Understanding (MOU) by its participating agencies. Signatories to the MOU agree to implement a set of fourteen cost - effective Best Management Practices (BMPs). These BMPs are recognized worldwide as a framework for advancing the efficient use of valuable water resources. The majority of Orange County Cities and Water Districts are signatories to the MOU. Best Management Practices for Urban Water Conservation In 1991, the CUWCC was created to address urban water conservation .efforts. The Council has no regulatory authority and membership and dues are voluntary. Annual dues have been funded in the past by the Metropolitan Water District of Southern California (MWD) and the Municipal Water District of Orange County (MWDOC). MOV with CUWCC for BMPs July 26, 2005 Page 2 Signatories to the MOU agree to implement a set of fourteen (14) cost - effective BMPs. 1. Residential surveys 2. Residential plumbing retrofit 3. System water audits, leak detection and repair 4. Metering 5. Large landscape programs and incentives 6. High - efficiency clothes washer rebates 7. Public information programs 8. School education programs 9. Commercial, Institutional and Industrial programs 10. Wholesale agency assistance programs 11. Conservation pricing 12. Conservation Coordinator 13. Water waste prohibition 14. Residential Ultra Low Flow Toilet (ULFT) replacement programs Each BMP has a set of specific requirements for documentation and implementation. A water agency can exempt itself from implementing a BMP if it can show that the practice is not cost - effective, if adequate funds are not available, or if the agency does not have the legal authority to implement the practice. Staff has reviewed the BMPs with water conservation staff at MWDOC. Of the thirteen BMPs that apply to Newport Beach ( #10 applies only to wholesale agencies like MWDOC) nine are already in place, some by virtue of programs sponsored by MWDOC, the Orange County Sanitation District (OCSD), Orange County Water District (OCWD) and the MWD. These are presented below. #3 — Distribution System Audits — leak detection was performed as part of the Water Master Plan. The City's unaccounted for water percentage is currently 7 %. As long as this figure remains below the established threshold of 10 %, the City complies with this BMP without any further action. At 10% or more, a full -scale system audit is called for. #4 — Metering —All Water service connections in the City are metered. #5 — Large Landscape Conservation Programs — MWDOC is the lead on these programs and the City participates. #6 — High - efficiency washing machine rebate program — MWDOC and MWD are implementing a program. #7 — Public Information — MWDOC provides a number of publications and other public information efforts that supplement those distributed by the City. J MOU with CUWCC for BMPs July 26, 2005 Page 3 #8 — School Education — MWDOC provides literature and presentations to schools throughout its service area. The Utilities Department has participated in presentations including the Annual Children's Water Education Festival. #11 — Conservation Pricing — One definition of conservation pricing is 'rates designed to recover the cost of providing service." The City's rates are designed in this fashion. In addition, the City's Finance Committee has asked that the City begin studying a use -based tiered rate system similar to that of the Irvine Ranch Water District (IRWD), which covers about 20% of the city. #12 — Conservation Coordinator — The Management Analyst for the Utilities Department has been designated as the Conservation Coordinator and has received certification from the California- Nevada Section of the American Water Works Association (AWWA) as a Level I Water Conservation Practitioner. #14 — Ultra Low Flow Toilet (ULFT) Program — MWDOC provides a regional rebate program available to citizens of Newport Beach. (There are no longer "Free" Toilet Giveaways, because the field is saturated) Essentially, compliance with .the remaining BMPs, with the exception of #13, would i , consist of participation and coordination with programs either in development or already established by regional agencies. 4 -Benefits There are a number of benefits to the City becoming a signatory to the MOU: • Current negotiations on a CALFED Bay /Delta solution indicate that the BMPs will likely become mandatory. If this occurs, agencies that are already a signatory would be recognized by MWD and the State Water Resources Control Board, the oversight agency monitoring BMP implementation, and have access to the State's drought bank. The City is given conservation credits by OCWD for water- conserving toilet and showerhead replacements. For each acre foot of quantifiable conservation, OCWD allows the City to: pump an equal amount over its basin pumping percentage, thereby saving the difference in pumped water over Import water (currently about $320 1acre foot). Or the City could opt for a recently approved direct funding program. So, while on the surface it appears that conservation efforts would negatively impact revenue and therefore Water Fund Reserves, the opposite is the case. • OCSD may begin funding water conservation programs at a higher level thereby reducing or eliminating the City's up front costs for certain programs. i M61dwith CUWCC for BMPs July 26, 2005 Page 4 Conservation efforts for irrigation and landscaping have been shown to effectively reduce urban runoff. • BMP implementation is contingent upon the program being cost effective. Therefore, any up front costs to the City for a specific program would need to be recouped and savings demonstrated or the program would not need to be implemented. • Previous conservation efforts have been associated with periods of drought and were therefore reactive. Adoption of the BMPs illustrates a proactive approach to responsibly and effectively managing the City's water resources. Based on the benefits above, we recommend that the City become a signatory to the memorandum of understanding. Becoming a signatory simply requires the appropriate signatures on the signature sheet of the most recent (April 8, 1998) .MOU. This is then forwarded to the CUWCC where they vote, as a formality, and accept Newport Beach as a member. Current signatories in Orange County are: Anaheim, East Orange County Water District, El Toro Water District, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine Ranch Water District, Mesa Consolidated Water District, .Moulton Niguel Water District, MWDOC, OCWD, the County of Orange, OCSD, San Juan Capistrano, Santa Ana, Southern California Water Company, South Coast Water District, Trabuco Canyon Water District and the Water Advisory Committee of Orange County. Environmental Review: Not applicable. Funding Availability: Annual dues for signatories in Orange County have been paid since 1998 by the Metropolitan Water District of Southem California and the Municipal Water District of Orange County. Should this funding be withdrawn in the future, the City would be responsible for approximately $3,300 annually, which will be budgeted under 5500 -8303 Water Conservation, Education and Public Relations. . Prepared by: Submitted by: Terresa Moritz, Manage' ent Analyst Dave iff Assistant City. Manager *J PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS FOR CITY OF NEWPORT BEACH SEWER MASTER PLAN THIS AGREEMENT is made and entered into as of this day of , 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and AKM CONSULTING ENGINEERS, a California Corporation whose address is 553 Wald, Irvine, California, 92618 ( "Consultant'), and 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 update the City Sewer Master Plan. C. City desires to engage Consultant to provide professional engineering services for preparing a Sewer Master Plan Update. ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Zeki Kayiran, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth 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 above written date, and shall terminate on the 31st day of December, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in 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 due to causes beyond Consultant's reasonable control. 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. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 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. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Six Hundred Thirty -Two Thousand, Seven Hundred Seventy-Six Dollars and no /100 ($632,776.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 The City shall make progress payments monthly as the Project work proceeds based on the percentage of Project work completed. The Consultant shall furnish a summary breakdown of the Scope of Services and budget for the Project in a format acceptable to the City, showing the amount included therein for each principal category of the Project work, in such detail as reasonably requested, to provide a basis for determining progress payments. All requests for payment shall show the percentage of work completed in relation to the Scope of Services and Project budget, describe the work performed the preceding month, the name of the person who performed the work, a brief description of the services performed and the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent 2 on each principal category in the Scope of Services, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval by City staff of a request for payment. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. 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. 4.3 Consultant shall not receive any compensation for Extra Woclype`ormed without the prior written authorization of City. As used herein, 'Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate 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 Agreement term. Consultant has designated Zeki Kayiran, P.E., to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael Sinacori, P.E., shall be 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. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 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 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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 0 to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. Failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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 over the means of performing the work, provided that Consultant is in compliance with 5 the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification.of all required policies. C. Acceptable Insurers. 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 Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. R D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: 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 cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. D 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant 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 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City `As- Built' drawings, and a copy of digital ACAD and tiff image files of all .final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate 9 storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. 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. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular 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 to Consultant under this Agreement. 10 23. WITHHOLDINGS City may withhold payment to Consultant 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 /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. 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 what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST 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 any 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. 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 immediate 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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: 11 Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Zeki Kayiran, P.E. AKM Consulting Engineers 553 Ward Irvine, CA 92618 Phone: 949 - 753 -7333 Fax: 949 - 753 -7320 28. TERMINATION In the event that either party fails or refuses to perform any of the rovisions of this Agreement at the time and in the manner required, that party shalr-� deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. i" 30. 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. 31. 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. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 13 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: A !r, C Gam—' SS SNn,rCityAttorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation M Mayor for the City of Newport Beach AKM CONSULTING ENGINEERS: IN (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services and Schedule Exhibit B — Schedule of Billing Rates F: \Users \PB\MShared\Agreements \FY 06 -07\AKM -Sewer Master Plan.doc 14 EXHIBIT A SECT /ON 3 Scope of Work The following section provides detailed descriptions of the proposed scope of work. TASK 1 Project Management, Communication and Meetings 1.1 Coordination and Communication The project manager will be the point of contact and coordinate all communication with City staff. 1.2 Meetings We will meet with City staff at a kick -off meeting, and approximately one month intervals to discuss the progress of the project. We will prepare meeting agenda, record the minutes of the meetings, and submit them to the City. We will also prepare and submit status reports. TASK 2 Complete System Model /GIS 2.1 Complete System Geometry AKM Consulting Engineers will work with the City staff to complete the information missing in the existing sewer GIS. This will include all the missing invert elevations. This information will either be obtained from as built drawings, or through field surveying of the manholes. Our cost proposal includes field surveying of the manhole inverts through high accuracy GPS, where manhole rim elevations will be GPS surveyed with 0.1 ft accuracy, and the depth to invert will be measured and subtracted from the rim elevation. AKM will utilize this information for completing the sewer GIS, and utilize it for completing the model. 2.2 Delineate Tributary Areas This task will involve delineating the tributary area of each manhole from the service lateral information available in the sewer GIS. The tributary area, along with unit flow factors or point sources for high sewage generators will be used to calculate the average flow tributary to each manhole. We will use H2OMap Sewer /Pro, which is a stand -alone GIS -based computer program, to model the system. The program is designed to seamlessly view, manipulate, and exchange GIS data sets with ease. The program creates and stores all geographic data in a native shapefile format, making the information compatible with any other GIS applications. AKM has extensive experience with this model, having used it for modeling the systems of Corona (368 miles), Garden Grove Sanitary District (310 miles), Alhambra (128 miles), La Habra (130 miles), Seal Beach (35 miles), New Model Colony, and the City of Los Angeles Secondary Systems. CITY OF NEWPORT BEACH 3 -1 Sewer Master Plan Update AKM Proposal No. 65.2676 Scope of Work The computer model shall include all City sewer pipes (excluding laterals and private lines), manholes, pump stations, large point source flows and tributary area boundaries. It is important to include all pipes in the model in preparation for the upcoming Statewide Waste Discharge Requirements that will require hydraulic analysis of the City's entire collection system. The land use information will be developed from City's GIS using parcel data. Areas tributary to each manhole will be delineated as described above. The unit flow factors will be developed from a combination of water billing data and flow monitoring results. The peaking relationships obtained from the flow monitoring effort will be used for model calibration. The advantages and disadvantages of utilizing city -wide peaking relationships versus area specific peaking relationships will be discussed with the City. We will utilize the data available through the OCSD and our experience to establish peaking relationships for wet weather flows. We will recommend criteria for interim use, and subsequent flow monitoring during the next wet weather period to refine this criteria. TASK 3 Inflow and Infiltration Studies Inflow and infiltration studies are needed to assess the sources and quantities of extraneous flows into the sewer collection system. This information is then used in establishing capacity criteria in accordance with the requirements of the Waste Discharge Requirements (WDR) issued by the California Regional Water Quality Control Board, Santa Ana Region on April 26, 2002. Provision 2 of the WDR states: 2. Discharges Caused by Severe Natural Conditions — The Regional Board may take enforcement action against the permittee for any sanitary sewer system discharge caused by natural conditions, unless the permittee demonstrates through properly signed, contemporaneous operating logs, or other relevant evidence that: (i) the discharge was caused by severe natural conditions (such as hurricanes, tornadoes, flooding, earthquakes, tsunamis, and other similar natural conditions); (ii) there were no feasible alternatives to the discharge, such as retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, or an increase in the capacity of the system. This provision is not satisfied if in the exercise of reasonable engineering judgment, at the time that the facilities were planned, the discharger should have installed auxiliary or additional collection system components, wastewater retention, adequate backup equipment or should have reduced inflow and infiltration. This CITY OF NEWPORT BEACH 3 -2 Sewer Master Plan AKM Proposal No. 05 -2676 Scope of Work provision is also not satisfied if the agency does not undergo a periodic or continuing planning process to identify and correct problems. 8. The discharger shall provide adequate capacity to convey base flows and peak flows, including wet weather related events to the minimum design criteria as defined in the discharger's System Evaluation and Capacity Assurance Plan, for all parts of the collection system owned or operated by the discharger. Orange County Sanitation District (OCSD) had a long term flow monitoring program to determine the rainfall dependent inflow and infiltration (RDII) sources into its system. The goal of OCSD is to reduce wet weather peaking at its two wastewater treatment plants by 20 percent. Such a reduction will eliminate or delay the need for constructing costly additional treatment and outfall facilities. The information developed from the long term flow monitoring program can be used to break up the large basins with notable RDII into several smaller basins for conducting more detailed studies and formulating rehabilitation projects to achieve the peak flow reduction goal. The long term flow monitoring program commenced with 150 flow monitors in 2002. Based upon evaluation of the information collected by late 2004, OCSD decided to further study the 38 basins with the highest RDII problems through the use of 75 flow monitors. Ten of the flow monitors were located in Newport Beach. However, one (OC_116) was located at Pacific Coast Highway and Newport Coast Drive, and measured flows from the Newport Coast area served by the Irvine Ranch Water District. Another (OC_108) is located in Dover Drive east of Irvine Avenue, and measured flows almost entirely generated in the Costa Mesa Sanitary District's service area. Seven of the remaining flow monitors were installed in Orange County Sanitation District trunk sewers, and one in a City of Newport Beach sewer. Summary of the information collected /developed at the eight flow monitoring locations are presented in the following table. Orange County Sanitation District Flow Monitors in Newport Beach December 2004 -April 2005 Monitor Tributary Aa (a Pipe Length (f) a( ps) Opts) l Opdw i Qadw Si e (in) Comments OC_225 2100 Jamboree So. of East Bluff /Ford 281 46,907 0.08 0.187 0.35 1.87 4.38 10 OC 220 PCH and Old Newport Blvd 215 39,058 0.27 0.45 121 2.69 4.48 15 Surcharged OC_224 West of Jamboree/ North of SJH 479 84,141 0.29 0.55 0.94 1.71 3.24 12 Surcharged OC 223 Big Canyon Dr. at Royal St. George Rd 589 100,638 0.62 1.1 1.84 1.67 2.97 12 OC 106 1860 Jamboree Road 3401 51,9661 0.75 1.43 2.2 1.54 2.93 15 OC 226 W Balboa Blvd West of 15th Street 259 57,1121 0.971 1.27 3.35 2.64 3.45 21 Surcharged OC 128 3431 Newport Boulevard 463 98,768 1.87 2.34 5.5 2.35 2.94 24 OC 104 607 South Bayside Drive 2,937 96,3761 2.351 3.871 7.21 1.86 3.07 36 CITY OF NEWPORT BEACH 3 -3 Sewer Master Plan AKM Proposal No. 05 -2676 Scope of Work The information collected between December 2004 and April 2005 was reviewed by ADS Environmental Services and the results were presented in a report entitled "Annual Infiltration /Inflow Analysis Report, Winter 2005 ". While Orange County experienced near record precipitation during the study period, all individual storm events had less than a 2 -year return frequency. Three of the sites (OC_220, OC_224, and OC_226) had depth to diameter ratio exceeding 1 (surcharged conditions), and the peak wet weather flow to peak dry weather flow ratio varied from 1.54 to 2.69. These are high values for use in developing depth to diameter ratios, particularly considering the fad that they resulted from storms of 2 -year frequency. While the OCSD's goal is to reduce the wet weather related peaking, the City has to have reasonable depth to diameter ratio criteria for evaluating the capacity of its system and design of future /capacity improvement projects. The following are proposed to develop better information upon which to base the wet weather peaking criteria, reduce RDII, and comply with the WDR's, 1. With assistance from the OCSD, the City should plug the all but one of the vent holes and pick holes in the manhole covers in the areas tributary to the flow monitoring sites OC_104, OC_106, OC_128, OC_220, OC_223, OC_224, and OC_225. Additionally, the manholes in the areas tributary to the City manholes MHK02 -222 at Marguerite Avenue and Fifth Avenue; MHL20 -050 at Marguerite Avenue and Pacific Coast Highway; and MHL31_001 on Balboa Island should be plugged similarly. Furthermore, every other manhole in the area tributary to OC_128 should be fitted with pans to minimize the inflow. If odor problems are developed due to reduced ventilation, it may be necessary to aerate the sewage in those areas. The purpose of this work is to quantify the success of manhole plugging in reducing RDII by comparing future year flow monitoring results to the information previously developed by OCSD. 2. Review the data and results available at OCSD for any of the sites listed above. 3. Obtain wet weather and dry weather ground water level information, and soil data in the tributary areas of the above mentioned manholes /monitoring sites from existing sources. 4. Install flow monitors at these ten locations between mid December 2006 and April 2007 for the purpose of collecting dry weather and wet weather flow information. 5. Analyze the flow monitoring data and water use data to quantify base infiltration, inflow, and rainfall related infiltration. Compare results to the earlier information developed by OCSD 6. Review CCTV inspection reports and representative recordings to aid in identifying the sources of inflow and infiltration CITY OF NEWPORT BEACH 3-4 Sewer Master Plan AKM Proposal No. 05 -2676 Scope of Work 7. Recommend refinements to the wet weather peaking criteria if sufficient data is available 8. Recommend follow up detailed 'investigations such as additional wet weather flow monitoring and smoke testing of areas with proven inflow problems 9. Recommend system improvements to reduce inflow and infiltration 10. Incorporate the study into the System Evaluation and Capacity Assurance Plan TASK 4 Criteria We propose to conduct one meeting at the beginning of the project where we will discuss the current criteria of the City, compare it to other neighboring agencies' criteria, and discuss our suggestions. This is a very important step, as it will form the basis of the subsequent analysis. Most important in this discussion will be the selection of peaking criteria particularly for wet weather flows, and depth to diameter ratios with average, peak dry weather, and peak wet weather flows. We will also discuss pump station criteria for capacity, number of pumps, storage, and emergency power. The second criteria meeting is proposed to take place after review of the flow monitoring data and an evaluation of the peak dry weather and peak wet weather relationships. In addition to development of unit flow factors and peaking formula, criteria with respect to velocity, depth to diameter ratios, pipeline sizing, allowances for inflow and infiltration, general useful life spans, and maintenance and operations guidelines will be developed in cooperation with the City. TASK 5 Capacity Assurance Plan We will first run the model with the existing land use and unit flow factors without adjustments for vacancies. We will compare the results to field measured values developed through flow monitoring. We will identify any discrepancies, and make the necessary adjustments so that the model closely represents the existing system. Based upon this information, we will establish the dry weather peaking criteria. It may be necessary to utilize different peaking relationships for individual sewersheds rather than a city -wide relationship. This work will also include flow monitoring downstream of pump stations to determine the attenuation in the downstream system. The calibrated model will be run with average dry weather, peak dry weather, and peak wet weather flows to identify the deficiencies in the system. We will analyze each pump station for average, peak dry weather, and peak wet weather capacity. We will utilize actual pump station records as the starting point in this analysis. We will conduct field testing to ascertain existing pump capacities. We will then request flow monitoring at the sites where the model determines capacity deficiencies. Where there are differences between the model and flow monitoring results, we will make further adjustments to the model. CITY OF NEWPORT BEACH 3 -5 Sewer Master Plan AKM Proposal No. 05.2676 Scope of Work We will then develop a preliminary capital improvement plan to eliminate the verified capacity deficiencies. This plan will be refined following the completion Of the condition assessment and inflow/ infiltration studies. The study, results, and recommendations will be presented in a stand alone report, which will also be a section of the Master Plan Report. TASK 6 Condition Assessments and Sewer System Rehabilitation Plan Phase 1 The condition of the City's system will be assessed over the next three years, concluding in 2008. It will consist of CCTV inspection of the collection system that has not been inspected since 2000, reviewing the inspection reports and recordings, and ranking the system based upon structural and operation /maintenance defects. The work effort included in this proposal is for the first year of condition assessment and preparing the Sewer System Rehabilitation Plan based upon that review. Additional work will need to be performed in the subsequent two years to conduct condition assessment of the newly inspected sewers, reprioritizing the recommended improvements, and finalizing the Sewer System Rehabilitation Plan. The scope of work, which includes condition assessment of the existing twenty pump stations will consist of the following: 1. CCTV inspection of the collection system by the City of Newport Beach and outside CCTV contractors in accordance with National Association of Sewer Service Companies (NASSCO) standards. Our scope of work includes approximately 45,000 feet of CCTV through an outside contractor. 2. Review and evaluation of the database and selecting reaches of sewer that will be further reviewed in detail 3. Review of hard copy reports and recordings selected in subtask 2 in detail and formulating rehabilitation and /or replacement recommendations 4. Site visits to each pump station site and field review of each facility's wet well, dry well, valve vault, mechanical equipment, electrical equipment, power supply, and access for maintenance and emergency response 5. Prepare a prioritized capital improvement program for rehabilitation /replacement of the pump stations and rehabilitation /replacement due to structural condition deficiencies in the collection system. 6. Provide operation and maintenance recommendations for the collection system and the pump stations. 7. Prepare a stand alone report describing the inspections and evaluations, findings, recommendations, and the short term and long term rehabilitation /replacement program. CITY OF NEWPORT BEACH 3 -6 Sewer Master Plan AKM Proposal No. 05 -2676 Scope of Work This program will include projects to complete the steel pipe and failed joint replacement programs that were included in the 1996 Master Plan. TASK 7 Financial Plan This task will consist of review of the existing rate structure and rates for their adequacy to support the operation and maintenance program, the required regulatory compliance activities, and the recommended capital improvement program. The recommended CIP will address the pump station and collection system condition and capacity deficiencies. The current rate structure has a sewer connection fee of $4.50 per month for sewer customers connected to the City's water and sewer systems, and a sewer use fee of $0.30 per hundred cubic feet of water used. Each additional dwelling unit served by the same sewer connection is assessed a supplemental sewer use charge of $2.00 per month. The sewer use fee will increase to $0.35 per hundred cubic feet of water used in fiscal year 2006 -2007. Because increased water use during the warmer months is primarily due to irrigation for most land uses, a more appropriate basis may be to assess the use charge on water use during the low water demand periods. We will review the existing operation and maintenance program, and recommend improvements, if needed. This will include system cleaning, and pump station maintenance. Regulatory compliance will include the following two years' CCTV inspection and condition assessment program, updates to the Sewer System Rehabilitation Plan, establishing a follow up CCTV and condition assessment program following the completion of the entire system in 2005, staff training and certification, Sewer System Management Plan audits and updates, public education and outreach, FOG program implementation and updates, and Emergency Overflow Response Plan updates and training. We will evaluate the staffing needed to accomplish these activities and estimate the revenue requirements. We will develop a final prioritized capital improvement program from the projects identified by the System Evaluation and Capacity Assurance Plan and the Sewer System Rehabilitation Plan. The revenue requirements of the sewer utility and a revenue model will form the basis of a multi- year financial model in spreadsheet format. We will then test either the adequacy of the existing rate structure or utilize a revenue model utilizing a new rate structure as agreed on by the City. We will conduct studies utilizing the model to develop reasonable rates for the customers. This work will be documented in a stand alone report, which can be incorporated into the Master Plan as a separate section. We will make presentations to the City staff and Council. CITY OF NEWPORT BEACH 3 -7 Sewer Master Plan AKM Proposal No. 05.2676 Scope of Work TASK 8 Prepare Final Master Plan Report 8.1 Sewer Master Plan Update Outline We will prepare a comprehensive outline for the Sewer Master Plan Update. At a minimum, the report will include the following sections: • Executive Summary • Introduction • Study Area • Criteria • Existing Sewer System • Inflow and Infiltration Studies • System Evaluation and Capacity Assurance Plan Sewer System Rehabilitation Plan • Capital Improvement Program • Financial Analysis and Recommendations The sub - sections of each of these sections will be further described in the outline. We can include the model preparation and calibration as a separate section, or include it as part of the Existing Sewer System section. We will meet with City Staff to discuss comments on the initial outline and finalize the proposed report outline. We will prepare and submit five (5) copies of a draft report for City review at the 75 percent completion stage. We will meet with the City following the draft submittal to discuss City review comments. We will prepare a final draft Sewer Master Plan update report. We will furnish five (5) copies of the final draft report to the City for review at the 100 percent completion stage. We will meet with the City to discuss comments on the final draft report. Upon receipt of the City's final comments, we will prepare a final report and submit the following to the City: • Fifteen (15) bound copies of report • An electronic copy of the report • The computer model on CD -ROM. We will assist the City's Planning Department in completing CEQA compliance. CITY OF NEWPORT BEACH 3 -8 Sewer Master Plan AKM Proposal No. 05.2676 SECT /ON 5 Project Schedule AKM's proposed project schedule is illustrated on the following page. It has been prepared to properly address the regulatory obligations, and utilize the best possible information. AKM utilizes a project management approach that focuses on completing technically outstanding projects on time, and within budget. We have structured our proposal based upon the assumption that sufficient wet weather flow monitoring data will be available for completing the inflow /infiltration studies and developing wet weather peaking criteria. We will endeavor to develop a Capital Improvement Program in time for use in the City's 2007 -2008 budgeting process. CITY OF NEWPORT BEACH 5 -1 Sewer Master Plan AKM Proposal No. 05.2676 SECT /ON 4 Staff Hour and Fee Estimate The following proposed work hour and fee estimate for the project delineates the levels of anticipated effort by task and phase. This estimate is based upon our present understanding of the project. The City may elect to revise the levels of effort to accommodate adjustments to the project's Scope of Work. AKM welcomes the opportunity to discuss our project approach and respective levels of effort with the City. Estimated Workhours and Fees City of Newport Beach Sewer Master Plan Update May 24, 2006 Task Description Work Hours Cost E Principal Engineer Senior Assoc. Assoc. Engr Eng'g Tech CADD Operator Clerical AKM Labor Sub Consultant Expenses Total 1 Management, Communication, Meetings 40 20 16 16 $11,920 $11,920 2 Complete System ModeOGIS 40 $61,35 $13,26 Geometry 8 80 $14,320 $13,260 $27,580 $45,036 _ $45,036 _$2,000 Trib utary_Areas __ _24 16._..,_ 24 100 _ Subtotal _8_ i6 40 64 180 0 _ 0 $2,000 $74,61 3 Infibrationllnflow Study $7,820 Obtain and Review OCSD RDII Information 4 8 16 40 20 $7,82 Select Basins -Sal Type,GVV Level, Size 4 16 40 $2,92 Flow MonitoringlRain Gaging (10 Sites, 14 wks) T$2f,920 $69,000 _ _ $74,60 $15,08 Water Sales Information Analysis 16 24 700 Dry Weather Flow Analysis 20 40 80 6,200 $16,20 Wet Wealt -How &n 3 20 60 100 _ $20.800 $20,8 Review Selected CCTV Recordings in Ill Areas 8 40 80 $14,160 $14,16 Quantify 181 - -- 24 40 40 - - -- $13,280 $13,28 Prepare Report 40 40 40 24 $16,880 $3,000 $19,88 Subtotal _ _ 136 308 416 40 60 _ 24 $112,740 $69,000 S3,000 1 $1&1,7 4 Define Criteria 12 12 $3720 1 $3,72 5 Ca aci Assuance Plan System Analysis -ADW. PDW. PWW, Pump Stations 80 140 180 $49,400 $49,40 Verification of Results 20 40 80 $16,200 $16,20 _ Capacity Improvement CIP 20 40 $9,000 $9,00 Capacity Assurance Plan 12 20 40 40 $10,200 $2,000 $12,20 Subtotal 132 240 260 0 40 40 $84,800 $0 $2000 $8680 6 Condition Assessment Sewer System Rehabilitation Plan -Phase 1 Review Database 8 20 80 $10,160 1 $10,16 Review CCTV RecoNings_300 Reaches 48 100 400 _ _ $52,160 $50,000 $102,16 Review/Evaluate Pump Stations 120 40 88 $33,920 _ $33,92 Evaluate System 40 80 $18,000 $18,00 Prepare Condition Deficiency Mitigation CIP 40 100 $20,800 $20,80 Sewer System Rehabilitation Plan 24 40 40 24 $14,160 $2,000 $16,16 Subtotal 280 380 88 480 40 24 $149200 $50,000 $2000 $201.20( 7 Financial Plan I- O&M[Regula(cry Comp. Revenue Reqmnts 16 24 $4,880 $4,88 CIP Revenue Requirements 8 8 $2,080 $2,08 Prepare Financial Model 24 60 $9,480 $9,48 Financial Studies 16 60 1 1 32 $9,88 PresentationslRepon _ 20 20 8 _ $5,64 Subtotal 84 0 172 0 0 40 $31 8 Prepare Final Master Plan Report 60 60 40 80 60 +3,740$164,036 56,000 $37,82 Total Hours 160 1,060 1,056 700 220 204 Houdy Rate $Mr $170 $140 $90 $75 $79 $55 Total Cost $ $129,200 1$148.4001$95,0401$52.5001 $17,380 $11,220 $ $15000 $632,77 CITY OF NEWPORT BEACH 4 -1 Sewer Master Plan AKM Proposal No. 05.2676