HomeMy WebLinkAbout12 - Newport Bay Trash Wheel Project — Approval of Amendment of PSAQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 11, 2022
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Bob Stein, Assistant City Engineer
rstein@newportbeachca.gov
PHONE: 949-644-3222
TITLE: Newport Bay Trash Wheel Project — Approval of Amendment
No. One to the Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. (Contract No. 7127-3)
ABSTRACT:
Approval of Amendment No. One to the Burns & McDonnell Engineering Company, Inc.
Professional Services Agreement for the Newport Bay Trash Wheel project is requested
to allow the consultant to perform additional tasks requested by the jurisdictional and
regulatory agencies.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Amendment No. One to the Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. at a not -to -exceed amount of $85,765, and
authorize the Mayor and City Clerk to execute the agreement; and
c) Approve Budget Amendment No. 22-034 appropriating $85,765 in increased
expenditures in Account No. 10001-980000-17X12 (Newport Bay Water Wheel) from
the unappropriated Tidelands Maintenance fund balance.
DISCUSSION:
San Diego Creek is the largest creek entering Newport Bay and contributes approximately
80 percent of the freshwater flow into the bay. Every year, large volumes of trash and
debris enter the bay from the creek. A large portion of this trash and debris is deposited
on the vegetated, inter -tidal areas around Upper Bay, the beaches at the Newport Dunes,
and around the lower harbor. Some of the trash and debris occasionally may exit the
harbor jetty into the open ocean, with a portion deposited on beaches along the Balboa
Peninsula and Big Corona.
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Newport Bay Trash Wheel Project — Approval of Amendment No. One to the
Professional Services Agreement with Burns & McDonnell Engineering Company, Inc.
January 11, 2022
Page 2
In an effort to capture a large portion of the floatable trash and debris being transported
down San Diego Creek, the design and construction of a floating device called the Trash
Wheel was proposed. See Attachment B for the proposed location for the Trash Wheel.
This type of device has been successfully operating in Baltimore, Maryland's Inner Harbor
since 2015. The Trash Wheel is a moored vessel that uses booms to move trash to the
trash wheel where rotating rakes convey the trash onto a conveyor belt that moves the
material up and into a dumpster. The trash rakes and the conveyor belt are powered by
the creek's current and solar power. Once the dumpster is full, it is transported to a landfill.
On March 24, 2020, the City Council approved the Professional Services Agreement with
Burns & McDonnell Engineering Company, Inc. (Attachment C) to prepare construction
documents and obtain regulatory permits and approvals for the Newport Bay Trash Wheel
project (also called the Trash Interceptor) for a not -to -exceed fee of $464,925.
In September 2021, 75% complete drawings were submitted to the County of Orange,
US Army Corps of Engineers, California Department of Fish and Wildlife, Santa Ana
Regional Water Quality Control Board, California Coastal Commission and the County of
Orange. The agencies have been supportive and provided constructive comments, some
of which require new tasks including preparing:
• A terrestrial habitat survey and technical memorandum,
• A Habitat Mitigation and Monitoring Plan,
• A Project Alternatives Analysis,
• A submittal for an essential fish habitat consultation with US Fish & Wildlife
Service,
• Additional detailed construction -phasing drawings to facilitate initial construction
next winter,
• Additional detailed phasing, site security and operational control drawings with
logic diagram for the site's operational controls for remote (as well as local)
monitoring and operation,
• An expanded Operation & Maintenance Plan to address site security and
operational controls, and
• Fee payments for agency permits.
As approved, these additional tasks would be funded under Amendment No. One to the
Burns & McDonnell Engineering Company Professional Services Agreement.
The project schedule calls for submitting 95% complete construction documents at the
end of January 2022. With permit approvals, the initial construction tasks would
commence at the end of 2022 with a projected project completion in Spring 2024.
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Newport Bay Trash Wheel Project — Approval of Amendment No. One to the
Professional Services Agreement with Burns & McDonnell Engineering Company, Inc.
January 11, 2022
Page 3
FISCAL IMPACT:
As approved, the proposed budget amendment would appropriate $85,765 to the
Newport Bay Water Wheel CIP Account No. 10001-980000-17X12 in the Tidelands
Maintenance Fund to allow for the additional tasks requested by the jurisdictional and
regulatory agencies. Tidelands revenue is generated from the operation of the City of
Newport Beach's tidelands including rents from moorings, piers, and leases, as well as
income from parking lots. Currently, the operating expenditures of the Tidelands exceeds
the revenues and is subsidized by the General Fund.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find the professional services agreement with Burns
& McDonnell is not subject to the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
NOTICING:
The 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).
ATTACHMENTS:
Attachment A — Budget Amendment No.
Attachment B — Location Map
Attachment C —Amendment No. One to
Agreement
22-034
the Burns & McDonnell Professional Services
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'Pp�r ATTACHMENT A
°��._j! IS, City of Newport Beach
W 's BUDGET AMENDMENT
2021-22 BA#: 22-034
Department: Public Works
ONE TIME: Dyes []No
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY — � y _
Finance Director: Date I�/e�0/ �t
El COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations from unappropriated Tidelands Maintenance Fund Balance to fund Newport Bay ❑from existing budget appropriations
Water Wheel. ❑from additional estimated revenues
❑✓ from unappropriated fund balance
REVENUES
Fund #
Org
Object Project Description
Increase or (Decrease) $
Subtotal $
EXPENDITURES
Fund #
Org
Object Project Description
Increase or (Decrease) $
100
10001
980000 17X12 TIDE&SUBMERGED LAND CIP - CIP EXPENDITURES FOR GL 85,765.00
Subtotal) $ 85,765.00
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
100
300000
TIDE & SUBMERGED LANDS FUND - FUND BALANCE CONTROL
(85,765.00)
Subtotal) $ (85,765.00)1
Fund Balance Change Required
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ATTACHMENT B
12-5
ATTACHMENT C
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 11th day of January, 2022
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation ("Consultant"), whose address
is 140 S. State College Boulevard, Suite 100, Brea, California 92821, and is made with
reference to the following:
RECITALS
A. On March 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") for professional engineering, design and construction
management for the City's proposed trash wheel project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, and this Exhibit B to Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Fifty
Thousand Six Hundred Ninety Dollars and 001100 ($550,690.00), without prior written
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authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighty Five Thousand Seven Hundred Sixty Five Dollars and 001100 ($85,765.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_fz z) q/Ll
By:{�
ron . Harp fain 12 t� Ll
ty Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
By:
Renita M. Mollman
Vice President
Date:
By:
Stephen Kane
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
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EXHIBIT A
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1 12.9
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR NEWPORT BAY TRASH
WHEEL PROJECT
AMENDMENT NO. 1
SUMMARY
The following is a summary of the additional scope items under the permitting and design of
the Newport Bay Trash Interceptor and the purpose/reason for the supplemental effort. The
scope of each of these items is then presented with the estimated costs. Detailed cost
estimates presenting labor hours and costs are attached.
Task 10 —Additional Design Detail Sheets and Expanded Operations & Maintenance (O&M)
Plan to Address Comments from Orange County for Encroachment Permit:
Additional Design Sheets - Additional effort is required to address the comments received from
The County of Orange based on comments on the 75% Design to obtain the permit for
construction and operation of the trash interceptor. Additional design effort is needed to
address comments regarding site security, remote and site operational controls, boom system,
and construction phasing. These details will require up to four additional design sheets and
additional supplements to the specifications. The original scope was based on a greater use of
performance specifications with less detail on these items.
Task 11— Permit Fees and Additional Reports and Surveys for Project Permits:
Permit Fees: Permit fees were not included in the original scope because the exact totals were
not known at that time. These permit fees have been paid to submit the regulatory and
resource agency permits for the project.
Additional Reports: Based on comments received from resource agencies during the pre -
application permit consultation, additional reports are needed that were not in the original
scope. These include a Habitat Mitigation and Monitoring Plan (HMMP) to respond to
comments from the California Department of Fish and Wildlife (CDFW) and US Army Corps of
Engineers (USACE). An Alternative Analysis is also required per comments from the CDFW and
Santa Ana Regional Water Quality Control Board (SARWQCB).
Additional Surveys: In response to comments from CDFW, additional biological surveys are
required. This includes first developing a summary of previous surveys, and then conducting a
habitat assessment and report for the Stream Alteration Agreement. Additional consultation
with CDFW is needed to present these previous and additional surveys.
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Task 14 - Additional Details to O&M Plan:
Additional effort is required on the O&M Plan to address comments from Orange
County Flood District (OCFD) that includes additional detail and consultation on greater site
security and remote and site operational controls.
SCOPE OF ADDITIONAL WORK:
TASK 10
Task 10 — Construction Documents and O&M Plan Details to Address Comments from County
of Orange on Encroachment Permit
Consultant shall prepare the following additional design drawing sheet details and expanded
special provisions to address the comments received from Orange County based on the 75%
Design to obtain the permit for construction and operation of the trash interceptor. Consultant
shall complete these design sheets and special provisions to include as part of the 90% Design
submittal for review and comment by City. City comments shall be incorporated and revised
drawings and specifications as part of the 100% Design back -check. Comments from City on the
100% back -check shall be incorporated in to the final 100% Design package.
Site Security Detail Sheet and Expanded Performance Special Provisions: Consultant shall
prepare a design detail sheet on the project security measures that include layout and details of
site security lighting, security cameras for the truck access/turnaround, rail system, trash
interceptor and trash booms. Site security details shall also be provided for access gates at
Jamboree Road and into the container drop off and pick up area. This includes location and
type of security for access. Special Provisions shall be expanded to include performance-based
requirements for site security elements that include security lighting, cameras, access gates and
locks.
Site Operational Controls and Alerts Detail Sheet and Expanded Performance Special
Provisions: Consultant shall prepare a design detail sheet on the site operational controls that
include site and remote shut off controls that include controls for the water wheel engagement
to the rake and conveyor, rail winch, and water pump. This includes location and type of
controls and connections to the site power source. The locations and type of system and site
monitoring and alerts shall also be presented. A logic diagram of the operational controls shall
be provided to indicate whether on-site or remote control is provided, alerts and power and
communication connections. Special Provisions shall be expanded that include performance-
based requirements for site operational controls, remote monitoring and system and security
alerts.
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Construction Phasing and Staging Design Sheets: Consultant shall prepare a design sheet and
expand the Stormwater Pollution Presentation Plan to show the construction phasing to
address comments from Orange County in up to two additional design plan sheets. The sheet
shall present each phase of the construction and define for each phase the associated grading
and erosion and sediment control.
TASK 11
Task 11- Permit Fees:
Consultant shall pay for the following permit fees for the
applications for the trash interceptor project. Additional permit fees not listed will be paid by
others: County of Orange Encroachment fee application for the design field studies: $1,107.
• California Department of Fish and Wildlife (CDFW) Stream Alteration Agreement
application fee: $5,875.80
• Santa Ana Regional Water Quality Control Board (SARWQCB) 401 Certification Permit
fee: $2,066
Task 11— Permit Reports and Consultation: Consultant shall prepare the following
reports in response to comments received from resource and regulatory agencies during the
preapplication consultations. Consultant shall prepare a draft of each of these reports for
review and comment by the City of Newport Beach Public Works Department (City.) City
comments shall be incorporated, and the revised reports submitted to the resource agencies as
part of the permit applications. Consultant shall respond to comments on these reports and
provide up to one set of responses and revisions to these reports.
• Habitat Mitigation and Monitoring Plan (HMMP) —Consultant shall prepare the HMMP
for inclusion with the CDFW Stream Alteration Agreement, US Army Corps of Engineers
(USACE) Section 404 of Clean Water Act permit, and the California Coastal Commission
(CCC) Coastal Development Permit (CDP).
Alternative Analysis: Consultant shall prepare the Alternative Analysis for inclusion in
the permits to the SARWQCB and USACE.
• Essential Fish Habitat Consultation — Consultant shall conduct consultation with the
USACE on Essential Fish Habitat and provide available data and surveys to respond to
comments from USACE. No in -stream surveys are included in this scope.
Task 11— Biological Survey Summary and Habitat Assessment Survey: Consultant
shall compile previous survey data conducted during the CEQA process and summarized the
results to identify the list of potential sensitive species. This summary of previous biological
survey findings is to address comments from CDFW on the Stream Alteration Agreement permit
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application. Consultant shall support City in providing responses to CDFW comments and in
additional consultation with CDFW. These additional consultations include developing an
approach to addressing comments from CDFW on additional biological surveys and post
construction maintenance of mitigation areas that are on non -City owned property.
Consultant shall conduct a habitat assessment survey and prepare a technical memo of the
results for submittal to CDFW. The habitat assessment shall identify if habitats are present that
would support the sensitive species identified in previous surveys. If habitats are identified,
then per the CEQA document, the mitigation is to conduct pre -construction surveys for
potential sensitive species. No species-specific surveys will be conducted as part of this scope.
TASK 14
Task 14— Operations and Maintenance Plan -Additional Site Security and Operational Details:
Consultant shall prepare sections of the 0&M Plan to address requests from OCFD for
additional detail on site security and operational controls to secure the system remotely.
Additional detail shall be provided on securing the floating and land-based systems during high
water storm events.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1 12-14
EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR NEWPORT BAY TRASH
WHEEL PROJECT
Amendment No. 1 Cost Summary
Task — Supplementation Work
Total
Description
Task 10 — Additional Design Plan Sheets
and Expanded Special Provisions to
$47,220
Address OC Comments
Task I 1 Permit Fee
$9,049
Task 1 I Additional Reports to Address
$14,536
Agency Comments
Task 11 Additional Surveys to Address
$9,200
Agency Comments
Task 14 Expanded O&M Plan to Address
$5,760
OC Comments
Total
$85,765
NOT TO EXCEED TOTAL
$5501690
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