HomeMy WebLinkAbout04 - San Diego Creek Trash Interceptor — Award of Contract No. 7127-5 (17X12)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
July 11, 2023
Agenda Item No. 4
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: 949-644-3322
TITLE: San Diego Creek Trash Interceptor — Award of Contract No. 7127-5
(17X12)
ABSTRACT:
The City of Newport Beach (City) has received construction bids for the San Diego Creek
Trash Interceptor project, a.k.a. the Newport Bay Trash Wheel or the Newport Bay Water
Wheel, and requests City Council approval to award the construction contract to the low
bidder, Jilk Heavy Construction, Inc., of Brea, California. Additionally, staff requests City
Council approval of consultant agreements to provide necessary construction services
and geotechnical services for the project.
RECOMMENDATIONS:
a) Find the requirement for environmental review under the California Environmental
Quality Act (CEQA) is satisfied by the September 25, 2018 Council adoption of
Resolution No. 2018-67, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Mitigated Negative Declaration No. ND2018-002
(SCH No. 2018081013) for the Newport Bay Water Wheel Project (PA2018-153),
pursuant to the California Environmental Quality Act, State CEQA Guidelines and City
Council Policy K-3;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 24-008 appropriating $1,173,075 in increased
expenditures in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from
the unappropriated Environmental Liability fund balance;
d) Approve Budget Amendment No. 24-008 increasing State grant revenues and
expenditure appropriations by $1,600,000 in the Environmental Contributions Fund;
e) Authorize the City Manager, or designee to enter into an agreement with the California
Department of Water Resources for the acceptance of $1,600,000 in State grant
funds;
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San Diego Creek Trash Interceptor —Award of Contract No. 7127-5 (17X12)
July 11, 2023
Page 2
f) Award Contract No. 7127-5 to Jilk Heavy Construction, Inc., for the bid price of
$3,981,074 for the San Diego Creek Trash Interceptor project, and authorize the
Mayor and City Clerk to execute the contract;
g) Establish a contingency of $398,000 (approximately 10 percent of total bid) to cover
the cost of unforeseen work not included in the original contract; and
h) Approve Amendment No. Three to the Professional Services Agreement with Burns
& McDonnell Engineering Company (Burns & McDonnell), Inc. for construction
services to increase the total not -to -exceed amount by $256,501 for a total
not -to -exceed amount of $888,210, and authorize the Mayor and City Clerk to execute
the Amendment.
DISCUSSION:
San Diego Creek is the largest creek entering Newport Bay and contributes approximately
80 percent of the freshwater flow entering the bay. Every year, large volumes of trash and
debris, sometimes exceeding 300 cubic yards during heavy storm seasons, is conveyed
into Newport Bay via the San Diego Creek. A large portion of this trash and debris is
deposited on the vegetated inter -tidal areas around the Upper Bay and beaches at the
Newport Dunes, and around the harbor. Some of the trash and debris exits the Harbor
Jetty into the open ocean with subsequent deposition on beaches along the Balboa
Peninsula and Big Corona.
While trash loading into Newport Bay has decreased as upstream cities installed
state -mandated trash control measures, further meaningful reductions will take many
more years to get in place. The remaining quantities of trash and debris that continue to
be deposited into Newport Bay are highly visible and impact the sensitive marine plants
in the intertidal areas and marine life in the subtidal zone. Absent a full -capture system
installed in the San Diego Creek near Highway 405 Freeway, along with enhanced creek
maintenance downstream of the 405, the only feasible way to significantly reduce the
remaining floatable trash and debris loading is installation of a system like the proposed
Trash Interceptor. Hand removal of trash by volunteer groups will likely only prevent the
trash accumulation from getting worse; there is too much trash entering the Bay that
counteracts their efforts.
When first proposed, the Trash Interceptor was to be located in Upper Bay just
downstream of the Jamboree Road Bridge. This would have been a simpler project to
implement as it would not necessitate a rail collection system. It is estimated such a
system would have cost less than $2 million. However, because the proposed location
was within the ecological reserve, the California Department of Fish & Wildlife would not
permit the project. Subsequently, the City worked with Fish & Wildlife staff to identify the
proposed in -channel location just upstream of the Jamboree Road Bridge. See Location
Map in Attachment B.
The proposed San Diego Creek Trash Interceptor project will capture floating trash and
convey it into dumpsters that sit on a raised rail system. The project site is located on the
north bank of San Diego Creek, approximately 800 feet upstream of the Jamboree Road
Bridge.
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San Diego Creek Trash Interceptor —Award of Contract No. 7127-5 (17X12)
July 11, 2023
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Access to the site is via a dirt road on top of the channel bank. There is no power or water
source at the site.
The Trash Interceptor project consists of the following primary components:
1. Floating Trash Wheel System
2. Booms
3. Rail System, Catwalk and Gangway
4. Piles for the Trash Wheel, Booms and Rail System
5. Landside Solar Power System
6. Truck Loading Area
7. A computerized system to remotely monitor and control operations at the site, called
a Supervisory Control and Data Acquisition system (SCADA) will be able to collect
information about site conditions and operation, and remotely control facility
operations.
The first component of the Trash Interceptor, the Floating Trash Wheel, is a moored
vessel that uses booms to move trash toward the trash wheel where rotating trash rakes
convey the trash onto a conveyor belt that then moves the trash up and into two
dumpsters that sit within a sled mounted to a short rail system. The trash rakes and the
conveyor belt are powered by the creek's current and solar power. Once the dumpsters
are full, the dumpster sled is winched landward, and the trash collected by a standard
front -loading trash truck.
At 10 a.m. on May 25, 2023, the City Clerk opened and read the following bids for this
project:
BIDDER
TOTAL BID AMOUNT
Low
Jilk Heavy Construction, Inc.
$ 3,981,074.00
2nd
CJW Construction
$ 6,546,628.00
Six contractors registered on PlanetBids as "prime contractors" and attended a mandatory
pre -bid site visit. Two bids were submitted. Both contractor bids are considerably higher
than the Engineer's Estimate of $2,620,000. The low bid is 52% higher than the
Engineer's Estimate.
The low bidder, Jilk Heavy Construction, Inc. (Jilk), possesses a California State
Contractor's License Classification "A" General Engineering, and its subcontractor,
Marina Landscape Inc., possesses a California State Contractor's License Classification
C-27 Landscaping, as required by project specifications. Jilk Heavy Construction
(formerly John S. Meek Company) has more than 60 years of experience in general
engineering construction and specializes in construction of piers, wharfs, seawalls,
marinas, pile driving, shoring, sheet piling, foundations, bridges, concrete structures, and
retaining walls. A review of references for Jilk shows a long and satisfactory record of
completing substantial contracts for the U.S. National Park Service, Port of Long Beach,
City of Redondo Beach, City of San Clemente, City of Santa Monica, and Port of
Los Angeles.
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San Diego Creek Trash Interceptor —Award of Contract No. 7127-5 (17X12)
July 11, 2023
Page 4
After the bid opening, City staff met with the Jilk team on June 7 to listen to the contractor's
proposed plan of action and confirm that the plan meets the City's expectations and
agency permit requirements.
Staff also inquired about the higher than anticipated project cost and determined that it is
not associated with higher material costs, as these costs have not increased appreciably
over the past year. Most of the higher then estimated costs are due to the unique nature
of the project, with its unusual project components and site constraints. Additionally, there
are no comparable projects that the City's engineering design consultant could use as a
good basis for the cost estimate. As an example, the City's design consultant
under -estimated the difficulties to mobilize and construct the pile system, and install the
booms, Trash Wheel, rail system, catwalk and gangway by nearly $500,000.
After the bid, Jilk's estimator told staff that the proposed integrated solar, electrical and
sophisticated remote monitoring and control system, i.e., the SCADA system, introduced
uncertainties outside its normal expertise making it difficult to confidently assess the level
of effort required to implement these tasks. Jilk's bid for these items was $635,000 higher
than the Engineer's Estimate.
While many aspects of the San Diego Creek Trash Interceptor system are unique, to
provide some perspective, staff is providing the following costs, or projected costs, for
other large trash capture systems.
The cost for Baltimore's Mr. Trash Wheel, which the San Diego Creek Trash
Interceptor design is based upon, cost approximately $1.5 million in 2014 to design,
permit and construct. Unlike the Trash Interceptor, Mr. Trash Wheel is located on a
large river that allows dumpsters to be removed by water by a small tugboat. No raised
rail system on piles was required. Annual disposal costs are about $100,000.
Last year, a floating trash -collecting barge was deployed in Ballona Creek. The creek
is a wide waterway that allows passage of a barge to travel up into the creek where it
can be moored with booms deployed to collect and direct trash to the barge. When all
dumpsters within the barge are full, the barge conveys the trash to a ramp for
discharge. The total cost was approximately $3.6 million with the barge cost of
$770,000, design and permitting costs at $1.3 million, and mooring and boom
installation costs at $1.5 million. Annual disposal costs are $650,000.
y A full trash -capture system was recently constructed on the Santa Ana -Delhi Channel.
The cost for design, permitting and construction was approximately $10 million.
Pursuant to the Contract Specifications, the contractor will have 320 working days to
complete the work. The Notice to Proceed is expected to be issued August 1, 2024.
The project drawings and specifications will be available for review at the July 11, 2023
City Council meeting or upon request.
San Diego Creek Trash Interceptor — Award of Contract No. 7127-5 (17X12)
July 11, 2023
Page 5
FISCAL IMPACT:
As shown in the following table, funding for the project would come from three grants
received by the City for the design, permitting and construction of the project with
additional funding from the City's Environmental Liability Fund Fees (ELFF) program.
The approved Fiscal Year 2023-24 State of California Budget signed by the Governor on
June 29th includes a $1.6 million earmark for this project. The Department of Water
Resources will be responsible for distributing the funding.
ELFF are authorized for use by the City for any expense associated with a City -hired
commercial hauler recycling, diverting, or disposing of trash collected in the City to fulfill
State, Federal or local law requirements.
Recently promulgated State regulations require heightened trash capture and removal'.
Construction of the Trash Interceptor facility allows access for one of the City's
commercial trash -haulers to collect and dispose of the trash captured in San Diego Creek
and is therefore eligible for funding from the ELFF program, which currently has
approximately $8.9 million in reserves.
Funding Source
Amount
Ocean Protection Council
$1,365,000
OCTA Measure M
500,000
State Funding
1,600,000
ELFF
1,173,075
Total
$4,638,075
With approval of the budget amendment, sufficient funding is available from the Fiscal
Year 2022-23 Capital Improvement Program (CIP) budget for completion of this contract.
The funds will be expended from the following accounts:
Account Description Account Number Amount
Contributions 13801-980000-17X12 $ 3,465,000
ELFF 16001-980000-17X12 $ 1,173,075
Total: $ 4,638,075
In 2015, the State Water Resources Control Board adopted "Trash Amendments" that consist
of the (1) Amendment to the Water Quality Control Plan for Ocean Waters of California
(Ocean Plan) to Control Trash, and (2) Part 1 Trash Provisions of the Water Quality Control Plan
for Inland Surface Waters, Enclosed Bays, and Estuaries of California. Based on the requirements
of the Trash Amendments, in June 2017, the Santa Ana Regional Water Quality Control Boards
issued individual California Water Code Section 13383 Administrative Orders to the North Orange
County Phase I Municipal Separate Storm Sewer System Permittees.
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San Diego Creek Trash Interceptor —Award of Contract No. 7127-5 (17X12)
July 11, 2023
Page 6
Uses for the proposed funds are:
Contractor/Consultant/Vendor
Jilk
Jilk
Burns & McDonnell
Purpose
Amount
Construction Contract
$
3,981,074
Construction Contingency
$
398,000
Construction Services
$
256,501
Printing & Incidentals
$
2,500
Total:
$
4,638,075
Staff recommends establishing $398,000 (approximately 10 percent) for contingency
purposes to cover the cost of unforeseen conditions associated with construction.
With authorization of Amendment No. 3 to the Burns & McDonnell Professional Service
Agreement, the consultant will provide field engineering support for installation of the rail
system, catwalk, gangway, landside improvements; solar power system; lighting and
security systems, and the SCADA system. Burns & McDonnell's subconsultant will
conduct preconstruction eelgrass, Caulerpa, and environmental risk surveys; biological
monitoring and bird surveys during construction; and habitat mitigation and monitoring
plan compliance oversight after construction completion. Burns & McDonnell's
geotechnical engineering subconsultant will provide geotechnical construction and
inspection services for the pile installation, earthwork operations, and concrete
placement.
ENVIRONMENTAL REVIEW:
On September 25, 2018, City Council approved Resolution No. 2018-67 (Attachment C)
adopting the Mitigation Negative Declaration for the Newport Bay Water Wheel Project,
a.k.a. San Diego Creek Trash Interceptor, pursuant to the California Environmental
Quality Act, State CEQA Guidelines and City Council Policy K-3.
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
— Professional Services Agreement
Attachment B
— Location Map
Attachment C
— Budget Amendment No. 24-008
Attachment D
— Resolution No. 2018-67
we
ATTACHMENT A
AMENDMENT NO. THREE 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. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 11th day of July, 2023
("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
on file with the Secretary of State is 9400 Ward Parkway, Kansas City, Missouri 64114,
with a local address of 140 S. State College Boulevard, Suite 100, Brea, CA 92821, and
is made with reference to the following:
1:7X01kr-A16y
A. On March 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide professional
engineering, design and construction management services for the City's
proposed trash wheel project ("Project").
B. On January 11, 2022, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On February 28, 2023, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two) to reflect additional services not included
in the Agreement, as amended, to extend the term of the Agreement to December
31, 2024, and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to December 31, 2025, increase the total compensation, and to update
the Independent Contractor section.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows-
1 . TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2025, unless terminated earlier as set forth herein."
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2. 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, Exhibit A to Amendment No. One and Exhibit A
to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect
to delete certain Services within the Scope of Services at its sole discretion.
3. 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. Exhibit
B to the Agreement, Exhibit B to Amendment No. One and Exhibit B to this Amendment
No. Two 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 Eight Hundred Eighty
Eight Thousand Two Hundred Ten Dollars and 001100 ($888,210.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred Fifty Six Thousand Five Hundred One Dollars and 00/100 ($256,501.00).
4. INDEPENDENT CONTRACTOR
Section 10.2 of the Agreement is added to the Agreement as follows:
"10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or
already be a CalPERS member."
5. 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. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6- z.k . 23
By: 7
v
n C.rp catto ne
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONSULTANT: BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a
Missouri Corporation
Date:
By:
Stephan L. Nalefski
Senior Vice President
[END OF SIGNATURES)
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
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EXHIBIT
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1 4-10
EXHIBIT A
SCOPE OF SERVICES
Task 1: Pre -Bid Support and Request for Information (RFI) Review and Management
Consultant will support the City during the pre -bid and bidding process in responding to bidder's
technical questions and review and input on the bid proposal. Consultant will review and provide
comments on the request for information (RFI) from the selected contractor prior to mobilization
and during the construction. Consultant will review the RFIs for compliance and conformance with
the Design Drawing, Special Provisions, Performance Specifications, and Agency Permits and
Approvals. Consultant will support the City in managing the RFIs and status through an RFI log
consistent with the Special Provisions. Anchor QEA (Subconsultant) will provide support in
reviewing submittals pertaining to structural elements that include the piles. Tidal Influence
(Subconsultant) will provide review of submittals pertaining to the revegetation plan and
conformance with the approved project permits. This task also includes overall project
management. This task also includes addressing requested information and responses to the
Corps of Engineers to obtain the 404 Permit for the project.
Task 2: Field Engineering Support
The Consultant's Project Manager will attend up to 2 on -site coordination meetings with the City
and contractor during mobilization and construction of the trash interceptor project. This task
includes preparing meeting notes and management of the tasks and our subconsultants under
this scope of work.
Consultant will support the City as Engineer of Record assisting City in interpreting the
construction documents, reviewing changed field conditions (3 visits by PM, 2 visits by Sr. Civil,
and 3 visits by Electrical Engineer), and revising drawings or specifications as needed. Support
also includes working with the City during construction to work through system operations as
systems are installed and brought on-line. TI (Subconsultant) will also attend meetings and
provide worker awareness training in accordance with the approved permits.
Task 3: Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA)
Consultant will conduct a CERCLA Phase I study (or Phase I Environmental Site Assessment
(ESA)) of the environmental risk at the site to document past uses and potential for environmental
risk or contamination impacts to site soil and groundwater based on available information and
data. No field investigation is proposed for this Phase I study. Consultant will conduct a Phase I
ESA consistent with ASTM Standard E1527-21 for performing an environmental site assessment
for commercial real estate and with the All Appropriate Inquiries Final Rule (40 CFR 312). The
Scope of Work and assumptions for the Phase I study are provided in the Details section below.
It is understood that Phase I ESAs are conducted to permit the user to satisfy one of the
requirements to qualify for the innocent landowner, contiguous property owner, or bona fide
prospective purchase limitations on CERCLA liability and is not intended to include a more
comprehensive evaluation of business environment risk associated with a parcel of commercial
real estate.
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Task 4: Pre -Construction Biological Surveys and Construction Biological Monitoring
Tidal Influence (TI), subcontractor to Consultant, will perform pre -construction biological surveys
per the project's resource agency permits.
Task 4.1 Eelgrass and Caulerpa Surveys - Perform 1-day pre -construction eelgrass and
Caulerpa surveys between Marsh and October with 3 divers. TI will prepare the survey reports to
be submitted to the applicable resource agencies. This task does not include post -construction
surveys.
Task 4.2 Nesting Bird Season Bird Surveys - If work commences prior to end of bird nesting
season, Labor Day, TI will survey for evidence of endangered fledgling bird species. TI will
conduct these surveys starting in August requiring 2 pre -con nesting surveys & 1 monthly survey
in late August. Additional services will be required if nesting is observed to delineate the area and
develop an avoidance plan.
Task 4.3 Preconstruction Special Status Species Surveys — TI will conduct pre -construction
rare plant and animal surveys per the CEQA document mitigation measures (MND BIO-1, BIO-5,
and B1O06) and provide a report on the results of the surveys.
Task 4.4 Construction Biological Monitoring - During the initial clearing & grubbing and site
grading activities that are estimated to occur over a six -to -eight -week period, TI will provide
biological monitoring in accordance with the CEQA and Coastal Development Permit and CDFW
Streambed Alteration Agreement. TI will provide guidance on avoidance of biological resources
and minimization measures. For the purpose of this cost estimate it is assumed daily Biological
Monitor site visits during 13 weeks/65 days of construction.
Task 4.5 Habitat Mitigation and Monitoring Plan (HMMP) Compliance Oversight — TI will
provide oversight for 10 hours per week for 4 weeks of habitat restoration project implementation.
If the revegetation and establishment period is greater than 4 weeks, an addendum will be
required. This effort does not include permit reporting or performance standard monitoring.
Task 5: Geotechnical Observation and Testing Services
Group Delta (Subconsultant) will provide geotechnical observation and testing services to
evaluate conformance with plans, specifications, geotechnical report, and applicable codes.
Group Delta will provide Pile Driving Review and Inspections, Geotechnical Observation and
Testing, Concrete Observation and Testing and Project Documentation and Management in
accordance with the attached detailed scope of work.
Optional Task 6: NEPA Documentation
Consultant will provide NEPA documentation support as needed pending use of federal funding
for the Trash Interceptor project. The scope and cost of these services will be determined when
these funds are requested, and a lead agency identified. The scope will be based on discussions
with the lead agency on the requirement for federal funding. Once the scope is defined, a cost
estimate will be provided.
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TASK 3 DETAILS
Assumptions
1. The Property is approximately 2 acres in size with the construction limits within a less
than an acre area.
2. The project is located on a parcel owned by the Irvine Company. The Orange County
Flood District has a maintenance easement on the parcel.
3. There are no structures on the Property. The property contains a flood channel and berm
with an access road.
4. The Phase I site visit and local records searches can be completed within a single day.
5. The City will return the attached User Questions and Information Request upon notice -
to -proceed.
6. City will provide landowner and occupant contact information upon notice -to -proceed
such that Consultant can conduct the appropriate interviews.
7. City will provide written and legal authorization for Consultant to perform services on the
Property, including right of access to the Property. No additional costs will be incurred by
Consultant in order to comply with any requirements of the right of access agreement.
Note that an in -person Site visit by Consultant's personnel is required in order to
fully meet the requirements of ASTM E1527, and AAI. If, for any reason, such a Site
visit cannot be conducted, then the Phase I ESA report will be conditioned accordingly,
including noting the exception as a deviation from the ASTM E1527 standard, and full
liability protection may not be obtained by City.
8. City will obtain the review of title and land judicial records for environmental liens and
activity and use limitations (AULs). Note that full liability protection cannot be
obtained under the ASTM 1527 Standard and All Appropriate Inquiries Regulation
(40 CFR 312) without a review of title and land judicial records for environmental
liens or AULs. If the results are provided to Consultant, they will be included in the Phase
I ESA report. If the City would prefer that Consultant obtain this information for inclusion
in the report, an additional fee will be applied. An estimated cost can be provided upon
request to your proposal manager.
9. City will provide a copy of the Title Policy for the real estate transaction, if available.
10. City will provide the chain -of -title for the Property (from 1940 to present), if available, to
allow for review and inclusion in the Phase I report.
11. The final report will be provided to City in electronic format only (as .pdf).
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12. The Phase I ESA will not include any inquiry with respect to controlled substances,
environmental compliance, radon, methane, asbestos, lead paint, mold, wetlands,
emerging contaminants, or vapor intrusion.
13. No party other than City is permitted by Consultant to rely on the Phase I ESA report
without prior authorization by Consultant.
14. City shall place at Consultant's disposal all information pertinent to the Scope of Services
on this Project, including previous reports and any other data relative thereto. Information
provided by City or others regarding current or previous site conditions, materials,
contamination, or other relevant data will be accepted as accurate without independent
verification.
Scope of Work: ASTM 1527-21/AAI Compliant Phase I Environmental Site Assessment
The project scope consists of assisting City with an ASTM E1527-21/AAI compliant Phase I
Environmental Site Assessment. Refer to proposal for a list of significant project -specific
assumptions.
1. Regulatory & Historical Background Review
a) Consultant will purchase and review a government database area map search and list
report (Report) for the Subject Property. The Report will be purchased from one
commercial provider of that service. The Report purchased will use the address of the
Subject Property and/or or the boundary of the Subject Property as its search basis and
will contain the following information, at a minimum:
Approximate
Minimum Search
Database Name
Distance (Miles)
Lists of Federal NPL(a) (Superfund) sites
1.0
Lists of Federal Delisted NPL sites
0.5
Lists of Federal sites subject to CERCLA(b) removals and
CERCLA orders
0.5
Lists of Federal CERCLA sites with NFRAPM
0.5
Lists of Federal RCRA(d) facilities undergoing Corrective
1.0
Action
Lists of Federal RCRA TSD(e) Facilities
0.5
Lists of Federal RCRA generators
Subject Property and
adjoining
Federal institutional control/engineering control registries
Subject Property only
Federal ERNSM list
Subject Property only
Lists of state and tribal "Superfund" equivalent sites
1.0
Lists of state and tribal hazardous waste facilities
0.5
Lists of state and tribal landfills and solid waste disposal
0.5
facilities
Lists of state and tribal leaking storage tanks
0.5
Lists of state and tribal registered storage tanks
Subject Property and
adjoining
State and tribal institutional control/engineering control
Subject Property only
registries
Lists of state and tribal VCP(g) sites
0.5
Lists of state and tribal Brownfield sites
0.5
(a) NPL = National Priorities List
(b) CERCLA = Comprehensive Environmental Response, Compensation, and Liability Act
(c) NFRAP = No Further Remedial Action Planned; (d) RCRA = Resource Conservation and Recovery Act
(e) TSD = Treatment, Storage, and Disposal
(f) ERNS = Emergency Response; Notification System
(g) VCP = Voluntary Cleanup Program
(h) EP = Environmental Professional
b) Consultant will review historical aerial photographs with an attempt to obtain at least one
photograph per decade. The following sources may be used:
L Either the local County or Township Assessor's office,
H. The local office of the United States Natural Resource Conservation Service,
iii. The City Planning and Zoning Department,
iv. Commercial Provider.
4-15
Aerial photographs will be reviewed in an effort to identify the past uses of the Subject Property.
If possible, Consultant will purchase copies of the photographs reviewed, however, Consultant
will not purchase copies of more than one photograph per decade.
c) Consultant will review the USGS 7.5 Minute Topographic Map for the Subject Property to
evaluate the regional topography and drainage features on or within'/2 mile of the Subject
Property.
d) Consultant will purchase and review historic fire insurance maps (Fire Insurance Maps), if
they are available. Fire Insurance Maps will be purchased from one commercial provider
of that service. The Fire Insurance Maps purchased will use the street address of the
Subject Property as the search criteria. Consultant will review the Fire Insurance Maps, if
available, to identify known past uses of the Subject Property.
e) Consultant will interview the person(s) identified by Client as possessing knowledge of the
current and former uses of the Subject Property. Consultant will also interview credible
people identified by the current Subject Property owner, if any, that may possess
knowledge of the current and former uses of the Subject Property. Attempts will be made
to contact and interview both current and past Subject Property owners and/or operators.
f) Consultant will attempt to review file information concerning the Subject Property at the
local fire, building and planning departments and the township or county Assessor's Office,
or will interview representatives of these offices by telephone concerning records they
have.
g) Consultant will review reasonably ascertainable published geologic and/ or soil maps or
literature for the Subject Property in an effort to identify general types of soil and rock
underlying the Subject Property vicinity. Consultant will not conduct intrusive data
gathering or sampling of soil, rock, or water at the Subject Property, to obtain this
information.
h) Consultant will submit Freedom of Information Act Requests (FOIA)/Open Records
Requests to the applicable local, state, and/or federal environmental agencies with
authority over land and water issues requesting file information about the Subject Property
and adjacent sites, as deemed necessary by the Environmental Professional. The quoted
fee in this scope of work does not include more than $25.00 in search and copying charges
for records obtained as a result of these FOIA requests.
i) Consultant will perform vapor encroachment screening in accordance with ASTM E2600.
2. Site Reconnaissance
a) Consultant will perform a site visit to visually and physically observe the Subject Property.
Consultant will perform this site visit in an effort to obtain information that may indicate the
likelihood of identifying Recognized Environmental Conditions on the Subject Property.
"Physically observe" as used herein means we will also make note of odors that may
suggest environmental impact to the Subject Property.
4-16
b) Consultant will visually observe the Subject Property in an effort to identify transformers,
capacitors, and other equipment that may contain polychlorinated biphenyls (PCBs).
Consultant will look to see if transformers or capacitors are leaking and attempt to identify
visible markings that may confirm their PCB content.
c) Consultant will visually observe the Subject Property to identify aboveground storage
tanks and visible signs of underground storage tanks (e.g., fill pipes, manways, vent lines,
and dispensing pumps).
d) Consultant will photograph each accessible property line and each accessible side of
Subject Property improvements to document the condition of the Subject Property at the
time of the site reconnaissance. Finally, Consultant will photograph each area that, at the
time of the site reconnaissance, Consultant plans to identify as a Recognized
Environmental Condition at the Subject Property.
e) Consultant will review waste manifests, safety data sheets, raw materials inventory lists,
and tenant lists for a 50-year period, if these records exist and are made available to
Consultant by the Client or current owner or current tenants, in an effort to identify issues
of environmental relevance to the Subject Property for that time period. Reviews of these
documents requiring more than 1 hour are beyond the scope of services of this scope of
work and will be billed on a time and expense basis.
3. Visual Observation of Adjoining and Surrounding Lands
Adjoining properties and the surrounding area will be observed by Consultant during observation
of the periphery of the Subject Property, from public thoroughfares adjacent to or traveled on the
way to the Subject Property, and from buildings and structures otherwise accessed during the
site visit. The purpose of observing adjoining properties and the surrounding area is to identify
features, activities, uses, and conditions that may indicate Recognized Environmental Conditions
at the Subject Property,
4. Sampling
Consultant will not take any samples for soil, groundwater, lead paint, asbestos, mold or vapor
intrusion analysis.
4-17
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1 4-18
EXHIBIT B
BILLING RATES
AMENDMENT NO. THREE
4-19
ATTACHMENT B
MOP
VIENILGIR
-1 tV 4� ••: `a ir•
Tx�
7 a i
Newport Bay Trash Wheel Project
Location Map
1">
� 3
�r
AL
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
17X12 02/11 /2020
4-20
ATTACHMENT C
City of Newport Beach
" r� z BUDGET AMENDMENT
c'''po� "r 2023-24 BA#: 24-008
Department: Public Works
ONETIME: ❑ Ves ❑ No
Requestor: Theresa Schweitzer
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Aqh,- Date 71312-
0 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To appropriate expenditures from the unappropriated Environmental Liability fund balance for the Newport Bay Trash ❑ from existing budget appropriations
Wheel project (17X12). ❑� fromadditioralestimated revenues
❑ from unappropriated fund balance
REVENUES
Fund #
Org
Object
Project
Description
Increase or (Decrease) S
138
13801
431388
17X12
ENVIRONMENTAL CONTRIB CIP - DEPT OF WATER RESOURCE
1,600,000.00
Subtotal
$ 1,600,000.00
EXPENDITURES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
160
16001
980000
17X12
ENVIRONMENTAL LIABILITY CIP - CIP EXPENDITURES FOR GL
1,173,075.00
138
13801
980000
17X12
ENVIRONMENTAL CONTRIB CIP - CiP EXPENDITURES FOR GL
1,600,000.00
Subtotal
$ 2,773,075.00
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
160
300000
ENVIRONMENTAL LIABILITY FUND - FUND BALANCE CONTROL
(1,173,075.00)
135
300000
CONTRIBUTIONS
FUND - FUND
BALANCE CONTROL
Subtotal
$ (1,173,075.00)
Fund Balance Change Required
4-21
ATTACHMENT D
RESOLUTION NO. 2018-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ND2018-
002 (SCH#2018081013) FOR THE NEWPORT BAY
WATER WHEEL PROJECT (PA2018-153)
WHEREAS, Newport Bay experiences large volumes of trash and debris yearly
from San Diego Creek;
WHEREAS, the City of Newport Beach ("City") strives for a healthy trash free Bay
and clean water quality;
WHEREAS, the City's Water Quality/Coastal Tidelands Committee's 2017-2018
Committee Goals/Objectives prioritize the installation of a trash collection device in San
Diego Creek;
WHEREAS, a public meeting was held by the City Council on September 25, 2018,
in the Council Chambers located at City Hall, 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the meeting was given in accordance
with the Newport Beach Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the City Council at this hearing; and
WHEREAS, after thoroughly considering the Newport Bay Water Wheel Project
Mitigated Negative Declaration ("MND"), and the public testimony and written
submissions of all interested persons desiring to be heard, the City Council finds the
following facts, findings, and reasons to support adopting the MND:
1. Pursuant to the California Environmental Quality Act ("CEQA"), Public Resources
Code Sections 21000, et seq., the CEQA Guidelines (14 Cal. Code of Regulations,
Sections 15000 et seq.), and City Council Policy K-3, the proposed amendments
("Project") are defined as a project and as such subject to environmental review.
2. The City caused to be prepared an Initial Study/MND in compliance with CEQA,
State CEQA Guidelines and City Council Policy K-3.
3. Notice of availability of the draft MND was provided and the draft MND was made
available for public review for a thirty (30) day comment period beginning on
August 3, 2018, and ending September 2, 2018. Notice of Availability of the draft
MND was given in accordance with CEQA, State CEQA Guidelines and City
Council Policy K-3. Four (4) comment letters were received during the thirty (30)
day review period.
4-22
Resolution No. 2018-67
Page 2 of 3
4. Although not required pursuant to CEQA, written responses to all four (4) comment
letters received were prepared. The comments and responses were considered by
the City Council while considering the approval of the proposed project. The
comments and responses to comments do not represent significant new
information to warrant recirculation of the MND.
5. The Final MND (including Responses to Comments and Mitigation Monitoring and
Reporting Program) is attached as Exhibit "A" and incorporated herein by
reference. The documents and all related materials, which constitute the record
upon which this decision was based, are on file with the Public Works Department,
City Hall, 100 Civic Center Drive, Newport Beach, California.
6. On the basis of the entire environmental review record of the proposed project, the
mitigation measures will have a less than significant impact upon the environment
and there are no known substantial adverse effects on human beings that would
be caused. Additionally, there are no long-term environmental goals that are
compromised by the project. The mitigation measures identified by the MND and
incorporated in the Mitigation Monitoring and Reporting Program are feasible and
will reduce potential environmental impacts to a less than significant level.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council of the City of Newport Beach hereby adopts MND
No. 2018-002 (SCH#2018081013) attached as Exhibit "A", which is incorporated by
reference.
Section 2: The City Council of the City of Newport Beach directs the Public
Works Director to incorporate the mitigation measures contained in the Mitigation
Monitoring and Reporting Program included in the Final MND in the plans and
specifications for the project to be implemented.
Section 3: The recitals provided in this resolution are true and correct and
constitute, in part, the findings of the City Council for adoption of the attached MND.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
4-23
Resolution No. 2018-67
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of September, 2018.
Marshall "Duffy" Duffield
Mayor
ATTEST:
PO
Leilani I. Brown
City Clerk U Z
c�41F0t04\P
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
fof: Aaron C. Harp
City Attorney
Attachment: Exhibit A — Final Mitigated Negative Declaration
4-24
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