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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