HomeMy WebLinkAboutC-3264 - Professional Services for Program Management Associated w/ Federal Funding Appropriations Request for FY 99-2000 for Water and Wastewater Infrastructure Systems.� 3g)
December 12, 2000
APPROVED CITY COUNCIL AGENDA
ITEM NO. 13
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: PROFESSIONAL SERVICES CONTRACTS FOR FEDERAL PROGRAM
SUPPORT OF WATER RESOURCE PROJECTS
RECOMMENDATIONS:
1. Authorize the retention of Ball Janik LLP to provide legislative advocacy support services
to obtain Federal funding for Water Resources Projects for Fiscal Year 2000 -2001 for a
fee not to exceed $30,000.
2. Authorize the retention of Bucknam & Associates to provide program management
support services for the water resources projects for Fiscal Year 2000 -2001 for a fee not
to exceed $8,500. The firm's principal was a City employee for 10 years prior to 1979.
DISCUSSION:
The Public Works Department is a multi- faceted department encompassing numerous
functions. Among the many responsibilities of the department is the effective administering
of the City s Water Resources Program, which is the responsibility of its Utilities Division.
This program comprises several critical areas of water and wastewater management
including system planning, infrastructure operations, replacement, and the upgrading of
system and emergency services.
Over the past few years, the department has been involved in several critical programs that
have resulted in a determination of the need for substantial funding to complete studies,
designs, and construction of water and wastewater system facilities. One critical project is
the Big Canyon Reservoir Cover and Treatment Facilities. Attached is a Fact Sheet (Exhibit
A) outlining the proposed project, which is estimated to cost $5,000,000. Other agencies in
the Southern California area have been successful in the last few years in securing Federal
funds to pay for major portions of similar infrastructure needs. The United States
Environmental Protections Agency (USEPA) Environmental Management Program is a
likely candidate for funding possibilities. The financial requirement required by the City as a
local sponsor would be a 45 percent match of the total project cost, in this case $2,250,000.
The Federal cost share, which would be sought, is $2,750,000 or 55 percent of the project
cost under this program.
Federal support could also come from the following program areas:
Water Resources Development Act Section 219 Program — Environmental
Infrastructure
0 0
SUBJECT: Professional Services Contracts for Federal Program Support of Water Resource Projects
December 12, 2000
Page 2
Housing and Urban Development Economic Development Initiative Program
The WATER 21 Authorization Bill planned for introduction in the 107' Congress
Under these Federal programs the City would request an Authorization to cover the cost of
the Big Canyon Project with appropriations occurring in subsequent fiscal years.
Over the past 5 years several other Southern California agencies have been successful in
obtaining over $8 million in grants for similar water resource projects. These agencies are
the City of Arcadia, the City of Sierra Madre, the City of Norwalk, the City of Santa Monica,
the City of Huntington Beach, and the Twenty -nine Palms Water District. These agencies
used legislative advocacy services to gain support and to have the projects included in the
required Federal legislation. Even though these agencies had the strong support of their
local Congressional Representatives, it was necessary to have a representative from the
agency positioned in Washington D.C., to make contacts with a number of committee staff
members. The Public Works Department does not have staff with this expertise.
In order to augment existing staff capabilities and provide the continued efforts necessary to
acquire Federal funds in the coming years, the City will need assistance through a
legislative advocacy and program management service. The firm of Ball Janik LLP and
Bucknam & Associates, Inc., were requested to submit proposals (Exhibits B and C) to
provide on -call consultation to the City to promote Federal allocation to help fund the City's
water resources program. The proposals provided for the following scope of services:
BALL JANIK, LLP — LEGISLATIVE ADVOCACY
Provide assistance to the City and its Program Management consultant to develop a
rationale for funding improvements for Big Canyon Reservoir.
2. Assist in seeking the appropriate funding vehicle for the project.
3. Coordinate with the City Manager's office and the Public Works Department on the
lobbying strategy and approach to ensure that all of the City's appropriation request
efforts are consistent and coordinated.
4. Provide liaison with Representatives Cox and Rohrabacher's offices as well as Senators
Boxer and Feinstein, committee staff, and agency personnel to ensure an understanding
of the project and its goals.
5. Assistance will be provided to urge the inclusion of the project in the congressional
delegations' request letters to the appropriate committees, help draft language, monitor
committee markups and the drafting of report language in both chambers.
6. Briefings will be provided to the City regarding progress of the program on a monthly
basis throughout the assignment.
Negotiated Fee for Services will be $30,000 ($2500 per Month for 12 months).
0 •
SUBJECT: Professional Services Contracts for Federal Program Support of Water Resource Projects
December 12, 2000
Page 3
Ball Janik has provided legislative advocacy services to the City in the past on several
programs. They are currently providing services to several West Coast cities:
• Modesto, California
• Portland, Oregon
• Bellevue, Washington
BUCKNAM AND ASSOCIATES, INC. — PROGRAM MANAGEMENT
1. Consultation in conjunction with the Citys Federal Appropriations Request for Fiscal
Year 2001 -02.
2. Provide the conceptual development of Federal funding program proposals for
authorizations and appropriations under the U.S. Environmental Protection Agency
(EPA), U.S. Army Corps of Engineers, and Federal Emergency Management Agency
Programs.
3. Liaison, technical consultation, and coordination with the City's administrative staff
relative to legislative advocacy.
4. Consultation in Conjunction with State and Regional funding programs for potential
matching funds.
5. Technical assistance in working with the State Office of Emergency Services (OES) in
seeking Pre - Disaster Mitigation Grants for seismic risk to water and wastewater
systems.
6. Technical assistance in seeking supplemental State and Regional funding to match
Federal funding appropriations.
7. Assistance in preparing State Infrastructure Bank Loan Applications for selected
infrastructure improvement programs and projects if required.
8. Technical Assistance in Federal, State, and Regional Funding Programs.
9. Coordination with Public Works Department — Utilities Division staff to provide technical
support and program management, on an on -call basis, for projects subject to
consideration for Federal or State funding.
10. Coordination regarding potential cooperative projects with and funding from public
agencies such as the Municipal Water District of Orange County (MWDOC), or the
Metropolitan Water District of Southern California (MWD) and other water purveyors.
Contract performance reviews will be conducted with the City on a monthly basis throughout
the duration of the consulting assignment to assure both performance and fiscal goals are
being met. Written status reports will be prepared on a monthly basis and submitted with
monthly invoices for the program services delivered.
These services will be provided under the leadership of C. Stephen Bucknam Jr., P. E., who
will serve as Program Manager. Mr. Bucknam, a former Deputy City Manager, City
Engineer, and Chief Engineer of Utilities, has over 33 years of experience - half of which
0
SUBJECT: Professional Services Contracts for Federal Program Support of Water Resource Projects
December 12, 2000
Page 4
was in the public sector in responsible management positions. Recent consulting
assignments include Program Management support for Federal and State program funding
for the cities of Arcadia, Sierra Madre, Norwalk, Huntington Beach, Santa Monica, and
Newport Beach. Mr. Bucknam served the City during the period of 1969 through 1979 in
various positions ranging from Project Engineer to Design Division Engineer in the Public
Works Department. City Council Policy J -1 requires approval by the Council of Professional
Services Agreements with prior City employees.
Negotiated Fee for Services will be $8,500.
Ball Janik and Bucknam & Associates, have extensive experience in the Federal support
programs area for Water Resources and Public Works Programs. Ball Janik has been
successful in obtaining over $200 million in Federal Funding for Public Works Projects.
Bucknam and Associates has been successful in obtaining over $8 million in Federal
funding for Water Resources Projects.
To further improve the City's chances for obtaining Federal funding, it would be beneficial
for a City Council Member to visit with legislators in Washington D.C. during March of 2001,
to help explain our project scope and needs.
There are sufficient funds for the services to be provided by these firms in the following
account:
Account Name Account Number Amount
Water Enterprise 7503- C5500460 $38,000
Respectfully subpitley, '
PUBLIC WORKS DEPARTMENT
Don Webb, Director
Eldon G. Davidson, P.E.
Utilities Manager
Attachments: Exhibit A: Fact Sheet - Big Canyon Reservoir Cover & Treatment Facilities
Exhibit B: Ball Janik Proposal
Exhibit C: Bucknam & Associates Proposal
•
• Exhibit A
EPA Environmental Management Program — Funding Request
Fact Sheet — City of Newport Beach California
Big Canyon Reservoir Cover and Treatment Facilities
Background
Since 1959 the City of Newport Beach has been operating the 600 -acre foot Big Canyon
Reservoir, a terminal finished water reservoir facility. The reservoir receives water from two
sources, an imported supply delivered from the Metropolitan Water District of Southern
California (MWDSC) and a local groundwater supply located in the nearby City of Fountain
Valley, California. The State of California, Department of Health Services (DHS) has required
the City to either design and construct a floating cover for this open reservoir or to provide
advanced water treatment on all domestic water discharged from the facility into the City's water
system. The City has decided to opt for the floating cover alternate and has completed a Pre -
Design Report in 1995. A consultant is under contract for the design of the facility at this writing.
Environmental documentation under the California Environmental Quality Act (CEQA) has been
completed.
Installation of this cover is imperative in order to continue to safeguard the quality of the drinking
water supply being served to the City's constituents. Installation of the cover will also allow the
City to develop a chloraminated water treatment system. These steps will assure that the City
will continue to be able to meet all federal and state drinking water standards. The City has
funded the Pre - Design Report, Environmental Documentation and design Services with its own
water revenue funds.
With the study phase completed and portions of the design phase nearing completion, federal
funds are sought through the United States Environmental Protection Agency (USEPA)
Environmental Management Programs to commence construction of this project.
Project Scope
This project anticipated for construction in Fiscal Year 2002 has an estimated total construction
costs of approximately $5,000,000. The project scope includes the following primary elements:
• Installation of a floating Hypalon cover over the entire surface of the 600 acre -foot Big
Canyon Reservoir
• Structural reinforcement of the reservoir embankments and mechanical appurtenances
to meet current seismic standards as well as monitoring requirements of the State of
California Division of Safety of Dams
• Upgrading of a groundwater wellpoint system to collect provide monitoring and to collect
outflow from the reservoir liner
• Conversion of the existing chlorination disinfection system to a choramination
disinfection system for compatibility with MWDSC's imported water treatment chemistry
• Repair of the existing asphalt concrete interior liner
• Miscellaneous site improvements required due to cover installation (i.e. concrete anchor
curb, roadway access improvements & relocation of existing perimeter fencing)
0 0
Requested Funding
The requested funding for the construction of a floating cover, structural reinforcement and
treatment facility modifications to provide a safe and reliable source of supply is $2,750,000
(55 %) in federal funds with an assumed local sponsor match of $2,250,000 (45 %).
0 0
Proposed Programs
Appropriations under Clean Water Act
Requesting funding of $2,750,000 through the Environmental Protection Agency's (EPA)
Environmental Management Program of the Clean Water Act. This program would
assume a 55% Federal / 45 % Local Sponsor match. Local funds in the amount of
$2,250,000 would supplement that federal appropriation for a total project cost of
$5,000,000. This appropriation would provide for the construction of improvements at the
City's Big Canyon Reservoir facility to which will increase water supply reliability and
water quality thus protecting public health and safety. A detailed Fact Sheet is attached
describing the proposed project.
Modifications to Water Resources Development Act (WRDA)
Authorization of funding under Section 219 of WRDA's Environmental Infrastructure
Program for specific water and wastewater programs aimed at protecting and
enhancing water quality in the City's domestic water system. A target authorization of
$2,500,000 is sought for construction of the Big Canyon Reservoir project. The City
would provide a local match of $2,500,000 under this program. Future cost sharing ratios
under this program would be assumed at 75% Federal to 25 % Local for planning and
design and 50% federal and 50% local for construction.
Modifications to the Stafford Act
As a follow -up to this year' s (FY2000) appropriation from the Stafford Act to modify the
FEMA / OES Regional Assessment of Mitigation Priorities (RAMP) Model; to adapt to
water infrastructure and other utility systems; a request is made for the following
authorization: That the Stafford Act be modified to include funding for pre- disaster
mitigation projects including planning, design and construction programs related to
seismic reliability without the necessity of a Federal disaster being declared. If there is a
potential to gain an authorization under the modified program; the Newport Big Canyon
project, may be eligible pending testing by the RAMP model, is estimated to be a
maximum of $5,000,000.
Support for National Water Infrastructure Policy — WATER 21
Support efforts of the Congressional Water Infrastructure Caucus Co- Chaired by
Congressman Sherwood Boehlert (R -NY) to introduce a bill in the 107° Congress
designated as WATER 21. This action would be based upon concepts set forth in the
congressman's testimony at a press conference held in Washington DC on September
19, 2000. He called for an increased commitment by the federal government in helping
municipalities maintain their water and sewer facilities. The program is outlined in a
0 0
report by the Water Infrastructure Network (WIN) in a report entitled "Clean Safe Water
for the 21" Century." published in 2000. Supporting this effort is a report from the
General Accounting Office entitled " Drinking Water, Spending Constraints Could Affect
States' Ability to Meeting Increasing Program Requirements," a statement made by
Peter Guerrero, Director, Environmental Issues Resources, Community, and Economic
Development Division of the GAO on September 19, 2000 before the House
Subcommittee on Health and Environment. If this legislation moves ahead, provisions to
include the projects, described above under WRDA and the CWA, in the authorizing
legislation should be made.
Exhibit B
BALL JANIK LLP
A T T O R N E Y S
1455 F STREET, NW, Suns 225
WASHmNoToN. D.C. 20005
\Y w.bau)anik.c
TEI-EPHONE 202-638 -3307
FACS&ME 202- 7836947
November 21, 2000
Mr. Eldon Davidson
Services Manager, Water Department
City of Newport Beach
949 West 16'" Street
Newport Beach, CA 92663
Dear Eldon:
It was great talking to you yesterday after such a long time and to hear that all is
going well with you. In response to your request, I appreciate the opportunity to
provide you with this proposal for federal representation.
BALL JANIK LLP
Ball Janik's expertise, skills and acumen in federal representation of local
governments are unmatched. We have worked diligently to become one of the
premier lobbying firms representing interests located on the West Coast. We are
proud of our reputation for fine client service and our proven track record of
success.
We propose that Victoria Cram serve as Project Manager for all work performed
for the City of Newport Beach's Department of Water and as such, would be
responsible for developing the appropriate strategy for success in achieving
funding for the Big Canyon Reservoir improvements. Although Ms. Cram would
perform most of the work, she could call upon the services of six experienced
lobbyists as needed.
Ms. Cram has provided federal representation for cities for 18 years in
Washington D.C. Her clients include the cities of Portland, Oregon, Bellevue,
Washington, and Modesto, California. As you know, she has also worked for the
City of Newport Beach on a number of priority projects.
SCOPE OF SERVICES
The City of Newport Beach's Department of Water is seeking a firm to find
federal funding for improvements to the Big Canyon Reservoir. Ms. Cram would
work with the Department and its representatives, such as Steve Bucknam, to
PORT O. OREGON WASHINGTON. D.C. BEND. OREGON
BALL JANIK LLP • •
develop a rationale for funding improvements to the reservoir. Once the
perimeters of the project are established, she would seek the appropriate funding
vehicle for it — either through the Water Resources Development Act Section 219
environmental management fund or through appropriations from the State and
Tribal Assistance Grants (STAG) program at the Environmental Protection
Agency. In the recently passed Fiscal Year 2001 appropriations bill for the
Departments of Veterans Affairs, HUD and Independent Agencies (including
EPA), the STAG program included 327 earmarked projects for "water and sewer
infrastructure improvements ". Some projects of a similar nature were also
funded in the same bill under the Department of Housing and Urban
Development's Economic Development Initiative program.
The next Congress will potentially consider a new authorizing vehicle to fund the
enormous backlog of unmet water and sewer needs nationwide. This legislation,
which has been the focus of a large public and private sector educational effort,
will likely be drafted with the help of the newly formed House Caucus to address
sewer and water infrastructure issues. It may also present opportunities for
specific projects to receive authorization for funding as it may be modeled after
the landmark transportation bill, the Transportation Equity Act of the 215` Century.
The lobbying strategy and approach that will ultimately be chosen must be
achieved in consultation with the City Manager's office to ensure that all the
City's appropriation request efforts are consistent and coordinated.
Ms. Cram would then work closely with Senators Boxer and Feinstein, and
Representatives Cox and Rohrabacher, as well as with Committee staff and
agency personnel to ensure an understanding of the project. She would urge the
inclusion of the project in the congressional delegation's request letters to the
appropriate committees, help draft language, monitor committee mark ups and
the drafting of report language in both chambers. Throughout the process she
would keep the client informed of progress on a regular basis.
ESTIMATE OF COST
Ball Janik has a variety of billing arrangements with its clients and is willing to
entertain any reasonable arrangement that would be of interest to the City.
A number of our clients desire to be billed at an hourly rate plus out of pocket
expenses. Ms. Cram's hourly rate is $200 while that of her associate, John
Lopez, is $125. Out of pocket expenses are itemized each month on our billing
statements and tend to approximate 10% of total fees. They include faxes, long
distance phone, copying, overnight mail, travel and meals. Typically, travel
outside of Washington D.C. is only arranged with prior consent of the client.
BALL JANIK LLP •
�.J
Other clients prefer to be billed at a flat monthly rate plus expenses not to exceed
a certain amount. Our public sector clients who must adhere to strict, proscribed
budgets regardless of workload typically prefer this arrangement.
Our perception is that the City of Newport Beach's Department of Water's
interests (which will be limited to one project— funding for the reservoir) would
represent approximately $2500 per month of time appropriately allocated to
various individuals with their varying hourly rates. Again, the out of pocket
expenses are likely to average about $300 per month or less.
This estimate is based upon our understanding of the City's needs and our
experience in representing numerous other local governmental entities.
In conclusion, thank you for considering our services. We are excited to have the
opportunity to propose to represent the City in Washington DC again and look
forward to talking with you soon. I am sending via overnight mail some
attachments to supplement the information in this letter, including background
information on myself and other lobbyists in the firm.
Have a great Thanksgiving!
Sincerely, n
Victoria Cram
^"Z4 14t4. • Exhibit C
30131 Town Center Drive, Suite 295
Laguna Niguel, CA 92877
(949) 3635461, (949) 363.6505 Fax
Email: csbjr @prodigy.net
November 27, 2000
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Attn: Eldon G. Davidson, PE
Utilities Services Manager
Management Studies & Services
Public works Management
Water Resources Planning
City Engineering Services
Operational Studies
Subject: Proposal for Professional Services - Program Management Support Federal, State and
Regional Grant & Loan Programs
Dear Eldon:
Thank you for the opportunity to present this proposal to provide on -call consultation to the City in
conjunction with support service to identify and develop funding opportunities for its Public Works
infrastructure programs. Based upon our recent discussions the work will involve the following
basic services:
1. Consultation in Conjunction with the City's Federal Appropriations Request for FY 2001 -02
Provide consultation relative to the conceptual development of federal funding program
proposals for Authorizations and Appropriations under the U.S. Environmental Protection Agency
(EPA), U.S. Army.Corps of Engineers, and Federal Emergency Management Agency Programs
Liaison, technical consultation and coordination with the City's City administrative staff relative
to legislative advocacy.
2. Consultation in Conjunction with State and Regional Funding Programs
• Technical assistance in working with the State Office of Emergency Services (DES) in seeking
Pre - Disaster Mitigation Grants for seismic risk to water and wastewater systems.
• Technical assistance in seeking supplemental State and Regional funding to match federal
funding appropriations.
• Assistance in preparing State Infrastructure Bank Loan Applications for selected infrastructure
improvement programs and projects if required.
�L
0 0
3. Technical Assistance in Federal, State Programs and Regional Funding Programs
Coordination with Public Works Department— Utilities Division staff to provide technical support
and program management, on an on -call basis, for projects subject to consideration for federal
or state funding.
Coordination regarding potential cooperative projects with public agencies such as the County
Sanitation Districts of Orange County (CSDOC), Orange County Water District (OCWD),
Municipal Water District of Orange County (MWDOC), or the Metropolitan Water District of
Southern California (MET).
It is suggested that contract performance reviews with the Utilities Services Manager be conducted
on a monthly basis throughout the duration of the consulting assignment; to assure that both
performance and fiscal goals are met. Written status reports will be prepared on a monthly basis and
submitted with monthly invoices for the program services delivered.
These services will be provided under the leadership of C. Stephen Bucknam Jr., P. E. who will
serve as Program Manager. Mr. Bucknam, a former Deputy City Manager, City Engineer and Chief
Engineer of Utilities has over 33 years of experience; half of which was in the public sector in
responsible management positions. Recent consulting assignments have included: Program
Management support for federal and state program funding for the cities of Arcadia, Sierra Madre,
Norwalk, Huntington Beach, Santa Monica and Newport Beach. Program planning services for the
cities of Huntington Beach, Newport Beach, Rancho Cucamonga, Huntington Beach, Westminster,
Cypress and Arcadia. Support services will be made available to the City through key Bucknam &
Associates staff and sub - consultants in functional areas of administration, financial, institutional and
legislative liaison practice.
Providing sub consultant support on technical matters would be Wayne T. Grandin, and Karl Wfebe.
These support services would be provided where appropriate and only if pre - approved by the City.
Detailed resumes and references for Mr. Bucknam and the key support staff can be provided upon
request.
Task Items 1 through 3 can be accomplished on a time and materials basis not to exceed basis in
accordance with the standard hourly rate schedule attached. An anticipated budget through the end
of Fiscal Year 2000 / 01 would be $8,500. Should the City desire to increase or decrease the service
level above that described or require other services not described herein, a fee adjustment would be
negotiated and mutually agreed upon by both parities. Please note that we consider the level of work
efforts described above and compensation for same to be fully negotiable.
I would be glad to meet with you to discuss the specifics of this proposal at your convenience. Thank
you for considering our services, we look forward to providing consulting services to the City on its
water resources programs. Please call me if you have any questions in regard to this proposal at
(949) 363 -6461.
2
,;
0
Very truly yours,
Encl.:
cc: M. Dickens
I6
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this `.= L day of ` i 'i 1999, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and Bucknam & Associates, whose address is 3151 Airway Avenue, Suite
F208, Costa Mesa, California, 92626 -4623, (hereinafter referred to as "Consultant'), is
made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to apply for Federal Funding for Water and Wastewater
Infrastructure Systems ( "Project').
C. City desires to engage Consultant to provide professional program
management associated with Federal Funding Appropriation Requests for
FY 1999 -2000 upon the terms and conditions contained in this Agreement.
D. The principal member of Consultant for purpose of Project is C. Stephen
Bucknam Jr.. P. E.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
-1-
1
E
E
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the � day of , � 1999,
and shall terminate on the 30th day of June 2000, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
fourteen thousand five hundred dollars ($14,500).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
-2-
0
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
-3-
0 0
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents 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.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of construction
contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor "), construction means, methods, techniques, sequences or procedures, or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
0
0 0
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details in means of performing the work provided that Consultant is in compliance with the
terms of this Agreement. Anything in this Agreement which may appear to give City the
right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
-5-
0 0
during term of Project. Consultant has designated Steve Bucknam to be its Project
Manager. Consultant shall not bill any personnel to Project other than those personnel
identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior
written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement
person to Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified below. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays, which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
M
0
of the condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
-7-
L]
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
IN
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
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 City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
so
0 0
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
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 of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint- venture.
15. OWNERSHIP OF DOCUMENTS
-10-
•
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
-11-
• 0
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
511821
i •
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
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.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
-13-
• •
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted
without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
-14-
0 0
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach Utilities
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3011
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: C. Stephen Bucknam Jr., President
Bucknam & Associates
3151 Airway Avenue, Suite F208
Costa Mesa, CA 92626 -4623
(714) 850 -9310
Fax(714)540 -4625
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
-15-
0
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
an
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.
31. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
-17-
0 0
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
In
i .
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
\ \mis_l \sys\ users \util\ shared \terresa \bucknamfedfpsa \.doc
sm
CITY OF NEWPORT BEACH
A Municipal Corporation
L7)
By:
Do ebb, Director Public Works
City of Newport Beach
CONSULTANT
7
4 en Bucknam Jr., Pre ent
Bucknam & Associates
0
Scope of Work
Stage 1A Services
0
• Provide assistance to the City in relation to a modified project definition and
conceptual scope for acquiring Federal Funding assistance for the Planning phase
of the Newport Beach Water & Wastewater System Reliability Project.
• Provide assistance to the City in determining the scope of services for a seismic
reliability analysis of the Big Canyon Reservoir facility. Work will include a review of
extant reports and documentation relative to the reservoir leading to preparation of a
draft scope of work for the conduct of the analysis.
• Provide technical representation to the City, as requested, before the California
Water Commission for it's FY 1999 -00 appropriation request under the Water
Resources Development Act.
• Provide technical assistance to the City as requested in coordinating appropriation
requests under the Clean Water Act (EPA) or the Stafford Act (FEMA).
• Represent the City on the Statewide Seismic Reliability Task Force developing
standards for future Seismic Reliability studies and technical assistance programs.
• Prepare various reports and conduct briefings on study scope definition for City staff
& officials.
• Provide liaison with the Corps of Engineers, Los Angeles District management and
project manager in regard to the scope and intent of the City's appropriation
request.
• Coordinate by phone and in person with the City's legislative advocacy consultant
on matters related to the Study's appropriation request progress and definition.
• Assist the City in exploring financial assistance opportunities for in -kind and dollar
contributions by other agencies to provide local sponsor match monies for
subsequent phases of the project.
Stage 1 B Services
• Following successful appropriation of funds for Stage 1, initiate the formation of and
chair a Technical Advisory Committee to provide ongoing guidance throughout the
development of the Stage 1 Study document.
• Work with the Corps of Engineers to finalize a Stage 1 Scope of Work for their use
in procuring consulting services for the Study efforts.
Exhibit "A"
STANDARD HOURLY RATE SCHEDULE
Categoav Rate
Principal
$150
Senior Project Manager
130
Project Manager
120
Senior Engineer /Planner
110
Management Analyst
100
Project Engineer /Planner
95
Engineer /Senior Technician
75
Assistant Engineer /Technician
68
CADD Operator
65
Administrative Assistant
60
Clerical/Word Processing
55
Forensic Services
Quote
Reimbursable Expenses
Mileage
$0.35 /mile
Subconsultant Services
Cost + 10%
Reproduction
Cost + 10%
Travel & Subsistence
Cost + 10%
Fees & Permits
Cost + 10%
Computer Services (External)
Cost + 10%
Plotting Bond or Vellum
$2.50 ea.
Color
$8.00 ea.
Exhibit "B"
0
A i ,O IED
TO: Mayor And Members Of The City Council
FROM: Public Works Department
March 8, 1999
CITY COUNCIL AGENDA
ITEM NO. 11
SUBJECT: PROFESSIONAL SERVICES FOR PROGRAM MANAGEMENT ASSOCIATED
WITH FEDERAL FUNDING APPROPRIATION REQUEST FOR FY 1999 -2000
FOR WATER AND WASTEWATER INFRASTRUCTURE SYSTEMS
RECOMMENDATION:
Authorize the retention of Bucknam & Associates, Inc. of Costa Mesa, California, for program
management support services in the amount of $14,500. The principal of the firm was a City
employee prior to 1979.
DISCUSSION:
Federal Funds may be available from several sources to provide seismic upgrades on water and
wastewater facilities that need to be upgraded. In the last 2 -4 years other Southern California
• agencies have been successful in obtaining grants. We hope to secure a federal appropriation in
FY 1999 -2000 for the following programs by using the services of Bucknam & Associates and the
Washington D.C. advocacy consultant, Vicki Cram:
Water and Wastewater Infrastructure Restoration Study
This work involves a request for funds in the amount of $600,000 through the United States
Environmental Protection Agency ( USEPA) for the Newport Beach Water and Wastewater
Infrastructure Restoration Study. This feasibility level study will analyze the ability of the City's
water and sewer systems to withstand the effects of a Design Base Earthquake (DBE) event on the
Newport Inglewood Fault and will develop Alternative System Improvement Plans to mitigate the
effects on damage to these systems. The focus will be upon the maintenance of lifeline, public
health and safety through retaining adequate water for domestic use and fire protection to protect
drinking water quality. An analysis of the structural integrity of the water system wells, pump
stations, reservoirs (including Big Canyon Reservoir) and transmission and distribution pipelines will
be conducted. The sewer system's pump stations and trunk and collector lines will be analyzed for
their ability to remain intact and functional following a DBE.
Construction of Big Canyon Reservoir Cover, Structural Reinforcement and Treatment
Facilities
An appropriation request will be made for $5 million from the USEPA for the construction of a
Hypalon plastic cover for the City's 600 -acre foot Big Canyon Reservoir facility. Also included in the
. request is the structural reinforcement of the reservoir and the construction of a new water
treatment facility to provide chloramination consistent with new treatment facilities at the 161h Street
reservoir facility. Accomplishing this work will bring improvements to water quality in the City's
Subject: Professional Services for4kram Management associated with Federal Fundino, ropriation Request for FY 1999-
2000 Water and Wastewater Infrastructure Systems
March 8, 1999
Page 2
system and consistency in the treatment methodology used by our imported water supplier, •
Metropolitan Water District
GENERAL FEDERAL PROGRAM SUPPORT
The City will be working with its Legislative Advocate in pursuing potential future funding sources
beyond FY 1999 -2000 through the U.S. Army Corps of Engineers Seismic Reliability Program
(SRP) and the Federal Emergency Management Agency's Pre - Disaster Mitigation Program.
Efforts will be made to seek reauthorization of the SRP through the Water Resources Development
Act (WRDA) by an increase in funding levels to provide for construction expenditures under the
program. WRDA funds could then be utilized in the future by the City for design and construction
of facilities identified in the EPA study. Other funding sources being pursued are the
reauthorization of the Stafford Act, providing potential funding through FEMA, and the State Office
of Emergency Services (OES) regarding Pre - Disaster Mitigation studies, design and construction
programs for which the City could become eligible.
Bucknam & Associates has worked with several agencies throughout Southern California in the last
5 years. They provided program management and technical assistance to various cities and water
districts in seeking, obtaining and managing the expenditure of federal funds for infrastructure
restoration and reliability projects. Their clients include the Cities of Huntington Beach, Santa
Monica, Norwalk, Arcadia, Sierra Madre, Beverly Hills, Seal Beach and Monte Vista Water District.
Staff has negotiated a scope of services to provide program management support to the City in the
amount of $14,500. City Council Policy J -1 requires approval by the Council of a Professional
Services Agreement with prior City employees. Mr. Bucknam was employed by the City from 1969 •
to 1979.
It may be beneficial for a City Council Member to visit with legislators in Washington D.C. during
March to help explain the porjects scope and needs.
FUNDING:
Funds for this program are available in Wastewater and Water Enterprise accounts.
Respectfubmi ted,
PUBLIC WORKS DEPARTMENT
DON WEBB. DIRECTOR
Eldon G. Davidson, P.E.
Utilities Manager
Attachments: Exhibit "A ", Bucknam & Associates Proposal
Exhibit "B ", Fact Sheet for Water & Wastewater Infrastructure Restoration Study
Exhibit "C', Fact Sheet for Big Canyon Reservoir Cover & Treatment Facilities
\ \MIS 1 \SYS\ Users \PBW\ Shared\ COUNCIL \FY98 -99 \Mar- 8 \Wastewater.doc '�
0
0
3151 Almay Avenue, Suite F208
Costa Mesa, California
92626 -4623
(714) 850 -9310, (714( 5404625 Fax
Email EBSM92A@Prodigy.Com
February 9, 1999
City of Newport Beach
3300 Ne"port Boulevard
Nellport Beach, CA 92658
Mar:agement Studies & Services
Public Works Management
Water Resources planning
Qty Eugmeenng servrces
OperaUcnaf Studies
�S
Attn: Eldon G. Davidson. P.E.
Utilities Manager
Subject: Program Management Services Stage I - Newport Beach Water & Wastewater
Infrastructure Reliability Study
Dear Eldon:
Thank you for the opportunity to present this proposal for the continuation of professional services in
conjunction with the Program Management of the Corps of Engineers Stage I Planning Study - Appropriations
phase of the Newport Beach Water & Wastewater Infrastructure Reliability Study (WWIRS). Services which
will be provided under each respective Stage include the following:
Scope of Services
3 St.tne Iri - Serlices
• Provide assistance to the City in relation to a modified project definition and conceptual scope
for acquiring Federal Funding assistance for the Planning phase of the Newport Beach Water
& Wastewater System Reliability Project.
• Provide assistance to City in determining the scope of services for a seismic reliability
analysis of the Big Canyon Reservoir facility. Work will include a review of extant reports
and documentation relative to the reservoir leading to preparation of a draft scope of work for
the conduct of the analysis.
• Provide technical representation to the City, as requested, before the California Water
Commission for it's FY 1999 -00 appropriation request under the Water Resources
Development Act.
• Provide Technical assistance to the City as requested in coordinating appropriation requests
under the Clean Water Act (EPA) or the Stafford Act (FEMA).
Exhibit "A" 3
• Represent 416Y on the Statewide Seismic Reliability T,*Force developing standards for
future Seismic Reliability studies and technical assistance programs
• Prepare various reports and conduct briefings on study scope definition for City staff &
officials
• Provide liaison with the Corps of Engineers, Los Angeles District management and project
manager in regard to the scope and intent of the City's appropriation request
• Coordinate by phone and in person with the City's legislative advocacy consultant on matters
related to the Study's appropriation request progress and definition
• Assist the City in exploring financial assistance opportunities for in -kind and dollar
contributions by other agencies to provide local sponsor match monies for subsequent phases
of the project.
S:a�e 14 - Scrvicns
Following successful appropriation of funds for Stage 1, initiate the formation of and chair
a Technical Advisory Committee to provide ongoing guidance throughout the development of
the Stage 1 Study document.
• Work with the Corps of Engineers to finalize a Stage 1 Scope of Work for their use in
procuring consulting services for the Study efforts
Program Schedule
Stage I services would be provided for the duration of the appropriation process estimated to complete in
September 1999 Services for Stage 1B would be provided if the appropriation is approved through the
selection of a study consultant by the Corps or EPA, anticipated to be January 2000.
Services to assist the City during the course of the study itself, as Program Manager are not a part of this
proposal, but could be provided upon the City's request. All work efforts under this contract will be directed
by myself as Program Manager with assistance from Bucknam & Associates technical and administrative
staff. Technical assistance will be provided from Karl Wiebe of Karl H. Wiebe & Associates in reference to
scoping of the Big Canyon Reservoir seismic analysis and from W.T. Grandin, consultant for general technical
support.
Fee for Services
The above described services can be provided on a time and materials basis, with a suggested budget limit for
each Stage as follows:
Stage I Services - Appropriations Support $11,500.00
Stage 1B Services - Final Scoping & Consultant Selection Support S 3.000.00
Total Estimated Fee $14,500.00
0
0
•
I
�J
Standard Hourly Rate Schedule
Category
Rate
Principal
$150
Senior Project Manager
130
Project Manager
120
Senior Engineer/ Planner
110
Management Analyst
100
Project Engineer/ Planner
95
Engineer / Senior Technician
75
Assistant Engineer/ Technician
68
CADD Operator
65
Administrative Assistant
60
Clerical / Word Processing
55
Forensic Services
Quote
Reimbursables
Mileage
$0.35 /mile
Subconsultant Services
Cast + 10%
Reproduction
Cost + 10%
Travel & Subsistence
At Cost + 10%
Fees & Permits
At Cost + 10 %,
Computer Services (External)
Cost + 10%
Plotting Bond or Vellum
$2.50 Each
Color
$8.00 Each
Rates Effective 1 /159
C: \CmeRBA�dmin\RATE8199.wpd
J
E
Fact Sheet for Special Stud,
Bill: Clean Water Act - EPA
General Program Description
Assistance - Scope of Work
The work effort will involve field investigations including the review of existing information on the
City's water and sewer system infrastructure elements within the study area..The focus of this
study will be upon restoration of water and wastewater service immediately following a major
seismic event and the restoration of water quality for domestic service as well as assurance that
surface and groundwater water quality is maintained The work will involve the coordination of
meetings; prepare draft and final, Special. Study Report consisting of a Program Research and
Assessment and Special Study preparation elements for the City of Newport Beach Water and
Sewer Infrastructure Restoration Study, in accordance with the planning criteria which will be
fumished by the Environmental Protection Agency (EPA) and the requirements as outlined in this
scope of work. The study area is hereby defined as the coastal community of the City of Newport
Beach and adjacent environs within the County of Orange, California' : The report shall consist of
text, fgures,,tables and plates, in accordance with planning and engineering criteria following the
procedures, formats and contents outlined in this scope of work.
Services Required
Overview
The City of Newport Beach's water supply relies. upon both imported sources from the
Metropolitan Water District of Southern California (MWDSC) and: groundwater supplies pumped
from the Orange County Groundwater Basin, managed by the Orange.County Water District:
(OCWD). The water:system consists of the following major components: terminal reservoir,
treatment facilities, welts, booster pump stations, storage reservoirs, transmission and distribution .
systems and meter facilities..: All of these systems. are served by emergency operations.facilities
situated in the City's Utilities Corporation Yard. The City's sewer system is comprised of local and
collector seaver system elements and: wastewater pump station facilities serving this coastal.
community connecting to trunkline sewer, facilities operated by the Orange County Sanitation .;
Districts (OCSD) of:which the;City:is a member agency.. All .:of.these.waterand sewer.: system;
components could be; vulnerable in Varying:degrees to. potential seismic activity'and its: resultant.
ground movement A. nafor;seismrc event could cause significant disrd ion in the.
:.City's
.infrastructure. providing:dorriestid water:and;fire,protection to:.the:.community::In:addition the
potential. exists for,sigmficant threats lo,domestic:water.quality property damage from fires,
breeching of reservoirfacilities, Water main breaks and.sewage spills with resulting contamination
to the adjacent ocean, bays and estuaries abutting the City.
Exhibit "B" 4
0
Program Research and Assessment
•
Work under this task shall entail the conduct of a Research and Assessment for the City of
Newport Beach's Infrastructure Reliability Study (IRS). Research efforts should focus upon the
following areas of concern:
O Feld Investigation - Conducting a field investigation to assess conditions relative to each
water and sewer system infrastructure element under review, including water treatment
facilities and support structures related to emergency response and deployment of staff
and materials.
CI Determination of Design Base Earthquake - Identification of the Design Base
Earthquake (DBE) event which will serve as the basis for assessing seismic damage risk
within the study area.
O Establishing Mapping and Database - Development of a mapping and database system
consistent with the City s Geographic Information System and database platforms entailing
collection for all infrastructure elements being analyzed, pertinent domestic, ground and
surface water quality standards applicable to the study area. The database shall also
encompass buildings associated with emergency response roles in the City including
mapping, as- builts, reports and operational data relevant to each element.
O Groundwater Basin Assessment - Collection of extant literature and reports relative to
local groundwater flow and quality conditions as they relate to faulting and the
hydrogeological features in the vicinity of the City's wellfield located in the City of Fountain
Valley, California.. .
iJ
11
Fo
Water Quality Threat Assessment - A comprehensive review and assessment of the
potential threats. to domestic water quality as a result of the design base earthquake event
and potential damage to water supply, treatment, transmission and distribution facilities
throughout the City would be conducted. Also evaluated would be the potential threat to
public health and sanitation as a result of disfunctions in wastewater pumping facilities.and
sewer trunk and collection. lines in and. around Upper and Lower Newport Bay and the
Pacific Ocean adjacent to the community
Water 8 Wastewater System Planning,Assessment - Assembling relevant . report and
study materials pertinent to the City's water and wastewater system master plans and
project planning-which could affect or be related to the infrastructure elements under study.
A review federal, State, Regional an local water quality regulatory requirements shall also
be analyzed.
Seismic Evaluation of. Big Canyon Reservoir. - This work will involve the conduct of a
geote.clinical investigation into the stability of the embankment containing: Big Canyon
Reservoir, a 60.0 acre foot facility.serving.the:City, :This key:facility constructed in the early
1960's .lies in close proximity: to the. Newport Inglewood Fault and..would cause serious
consequences and effects upon the City's.ability to deliver safe and.reliable water supply
to its constituents in the event of a failure:The investigation and report would ascertain
0
0
n
•
0
any deficiencies and make conceptual level engineering recommendations for mitigating
any weaknesses which may be discovered._:
O Emergency Preparedness Review = Developing a compendium of information relative to
existing emergency preparedness programs for the City as well as regional, state and
federal agencies... .
D Sub- Regional Power Grid Assessment - Ascertaining the nature of sub- regional power
grids serving the study area and determining the nature and extent of portable. and
stationary power. equipment serving the infrastructure elements under consideration.
O Capital Improvement Program Review - Researching the City's current Capital
Improvement Program and long tenn. infrastructure plan relative to each study element to
establish a baseline for future augmentation of the CIP through later studies which will
identify new CIP projects.
The results of the Research and Assessment phase of the work shall be summarized in a brief
summary memorandum.
Special Study
Following the completion 'of. the Research and Assessment phase of these. efforts, a
comprehensive Special.Study shall be prepared. The primary focus areas for investigation and
discussion in the Special Study include but are not to be limited to the following:
O Summary of Research and Assessment Phase
O Definition of Study Area Setting
General Characteristics
Primary. Study Issues..
Water Infrastructure Components
Sewer Infrastructure Components
Water Quality Regulatory Requirements
Emergency Operations Support Infrastructure Components
Determination of. Baseline. Parameters.:
Groundwater Conditions .Water Supply and Quality Issues
Emergency Response Conditions
Federal. Authority .and, Responsibility
O Assessment of Without Project Conditions
Establishment of Seismic Criteria - Hazard Assessment
Water System,. Evaluation Criteria
Sewer System.Evaliiation Criteria
Water System Modeling Modifications
7
0
Sewer. System Modeling Modifications
Potential Impacts on Domestic Water Quality •
Impacts on Ocean Bay and Estua ry Water Quality
Emergency Response Support Infrastructure - Evaluation Criteria
Water Emergency Response;Infrastnicture
Sewer Emergency Response Infrastructure
System Assessment
O Economic Analysis
Damage Repair Cost Assessment
Revenue Impacts
Business Losses
Property Loss - Residential, Commercial and Institutional
Environmental Losses
Summary of Economic Damage from Design Base Earthquake
O Plan Formulation
Statement of Problem
Federal Interest Determination
Program Opportunities and Constraints
Alternative. Project Determination
Evaluation of Alternatives
O Program Conclusions and Recommendations •
System Improvement Plan - 20 Year Planning Horizon
Emergency Response Program
The results of the Special, Study_will be presented along. with the results of the Research and
Assessment phase in a Special Study Report, compiled with appropriate appendices of hard copy
and electronic data assembled for reference.
Requested Funding:
The requested funding for FY 2000 for the development of the Special Study Report for the City
of Newport Beach Water & Wastewater Infrastructure Restoration Study is $600,000.
IC01e� AN'ewyn PA l SCO( 2Mwpd
0
�.1
9
• •
................... .
Construction of Water infrastructurd: Project
EPA ni.
Management Program
Fact Sheet - City of Newport Beach, California
Big Canyon Reservoir Cover & Treatment Facilities
Background:
Since 1959 the City of Newport Beach has been operating the 600 acre foot Big Canyon
Reservoir, a terminal finished water reservoir facility. The reservoir receives water from two
sources, an imported supply delivered from the Metropolitan Water District of Southern California
(MWDSC) and a local groundwater supply located in the nearby City of Fountain Valley, California.
The State of California, Department of Health Services (DHS) has required the City to either
design and construct a floating cover for this open reservoir or to provide advanced water
treatment on all domestic water discharged from the facility into the City's water system. The City
has decided to opt for the floating cover alternate and has completed a Pre - Design Report in
1995. A consultant is under contract for the design of the facility at this writing.
Installation of this cover is imperative in order to continue to safeguard the quality of the drinking
water supply being served to the City's constituents. The cover will also allow the City to develop
a chloraminated water treatment system. These steps will assure that the City will continue to be
. able to meet all federal and state drinking water standards. The City has funded both the Pre -
Design Report and the design services with its own water revenue funds.
LJ
With the study phase completed, and portions of the design phase nearing completion, federal
funds are sought through the United States Environmental Protection Agency (USEPA)
Environmental Management Program to commence construction of this project.
Project Construction Scope:
The project anticipated for construction in Fiscal Year (FY) 2000 has an estimated total
construction cost of approximately $5.0 million. The project scope includes:
O Installation of a Hypalon floating cover over the entire surface of the 600 acre foot Big
Canyon Reservoir.
O Structural reinforcement of the reservoir to meet current seismic standards.
O Installation of a groundwater wellpoint system to collect outflow through the reservoir liner.
O Conversion of the existing chlorination disinfection system to a chloramination disinfection
system for compatibility with MWDSC's imported water treatment chemistry.
O Repair of existing asphalt concrete interior liner
O Miscellaneous site improvements required due to cover installation (i.e. concrete anchor
curb & relocation of existing perimeter fencing)
Exhibit "C" I I
0 0
Construction of Big Canyon Reservoir Cover & Treatment Facilities
EPA Environmental Management Program
City of Newport Beach
Requested Funding:
The requested funding for the construction of a floating cover, structural reinforcement & treatment
facility modifications to provide a safe and reliable source of supply is $5.0 million.
C: \ComreA W ewpoMCNB299.EPABCR.wPd
i
!,1