HomeMy WebLinkAbout04 - Big Canyon Reservoir Floating Cover ReplacementEWPO CITY OF
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NEWPORT BEACH
City CouncH Staff Report Agenda Item No. 4
March 27, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3311, sbadum @newportbeachca.gov
Municipal Operations Department
Mark Harmon, Municipal Operations Department Director
949 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: Michael J. Sinacori, P.E.
APPROVED:
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TITLE: Big Canyon Reservoir Floating Cover Replacement - Approval of
Professional Services Agreement with MWH Global for Engineering
Design Services and Budget Amendment
ABSTRACT:
The Big Canyon Reservoir (BCR) in Corona del Mar is a 200 Million Gallon domestic
water reservoir which serves the entire City of Newport Beach and is equipped with a
floating cover. The floating cover is showing signs of extensive deterioration and recent
inspection reports have recommended that it be replaced. In addition, due to on -going
litigation regarding the floating cover, a budget amendment is necessary to cover
unanticipated costs of litigation.
RECOMMENDATIONS:
1. Approve a Professional Services Agreement with MWH Global of Irvine,
California, for design and construction support services for the replacement of
the Big Canyon Reservoir Floating Cover at a not -to- exceed fee of $294,706, and
authorize the Mayor and City Clerk to execute the Agreement
2. Approve Budget Amendment No. 12BA -029 appropriating $130,000 from the un-
appropriated Water Enterprise Fund to the Outside Counsel Account No. 5500-
8657 and $294,706 from the un- appropriated Water Enterprise CIP Master Plan
Fund to the Big Canyon Reservoir Floating Cover Replacement CIP Account No.
7511- C6002011.
Big Canyon Reservoir Floating Cover Replacement - Approval of Professional Services
Agreement with MWH Global for Engineering Design Services and Budget Amendment
March 27, 2012
Page 2
FUNDING REQUIREMENTS:
The Budget Amendment records and appropriates $130,000 from the un- appropriated
Water Fund Balance for anticipated litigation costs and $294,706 in increased
expenditure appropriations from un- appropriated Water Enterprise CIP Master Plan
fund balance for consultant design services.
DISCUSSION:
The City -owned and operated BCR is a 600 -acre foot (200M gallon) potable water
storage reservoir located in Corona del Mar. This reservoir at full capacity provides
enough water to supply the City with 10 days of average demand. This facility was
originally constructed in the early 1960's as a main delivery point for imported water
from the Metropolitan Water District. When it was constructed, an open water reservoir
was a more typical and acceptable facility. However, as water quality standards have
became more stringent over the years, the Department of Health Services (DOHS)
mandated that the City cover the reservoir or abandon the facility. In 2005 the City
completed the installation of the current floating cover to satisfy this state requirement.
The cover was intended to last 20 years; however, City staff noticed a significant
amount of degradation to the cover after approximately one -fourth of the 20 -year
lifespan. In December of 2011, the City filed a complaint against the contractor and
subcontractors associated with the manufacturing and installation of the BRC cover. In
summary, the City's complaint alleges the contractor and subcontractors failed to
properly manufacture and install the cover and are in breach of their contracts with
and /or duties owed to the City. Through December of 2011, the City has expended
$52,601 in legal fees related to the Big Canyon Floating Cover litigation and anticipates
spending and $77,400 more by the end of this fiscal year for a total of $130,000
Due to the significant amount of degradation, staff has identified the need to replace the
cover in the next year or two to avoid failure of the cover system that might result in
taking the reservoir out of service and possibly interfering with the normal water system
operations. A design expert in floating cover systems will be retained to prepare the
required contract documents (plans and specifications) to publicly bid the floating cover
replacement project. Staff is recommending replacement with essentially the same
type of system, although different cover materials will be considered and reviewed. In
addition, staff will take this opportunity to look into the possibility of modifying the inlet
piping to improve water quality.
In accordance with Council Policy F -14, on December 13, 2011, staff invited six firms to
submit proposals for design of the floating cover replacement project. Three proposals
were received on January 13, 2012. City staff members familiar with water system and
structural projects have independently reviewed the proposals and evaluated each firm's
qualifications, past experience on similar projects, and availability before ranking MWH
Global as the most qualified. Upon selection, staff negotiated with MWH Global to
Big Canyon Reservoir Floating Cover Replacement - Approval of Professional Services
Agreement with MWH Global for Engineering Design Services and Budget Amendment
March 27, 2012
Page 3
provide design and construction support services for a not -to- exceed fee of $294,706.
MHW Global has satisfactorily completed similar cover projects for other agencies.
The scope of MWH Global professional services includes the following:
• Preliminary design, which includes water quality modeling, floating cover material
and design recommendations and a detailed report.
• Design, which includes the preparation of construction documents.
• Post design, which include bidding, shop drawing material review and
construction support services.
In addition, during the pre- design and design efforts, Staff and the MWH Global team
will be investigating additional quality control measures that could be employed that will
better ensure a full 20 year life the replacement cover.
If approved, the preliminary and final design efforts can commence immediately. The
overall project schedule requires the consultant's plans and specifications be completed
and ready for advertising for bids by October 2012 with the anticipated floating cover
replacement to happen after the New Year in the Winter /Spring 2013 time frame.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15302(c) (Replacement and
reconstruction of existing utility systems and /or facilities involving negligible or no
expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential to have a significant effect on the
environment.
NOTICING:
This agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Stephen G. Badum, P.E.
Public Works Director
Submitted by:
Mark Harmon /
Municipal Operations Director
Attachments: A. Location Map
B. Draft PSA with MWH Global for the Big Canyon Reservoir Floating
Cover Replacement
C. Budget Amendment
Attachment A
PROJECT LOCATION MAP
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BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT
Attachment B
PROFESSIONAL SERVICES AGREEMENT WITH
MHW AMERICAS, INC. FOR
BIG CANYON RESERVOIR FLOATING COVER
REPLACEMENT AND INLET PIPING IMPROVEMENTS
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this _ day of 2012 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and MHW AMERICAS,
INC., a California Corporation ( "Consultant'), whose address is 19900 MacArthur
Boulevard, Suite 250, Irvine, CA 92612 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to replace the existing polypropylene floating cover at the Big
Canyon Reservoir and to modify the inlet piping.
C. City desires to engage Consultant to provide engineering design services for the
replacement cover and inlet piping at the Big Canyon Reservoir ('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal members of Consultant for purposes of Project shall be Michael
Moore, P.E. and John Cooke, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on January 31, 2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
6
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit B. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit C and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Ninety -Four Thousand, Seven Hundred Six Dollars and no /100 ($294,706.00)
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
MHW AMERICAS, INC. Page 2
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4.3.2 Approved reproduction charges.
4.3.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this
Agreement.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the Fee
Estimate and Rate Schedule as set forth in Exhibit C.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John Cooke, P.E. to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. David Webb,
Deputy Public Works Director, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
7.1.2 Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant and as defined above.
MHW AMERICAS, INC. Page 3
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
MHW AMERICAS, INC. Page 4
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR .
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
IESEK
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
MHW AMERICAS, INC. Page 5
14.2.1 Consultant shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Consultant's bid.
14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subcontractor's employees.
14.4.1.1 Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
MHW AMERICAS, INC. Page 6
10
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subcontractors.
14.8.1.2 Enforcement of Agreement Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
MHW AMERICAS, INC. Page 7
16. SUBCONTRACTING
City and Consultant agree that subcontractors shall not be used unless approved in
advance and in writing by the City prior to the subcontractor performing any Services on
the Project. The subcontractors authorized by City to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and subcontractor nor shall it create any obligation on the part
of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. The City is an intended beneficiary of any
Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a
minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings,
and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days
after finalization of the Project. For more detailed requirements, a copy of the City of
Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the Work. City agrees that Consultant shall not
be liable for claims, liabilities or losses arising out of, or connected with (a) the
1Z,
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a
CD, and should comply with the City's digital submission requirements for Improvement
Plans. The City will provide AutoCAD file of City Title Sheets. All written documents
shall be transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to consultant or contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
MHW AMERICAS, INC. Page 9
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23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
26.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
26.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
111: EF- IN11:40 MAXIM 04011
Page 10
i4
Attn: David Webb, Deputy Public Works Director
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3342
Fax: (949) 644 -3318
27.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: Michael Moore, P.E.
MHW AMERICAS, INC.
19900 MacArthur Boulevard, Suite 250
Irvine, CA 92612
Phone: (949)328 -2400
Fax: (949) 328 -2448
r+�t�A_Ritil;�
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
29.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
29.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
MHW AMERICAS, INC. Page 11
�y
30. STANDARD PROVISIONS
30.1 Compliance With all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 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.
30.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.8 Controlling Law And Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
30.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
MHW AMERICAS, INC. Page 12
E
30.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES NEXT PAGE]
MHW AMERICAS, INC.
Page 13
t-1
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: -: /,- �-
By: ✓
Aaron rp
City Attorney
ATTEST:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Nancy Gardner
Mayor
CONSULTANT: MHW AMERICAS, INC,,
a California Corporation
Richard Plecker
Vice President
By:
David Barnes
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Work
Exhibit B — Project Schedule
Exhibit C — Fee Estimate and Rate Schedule
MHW AMERICAS, INC.
Page 14
1'6
EXHIBIT A
a
�,CtJF'E
--MWH PROPOSAL
Scope of Work
The scope of work to be completed by MWH Americas, Inc. (the Consultant) and our team of
subconsultants for the Big Canyon Reservoir Floating Cover Replacement (the Project) for the City of
Newport Beach (City), California is divided into three phases as described below:
• Phase I - Preliminary Design Report
• Phase II — Detailed Design and Development of Contract/Bidding Documents
• Phase III - Bid Period Support
The following scope of work has been developed for Phase I, II and III only. This scope of work was
assembled according to the requirements of the RFP and in conjunction with specific input from City staff
relative to the tasks, their function and composition, and the schedule for completing the design of the
Floating Cover Replacement in Fall 2012.
The City anticipates that additional services (such as engineering services during construction,
construction management, and special inspection services during construction) will be required following
completion of Phase III. At the request of the City, the Consultant will develop final Scope and Fee for
construction related services following the completion of Phase III efforts, based upon mutually - agreeable
negotiations between the City and the Consultant. A Contract amendment will be issued by the City for
these services.
Phase 0 — Preliminary Design report
LA Project Management
Manage the activities of all in -house and subconsultant work including preparation of a Project Execution
Plan, setup of files, subconsultant agreements, monitoring budgets, schedule, personnel assignments,
monitoring QA/QC activities, and processing of invoices /monthly status reports.
0.0 Project Kick -offs Meeting and Field Visit
Schedule a project kick -off meeting early in the preliminary design phase. The purpose of this meeting is
to tour the reservoir site and review basic project requirements and constraints.
Review existing project documentation such as site survey data, design drawings, site plans, shop
drawings, as -built drawings, and other information on the existing Big Canyon Reservoir floating cover,
inlet/outlet piping, and appurtenances.
Prepare for and attend a field visit to the Big Canyon Reservoir site prior to the kick -off meeting. Discuss
and document current reservoir operations and inlet/outlet configuration for reservoir. Observe reservoir
layout and condition, existing liner conditions, existing pipe layouts, and pipe penetrations at reservoir
floors. Identify and document any new or abandoned facilities not shown on the existing reservoir
drawings.
Prepare an agenda and attend the kick -off meeting at the City offices. The meeting will be attended by
three (3) MWH engineers. Review basic project requirements and constraints, including City preferences
for liner /cover material and system design, cover appurtenances, reservoir water circulation issues, by-
pass piping, valving and other related reservoir issues, reservoir chlorination requirements, operations of
water system while reservoirs are drained, key construction issues, local community concerns, project
schedule, and other issues.
CITY OF NEWPORT BEACI4
BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT
FEBRUARY 2012
Page 1 of 7
MWH PROPOSAL
LC Field Surveying
Prepare description of task items required for field survey of the reservoir site to confirm existing site
features, topography (elevations), and reservoir geometry. MWH will review the surveying scope with the
City before proceeding. Surveying shall be performed by MWH's subconsultant. It is anticipated that the
reservoir water surface elevation will be lowered to the extent possible, prior to the survey, in order to
survey the upper portion of the reservoir side slope walls.
LD Reservoir Water Circulation Study
The reservoir water circulation study and inletloutlet configuration of the reservoir will require a
computational fluid dynamics (CFD) evaluation. The scope of CFD modeling work is as follows:
• Set -Up the CFD Model for the reservoir: collect and review reservoir, piping, water quality, and
other pertinent data. Set up the three - dimensional CFD grid for the reservoir for a "Baseline
Case" scenario.
• In conjunction with the City, establish a simplified flow scenario (inflow /oufflow rates and duration)
and the estimated water surface elevation for modeling the Baseline Case.
• Modeling (Baseline Case): Perform CFD analysis simulation model for the simplified flow
scenario as defined above. Identify maximum water age, water velocity gradients, and mixing
gradients in the reservoir chambers.
C Analyze the Baseline Case model to:
Determine tank mixing efficiency
• Highlight areas of potential dead spots in the tank
• Confirm inlet and outlet locations are suitable
• Confirm sufficient mixing capacity is being applied to the tank
• Alternatives modeling (up to two alternative configurations in addition to the Baseline Case): After
reviewing the Baseline Case with the City staff for acceptability, we will mutually agree if alternate
inlet piping configurations will be analyzed also. Potential variables to be modeled are different
inflow /outflow piping layouts, flow rates, baffles, and water surface elevations (depths).
• Each modeling activity consists of the following steps:
1. Simulate the flow condition
2. Generate figures through post - processing for illustrating the model's results
3. Particle tracking simulation of the predicted flow distribution in the reservoir
4. Residence time analysis for determine mixing efficiency of the tank
With each model run of an alternative, the flow split and velocity pattern in the inlet piping header
and the particle track for the reservoir will be carried out to check further the effectiveness of the
configuration. The model will analyze Residence Time Distribution (RTD) to evaluate mixing
characteristics.
Report: Provide a report describing the methods of analysis and results. The report will
graphically present the calculations and modeling results. The report will be provided as part of
the preliminary design submittal.
LE Preliminary Design Workshop
Schedule and conduct a pre- design workshop prior to submittal of the Draft Preliminary Design Report
(PDR) to review and discuss options and ideas. The workshop will be scheduled after the site visit of the
existing reservoir floating cover.
LF Preliminary Design Report (PDR)
A PDR will be prepared by MWH and submitted to the City and will include a discussion of the following
items:
Identify and evaluate the following NSF - approved floating cover materials: polypropylene and
Chlorosulfonated Polyethylene (CSPE). Research warranty options available for both
CITY OF NEW ?ORT REACH
GIG CAI4YON RESERVOIR FLOATING COYER KEPI Al. EMENT
FSHRLIAR1' 2LI12
Page 2 of
21
a -- -
--' RgWH PROPOSAL
geomembrane materials, including both material and replacement /repair labor costs, and also
consider potential bidding strategies to protect the Owner's floating cover investment from
premature material failure and degradation.
• Identify and evaluate reservoir appurtenances that enhance operations and maintenance
activities, such as access and inflation hatches, floating walkways, air vents for trapped air under
the cover and liner, rain water removal system, interior and exterior cleaning, and debris removal
systems.
• Identify design concepts and costs for modifying existing outlet piping located within the reservoir
to improve reservoir water circulation and minimize operational impacts to the proposed liner and
floating cover.
• Identify design concepts for installing a vertical flexible membrane baffle system inside the
reservoir to increase water circulation in the reservoir and thus improve water quality.
• Consider improvements and /or modifications at the reservoir site to minimize debris loading on
the reservoir covers.
• Provide preliminary drawings showing plans and sections of the proposed layout of the cover and
appurtenances.
• Develop a detailed project schedule, including preliminary and final design, bidding, construction,
and permit acquisition requirements. The project schedule will be developed using a critical path
method scheduling.
• Develop a Class 4 (AACE International Standard) opinion of probable construction cost (OPCC)
for the reservoir floating cover replacement based on recommendations in the preliminary design.
The floating cover replacement costs will be based on cost information solicited from experienced
floating cover fabricators and installers.
LG POR Review Meeting
City review comments on the Draft PDR will be provided (on hard copy). MWH staff will meet with City
staff or discuss via teleconference.
LH 4A/WC
Provide internal quality project review by senior personnel and subconsultant (Mr. Dennis Gerber)
experienced in the design of reservoir liners and covers, and reservoir modifications, to provide general
guidance and design criteria recommendations. In addition, Mr. Gerber will provide internal review and
quality control of the draft products for the PDR.
Phase I Deliverables:
�0 Draft PDR (5 copies)
• OPCC (Class 4) (Included in the PDR)
• CFD Modeling Report (Included in the PDR)
• Final PDR (5 copies)
• Ass umotions:Permitting and agency coordination is not included in this scope of work. It is
assumed that the City will perform the required coordination and permitting with all the agencies
whose approval is required for the construction.
• Evaluation of the approximate remaining useful life of the existing concrete slurry /porous AC
paving liner and a recommendation for the long -term lining solution is not included in this scope of
work.
• A total of three alternatives (including the baseline scenario) will be analyzed for the CFD
modeling.
• Inlet pipe modification will be considered as one of the alternatives in CFD modeling to improve
the water quality in the reservoir. However, the design of the modifications to the inlet pipe is not
included in this scope of work.
CITY OF NEWPORT BEACH
BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT
FEBRUARY 2012
Pago 3 of 7
� Z
- - --
-_.� =nom —,. MWH PROPOSAL
Phase 99 •. Detailed Design and Development of Contract/ Bidding Docunaerits
Final design of the project will proceed based on the approved concepts and layouts established in the
PDR and will constitute a "freeze" of the design at this point. No major changes to the preliminary design
concepts will be made except through mutual agreement between the City and the consultant, including
applicable scope of work and fee revisions, if necessary.
Other final design recommendations made in the PDR for utility water system improvements,
concrete /asphalt liner repair or modifications, vertical geomembrane baffle system, are not included in the
Phase II scope. Other design services not specifically mentioned herein would be authorized separately
by the City as additional Phase II work, if desired.
11.A Project Management
Manage the activities of all in -house and subconsultant work including monitoring budgets, schedule,
personnel assignments, quality control, and processing of invoices. MWH will prepare monthly updates to
the project design schedule.
19.8 Teams Meetings
Schedule and lead meetings with the City to assure all design and operational, and maintenance issues
are addressed. MWH shall prepare each meeting agenda, provide meeting minutes, and action items. It
is assumed that a MWH staff will attend each of the meetings in person or via teleconference. A total of
seven (7) meetings are anticipated as indicated below:
1. Kick -off 60% design / Post Final PDR meeting
2. Progress Meeting
3. 60% submittal preview meeting
4. 60% comments review meeting
5. 90% submittal preview meeting
6, 90% comments review meeting
7. 100% submittal review meeting
II.0 Design Drawings
Prepare the design drawings for the construction of the reservoir floating covers for the Big Canyon
Reservoir. Provide final drawings on standard 24" x 36" bond sheets based on the list of drawings
included herein using 2010 version of AutoCAD and City's drafting standards. The final design will be
based on the following:
• Reservoir floating cover design will be based on the concepts recommended in the Final PDR.
• Electrical design modifications for the reservoir cover dewatering systems will include additional
electrical sump pumps and related connections to the on -site power source and discharge of
removed water to adjacent drainage areas.
1I.0 Contract Specifications
Prepare bidding documents including technical specifications for construction work necessary to complete
the facilities as identified in the Final PDR. The contract documents will be prepared in CSI 17- division, 3-
part format based on using City's front end bid (contract) documents and Division 0 section.
11.E Progress Submittals
Prepare preliminary plans and technical specifications for the reservoir cover project for review by the City
at the end of the 60 and 90% design completion level. Provide half -size drawings on standard 11"x17"
sheets for each review submittal. Five (5) full -size copies shall be provided for each submittal. After
receipt of the 60% review comments from the City, and possibly other agencies, revisions will be made to
the 60% drawings and specifications to produce the 90% submittal. Meet with City staff for a preview
review meeting after both the 60 and 90% progress submittal. The City anticipates a two (2) week review
period for each progress submittal. After receipt of the 90% review comments from the City, and possibly
CITY OF NEWPORT BEACH FEBRUARY2012
BIG CANYON RESERVOIR FLOATING COVER REPLACEME14T Page 4 of 7
23
MWH PrtOPOSAL
other agencies, final revisions will be made to the 90% drawings and specifications to be included in the ~'
final bid documents. MWH shall attend a meeting with the City to answer any remaining questions
regarding the bid documents prior to issuing the final set. Provide a single signed set of final drawings
and specifications (bid documents) to the City. All drawings shall be on bond plots except for the Mylar
title sheet. It is assumed the work will he bid as a single bid package. Final electronic copies of the
drawings and specifications will be provided in AutoCAD and Microsoft Word formats, respectively. The
electronic copy of both the final drawings and specifications will be provided to the City on CD in a single
pdf file. A separate CO will contain the AutoCAD files of the drawings.
BOX Enginee0s; Opinion of probable Construction Cost
A Class 2 (AACE International Standard) OPCC will be prepared at the 100% design completion level as
an estimate of the project construction cost and stated in the bid documents.
11.0 QAIQC
Provide internal quality review and quality control for the final design contract documents; by senior
personnel and subconSUltant (Mr. Gerber) experienced in the design of reservoir liners and covers,
including a detailed check of the 90% progress submittal.
Phase II Deliverables:
60% Design Submittal - drawings, specifications. (five (5) full -size copies)
90% Design Submittal — drawings, specifications, (five (5) full -size copies)
100% Design Submittal- drawings, specifications, Class 2 OPCC, (five (5) full -size copies)
Assumptions:
0 The scope and associated fees for Phase II is dependent on the decisions made by the City in
Phase I. Therefore, the Scope and associated fee for Phase II efforts is considered preliminary
and is subject to revisionlamendment at a later date based upon mutually - agreeable negotiations
between the City and Consultant.
• A non - baffle floating cover design is assumed for this scope of work.
• Utility water piping and related improvements is not included in this scope of work.
• MWH will not perform any geotechnical investigation, soil borings, piezometer data analysis or
subsurface hydrogeological analysis.
• Preparation or review of seismic analysis for the inlet or outlet structure is not included in this
scope of work.
• Dam safety analysis is not included in this scope.
• Review of the existing chemical feed piping system is limited to within the perimeter of the floating
reservoir.
• MWH will not perform any material testing of the existing floating cover.
• MWH will not prepare any California Environmental Quality Act (CEQA) documentation.
• MWH will not prepare any permit documentation (e.g. National Pollution Discharge Elimination
System — National Pollutant Discharge Elimination System [NPDES]).
• The proposed design will not include upgrades to the foundation and sides of the reservoir.
• This project will not deal with the structural integrity and stability of the foundation and sides of the
reservoir.
• CAD base map of site will be provided by the City.
• Supervisory Control and Data Acquisition (SCADA), hardware implementation and software
programming is not included.
• Local Instrumentation & Controls (I &C) control is assumed. No remote control, monitoring, or
telemetry is included.
• Operations & Maintenance (O &M) manual development is not included.
CITY OF NEWPORT BEACH
BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT
FEBRUARY 2012
Pape 5 of 7
24-
MWH PROPOSAL
Construction management or office engineering support during construction is not included. ~a
All specifications shall be produced using Microsoft Word.
Cathodic protection systems are not included in the scope of work.
Roadway design /modifications of the road from the entrance gate leading to the reservoir
perimeter are not included.
The existing power source is sufficient to accommodate new rainwater removal pumps and other
lighting needs. A design or upgrade of the on -site electrical system is not included in this scope of
work.
Project schedule will be developed and updated in Microsoft Project.
Phase Oil — Bid Period Support
Following completion of Phase II services, MWH will assist the City during the bidding process.
OII.A General Bid Support Services
Support the City on an as needed basis during the public bid period. MWH has assumed 32 hours for this
effort.
011.0 Attend Pre -Bid Conference
Attend a pre -bid conference with the City and prospective bidders. Prepare meeting notes during the pre -
bid conference that will be issued as an addendum. Project Manager or Project Engineer will attend
conference.
III.0 Addenda
Assist the City in preparing up to two (2) addenda as requested by the City. Support shall include
providing information and clarification of bid documents to prospective bidders. MWH has budgeted 60
hours for this task.
Deliverable:
• Meeting notes from pre -bid meeting
• Information and clarification to potential bidder's questions
• Addendum drawings and specifications (as required)
Assumptions:
e Bid evaluation is not included in this scope of work.
• The City will screen all questions and requests for information during the bidding period. The City
will forward to MWH only those technical design questions that cannot be answered by the City.
• Preparation of a conformed set of drawings and specifications for construction is not included in
this scope of work
Services Provided by the City
For Phase I and II efforts, the City will complete the following items:
0 Provide existing available information, as -built drawings, etc.
• Provide support and /or assistance as necessary for field surveying work required to verify site -
specific topography, critical elevations, and site dimensions. Provide pot - holing as required to
identify /locate key piping features at each reservoir, for integration with surveying.
• The City will provide MWH with access to the Big Canyon Reservoir on an as- needed basis. The
City will coordinate with Operations Staff for site visits and meetings.
• Perform the required coordination and permitting with California Division Safety of Dams (DSOD),
California Department of Public Health (CDPH) and other agencies whose approval is required
for the design and construction of this project.
CITY OF NEWPORT BEACH
BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT
FEBRUARY 2012
Page 0 of 7
'JS
- -- -- -- _
MWH PROPOSAL
• The City will provide an electronic copy of their in -house standard master specification sections , k—
applicable to this specific project.
• Issue and transmit each addendum to all registered bidders.
Project Schedule
The period of performance for all three phases of the scope of work is assumed to be 9 consecutive
months and is presented in Attachment A
Fee IEstilmate & Leve0 of Effort
The level of effort proposed for each task above is reflected in the number of hours and costs presented
in the Fee Estimate (Attachment B). The MWH work products described throughout this scope of work will
be produced within that stated level of effort and cost. If additional effort or greater work product detail is
desired, budget alignments will need to be agreed between MWH and the City.
CITY OF NEWPORT BEACH
BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT
FEBRUARY 2012
Page 7 of 7
2�-
EXHIBIT -B
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Project Schedule
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EXHIBIT C
Ps
Fee Estimate and Rate Schedule
37,
City nf Newport Beach
Big Canyon Reservoir Floating Cover Replacement & Inlet Piping Improvements
Fee Estimate
Updated, 2JI412012
Contract Hourly Rat.
In
0
P'l
S1 6,7,0
v.
ce WO
vs
Activity
No.
ACTIVITY DESCPjp'nON
-07-
IE
PrelinninaryMesign Report
20
86
116
124 1
142
8
0
40
1 536
$75,586
;$7,200
S3,00D
$15.000
S18,000 I
S100,78G
LA
project Mar2gernont
6
12
6
26
$4.136
1. e
protect Kick-Off Mcclino and Field Visit
8 1
12
12
32
$5,252
31,00D
lac
Field Surveying
1
4
4
S524
$15.000
LD
Water Circulation Study (CFO Modeling)
8
40
142
iso
$24.288
$2.000
RPhasol
LE
Prelinninar, De,slon Workshop
4
20
20
_
20
64
sil.0"
$700
Dr� PDR Pmonmflnn
20
24
40
40
124
$14.IB2
S1,500
-Ph.selesign
80
122
158
330
274
44
36
408
1452
$158,428
$111,00D
$8.001)
$0
SB;000
$177,428
!!A
Pro!� lVianagernent
10
20
16
1 24
70
$10.152
ilail
Tearn Meetings (T)
38
28
64
$12.192
S3.000
1 60% Design - Dfw4ngs
24
40
60
140
186
45D
$33,368
90% Design - Drion-Angs
24
24
60
10D
154
362
S30.664
100% Design-Drowgs
8
8
34
34
63
152
$12.409
lLD
Design Specifications
0
$0
100% Design - Specifications
4
4
14
4
26
$3,774
LE
Progress Submittals (Preparation of packers)
6
24
36
65
$7,032
S7.00D
Phase fl!
aid Phase Support
D
3D
62
0
0
102
$15.242
.259
$0
So
SO
$16,492
llidishase upportServicas
is
16
32
$4.7B4
$250
B
ja2rora'
lIl
%4165'2
--
10
10
40
so
$9.00D
S1.000
ITOTALS
100
Z18
3-04
5-16
36
448
2,090
$249,256
$19,450
$11,000
$294,706
�
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a MWH
MVVH FEE PROPOSAL
City of Newport Beach
Big Canyon Reservoir Floating Cover Replacement Project
Schedule of Hourly Rates
Billing Classifications
Hourly Rates
Company Officer
$262
Principal Professional II
$226
Principal Professional 1
$208
Supervising Professional
$168
Senior Professional
$153
Professional
$131
Associate Professional
$112
Assistant Professional
$95
Supervising Designer
$147
Senior Designer
$131
Designer
$104
Contract Administrator /Sr. Administrator
$109
if Administrative Assistant
$80
Compensation is based on a single not -to- exceed fee based on the following contract terms:
1. Payment of the invoiced amount for the professional engineering services shall be based on
monthly invoices describing the work performed and expenses incurred during the
preceding month.
2. Non - salary expenses and outside services attributable to the Project shall include:
Living and traveling expenses including mileage of employees when away from the
home office on business connected with the services;
o Mileage will be charged at the prevailing IRS rates.
The identifiable costs of reproduction, printing and binding applicable to the project;
A CAD rate in the amount of $16.75 per computer aided design /drafting hour to cover
the hardware, software and related expenses of CAD; and
The actual cost of outside and subcontracted services, and other direct costs identifiable
to the project will be charged at the above - stated cost plus 10 percent to cover
overhead, administration, other indirect costs and profit.
3. Payment shall be due within 30 days after date of monthly invoice describing the work
performed and expenses incurred during the preceding month.
4. Above rates are valid for the year 2012. A 4% fee escalation will be applied to the above
hourly rates on January I" of each consecutive contract year.
Page i of 2
3'-
a NMIH
SUBCONSULTANT BILLING RATES
Dennis Gerber (Floating Cover Specialist)
Schedule of Hourly Rates
Billing Classifications
Hourly Rates
First 200 Hours Worked
$160
Next 200 Hours Worked
$140
Over 400 Hours Worked
$120
Page 2 of 2
3<
Attachment C lb FYI HY of 11 ewpo !6 Beach NO. BA- 12BA -029
BUDGET AMENDMENT
2019 -12 AMOUNT: $a2a,7o6.00
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated Water Fund fund balance for unanticipated litigation costs ($13
and for consultant design services ($294,706), both related to the Big Canyon Reservoir Floating Cover.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
Description
500 3605
Water Fund - Fund Balance
510 3605
Water Capital Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITUREAPPROPRIATIONS (3603)
Amount
Debit Credit
$130,000.00 -
$294,706.00 "
Signed
City Council Approval: City Clerk Date
Description
Division
Number 5500
Water Operations
Account
Number 8657
Outside Counsel - Special Litigation
$130,000.00
Division
Number 7511
Water CIP Master Plan
Account
Number C6002011
Big Canyon Reservoir Cover Replacement
$294,706.00
Division
Number
Account
Number
Division
Number
Account
Number
' Automatic System Entry.
Signed:
Financial Approval: finance
birector
Date
Signed:
�1� A <�-
U n�
3 22 j2,
Administr tive Approval:
City Martager
Date
Signed
City Council Approval: City Clerk Date