HomeMy WebLinkAboutC-3020 - Professional Services for Preparation of Master Plan of SewersCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(710) 644 -3005
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TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: December 12, 1994
SUBJECT: Contract No. C -3020
Description of Contract Professional Services for the Preparation
of the Master Plan of
Effective date of Contract December 12
Authorized by Minute Action, approved on October 10, 1994
Contract with Boyle Engineering Corp
Address 1501 Quail Street
Newport Beach CA 92658 -9020
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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TO: Mayor & Members of the City Council
FROM: Utilities Department
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C - 30LO
October 10, 1994
CITY COUNCIL AGENDA
ITEM NO. 9
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR
PREPARATION OF A MASTER PLAN OF SEWERS
BOYLE ENGINEERING CORPORATION
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a
Professional Services Agreement on behalf of the City
to prepare a Master Plan of Sewers.
BACKGROUND:
The City has more than 200 miles of sewer mains, 24 wastewater
pump stations and over 23,000 sewer lateral connections to the system.
Although the City has followed a program of annual replacements to sewer
facilities, the sewer system is aging. The City does not have a current sewer
master plan to prioritize the replacement and improvement projects. In fact,
the City does not have a complete inventory of which facilities need
replacement priority.
The master plan will help identify any existing system deficiencies
as well as plan for future impacts of developments such as the Ford -Loral site,
Newporter North, the Castaways, the Banning Tract developments or the
annexation of Santa Ana Heights.
In 1992, the City Council asked staff to budget for preparation of a
sewer master plan to supplement the City's 10 -year sewer pump station
replacement program with a plan for the other elements to the sewer system.
The City budgeted funds in the 1993 -94 fiscal budget for a sewer master plan.
THE SCOPE OF WORK:
A sewer master plan is a planning document which serves as a
tool to guide the City in it's decision making about land use, impacts from
proposed developments, for implementing a capital replacement and capital
improvement programs related to the sewer system.
The master plan will provide an assessment of capacity of the
existing system to serve the land uses called for in the general plan and
what the system requires in the form of improvements if the City
implements those ultimate land uses.
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Master Plan of Sewers
October 10, 1994
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.
The master plan will be prepared by a professional consulting
engineering firm who 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 systems.
City staff will assist the consultant in measuring existing field
flow conditions. Flow data will be used develop accurate flow -to -land area
coefficients for use in determining the sanitary loading for the computer
model.
The Consultant will also be developing recommendations for a
prioritized capital improvement program. The prioritization will be based
upon a review of system condition and a review of planned development
intensities. Recommended replacement of aging facilities will be included.
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 ".
SELECTION PROCESS:
Staff implemented a "qualifications -based selection" (QBS)
process for the necessary professional design services. The QBS process
was provided for by the Federal Government in 1972 under Public Law No.
92 -582. This law specifically addressed the process of selecting architects
and engineers based on qualifications. This was done recognizing that these
services relate directly to project issues affecting public health and safety,
such as buildings, structures and public infrastructure.
California enacted legislation to conform to the Federal Law.
The current California legislation under SB -419, was enacted in 1989. This
bill amended the Government Code, Section 4526. As a result, California
law provides for a QBS process for any political subdivision or state or local
agency in California. In effect, this precludes "bidding" for professional
engineering services. Instead, it requires that consultants be selected on
criteria relating to competence, experience, ability and qualifications. A key
excerpt from Section 4526 of the State Government Code reads,
"Notwithstanding ......... selection by a State or local agency for professional
services ofprivate architectural, engineering, land surveying, or construction
project management, firms shall be on the basis of demonstrated competence
and on the professional qualifications necessary for the satisfactory
performance of the services required."
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Master Plan of Sewers
October 10, 1994
The City of Newport Beach has a procedure for obtaining
professional services. The Public Works and Utilities Departments use
essentially identical procedures to obtain professional engineering services.
In keeping with this procedure, the City solicited "statements of
qualifications" from a number of professional engineering firms. Based on
these "statements of qualifications" proposals were solicited from six of the
most qualified firms. This was done by written "requests for proposals" or
RFP's. A copy of the project RFP is attached as Exhibit "B ".
The six firms that were invited to propose were selected based
on their previously submitted statements of qualifications and experience.
The firms were: NBS Lowry, Engineers and Planners; Montgomery Watson
Engineers; Kennedy /Jenks Consultants; Boyle Engineering Corporation;
Robert Bein, William Frost & Associates and Daniel Boyle Engineering, Inc..
Three firms submitted responses to the request for proposals; Robert Bein,
William Frost and Associates, Kennedy /Jenks Consultants and Boyle
Engineering Corporation.
The written proposals were reviewed by the Utilities Department
Selection Committee. The committee was comprised of the Deputy Utilities
Director, a principal registered professional engineer from a private Civil
Engineering firm, the Assistant City Engineer for the City of Signal Hill and the
Public Works Department Principal Design Engineer. On the basis of a detailed
ranking of the various firms, the selection committee chose Boyle Engineering
Corporation as the most qualified firm to perform the required professional
services. The numerical ranking of the selection committee and criteria is
attached as Exhibit "C"
A summary discussion of the detailed criteria used to evaluate
the qualifications of the six engineering firms is also provided as an
attachment to this report. Refer to Exhibit "D ". The key areas of review were:
1. Related Project Experience
2. Project Staff Assigned
3. Grasp of the Project Requirements
4. Project Approach
5. Proposed Project Schedule
6. Proposed Labor Breakdown
7. Interview
The most qualified firm for this project was selected based on the
listed criteria and their abilities demonstrated on other similar projects in the
past. The firm of Boyle Engineering Corporation, has a team of exceptionally
qualified, technical professionals who have extensive experience with master
planning projects in Southern California. As a result, the selection committee
and staff believe that the consultant's team will be able to best provide a high
quality, cost - effective, timely, professional Master Plan.
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Master Plan of Sewers
October 10, 1994
OTHER PERTINENT INFORMATION:
If approved, the Master Plan effort can commence almost
immediately. It is expected that the work effort to gather the data, prepare a
working model, draft a master plan report, review and refine it, and then
publish it for approval, will take approximately 6 months.
The proposed contract for preparation of the Master Plan of Sewers
is to be completed for a total not -to- exceed amount of $90,782.
Funds were budgeted for the project and are available for in the
Sewer Enterprise Fund under Capital Projects Account No. 7533- P500255A.
Staff recommends approval of the professional services agreement
to prepare the Master Plan of Sewers.
Respectfully submitted,
JEPF S f F1niEAR j
Jeff Staneart, P.E.
Utilities Director
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Attachments: "K% Professional Services Agreement
"B ": Request for Proposals
"C": Proposal Evaluation Matrix
"D": Proposal Matrix Criteria
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AGREEMENT
FOR PROFESSIONAL SERVICES
FOR THE PREPARATION OF
THE MASTER PLAN OF SEWERS
C - 3vav
44� THIS AGREEMENT is made and entered into this /1-9zt?� day of
x,1994, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Boyle Engineering Corporation, a California
Corporation, hereinafter referred to as "CONSULTANT ".
WITHESSETH:
WHEREAS, "CITY" intends to prepare a Master Plan of Sewers, hereafter
referred to as "PLAN ", which will allow the "CITY" to plan and prioritize future capital
improvements to the City's sewer system and evaluate system impacts from proposed
developments, and;
WHEREAS, "CITY" will use the "PLAN" to evaluate existing facilities, including
the City's 24 pump stations, and will identify sewer system deficiencies under an
ultimate development scenario, and;
WHEREAS, preparation of said "PLAN" requires the services of a qualified
engineering design consultant, and;
WHEREAS, "CITY" has solicited and received a proposal from the
"CONSULTANT" for preparation of the "PLAN" and to provide certain other related
essential professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and has evaluated the
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
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I. GENERAL
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A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions in this Agreement.
C. "CONSULTANT" agrees that all services shall be performed under his direct
supervision, and all personnel engaged in the work shall be fully qualified and
shall be authorized or permitted under State and local law to perform such
services. "CONSULTANT" shall not sublet, transfer or assign any work except
as otherwise provided for herein or as authorized in advance by the "CITY ".
II. SERVICES TO BE PERFORMED BY CONSULTANT
A. "CONSULTANT" shall provide the necessary services to complete the
defined tasks associated with the design of the "PLAN ". Those services
include the following:
1. Coordination and Meetings with "CITY" staff.
a. "CONSULTANT" shall keep "CITY's" Project Manager apprised of
the progress being made on the "CONSULTANT's" activities and
progress. Such apprisal shall be made via telephone, in writing as
appropriate and via the meetings mentioned herein below.
b. "CONSULTANT" shall meet with the "CITY" staff for an orientation
meeting and a minimum of one meeting a month to discuss progress
of the "PLAN ". In addition, meetings with the "CITY" staff, "CITY"
Council and other meetings as necessary for coordination of the
"PLAN ". Other meetings may be held on an as- needed basis.
B. "CONSULTANT" shall prepare the "PLAN" which will allow the "CITY" to
plan and prioritize future capital improvements and evaluate impacts to the
sewer system from proposed developments. The "PLAN" will evaluate the
existing sewer system and sewer facilities, including the current 24 pump
stations, and will identify deficiencies under an ultimate development
scenario. Those tasks include the following:
Task No. 1: Research, Review and Investigation
a. Review and research existing data.
Collect data necessary to model the trunk sewer system and develop
a data base, including pipe size, slope, age, plan number, material,
date of construction, length, and invert depths as available.
Review previous reports, lift station flow and energy consumption
records (as indicators of flow rates), and flow monitoring records.
Obtain hard copy and digital copy of land use map from "CITY" as
well as appropriate sections of the General Plan document.
Obtain latest digital GIS information for use in computer model.
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b. Review GIS system and computer capabilities
Review "CITY's" GIS system and computer capabilities for use in
facilitating master plan data and mapping compatibility with future
use and long range goals by "CITY" engineering and GIS staff.
c. Identify flow monitoring locations
Identify 15 sites for flow monitoring. Flow monitoring will be
used to confirm deficiencies, establish a benchmark for
prioritizing improvements, and confirm peaking factors and
major point source flows.
d. Field verify flow conditions
Visit manhole sites to confirm flow levels and /or diversions.
Assistance from "CITY" staff for access, traffic control and safety will
be provided.
e. Research pump station plans
Research pump station plans for use in developing a system head
curve; comparison of the system head curve to pump capacity
curves; and to check force main velocities, wet well volumes and
pump cycle times. The "CITY" will provide pump characteristic
curves for all pump stations.
f. Interview "CITY" staff
Conduct on -site interviews of "CITY" staff to determine known
physical deficiencies, to identify special sewage sources, to obtain
replacement program directives and operation and maintenance
costs, and to determine non - capacity related goals to be
incorporated into the "PLAN" recommendations.
Task No. 2: Criteria and Product Determination
a. Develop model criteria and standards
Develop recommendations for sewage generation coefficients for
land use areas and point sources. Establish sewer capacity
definition for analysis and replacement parameters. Establish
peaking factors. Establish manhole numbering system. Establish
criteria for selection of replacement or parallel systems. Establish
assumptions for seawater infiltration in the Balboa peninsula and
Balboa Island and Lido Isle areas.
b. Coordinate with "CITY" staff
Meet, coordinate with, and document directives for items in Task
2.a. above.
c. Determine software and hardware needs.
Establish hardware platform for "CITY" staff use in operating selected
software, as well as data format based upon Task Lb. above.
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Task No. 3: Model Existing System
a. Model existing sewer system, service areas, and ultimate land use.
Set up physical model geometry and database from research
conducted in Task La. Portions of the CSDOC system may be
modeled as a dummy system in order to hydraulically link an area
of the collection system such as the Balboa Peninsula area.
b. Develop service and tributary area boundaries
Develop and digitize major service area and manhole tributary
areas. Digitize vacant land areas based upon available aerial
mapping from the "CITY ". Convert GIS land use map into a format
that is compatible with the model software, as required.
c. Prepare ultimate model loading
Prepare ultimate model loading for land use areas using computer
polygon processing technique. Identify point source developments
such as hospitals, schools, hotels, large apartment buildings or
complexes, etc., which do not conform to simple land use flow
generation. Digitize for mapping of these sites. Provide point
source and manhole loading summary tables by service area.
Portions of the sewer systems of the Balboa peninsula and Balboa
Island and Lido Isle may be subject to seawater infiltration. Those
portions that are below sea level will be identified and an
appropriate allowance as a point source will be included in the
model's flow calculation.
Task No. 4: Analysis
a. Analyze gravity system
Run models for the ultimate flow scenario for each major service
area. Determine average and peak flow rates, D/d ratio, capacities,
deficiencies, and replacement and parallel piping requirements.
Provide hydraulic analysis summary sorted by manhole number
within each service area.
b. Analyze pumping system
Based upon peak flow rates determined in Task 4.a. above, evaluate
the capacity capability of each of the 24 sewage pump stations.
Develop system head curves for each and compare to pump
manufacturer curves and "CITY" flow tests (if available). Examine
force main velocities, wet well volumes for emergency storage, and
pump cycle times.
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c. Identify and prioritize improvements
Develop recommendations for capacity upgrade projects for the
gravity and pumped systems. Recommended improvements
shall consist of items such as the following:
(1.) Replacement of or parallel gravity sewer reaches.
(2.) Pump station and force main improvements.
Prioritize upgrades based upon a synthesis of:
(1.) Estimated current peak flow rates.
(2.) Magnitude of current deficiency.
(3.) Magnitude of ultimate deficiency.
(4.) Schedules for development as estimated by "CITY ".
d. Integrate replacement program elements
Based upon the staff interviews and replacement program
criteria provided by the "CITY ", integrate replacement program
elements into the recommended improvement program.
Task No. 5: Cost Estimating
a. Develop recommended improvement costs
Develop cost estimates for construction and engineering
administration for the various recommended improvement projects.
Summarize costs by priority in 1995 (current) dollars. Establish
current ENR construction cost index for time of estimate.
b. Estimate operation and maintenance costs
Based upon historical data provided by the "CITY ", summarize and
estimate average annual sewer operations and maintenance costs.
Identify any planned increases or decreases in these costs based
on the recommended improvement plan.
Task No. 6: Draft Report, Maps, User's Manuals
a. Prepare and submit two copies of draft report (See "Deliverables"
section or this Agreement)
Prepare in draft text or outline form the study report documenting
the approach, procedures, results, and recommendations. All plates
shall be in black and white format for this submittal.
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b. Prepare draft "Recommended Improvement" 800 -scale map.
Prepare two copies in black and white format. Map shall show the
following:
(1.) Street rights of way and names.
(2.) Existing and proposed backbone facilities modeled with
manhole numbers and pump station location /names.
(3.) Service area and manhole tributary area boundaries.
c. Users' manuals
Users' manuals for BSWAN and SEWPLAN will be provided in
draft form.
d. "CITY' review
"CITY" will review and comment within a three -week period for
comments to be incorporated into the final report and for directives
regarding color plates and printing.
Task No. 7: Final documents
a. Prepare and submit final report
Revise text and plates based upon "CITY" comments. Prepare for
printing and print final reports. Include a 1600 -scale color version of
the 800 -scale wall map. Include copies of the current "CITY" land use.
b. Prepare and submit 800 -scale wall map
Prepare a "PLAN" wall map on mylar containing street rights -of-
way and names as well as existing and proposed facilities for mass
duplication by the "CITY ". Prepare a single copy of a color version
of this map also showing service and tributary area boundaries and
project prioritization.
c. Users' manuals
Provide three copies each of the SEWPLAN and BSWAN manuals.
One copy each of any vendor - supplied software manuals will also
be provided.
Task No. 8: Project Management
a. Coordination and administration
"CONSULTANT's" Project Manager will be responsible for the general
coordination and administration of the project with the "CITY ".
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b. Monthly reports
Monthly progress reports which will accompany monthly billing
will indicate progress by general task for the "PLAN ".
A one- to two -page maximum format is suggested.
Task No. 9: Software & "CITY" staff training
a. BSWAN training
"CONSULTANT" will prepare for and provide software and training
for the BFMS SEWPLAN application and BSWAN sewer analysis
hydraulic model.
This software will operate on the "CITY's" DOS -based personal
computers.
"CONSULTANT" will provide, in digital format, all AutoCAD-
generated mapping layers produced in preparation of the "PLAN"
BFMS and BSWAN users' manuals will be provided along with
software disks.
"CONSULTANT" shall install the system on "CITY" computer.
"CONSULTANT" shall provide at least eight hours of training by an
associate -level (or higher level) engineer on the use and
interpretation of BSWAN input and output. Training will be
provided for at least two "CITY" staff members. Training will be
provided in two -4 hour segments.
b. SEWPLAN training
"CONSULTANT" shall provide at least eight hours of training for
two "CITY" staff members on the various elements of the SEWPLAN
application for manipulating data, running models, and creating
reports. Training is to be provided in two -4 hour segments.
Task No. 10: Meetings
a. Progress meetings
"CONSULTANT" shall attend at least five progress meetings
with "CITY ".
b. "CITY" Council and community meetings
"CONSULTANT" shall attend and support "CITY" staff at one
"CITY" Council meeting.
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C. "CONSULTANT" shall provide the deliverable items and materials. Those
"deliverables" include the following:
1. Computer Files and Maps.
2. Master Plan Reports
Main Report - 2 draft, 20 final Copies
Service Area Report - 1 Copy
User Manual - 2 draft, 3 final copies
3. Hard Copy Mapping Book
800 Scale "Recommended Improvements" Mylar -1 copy
1600 Scale color "Recommended Improvement" Map - 20 copies
4. Software
BSWAN
SEWPLAN
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of his responsibilities
under this Agreement, "CITY" agrees to provide the following:
A. The "CITY" will provide copies of all available record information on file at
the "CITY ". Any necessary surveys to determine invert elevations, beyond
those specified, will be performed by the "CITY ", or by the "CONSULTANT"
for an additional fee.
B. Provide blueprinting, CADD plotting, Xeroxing and other services through
the "CITY'S" reproduction company for each of the required submittals. The
consultant will be required to coordinate the required submittals with the
"CITY'S" reproduction company. All other reproduction will be the
responsibility of the consultant and as defined above.
C. The "CITY" staff will provide usable life of facilities criteria and provide
information with regards to deficient facilities.
D. "CITY" will prepare and provide to "CONSULTANT" street base digital
file in AutoCAD (DXF)- compatible format.
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IV. OWNERSHIP OF DOCUMENTS
Original documents and drawings and other deliverables to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this study, or any use of incomplete
documents, shall be at "CITY's" sole risk, and "CITY" shall indemnify
"CONSULTANT" for any damages incurred as a result of such use. No report,
drawing, map, document or other data given to or prepared or assembled by
"CONSULTANT" pursuant to this Agreement shall be made available to any
individual or organization by "CONSULTANT" without prior written approval
by "CITY ", unless required by subpoena.
"CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by case
basis. Blanket publishing approval shall not be granted.
V. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any
time by giving "CONSULTANT" five (5) business days prior written notice.
Notice shall be deemed served when delivered personally or upon deposit in
the United States mail, postage prepaid, addressed to the "CONSULTANT's"
business office at 1501 Quail Street, Newport Beach, California 92658 -9020.
B. "CONSULTANT" may terminate this Agreement after ten (10) days written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if, the "CITY"
has not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated
for any other reason, "CITY" agrees to compensate "CONSULTANT" for the
actual services performed up to the effective date of the "Notice of
Termination ", on the basis of the fee schedule contained herein.
VI. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be assigned,
transferred, contracted or subcontracted without prior written approval
of "CITY ".
B. Neither "CONSULTANT" nor "CITY" shall assign or transfer any interest in
this Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY" under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee
in bankruptcy, without such approval. Notice of any such assignment or
transfer shall be promptly furnished to "CITY ".
VII. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, "CITY" hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the "PAYMENT &
FEE SCHEDULE ". In no event shall compensation be greater than the amount
of Ninety Thousand Seven Hundred and Eighty-two dollars ($90,782.00),
inclusive of the subcontract services and mark -up defined herein, except as
otherwise provided for herein below.
B. PAYMENT AND FEE SCHEDULE
personnel
hourly rates
Principal Engineer .............................................
............................... $135.00
SeniorEngineer ..................................................
............................... 106.00
AssociateEngineer ............................................
............................... 80.00
AssistantEngineer ............................................
............................... 66.00
Technician..........................................................
............................... 73.00
WordProcessor .................................................
............................... 52.00
C. The contract amount shall be paid to "CONSULTANT" in monthly partial
payments based on the amount of hours worked and expenses incurred
during each monthly pay period based on the actual hours of labor
expended as determined by the Project Manager for "CITY ".
D. In addition to the fixed, not -to- exceed fee, "CITY" agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses
including those for: reproduction for copies of plans, reports and related
documents, material costs authorized in advance by the Project Manager
for "CITY ", and other reasonable expenses, where such costs have been
advanced by "CONSULTANT" and approved in advance by "CITY ".
1. "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of his
duties and tasks on a monthly basis. "CITY" agrees to pay
"CONSULTANT" within thirty (30) calendar days of the receipt of said
records and hourly summary.
2. "CONSULTANT" shall not be compensated for use of "CONSULTANT'S"
equipment, hardware, software materials or reproduction. Said costs are
non- compensable. Time expended by " CONSULTANT's" personnel on
such equipment shall be paid on the basis of the "FEE SCHEDULE"
herein above.
VIII. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized by "CITY" in
writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based
upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an
increase in the total compensation exceeding Nine Thousand Dollars ($9,000.00)
shall require that an amended Agreement for such additional services be executed
by the "CONSULTANT" and "CITY ".
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IX. RECORDS
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"CONSULTANT" shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by "CITY" that relate
to the performance of the services specified under this Agreement. All such records
shall be maintained in accord with generally accepted accounting principles and
shall be clearly identified and readily accessible. "CONSULTANT" shall provide
free access to the representatives of "CITY" or its designees at all proper times upon
reasonable notice to "CONSULTANT" to such books and records, and gives "CITY"
the right to examine and audit same, and to make transcripts therefrom as deemed
necessary at "CITY's" cost, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement.
X. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
policies. "CONSULTANT" shall use the "CITY's" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT'S" indemnification, and also contain substantially the
following statement: "The insurance covered by this certificate may not be
canceled or non - renewed, except after thirty (30) days' written notice has been
received by "CITY ". Coverage may not be reduced or otherwise materially
altered without the same advance notice to "CITY" of such alteration.
B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement, policies of insurance required by this Agreement; and said
policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "A" (or higher) and Financial Size Category "VIII" (or
larger) in accord with an industry -wide standard and shall be licensed to do
business in the State of California. However, the minimum rating for the
" CONSULTANT's" Errors & Omissions carrier shall be "B + ", "XV" or better.
1. An appropriate industry -wide insurance rating standard shall be
deemed "Best's Key Rating Guide ", latest edition.
C. "CONSULTANT" shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category Amount
Bodily Injury $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Property Damage $ 1,000,000 each occurrence
$ 1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000.00).
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D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has
agreed to provide general liability insurance, "CONSULTANT" shall look
solely to its insurance for recovery. "CONSULTANT" hereby grants to
"CITY ", on behalf of any general liability insurer providing insurance to
either "CONSULTANT" or "CITY" with respect to the services of
"CONSULTANT ", a waiver of any right of subrogation which any such
insurer of said "CONSULTANT" may acquire against "CITY" by virtue of
the payment of any loss under such insurance.
E. Additional Insured
"CITY ", its "CITY' Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. The naming of an additional insured shall not affect any recovery
to which such additional insured would be entitled under this policy if not
named as such additional insured; and an additional insured named herein
shall not be liable for any premium or expense of any nature on this policy or
any extension thereof. Any other insurance held by an additional insured
shall not be required to contribute anything toward any loss or expense
covered by the insurance provided by this policy. Proceeds from any such
policy or policies shall be payable to "CITY' primarily, and to
"CONSULTANT" secondarily, if necessary.
XI. WAIVER
A waiver by "CITY' or "CONSULTANT" 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 different character.
XII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of an alleged breach of any provisions of this Agreement, the prevailing
party shall be entitled to receive from the losing party all costs and expenses in
such amount as the court may adjudge to be reasonable cost of litigation.
XIII. 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 hereof. Any
modification of this Agreement will be effective only by written execution signed
by both "CITY' and "CONSULTANT ".
XIV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its "CITY" Council,
boards and commissions, officers, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT's" negligent acts,
errors or omissions, in the performance of services hereunder.
12
i •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
first date above written:
APPROVED AS TO FORM:
City Attorney
"CITY"
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Post Office BOX 1768
Newport Beach, California 92658 -8915
(714)644 -3011 (714)646 -5204 FAX
13
City of Newport Beach,
a municipal corporation
Clarence Tu. er, Mayor
Boyle Engineering Corporation
a California Corporation
BRUCE D. MATTERN, PE, TE
MANAGING ENGINEER
xwt5e��
Mark O. Briggs, Assistant ce Manager
"CONSULTANT"
Boyle Engineering Corporation
1501 Quail Street
Newport Beach, California 92658 -9020
(714)476 -3300 (714)21 -7142 FAX
REQUEST FOR PROPOSAL
FOR PREPARATION OF
A MASTER PLAN OF SEWERS
FOR THE CITY OF NEWPORT BEACH
September, 1994
A- TALHMENT e"
i 0
INDEX
SECTION
PAGE
I.
Objectives .......................................................................
..............................1
II.
Available Information .................................................
..............................1
III.
Consultant's Representative ........................................
..............................1
IV.
City's Representative ....................................................
..............................1
V.
Expenses .........................................................................
..............................1
VI.
Schedule of Work ..........................................................
..............................2
VII.
Insurance Requirements ...............................................
..............................2
VIII.
Proposal Requirements ................................................
..............................2
IX.
Interviews .......................................................................
..............................3
X.
Scope of Work and Fee .................................................
..............................3
XI.
Evaluation Criteria ........................................................
..............................4
Scopeof Work .................. ...............................
........................EXHIBIT "A"
RFP's mailed ..............
Proposals submitted
Preliminary selection
Interviews ..................
Selection .....................
Award of Contract ...
PROPOSAL SCHEDULE
...............September 2,1994
.............September 21, 1994
.............September 23,1994
.............September 29, 1994
.............September 30, 1994
..................October 10, 1994
i •
I. OBJECTIVES
The City of Newport Beach intends to produce a Master Plan of Sewers which will allow
the City to plan and prioritize future capital improvements, evaluate proposed
developments, and as a basis for revising development and user fees. The Master Plan
will evaluate existing facilities, including 24 pump stations, and will identify deficiencies
under an ultimate development scenario.
The Master Plan modeling software shall be unix based, motif compliant, capable of
running under HP -UX 9.X. Hardware platform shall be HP 9000/700 Series. An alternate
option shall be a DOS based system capable of running under Microsoft Windows on an
IBM compatible Pentium personal computer. Software shall have complete import and
export functionality compatible with City G. I. S. and CADD Systems.
This request for proposal (RFP) defines general proposal requirements. The scope of
work is further detailed in Exhibit "A ", attached hereto.
II. AVAILABLE INFORMATION
The City will provide copies of all available record information on file at the City. Any
necessary surveys to determine invert elevations, beyond those specified in the Scope of
Work, will be performed by the City, or by the Consultant for an additional fee.
III. CONSULTANT's REPRESENTATIVE
The consultant will assign a responsible representative and an alternate, who both shall
be identified in the proposal. The consultant's representative will remain in responsible
charge of the consultant's duties from contract negotiations through project completion.
If the consultant's primary representative should be unable to continue with the project,
then the consultant's alternate representative will become the primary representative.
Any other changes in responsible representative must be approved by the City. The
City will have the right to reject other proposed changes in personnel, and may consider
any other changes in responsible personnel as a breach of the contract.
IV. CITY's REPRESENTATIVE
The City has assigned the Deputy Utilities Director as the Project Manager for the Sewer
Master Plan. He will be responsible for all coordination between the consultant and the
City and will be the main source of information regarding the City's wastewater system.
Any and all correspondence or communications with the City should be directed
through the Deputy Director
RFP -1
V. EXPENSES
The only authorized expenses are those listed below. The City will pay cost plus 10% for
authorized expenses. The consultant's expenses for travel, in -house reproduction, other
reproduction used in the design process, or any other expenses not listed below will be
considered as non - reimbursable, overhead expenses.
A. Submittal and final printing
B. Special exhibits (upon request of City)
VI. SCHEDULE OF WORK
The firm proposing should include a schedule of work showing completion of the
Master Plan by March 1, 1995. Community meetings and City Council action should not
be included in the schedule. City review should include three reviews each of three
week duration. The final schedule item should be "Final Revisions ". If it is determined
later that a community meeting is necessary, then the schedule will be modified accord-
ingly. The consultant will not be held responsible for delays on the part of the City.
VII. INSURANCE REQUIREMENTS
The consultant shall maintain the following minimum insurance coverages for the entire
duration of the project:
A. General Liability Coverage - $1,000,000 CSL (Combined Single Limits) per
occurrence (note: If provided coverage is under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than
$1,000,000).
B. Professional Liability Coverage - $1,000,000 per occurrence (Note: A "claims
made" policy is acceptable).
C. Worker's Compensation Coverage - $1,000,000 bodily injury by accident, each
accident; $1,000,000 bodily injury by disease, each employee; $500,000 bodily
injury by disease, policy limit.
VIII. PROPOSAL REQUIREMENTS
Proposals must be delivered to the City of Newport Beach, Utility Department no later
than 4:00 p.m. on September 21, 1994. Five copies of the Proposal should be submitted
in a sealed envelope.
Proposals should contain no more than 25 typed pages, including resumes, but excluding
tables, charts and graphic exhibits. The purpose of these restrictions is to minimize costs of
proposal preparation and help ensure that proposal material is relevant to this project.
Proposals exceeding the specified limitations will not be evaluated.
RFP -2
0 0
The fee and hours portion of the proposals should be 5 or fewer pages which clearly
indicate the breakdown of labor and costs for the proposed fees. The proposal should
include a detailed itemization of costs and labor hours by task and billing classification.
A matrix format should be used.
The following features shall be included or incorporated in the proposal:
A. Page numbering
B. Index
C. Team organization chart with names
D. Graphic schedule
E. Approach to project
F. Method of analysis
G. Descriptions of past similar projects performed by key personnel
H. Brief resumes of key staff
I. Description of product
Proposed completion schedule
K. Proposed labor breakdown by project task
L. Proposed fee schedule by labor class
M. Proposed fee by task and total
IX. INTERVIEWS
A small number of firms will be selected for interview. All proposers will be notified of
the selections on September 23, 1994.
The interview will allow firms to demonstrate their ability to produce the required
product. Any form of presentation may be used, however the most effective
presentation will demonstrate experience and ability of key personnel and samples of
the proposed product.
Interviews will be limited to one hour. The interview will begin with the proposer's
presentation, and will be followed by questions from City Staff.
RFP -3
X.
XI.
SCOPE OF WORK AND FEE
Refer to the attached Scope of Work (Exhibit "A ") for a detailed description of the scope
of professional services required. The items of work will be performed on either a fixed
fee basis or an hourly, not to exceed basis, as indicated. Costs of items not specifically
listed, but which must be accomplished to complete the work described in the Scope of
Work should be included with other items of work.
Task 1: Research, Review and Investigation (fixed fee).
Task 2: Criteria and Product Determination (fixed fee).
Task 3: Model Existing System, Service Areas, and Ultimate Land Uses (fixed fee).
Task 4: Analysis (fixed fee).
Task 5: Cost Estimates (fixed fee).
Task 7: Draft Report, Plans and User's Manual (fixed fee).
Task 8: Final Report, Plans and User's Manual (fixed fee).
Task 9: Project Management (fixed fee).
Task 10: Train City Staff (fixed fee).
Task 11: Meetings (hourly NTE).
EVALUATION CRITERIA
The City practices a modified qualifications based evaluation system for the selection of
firms to provide professional services. Evaluations of proposals will be based on the
quality of the proposal, proposed project team, content of the proposal, project
approach, software, compatibility with the City's GIS and the proposed hourly rates and
fees. Only firms thought to be qualified have been asked to submit proposals.
RFP4
0 i
Exhibit "A"
SCOPE OF WORK
FOR PREPARATION OF
A MASTER PLAN OF SEWERS
FOR THE CITY OF NEWPORT BEACH
Purpose:
The purpose of this project is to prepare a master plan of sewers for the City of Newport Beach.
The master plan will determine the ultimate capacity and sizes of the City's sewer system,
including 24 pump stations. The master plan will be based on the City's current land use plan.
The Master Plan should be a fully computerized model compatible with the City's G. I. S. or dos
base systems. The master plan will be used by City staff to plan capital improvements, develop
fees and determine impacts of future land use changes.
Specific requirements of the master plan and computer model are described in more detail
under the appropriate task headings below.
Area of Study:
The area to be covered in the master plan includes all incorporated portions of Newport Beach
and the un- incorporated areas of Santa Ana Heights and the Banning Tract, west of the City.
The Newport Coast is not a part of this study.
SOW -1
Scope of Work:
Task No. 1: Research, Review and Investigation
46
a. Review existing data included in record construction drawings, previous studies,
lift station records, flow measurements, and existing land use maps and City
General Plan.
b. Review the City's GIS system and computer capabilities for existing data to
determine flow development criteria and also land use for the master plan and
computer model.
C. Identify locations where flow rates should be measured by City forces.
d. Perform visual inspection of manholes, as required, to verify unknown flow
conditions (assume 40 locations). Included should be the necessary survey to
identify invert elevations.
e. Perform visual inspection or a review of pump station improvement plans of all
lift and pump stations to determine wet well emergency storage capacity.
Task No. 2: Criteria and Product Determination
a. Develop criteria and specifications for estimating flows, hydraulic modeling,
final report format, cost estimate basis, and computer model requirements.
b. Coordinate with City staff during development of criteria and specifications
(assume 40 hours of meeting time).
C. Determine computer software and hardware needs for accessing, maintaining
and updating the master plan.
Task No. 3: Model Existing System, Service Areas, and Ultimate Land Uses
The computer model should be user friendly and should allow for evaluation of master
plan facilities under various land use scenarios, i.e., "what if analysis ". City staff should
be able to alter land uses, drainage boundaries, and line sizes to evaluate proposed
developments. Cost estimates and cost spreading need not be linked to the sewer
system model, although this might be a desirable alternate feature.
a. Prepare a computer model of existing facilities as determined from Task No. 1
above.
b. Develop boundaries for service areas, or tributary areas, based on information
from Task No. 1 above. Vacant lands shall be identified based on available aerial
photography - (City last flown in May 1989) and shall be included in existing
land use plan. The existing land use plan shall be used for assistance in
prioritization discussed in Task No. 4 below.
C. Prepare an ultimate computer model scenario utilizing ultimate land use based
on the City's General Plan which is compiled in the City's GIS System.
SOW-2
Task No. 4: Analysis
a. Analyze existing gravity systems and determine size deficiencies based on
ultimate development.
b. Analyze existing pumping facilities and determine size deficiencies based on
ultimate development.
C. Establish prioritized list of capital improvements to eliminate deficiencies. Priority
will be based on existing system deficiencies and magnitude of ultimate deficiency.
Scheduling will be determined by the City and is not part of the scope of work.
d. Establish prioritized list of capital improvements to replace known deteriorated
facilities, and ultimately all facilities using City defined usable life for facilities.
Task No. 5: Cost Estimating
a. Prepare estimated costs for both deficiency mitigation and facilities replacement,
including design and construction.
b. Prepare estimated costs for on -going sewer maintenance activities. City staff will
provide records of costs for past years.
Task No. 6: Draft Report, Plans and User's Manual
a. Prepare and submit two bound copies of a draft report. The draft report should
contain all the elements of the final report, although presentation need not be
polished. Text may be outline form. The purpose of the draft is to allow City
staff to review format and methodology.
b. Prepare and submit two copies of master plan -maps. The overall system maps
should be at a scale of one inch equals 800 feet and should show the following;
(1) Street right of way lines and street names.
(2) Existing and proposed facilities, including CSDOC's, with line sizes, materials
(where known), slope, and manhole depths. Pertinent data may be presented
in tables with references to sewer manhole numbers on the map.
C. Prepare and submit two copies of the computer user's manual.
Task No. 7: Final Report, Plans and User's Manual
a. Prepare and submit twenty bound copies of the final report.
b. Prepare and submit original mylars of master plan maps.
C. Prepare and submit three bound copies of the computer user's manual.
SOW -3
0 0
Task No. 8: Project Management
a. Provide project management, including coordination with City staff, monthly
status reports, and contract administration.
Task No. 9: Train City Staff:
a. Provide training for two City staff members on use of software for operation and
maintenance of the sewer system model.
Task No. 10: Meetings
a. Attend five progress meetings with City staff.
b. Attend one City Council meeting.
C. Attend one community meeting.
SOW -4
MASTER PLAN OF SEWERS
SELECTION MATRIX
BOYLE RBF KENNEDY /JENKS
PROPOSAL CONTENT
Related Project Experience
5
4
5
Project Staff Assigned
4
3
4
Grasp of the Project Requirements
5
3
4
Project Approach
5
3
4
Proposed Project Schedule
4
4
4
Proposed Labor Breakdown
4
3
5
Interview
4
3
5
Fee
$90,782
$96,000
$89,898
Average Labor Cost
$84.06/HR
$80.00 /HR
$88.14 /HR
Total Weighted Score
4.95
3.65
4.85
Rankings:
1- Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
Weights
25.00%
25.00%
10.00%
10.00%
10.00%
10.00%
10.00%
G
AT-rAc-�l mEpi-T
The Preparation of
THE MASTER PLAN OF SEWERS
Evaluation Criteria
Selection Matrix Discussion
Summary:
r
Proposals were received from three (3) out of six (6) firms that were requested to
submit proposals for the subject project. The six firms were selected based on
previously submitted "Statements of Qualifications ". The three (3) firms which
submitted proposals are listed below:
1. Boyle Engineering Corporation (BEC)
2. Kennedy /Jenks Consultants (KJC)
3. Robert Bein, William Frost & Associates (RBF)
The proposals were reviewed by the selection committee and were ranked based on
the content of their proposals with respect to the following items: prior experience
performing similar services; the project team experience and the completeness of the
discussion relating to their approach to the preparation of the Master Plan.
After careful review by the selection committee and individual interviews of project
staff, the selection committee recommended that BEC be awarded the project. This
recommendation is based on the quality of BEC's proposal with respect to their
proposed scope of work for completion of the Master Plan and most importantly the
qualifications of the firm's project team.
A selection matrix is attached. The following paragraphs describe the rationale behind
each ranking, by category.
ATTAc- "Ma,JT D
Page 2
Master Plan of sewers
Consultant Matrix Criteria
Project Experience
The firms that proposed were ranked on recent project experience relative to Master
Plan preparation experience. Local experience with similar projects was a large
element in determining the ability of the consultant. More weight was given to firms
that had Orange County Master Plan experience. Familiarity with County Sanitation
District Facilities, pump stations, pump station operations and maintenance, and in-
house computer modeling experience was highly important.
Of the three proposing firms, Kennedy Jenks and Boyle Engineering appeared to have the
most experience in preparing Master Plans using GIS based computer software. BEC also
had significant in -house computer experience and was the consulting engineer for the
CSDOC 1989 Master Plan. BEC's proposed project team for the City's Master Plan is the
same project team which completed Master Plan for CSDOC.
Project Team
The project staff and their respective abilities and experiences are a key requisite for this
project. The work experience of the individual professional staff members is vital to the
success and efficiency of the effort to provide a finished Master Plan product.
KJC, RBF and BEC all had strong personnel as team members assigned to the project. KJC
provided an above - average team. However, BEC had the strongest project team proposed.
Their designated team members were all long -term employees with a total of almost 50 years
of related project experience.
Project Approach
It is imperative that the full scope and extent of the work is clearly identified and
understood by the consultant and that it be clearly presented in their written proposals.
During the proposal process, all three firms sought additional information from the
City. Each firm brought members of their proposed project teams to meet with
members of the selection committee.
These three consulting firms demonstrated they had a good understanding of the
necessary coordination efforts required to complete the project satisfactorily. The
coordination effort will be a major part of this project. This factor is important to the
consultant's ability to effectively complete the Project.
i
Project Schedule
Page 3
Master Plan of Sewers
Consultant Matrix Criteria
The project schedule is important to City staff to insure that Master Plan is complete
prior to the preparation of the 1995/1996 budget. The master plan will identify critical
improvement projects and rank them in order of priority of replacement.
Because the schedule for budgeting preparation has been expanded in the past few
years, completion by March 1, 1995 will be critical to allow inclusion of the
recommended master plan improvements in the 1995/1996 budget.
Labor Costs
Fees as well as average labor costs are an important indicator in the evaluation of the
consultants' fees to assure that appropriate time is committed to complete the designated
tasks within a "not -to- exceed" price contract.
An analysis of the total hours allotted for each project task was performed. This was
done to get an idea of the completeness and the level of effort each consultant proposed
to place on the various project task components. The review looked at both the number
of hours, the assigned personnel and the hourly rates for the various proposed team
members. The indicator used in the evaluation matrix looked at the average weighted
hourly labor cost.
In this analysis, each of the three firms were comparable in terms of the average labor costs.
Interview
Each of the three firms who submitted proposal were formally interviewed. Interviews
were done to allow the consultants an opportunity to review their proposal content,
approach, project staff as well as demonstrate the firms computer modeling capabilities. A
project deliverable will be the completed computer model and the corresponding GIS
informational data created during the preparation of the master plan.
RBF did not demonstrate a true GIS compatible software capability. BEC and KJC both
demonstrated a GIS based computer modeling software. BEC had developed their
software in -house at the Newport Beach based corporate office. KJC demonstrated "off the
shelf' software as a modeling tool.
The Selection committee had great difficulty deciding between the two software programs.
However, after close consideration, BEC's software was decided to be a more capable
master planning product.
AMENDMENT
FOR PROFESSIONAL SERVICES
FOR PREPARATION OF THE
WATER MASTER PLAN & WATER/SEWER FINANCIAL PLAN
(Convert Model to H2ONet)
THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, entered into this _
Z�—? day of September, 1999, by and between the City of Newport Beach, a
Municipal Corporation (hereinafter referred to as "CITY "), and Boyle Engineering
Corporation whose address is 1501 Quail Street, Newport Beach, California 92658-
9020 (hereinafter referred to as "CONSULTANT'), is made with reference to, the
following:
RECITALS
A. On November 12 1996, a Consultant Agreement was entered into by and
between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ".
B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as
provided herein.
C. CITY desires to engage CONSULTANT to convert the existing "Watplan" model
to H2ONet. The existing program "Watplan" is obsolete and does not provide
technical support.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
• Consultant Amendment No. 1
Water Master Plan & Water /Sewer Financial Plan
1. TERM
The term of this Agreement shall be extended to allow for the additional work as
described in Exhibit A. All work described by the Agreement and Amendment No.
1 shall be completed by December 30, 1999.
2. ADDITIONAL SERVICES TO BE PERFORMED
Consultant shall perform the additional tasks set forth in Exhibit "A ", attached
hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for additional services performed, as described
in Exhibit A, at a maximum fee not to exceed seventeen thousand seven hundred
dollars ($17,700.00).
4. Except as expressly modified herein, all other provisions, terms, and covenants set
forth in AGREEMENT shall remain the same and shall be in full force and effect.
2
•Consultant Amendment No. 1
Water Master Plan & Water /Sewer Financial Plan
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the first date above written:
APPROVED AS TO FORM:
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
(949) 644 -3011 (949) 646 -5204 FAX
www.city.newport- beach.ca.us
City of Newport Beach
a municipal corporatio
Don Webb, Public Works Director
"CITY"
Boyle Engineering Corporation
a California Corporation
Victor E. Opincar, Regional Vice President
"CONSULTANT"
Boyle Engineering Corporation
1501 Quail Street
Newport Beach, California 92660 -2726
(949) 476 -3300 (949) 721 -7142 FAX
www.bovleengineerincr.com
0 • ffiIBIT A
P30VLE
1501 Quail Street
Newport Beach, CA 92660 -2726
TEL: (949)476 -3300
FAX: (949)721 -7142
www.boyleengineering.com
Michael Sinacori, PE September 10, 1999
Project Manager
CITY OF NEWPORT BEACH
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Proposal to Convert Model to H20Net, and Schedule to
Finalize Water Master Plan and Sewer and Water Financial Plans
Per your request, this letter and attachment are submitted as a proposal to convert the existing
"Watplan" model to H20Net. Also, we have outlined the schedule milestones to complete the
Water Master Plan final report and the financial analyses for the Water and Sewer Master Plans.
The fee to convert the model of the City's water system to the H20Net software and make selected
model runs is 517,700. Our estimate reflects a credit to the City for the effort by Boyle which
would have been needed to create the final pipe -node map with the existing model. Also, we will
provide, at no additional cost, training on the HZONet software.
The revised schedule to complete the project is as follows:
WMP and WMP Financial Plan
WMP Final CIP to Boyle
9/18/99
Final Draft WMP Report to City
10/8/99
City's Comments on Final Draft WMP to Boyle
10/15/99
Boyle Submits Final WMP Report to City
10/22/99
Draft WMP FP to City
10/22/99
City Comments on Draft WMP FP to Boyle
11/5/99
Final Draft of WMP FP to City
11/17/99
City Comments on Final Draft WMP FP to Boyle
11/26/99
Boyle Submits Final WMP FP to City 12/10/99
OC.B99 -197 -1 DAmNCONeWPWBCh DrOpIVAOC BOYLE ENGINEERING CORPORATION
® Pw�ciea Paper
Michael Sinacori
Page 2
SNIP Financial Plan
City Comments on Draft Sewer Financial Plan to Boyle 9/22/99
Final Draft Sewer FP to City 10/8/99
City Comments on Final Draft of Sewer FP to Boyle 10/22/99
Boyle Submits Final Sewer FP to City 11/12/99
September 10, 1999
We appreciate this opportunity to be of service to the City in these vital planning projects.
Boyle Engineering Corporation
G H. Eikermann
Principal, Project Manager
Approved:
a7
Vic Opincar, PE
Regional Vice President
cc: Eldon Davidson, PE
Attachments
Accepted:
Michael Sinacori, PE
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
• i
NOV 12
(39_)
November 12, 1996
CITY COUNCIL APENDA
ITEM NO.
TO: MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
G� /6J�7
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF A
WATER MASTER PLAN & WATER /SEWER FINANCIAL PLAN WITH
BOYLE ENGINEERING CORPORATION
C -3o ac`
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a Professional Services Agreement
with Boyle Engineering Corporation to prepare a Water Master Plan & Water /Sewer
Financial Plan for a fee of $177,834.
BACKGROUND:
The City has five (5) pump stations, fifteen (15) pressure reducing stations, seven (7)
• Metropolitan Water District connections, and four (4) upcoming wells as part of its water
system. Although the City annually programs funds for maintaining and replacing water
facilities, these activities are not enough to handle long -term planning of the City's aged
water system. The City does not have a current plan to prioritize replacement and
upgrade existing water facilities. The City also needs a chronological inventory of
facilities with an estimate of the priority for replacement.
The proposed master plan will help identify any existing system deficiencies as well as
plan for future impacts of developments such as the Banning Tract developments or the
annexation of Santa Ana Heights and Newport Coast.
THE SCOPE OF WORK:
A water master plan is a planning document which serves as a tool to guide the City in
its decision making process about land use, impacts from proposed developments,
implementing capital replacement and capital improvement programs related to the
water system.
The master plan will provide an assessment of the capacity of the existing system to
serve the land uses called for in the general plan and what the system requires in the
form of improvements if the City implements those ultimate land uses.
The master plan will look at the condition, age and expected life of the existing pipes
• and facilities and will make recommendations for programmed replacement.
Water Master Plan
November 12, 1996
Page 2
The master plan will be prepared by a professional consulting engineering firm who will .
use a GIS based computer model to simulate flow conditions throughout the City's water
system. The computer model will be compatible with the City's-existing GIS system and
will be prepared to easily transfer between GIS and AutoCAD:
City staff will assist the consultant in measuring existing field flow conditions. Flow data
will be used to develop accurate flow -to -land area co- efficients for use in determining
water demand loading for the computer model.
The consultant will develop recommendations for a prioritized capital improvement
program. Prioritization will be based upon a review of system conditions and planned
development densities. Recommended replacement of aging facilities will be included.
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.
In addition, a Water /Sewer Financial Plan will be prepared. The financial plan will help
develop or modify the City's rate structures to ensure that appropriate funds will be
available to maintain, operate and improve the water and sewer systems for the next
several decades.
The consultant's exact scope of work is included as part of the professional services
agreement, attached as Exhibit "A."
•
SELECTION PROCESS:
Staff implemented a "qualifications -based selection" (QBS) process for the necessary
professional design services. Statements of qualifications were collected during the
past two years from several firms. After review, staff requested proposals from five of
the most qualified firms with a reputation for providing the services required to complete
such a master plan. This was done by written "requests for proposals" or RFP's.
The written proposals were reviewed by a selection committee. The committee was
comprised of the Utilities Manager, Utilities Management Analyst, Utilities Engineer, and
the City Engineer. In addition, the top three firms were invited to an oral interview. On
the basis of a detailed ranking of the various firms, the selection committee chose Boyle
Engineering Corporation as the most qualified firm to perform the required professional
services.
The detailed criteria used to evaluate the qualifications of the five engineering firms
considered the following key areas:
1. Related Project Experience
2. Project Staff Assigned
3. Grasp of the Project Requirements
4. Project Approach
5. Proposed Project Schedule .
6. Proposed Labor Breakdown
7. Interview
Water Master Plan
November 12, 1996
Page 3.
The most qualified firm for this project was selected based on the listed criteria and their
demonstrated abilities on similar projects in the past. Boyle Engineering Corporation
has a team of exceptionally - qualified, technical professionals who have extensive
experience with master planning projects in Southern California. As a result, the
selection committee and staff believe that the consultant's team will be able to provide a
high - quality, cost - effective, timely, professional Master Plan. The firm also developed
the City's Master Plan of Sewers. A fee of $177,834 has been negotiated with Boyle
Engineering Corporation to perform the required services.
OTHER PERTINENT INFORMATION:
If approved, the Master Plan effort can commence almost immediately. It is expected
that the work effort to gather data, prepare a working model, draft a master plan report,
review, refine, and publish for approval, will take approximately six (6) months. The
Water /Sewer Financial Plan will also begin immediately. However, the capital projects
component relating to the water system is key to developing a complete Water Financial
Plan. The Sewer Master Plan was completed last year. Staff anticipates that the
financial plan may be completed before the next budget process is completed. This will
be dependent on the amount of Council and community input desired during the
development of the plan.
RECOMMENDATION AND FUNDING
$150,000 was budgeted for the Master Planning project and is available in the Water
Enterprise Fund under Capital Project Account No. 7501- C5500336. Additional funds
will be provided from Capital Project Account Nos. 7532- C5600100 ($20,600) and 7502 -
05500082 ($25,000) for a total available project fund of $195,600, which includes ten
percent for contingencies.
Staff recommends approval of the professional services agreement to prepare the
Water Master Plan & Water /Sewer Financial Plan.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
(90
Don Webb, Director
By. C" J__
Eldon Davidson, P.E.
Utilities Manager
MJS:tam
Attachment: 'A': Professional Services Agreement
N
V
AGREEMENT
FOR PROFESSIONAL SERVICES
FOR PREPARATION OF THE
WATER MASTER PLAN & WATER /SEWER FINANCIAL PLAN
THIS AGREEMENT, entered into this -Lq—t day of May, 1997, by and
between City of Newport Beach , a Municipal Corporation (hereinafter referred to as
"City "), and Boyle Engineering Corporation whose address is 1501 Quail Street,
Newport Beach, California 92658 -9020 (hereinafter referred to as "Consultant "), is
made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of the City.
B. The principal members of Consultant for purposes of this project are
Victor E. Opincar, Gary Eikermann, Russ Hulse and Mark Briggs.
C. City desires to engage Consultant to prepare a Water Master Plan and
Water /Sewer Financial Plan which will allow the City to plan, fund, and
prioritize future capital improvements to the City's water system, and
evaluate alternative rate structures and system impacts from proposed
developments upon the terms and conditions contained in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
v • Consultant Agreement
Water Master Plan 8 Water /Sewer Financial Plan
May 1997
1. TERM
The term of this Agreement shall commence on the day of May 1997,
and shall terminate on the 1st day of January, 1998, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and
incorporated herein by this reference. The maximum fee shall not exceed one
hundred seventy -seven thousand eight hundred thirty -four dollars ($177,834.00).
4. STANDARD OF CARE
All of the work in Exhibit "A" shall be performed by Consultant or under
Consultant's supervision. Consultant represents that it possesses the
professional and technical personnel required to perform the services required by
this Agreement and that it will perform all services in a manner commensurate
with the community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City nor have any
contractual relationship with City. The Consultant shall be responsible to City for
any errors or omissions in the execution of this Agreement. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further
represents and warrants that it shall keep in effect all such licenses, permits and
other approvals during the term of this Agreement.
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• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the 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 express terms of this Agreement. No civil service status
or other right of employment with City will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including, but
not limited to, unemployment insurance, worker's compensation plans, vacation
and sick leave, are available from City to Consultant, its employees or agent.
Deductions shall not be made for any state or federal taxes, FICA payments,
PERS payments or other purposes normally associated with an employer-
employee relationship from any fees due Consultant. Payments of the above
items, if required, are the responsibility of Consultant.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the Consultant
on the project.
7. PROJECT MANAGER
Consultant shall assign the project to a Project Manager, who shall coordinate all
phases of the project. This Project Manager shall be available to the City at all
reasonable times during the project term. Consultant has designated Gary
Eikermann to be its Project Manager.
3
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• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
8. TIME OF PERFORMANCE
The task(s) to be performed by Consultant shall be in accordance with the
schedule specified in Exhibit "C ". Consultant shall not be responsible for delays
which are due to causes beyond Consultant's reasonable control. In the case of
any such delay, the time of completion shall be extended accordingly. Each party
hereby agrees to provide timely notice to the other of any violation occurring
under this Section and the cause thereof.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in
order to ensure that the project proceeds in a manner consistent with City goals
and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal requirements and be subject to approval of the Project Administrator
and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed as described in Exhibit "A" on a regular basis
regarding the status and progress of the work, activities performed and planned,
and any meetings that have been scheduled or are desired.
4
• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
12. HOLD HARMLESS
Consultant agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any
and all loss, damages, liability, claims, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, attorneys' fees and court costs arising from any and all
negligent actions of Consultant, its employees, agents or subcontractors in the
performance of services or work conducted or performed pursuant to this
Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, Consultant shall obtain and
provide and maintain at its own expense during the term of this Agreement policy
or policies of liability insurance of the type and amounts described below and
satisfactory to the City. Such policies shall be signed by a person authorized by
that insurer to bind coverage on its behalf and must be filed with the City prior to
exercising any right or performing C pursuant to th Agreement. All
insurance policies, with the excep ion of�Profes tonal Errors and Omissions, shall
add as additional insured the City, its elected officials, officers and employees for
all liability arising from Consultant's services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide
to City certificates of insurance from an insurance company certified to do
business in the State of California, with original endorsements, and copies of
policies, if requested by City, of the following insurance, with Best's Class A7 or
better carriers; unless otherwise approved by the City Risk Manager:
A. Worker's compensation insurance covering all employees and principals
of the Consultant, per the laws of the State of California;
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• Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
B. Commercial general liability insurance covering third party liability risks,
including without limitations, contractual liability, in a minimum amount of
$1 million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this project, or the general aggregate limit shall
be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage;
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
one million dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not
be canceled by either party, except after thirty (30) days' prior notice has
been given in writing to City. Consultant shall give to City prompt and
timely notice of claim made or suit instituted arising out of Consultant's
operation hereunder. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
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• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
Consultant agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability
insurance, that Consultant shall look solely to its insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss
under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or
otherwise without prior written consent of City. Any attempt to do so without
consent of City shall be null and void, and any assignee, sublessee, hypothecate
or transferee shall acquire no right or interest by reason of an attempted
assignment, hypothecation or transfer.
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, shall be construed as an assignment of this Agreement. Control
means fifty percent (50 %) or more of the voting power, or twenty -five percent
(25 %) or more of the assets of the corporation, partnership or joint venture.
15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
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 extensions of the Project or on any other project. Any
use of completed documents for other projects and any use of incomplete
documents without specific written authorization from Consultant will be at City's
sole risk and without liability to Consultant. Further, any and all liability arising
out of changes made to Consultant's deliverables under this agreement by City or
persons other than Consultant is waived as against Consultant and the City
assumes full responsibility for such changes unless City has given Consultant
prior notice and has received from Consultant written consent for such changes.
No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual
or organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, the City agrees to provide the following:
A. The City will provide copies of all available record information on file at the
City. Any necessary surveys to determine invert elevations, beyond those
specified, will be performed by the City, or by the Consultant for an
additional fee.
3
• Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
Consultant shall be entitled to rely upon the accuracy of data information
provided by City or others without independent review or evaluation.
B. Provide blueprinting, CADD plotting, copying and other services through
the City's reproduction company for each of the required submittals.
Consultant will be required to coordinate the required submittals with the
City's reproduction company. All other reproduction will be the
responsibility of consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
City further agrees to provide all such materials in a timely manner so as
not to cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The
Public Works Director or his /her designees shall be considered the Project
Administrator and shall have the authority to act for the City under this Agreement.
The Project Administrator or his /her authorized representative shall represent the
City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
19. EXTRA WORK
Consultant shall receive compensation for extra work authorized by City in
accordance with the schedule of billing rates set forth in Exhibit "B." All extra work
must be authorized in writing by the Project Administrator and Consultant shall
not be entitled to extra compensation without authorization.
9
• Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
20. RECORDS
Consultant shall keep records and invoices in connection with the work
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative
of City during normal business hours to examine, audit and make transcripts or
copies of such records. Consultant shall allow inspection of all work, data,
documents, proceedings and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing
by City.
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance
with Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice
will be itemized. Each invoice shall show the number of hours worked per
person /consultant and the nature of the work performed.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a
monthly invoice unless City disputes the amount Consultant claims is owed under
this Agreement.
10
• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work for a period of thirty (30) days from the date of
withholding as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the
rate of seven percent (7 %) per annum from the date of withholding of any
amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
In the event that a court of competent jurisdiction determines that the Consultant's
negligence, errors or omissions in the performance of work under this Agreement
has resulted in damages to City which would not have resulted if there were no
such negligence, errors or omissions in the plans or contract specifications,
Consultant shall reimburse City for the damages incurred by the City including
engineering, construction and /or restoration expense. Nothing herein is intended
to limit City's rights under any other sections of this Agreement.
26. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor,
consultant, employee or applicant for employment because of race, religion,
color, sex, handicap or national origin. Such nondiscrimination shall include, but
not be limited to, the following: employment, upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms
of compensation and selection for training, including apprenticeship.
11
• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
28. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably, financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. Consultant shall indemnify and
hold harmless the City for any claims for damages resulting from the
Consultant's violation of this Section.
29. SUBCONSULTANT AND ASSIGNMENT
A. None of the services included in this Agreement shall be assigned,
transferred, contracted or subcontracted without prior written approval of
City.
B. Neither Consultant nor City shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or
to become due Consultant from City under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a
trustee in bankruptcy, without such approval. Notice of any such
assignment or transfer shall be promptly furnished to City.
C. In the performance of this Project, Consultant may utilize the services of a
private financial consulting firm and a private water quality consultant to
complete those tasks which require related professional services.
12
• Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
Financial consulting firm, Reiter•Lowry Consultants, and water quality
consulting firm Michael McGuire, Inc. shall be hereinafter refer to as
"Subconsultant ", and shall be directed and compensated by Consultant as
if said firm were an independent contractor of Consultant.
(i.) Compensation for Subconsultant's services shall not be more than
forty six thousand eight hundred and seventy -four dollars
($46,874.00) and shall be paid in accord with the limits of the "not -
to- exceed" fee listed herein below. No additional compensation
shall be made therefor.
30. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when
delivered personally or on the second business day after the deposit thereof in
the United States mail, postage prepaid, registered or certified, addressed as
hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Eldon Davidson
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Boyle Engineering Corporation
1501 Quail Street
P.O. Box 3030
Newport Beach, CA 92658 -9020
Attention: Victor E. Opincar
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• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
31. TERMINATION
In the event either party hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) days, or if more than two (2) days are reasonably
required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) days after receipt by the defaulting
party from the other party of written notice of default, specifying the nature of such
default and the steps necessary to cure such default, the nondefaulting party may
terminate the Agreement forthwith by giving the defaulting party written notice
thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant
that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
32. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or to recover
damages incurred by reason for breach of any provision of this Agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable costs of
litigation, including attorney's fees.
33. COMPLIANCES
Consultant shall comply with all applicable laws, state or federal and all
ordinances, rules and regulations enacted or issued by City.
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• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
34. 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.
35. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions hereon. Any
modification of this Agreement will be effective only by written execution signed
by both City and Consultant.
36. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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.
37. CADD DELIVERABLES
CADD data delivered to City shall not include the professional stamp or signature
of an engineer or architect. 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 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.
15
• • Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the first date above written:
APPROVED AS TO FORM:
i
Robin Clauson
Assistant City Attorney
ATTEST:
✓1/JCI �JL�t M - &d(L
LaVonne Harkless
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
(714)644 -3011 (714)646 -5204 FAX
City of Newport Beach,
a municipal corporation
)n Debay, Mayor
City"
16
Boyle Engineering Corporation
a California Corporation
Victor E. Opincar, Regional Vice President
"Consultant"
Boyle Engineering Corporation
1501 Quail Street, P. O. Box 3030
Newport Beach, California 92658 -9020
(714)476 -3300 (714)721 -7142 FAX
EXHIBIT A
SCOPE OF SERVICES
FOR PREPARATION OF THE
WATER MASTER PLAN & WATER/SEWER FINANCIAL PLAN
A. Consultant shall provide the necessary services to complete the defined tasks
associated with the design of the Plan. Those services include the following:
1. Coordination and Meetings with City staff.
a. Consultant shall keep the City's Project Manager apprised of the
progress being made on the Consultant's activities and progress.
Such appraisal shall be made by telephone, in writing as
appropriate and at the meetings mentioned herein below.
b. Consultant shall meet with City staff for an orientation meeting and a
minimum of five progress meetings to discuss progress of the Plan.
In addition, meetings with City staff, City Council and other meetings
as necessary for coordination of the Plan. Other meetings may be
held on an as- needed basis, including the possibility of one
community meeting.
B. Consultant shall prepare the Plan which will be used by the City to plan and
prioritize future capital improvements and evaluate impacts to the water
system from proposed developments. The Plan will evaluate the existing
water system and water facilities, including current pump stations, pressure
reducing stations, Metropolitan Water District connections, upcoming
groundwater supply, and will identify water system improvements under
ultimate development, and develop a financial plan to accomplish the
identified improvements. Those tasks include the following:
C. Water Master Plan
1. Research, Review and Investigation
a. Consultant will review the following data provided by the City:
• Pump curves for each pump in the system.
• Verification that the pressure reducing valves are set as
described in the previous master plan report.
• Water system atlas maps (100 or 200 scale).
• Layouts or detailed plans for each reservoir and pump station.
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• ExRl6it A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
• Historic data, consisting of annual water consumption, zone by
zone, for the past ten (10) years, including annual water
production /purchase for the same time period.
• Available data for maximum day or peak hour demand for the
past ten (10) years.
• Summary of "system betterment" items to be included in the
capital improvement program in addition to those items which
will mitigate deficiencies.
• Information on existing and potential land use and water
sources /infrastructure for the candidate annexation areas.
• Any other pertinent reports and documents.
b. Consultant will review the following water model data:
• Computer disk of pipe and node data input to the FAAST model,
and ability to electronically transfer to the new model.
• Available water master plan documents, along with a map of the
node /pipe system.
C. Consultant will review the City's GIS system and land use areas
based on the City's General Plan.
d. Consultant will review City data on demands and flows consisting
of annual water consumption data for representative land use
areas, as selected by Consultant. Data should be based on meter
book records.
e. Consultant will visit each City pump station (5 sites), PRV stations
(15 sites) and other sites as required (up to 40 sites). Unless
specifically requested by the City, reservoir sites will not be visited
and seismic evaluations will not be performed.
2. Criteria and Product Determination
a. Consultant will develop procedures for estimating demands and
flows, report format, basis of opinions of construction cost, and use
of the previous model data. Consultant will review these
procedures with City staff and revise them as requested.
b. Consultant will determine the pros and cons of the available
modeling software with City staff and will assist the City in making
a software selection. Consultant will order the software. Then
Consultant will identify and make recommendations regarding the
hardware platform for City staff use in operating the selected
software that is compatible with GIS and mapping objectives.
2
ExtlltSit A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
3. Model Existing System
a. Consultant will create an overlay for the City base map of the pipe
and node system, based on the map from Task 1 -b above.
Dependent on the software selection, this should be a matter of
"point and click" to assign node locations.
b. Consultant will use polygon processing to determine water duties
(gpmlacre) for each land use, based on data from Task 1 -d.
C. Consultant will apply water duties to the area of each land use, to
determine the average annual demand (AAD). Consultant will
compare this data to historic data and adjust water duties as
necessary to result in a "target" AAD.
d. Using the data from Task 1 -b, Consultant will convert the data to
the format of the water system model software.
e. Consultant will determine the AAD at each node, and incorporate
the top 100 demands from Task 1 -a.
f. Using data from Task 1 -a, Consultant will determine peaking
factors for maximum day and peak hour conditions.
g. Consultant will calibrate new model to achieve a more accurate
simulation of actual flow conditions. Calibration will entail the
following:
• Identify ten locations where flow rates will be measured by the
City.
• Coordinate with the City to isolate portions of the system for
flow testing, including valving off the reservoir and metering all
flows into or out of the area.
• The City will field flow test isolated portions of the system to
measure hydrant flows and system pressures at key points.
• Model each field flow condition and compare field pressures
with predicted conditions. If the results are not comparable,
Consultant will analyze conditions to determine the source of
difference. Consultant will then adjust the model and review or
locate system anomaly to explain these differences.
4. Analysis
a. Using fire flow requirements from the previous master plan,
Consultant will run as a minimum peak hour and "maximum day"
plus fire conditions at several locations.
3
• ExTft6ir A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
b. Consultant will compare total system demands and results of the
runs with the previous master plan. Consultant will then analyze
the differences and modify the model if necessary.
C. Consultant will discuss with the City the expected new
development or redevelopment, system components and update
the system model for ultimate conditions, to include consideration
of potential annexations on City's system, based on this
information.
d. Consultant will run the model for ultimate conditions, then evaluate
model results and identify deficiencies. Consultant will include
improvements and verify that deficiencies are eliminated.
e. Consultant will identify recommended pumping station
improvements, based on system analysis and site visit
evaluations. The costs associated with correcting these
deficiencies and the magnitude of ultimate deficiency scheduling
will be determined by the City and is not part of this project.
f. Consultant will evaluate the adequacy of existing reservoir
storage.
g. Consultant will summarize all system improvements and other
items to be included in the capital improvement plan; prepare an
opinion of construction cost of each item and develop a priority
schedule for implementation. Consultant will review with the City
and revise as necessary.
h. Consultant will evaluate water quality issues, including the
impacts to facilities and customers of mixing two supply sources
(groundwater and imported water). Items for review include:
• Evaluation of water quality data.
• Investigation of corrosion indices.
• Preparation of findings report.
5. System Improvement Plan
a. Consultant will develop a betterment program for improvements
and replacement for all water system components. Format will be
a spread sheet with 1996 costs, inflated to the five stage
construction period.
b. Consultant will review the proposed betterment program with the
City and revise as necessary.
4
IN
Ext11t3it A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
• Source of supply (wells, imported, connections)
• Reservoir storage enhancement
• Reservoir betterments & repair
• Pump station betterments & replacement
• Transmission pipeline betterments & replacement
• Distribution system pipeline betterments & replacement
• Service & meter replacements
• Development of phased program for a five stage Capital
Improvement Program encompassing:
FY
1997 to 2000
FY
2000 to 2005
FY
2005 to 2010
FY
2010 to 2015
FY
2015 to 2020
FY
2020 to 2025
Cost Estimating
a. Consultant will develop cost estimates for construction and
engineering administration for the various recommended
improvement projects, and then summarize costs by priority in
1996 (current) dollars and establish a current ENR construction
cost index for time of estimate.
b. Based upon historical data provided by the City, Consultant will
summarize and estimate average annual water operations and
maintenance costs as well as identify any planned increases or
decreases in these costs based on the recommended
improvement plan.
Draft Report, Maps, User's Manuals
a. Consultant will prepare and submit five (5) bound copies of the
draft report. The draft report should contain all elements of the
final report, although presentation need not be polished. (Text
may be in outline form.) The purpose of the draft is to allow the
City to review the format and methodology associated with the
master plan report.
b. Consultant will prepare and submit two (2) copies of the master
plan maps. The maps should be scaled at one inch equals 800
feet and should show the following:
• Street right -of -way lines and street names. (AutoCAD file
available from the City.)
5
• Exrll6it A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
• Existing and proposed facilities with line sizes, materials
(where known), PRV's, pump stations, reservoirs and all other
pertinent water system information.
C. Prepare and submit three (3) copies of computer user's manual.
d. The City will review and comment on the report within (3) weeks,
so comments can be incorporated into the final report. The City
will include directives regarding color plates and printing.
8. Final Report, Plans and User's Manual:
a. Consultant will prepare and submit twenty (20) bound copies of
the final report.
Consultant will revise text and plates based upon City comments
on the draft report. Consultant will prepare a report for printing.
Consultant will include a 1600 -scale color version of the 800 -scale
wall map which will include copies of the current City land use.
b. Consultant will prepare a Plan wall map on mylar containing street
rights -of -way and names as well as existing and proposed
facilities for mass duplication by the City. Consultant will also
prepare a single copy of a color version of this map showing
service and tributary area boundaries and project prioritization.
C. Consultant will prepare and submit three (3) bound copies of the
computer users' manual, including one (2) copies each of any
vendor - supplied software manual.
9. Project Management
a. Consultant will provide project management. Consultant's Project
Manager will be responsible for the general coordination and
administration of the project with the City.
b. Consultant will submit monthly progress reports, along with
monthly billings, which will indicate progress by general task for
the Plan. A one to two page maximum format is preferred.
10. Software & City staff training
Consultant will provide training for two (2) City staff members on the use
of the software for operation and maintenance of the water system model,
including two (2) hydraulic model software programs (fully loaded) for
two (2) City sites (computers) with appropriate licenses.
n
• Exit A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
11. Deliverables
a. Consultant shall provide the applicable deliverable items and
materials. Those "deliverables" include the following:
• Computer t=iles and Maps
• Master Plan Reports
• Main Report - 3 draft, 20 final copies
• Service Area Report - 1 copy
• Water Quality Report - 10 copies
• User's Manual - 3 draft, 3 final copies
• Hard Copy Mapping Book
• 800 Scale "Recommended Improvements" Mylar - 1 copy
• 1600 Scale Color "Recommended Improvements" Map - 20
copies
• Software and computer user's manual - 2 copies
D. Financial Plan
Water and Sewer Rate Study
Based on the System Improvement Plan developed under the Water Master
Plan (and the prior Sewer Master Plan), rate studies shall be undertaken to
analyze the sufficiency of the City's existing rate structure to fund water and
sewer system operations, maintenance and administration as well as the
Capital Improvement Program identified in the System Improvement Plans.
Should the existing rate structure be insufficient to fund the five (5) stage
program for the water system through planning year 2020, then Consultant shall
suggest alternative rate structures and recommendations made for
implementation of new rates to fund the chosen plan implementation.
1. Resource Evaluation
Consultant will perform the following tasks for both water and sewer:
a. Using information supplied by the City, a computer model will be
created to summarize existing water and sewer account
categories, meter sizes, number of meters, water consumption,
and related statistics. The first year of this model will be used as
the start year for a multi -year forecast which will include any
projected growth, redevelopment or other changes in the customer
base. If available, relevant data will be uploaded from the City.
This will enable Consultant to create various breakpoint models
for alternative water and sewer rate structures.
7
• At A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
b. Using the data from the model developed under Sub -Task 1, a
revenue model will be produced showing the amounts currently
being paid by each customer category and meter and sewer
connection size. This model will also be used for comparisons
against any alternative rate structure.
C. Consultant will prepare a long -term cash flow proforma. Special
attention will be given to current operating and capital
expenditures to determine what each class of customer is paying
for. An analysis will be performed on reserve funds and to
compare balances on hand with well -known industry
practices /standards.
2. Capital Project Costs and Operational Costs
a. Consultant will perform a comprehensive review of costs and
develop a multi -year cash flow requirements model.
Using Consultant's list of projected improvements, alterations,
replacements, and expansions, Consultant will demonstrate the
revenue requirements for capital expenditures through 2020. The
cash flow proforma will include a revenue plan which
approximately allocates capital expenditures to existing and future
users (if identified). This model will be used to analyze the
adequacy of the "pay as you go" strategy.
The capital replacement program will clearly delineate revenue
needs for replacing vehicles, heavy equipment, stationary
equipment, pipelines, facilities, and site improvements.
b. The City's current budget will be used as a source document for
developing an appropriate long -range operating budget. Industry
standards for cost categories will be introduced and used for
developing the multi -year cash flow proforma.
C. Consultant will incorporate expenditures and expenses from Sub -
Task 1 and 2 and prepare a revenue plan, including alternate
water rate structures and charges, to equitably allocate costs to the
customer base. If "pay as you go" creates a shortfall, borrowing or
other sources of funds will be identified /used to meet revenue
requirements. Debt service implications will be included in the
evaluation.
d. Separate summary memorandums presenting findings, analysis,
and recommendations will be prepared for water and sewer.
Ll
• Exit A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
Water and Sewer Financing Plan
Based on the revenue requirements identified in the Water and Sewer Rate
Study, a detailed Financing Plan for funding the monetary requirements for
program implementation will be provided. The Plan will endeavor to balance
operating and capital improvement expenditures to system revenues over the
25 year planning horizon.
1. Investigate Alternative Rate Structures for Water and Sewer
Consultant will identify and investigate the four different rate structures or
others as appropriate:
• Standard Consumption Charge + Service Charge for Capital
Improvements
• Land Use Based Consumption Charge + Service Charge for Capital
Improvements
• Tiered Block Rate Consumption Charge (Conservation and Non -
Conservation basis) + Service Charge for Capital Improvements
• Seasonal Use Based Consumption Charge + Service Charge for
Capital Improvements
2. Rate Comparison
A comparison will be prepared to six or more Southern California
purveyors to the City. For water, the comparison will include purveyors
similar in size, population, customer characteristics, facility configuration,
etc., which use the four proposed structures and MWD's new ready -to-
serve rates, pumping surcharges or area assessments.
3. Capital Project and Operation Cost Requirements
a. Capital Project Costs
Staged cost requirements to implement System Improvement
Plan
b. Operation Cost Projections
• Cost projections to implement the Betterment Program
C. Funding Methodologies
• Pay -as- you -go Funding Requirements
• Alternative Bonding Methods for Plan Funding
W
Y
U
• Alt A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
Rate Structures
Consultant will prepare the multi -year cash flow model which
incorporates the recommended rate structures to fund operational and
capital costs. The industry's classic fixed and variable cost analysis will
result in the development of appropriate charges for volumetric use and
the ready -to -serve category.
a. Water Rate Structure
The study should include the following:
(1.) Resource Evaluation
• Water Service Connections
• Inventory all City water service connections
• Assessment of water consumption for current FY
• Water Rates and Charges
• Summary of current water rates and charges to
customers
• Evaluation of Revenues and Expenses
• Analyses of current budget for water system
operations
• Analyses of current capital improvement program
budget
• Opinion on Capital Reserve Fund resources
(2.) Recommended Water Rate Structure
Based upon the results of the analysis above,
recommended changes to the City's water rate structure
shall be made and a draft Water Rate Ordinance prepared
to cover the proposed rate changes. The new rate structure
should cover as a minimum the following Charge
categories:
• Cost of Supply Charge
• Fixed System Operation Charge
• Meter Charge (Readiness to Serve)
• Quantity Charge
• Seasonal Charge (Optional)
• System Betterments & Replacements Charge
10
r
• Extit A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
• Capital Improvement Charge
• Fire Service Charge
• Connection Charges
b. Sewer Rate Structure
The study should include the following:
(1.) Resource Evaluation
• Sewer Service Connections
• Inventory all City sewer service connections
• Sewer Rates and Charges
• Summary of current sewer rates and charges to
customers
• Evaluation of Revenues and Expenses
• Analyses of current budget for sewer system
operations
• Analyses of current capital improvement program
budget
• Opinion on Capital Reserve Fund resources
(2). Recommended Sewer Rate Structure
Based upon the results of the analysis above,
recommended changes to the City's sewer rate structure
shall be made and a draft Sewer Rate Ordinance prepared
to cover the proposed rate changes. The new rate structure
should cover as a minimum the following Charge
categories:
• Variable System Operation Charge
• Fixed System Operation Charge
• System Betterments & Replacements Charge
• Capital Improvement Charge
• Connection Charges
5. Summary Memorandum
Technical memorandum will be prepared presenting analysis and
recommendations, and presentations will be made to the City
demonstrating the pros and cons of each rate structure.
11
At A, Consultant Agreement
Water Master Plan & Water /Sewer Financial Plan
May 1997
5. Master Financing Plan Report
Consultant will prepare the narrative text and graphics describing the
work effort, analysis, findings, and recommendations relative to funding
capital and operational costs for water and sewer.
6. CEQA Compliance
Consultant will prepare the necessary environmental documentation in
the form of an Initial Environmental Study (IES) and Environmental
Checklist in accordance with the California Environmental Quality Act
(CEQA) guidelines for master plan level documentation.
12
EXHIBIT B
COMPENSATION SCHEDULE
FOR PREPARATION OF THE
WATER MASTER PLAN & WATER/SEWER FINANCIAL PLAN
A. In consideration for the specified services, the City hereby agrees to
compensate Consultant on an hourly basis as set forth below in the "Payment &
Fee Schedule ". In no event shall compensation be greater than the amount of
one hundred seventy -seven thousand eight hundred thirty -four dollars
($177,834.00), inclusive of the subcontract services and mark -up defined
herein, except as otherwise provided for herein below.
B. FEE SCHEDULE
personnel
Principal Engineer ..............
Senior Engineer ..................
Associate Engineer .............
Assistant Engineer ..............
Technician ............................
Word Processor ...................
hourly rates
...................... ............................... $135.00
...................... ............................... 106.00
...................... ............................... 80.00
...................... ............................... 66.00
...................... ............................... 73.00
...................... ............................... 52.00
C. The contract amount shall be paid to Consultant in monthly partial payments
based on the amount of hours worked and expenses incurred during each
monthly pay period based on the actual hours of labor expended as determined
by the Project Manager for the City.
D. In addition to the fixed, not -to- exceed fee, the City agrees to reimburse
Consultant for the actual cost (plus 10 %) for all outside expenses including:
reproduction for copies of plans, reports and related documents; material costs
authorized in advance by the Project Manager for the City; and other
reasonable expenses, where such costs have been advanced by Consultant
and approved in advance by the City.
1. Consultant shall provide written records (originals) of all expenses
incurred and shall report all hours expended in the performance of his
duties and tasks on a monthly basis. The City agrees to pay Consultant
within thirty (30) calendar days of receipt of said records and summary.
2. Consultant shall not be compensated for use of Consultant's equipment,
hardware, software materials, in -house reproduction, or mileage. Said
costs are non - compensable. Time expended by Consultant's personnel
shall be paid on the basis of the "Fee Schedule" herein above.
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