HomeMy WebLinkAbout09 - Amendment to PSA for the San Diego Creek Trash Interceptor Project (Contract No. 7127-3, Project No. 17X12)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
January 9, 2024
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Robert Stein, Assistant City Engineer - 949-644-3322,
rstein@newportbeachca.gov
TITLE: Amendment No. Four to the Burns & McDonnell Professional
Services Agreement for the San Diego Creek Trash Interceptor
Project (Contract No. 7127-3, Project No. 17X12)
FA 139-:YTl*a
Staff requests approval of Amendment No. Four to the Burns & McDonnell's Professional
Services Agreement for new design and construction -related tasks for the San Diego
Creek Trash Interceptor and to provide additional funds for the project's miscellaneous
and incidental expenses. Staff also requests approval of a Budget Amendment allocating
additional unappropriated Environmental Liability Fund Fees to the project.
RECOMMENDATIONS:
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 Budget Amendment No. 24-044 appropriating $100,411 in increased
expenditures in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from
the unappropriated Environmental Liability Fund Fees balance; and
c) Approve Contract Amendment No. Four to the Burns & McDonnell Professional
Services Agreement for an additional not -to -exceed amount of $75,411, and authorize
the Mayor and City Clerk to execute the agreement.
DISCUSSION:
Burns & McDonnell (B&M) began work on the Trash Interceptor project in 2020 as the
City of Newport Beach's design consultant for the project. B&M is currently under contract
to assist with the construction management. A summary of the previous contractual
agreements with B&M for the Trash Interceptor project is as follows.
On March 24, 2020, the City Council approved a Professional Services Agreement with
B&M for the consultant to prepare a concept plan, topographic surveys, a detailed
drainage analysis, a detailed pile design analysis, construction documents, easement
documents, and to prepare and process permit applications.
9-1
Amendment No. Four to the Burns & McDonnell Professional Services Agreement
for the San Diego Creek Trash Interceptor Project
January 9, 2024
Page 2
On January 11, 2022, the City Council approved Amendment No. One for B&M to perform
new design tasks required by the County of Orange as part of its permit review process,
prepare permit reports for the US Army Corp of Engineers and State Water Quality
Control Board, pay agency permit fees on behalf of the City, prepare a site security and
operational controls/alerts detail sheets, perform an updated biological survey, and
prepare an Operation and Maintenance Plan.
On February 28, 2023, the City Council approved Amendment No. Two for B&M to
prepare more detailed design for the unique rail system, piles, catwalk and access ramp,
and a remote security and control system to supplement the project's performance
specifications.
On July 11, 2023, the City Council approved Amendment No. Three for B&M to provide
pre -bid support, review of requests for information, provide field engineering support,
prepare an environmental assessment (CERCLA - Phase 1), prepare pre -bid biological
surveys, perform biological monitoring, provide geotechnical services, and prepare
National Environmental Policy Act documentation.
B&M's approved compensation to date is:
Professional Services Agreement $464,925
Amendment No. 1 $ 85,765
Amendment No. 2 $ 81,019
Amendment No. 3 $256,501
TOTAL $888,210
Proposed Amendment No. 4 to the Professional Services Agreement
Since the July 11, 2023 award of the construction contract to Jilk Heavy Construction,
B&M and its team of subconsultants have been an integral part of the City team managing
the construction. The project is now in the fifth month of construction, and with the timely
and critical responses by the B&M team, the project is moving forward at a reasonable
pace. It is expected the Trash Interceptor will be installed on the float piles in April 2024
and be fully commissioned and operating by winter 2024, before the onset of the storm
season.
There are several new design and construction -related tasks requiring immediate support
from the B&M team that were not anticipated in the contract or previous amendments.
Specifically, these new tasks are-
1 . Preparing an automatic irrigation system and planting plan. In a September 29,
2023 conference call with The Irvine Company (TIC), Vice Presidents Mark Denny
and Dean Kirk, requested, under discretion provided to TIC under provisions in the
Quit Claim property deed, that container plants be added to the landscaping on the
North Bank. B&M's biologist subconsultant will advise on soil preparation, plant
selection and installation inspection.
9-2
Amendment No. Four to the Burns & McDonnell Professional Services Agreement
for the San Diego Creek Trash Interceptor Project
January 9, 2024
Page 3
2. Relocating the bio-infiltration unit. During initial grading of the site during the first
week of September, soft and highly erodible conditions were discovered near the
creek bank where the biofiltration unit and outfall is to be installed. This
substandard soil condition requires relocating the unit further away from the creek
bank. This will entail modification of the truck turnaround area.
3. Adding a stop (safety) mechanism at the end of the rail system. B&M will provide
structural design services to design a stop mechanism at the end of the rail system.
4. Providing additional review services of design and product submittals. While
Amendment No. Three provided funding for reviews and responses to requests for
information, and product and design submittals, a supplemental budget is needed
now for (a) additional submittal reviews of connection details between the railway
piles and the rail system, catwalk and gangway. Additional funding is also needed
for the review of design submittals for the supervisory control and data acquisition
system (SCADA) and integration of SCADA into the City's existing systems and
operations. The design of the SCADA system was provided as a performance
specification to provide flexibility for this integration; however, the performance
specification requires submittal of system design details.
Note that the construction contract is a performance contract that requires the
contractor to work in concert with the City's construction management consultants
to prepare detailed design submittals, per the construction document
specifications, for many project elements. The major components to the Trash
Interceptor facility include the (1) trash wheel, canopy, floating pontoon system and
guide piles; (2) railway, support piles, railway canopy and winch; and (3) catwalk
and gangway. Each major component has many smaller elements requiring
detailed design submittals such that all the components of the Trash Interceptor fit
together properly.
5. Providing additional biological monitoring. Based on the positive identification of
the presence of California Gnatcatcher, on October 12, 2023, per permit
conditions, B&M's biologist subconsultant, Tidal Influence, will conduct additional
biological monitoring. Additional coordination with the resource agencies is also
caused by this siting.
6. Coordinating with permitting agencies. To assist City staff, Tidal Influence will
coordinate with the California Department of Fish & Wildlife and California Coastal
Commission staff to provide required information and documentation of
compliance with approved project permits. The permit condition support includes
developing a permit conditions matrix and tracking compliance.
The requested budget for these tasks in the proposed Amendment No. Four is $75,411.
9-3
Amendment No. Four to the Burns & McDonnell Professional Services Agreement
for the San Diego Creek Trash Interceptor Project
January 9, 2024
Page 4
Miscellaneous and Incidental Expenses
Staff requests an additional $25,000 be added to the project budget for miscellaneous
and incidental expenses to cover potential additional costs for the Trash Interceptor
project construction including County of Orange inspection fees, Irvine Ranch Water
District (IRWD) design and installation fees for water service, and construction document
reproduction costs.
FISCAL IMPACT:
The proposed Budget Amendment appropriates $100,411 from the Environmental
Liability Fund Fees (ELFF) program unappropriated fund balance.
ELFF are authorized for use by the City for any expense associated with facilitating a
City -hired commercial hauler in disposing of trash collected in the City to fulfill State,
federal or local law requirements. Recently promulgated State regulations require a
higher rate of trash capture and removal. Because construction of the Trash Interceptor
facility provides direct access for one of the City's commercial trash haulers to collect
trash that is captured directly from San Diego Creek, the ELFF can fund the budget
amendment. The ELFF program has approximately $8.2 million in reserves.
With approval of the budget amendment, sufficient funding is available from the Fiscal
Year 2023-24 Capital Improvement Program (CIP) budget for completion of this contract
and to provide additional project funds for City incidental expenses as described above.
The funds will be expended from the following account:
Account Description
Account Number
Amount
ELFF
16001-980000-17X12
$
100,411
Total:
$
100,411
Proposed fund uses are:
Vendor
Purpose
Amount
B&M
Amendment No. Four
$
75,411
Various
Miscellaneous and
$
25,000
Incidentals Expenses
Total:
$
100,411
Amendment No. Four to the Burns & McDonnell Professional Services Agreement
for the San Diego Creek Trash Interceptor Project
January 9, 2024
Page 5
ENVIRONMENTAL REVIEW:
Staff recommends the City Council 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.
k 911drelIki[es
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
Attachment B — B&M Professional Services Agreement Amendment No. Four Scope of
Work
9-5
ATTACHMENT A
n City of Newport Beach
BUDGET AMENDMENT
c"`'F,°�ft 2023-24 BA#: 24-044
Department: Public Works
Requestor: Dave Webb
ONE TIME: ❑� Yes ❑ No
Approvals
❑ CITY MANAGER'S APPROVAL ONLY ,y
Finance Director: amm Ae.
[] COUNCIL APPROVAL REQUIRED I City Clerk:
Date 0A1
Date
EXPLANATION FOR REQUEST:
To appropriate funds from the unappropriated Environmental Liability Fund Fees balance forthe San Diego Creek ❑ from existing budget appropriations
Trash Interceptor.
❑ 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) $
160 16001 980000 17X12 ENVIRONMENTAL LIABILITY CiP - CIP EXPENDITURES FOR GL 100,411.00
Subtotal $ 100,411.00
FUND BALANCE
Fund # Object Description Increase or (Decrease) $
160 300000 ENVIRONMENTAL LIABILITY FUND - FUND BALANCE CONTROL (100,411.00)
Subtotal $ (100,411,00)
Fund Balance Change Required
9-6
ATTACHMENT B
Is1IfiI=ILg10 JJ1:41lki►[all 1aIlJ:i110]
PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNEL L ENGINEERING COMPANY, INC. FOR
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. four") is made and entered into as of this 5th day of December 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
is 140 S . State College Sou levard, Suite 100 & 200, Brea, CA 9 821, 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 Engineering and Construction Management
Services for the Newport Bay 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, On July 11, 2023, City and Consultant entered into Amendment No. Three to the
Agreement ("Amendment o_ Three") to reflect additional services not included its
the Agreement, as amended, to extend the term of the Agreement to December
31, 2025, to increase the total compensation, and to update the Independent
Contractor section.
E_ The parties desire to enter into this Amendment No. Four to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows;
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, Exhibit A to
Amendment Two. Exhibit A to Amendment Three, and Exhibit A to Amendment No. Four
9-7
shall collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion-
. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Fates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement, Exhibit D to Amendment No. One, Exhibit B to Amendment Two,
Exhibit B to Amendment Three, and Exhibit B to Amendment No. Four shall collectively
be known as "Exhibit B-"
Section 4.1 of the Agreement is amended in its entirety and replaced with the
fallowing: "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
Fates attached hereto as Exhibit E 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 Nine Hundred Sixty Three
Thousand Six Hundred Twenty One Dollars and O01100 ($96 ,C 1.00), 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. four,
including all reimbursable items and subconsultant fees, in are amount not to exceed
Seventy Five Thousand Four Hundred Eleven Dollars and 001100 ($75,411,00),
. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shalt remain unchanged and shall be in full force and effect.
[SIGNATURES N NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. — Page
.;
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on tho dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY,S OFFICE a California uni ipal corporation
Date:Date;
a C. rp j Pis Grace-{ . Leung
Oify attorney /,3 City Manager
ATTEST:
Date: I ' . � '
r
B.
Leilani I. Brown
City Clerk „
CONSULTANT: Burrs & McDonnell
Engineering Company, InG- a Missouri
Corporation
Date'
Signed in Counterpart
'.
Stephan L. Nalefsi
Senior Vice President
[END OF SIGNATURES]
Attachments-. Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Fates
Burns & McDonnell Engineering Company, Inc, Page
e
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR �EY' OFFICE
Date: _ 7�
By.
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date-. _
BY.. --- —...
Grace K_ Leung
City Manager
CONSULTANT, Burrs & McDonnell
Engineering Company, Inc., a Missouri
Corporatiorn
Date: �7123
-
Leilani 1. Brown Stephan L- Nalefski
City Clerk Senior Mice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B -- Schedaie of Billing Rates
Burns & McDonnell En'ineering Company, Inc. Page
9-10
EXHIBIT A
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, inc, Page A -'I
9-11
EXHIBIT A
SCOPE OF SERVICES
Task 1: R F I & Submittals, Design Changes and Supplemental Construction Biological Monitoring
a, Irvine Company Request for Change in Vagetation Cover: The Irvine Company requested just prior
to mobilization adding container plants to the north side of the project where only hydroseeding
was planned. As requested by City, Burns & McDonnel will design are autornatic temporary
irrigation system to provide temporary irrigation for the establishment of these container plants. A
revised revegetation plan is also required for submittal to the resource agencies that will require
certification of the establishment of vegetation in the mitigation areas. Tidal Influence will conduct
inspection of the delivery, installation and establishment of the additional container plants
requested by The Irvine Company_ Tidal Influence will also attend an additional two construction
meetings during construction coordination.
b. Change in Field Conditions at Biofiltration Unit: During initial grading, soft and highly erodible
conditions were discovered in the area of the biofiltration unit and outfall. These conditions require
relocating the unit and outfall, Barns &. McDonnell will revise the design sheets to relocate the
biofiltration unit and outfall within a modified truck turnaround area.
c. Design of Rail Stop Mechanism : As requested by City Staff, Burns &. McDonnell a rid Anchor QEA will
provide structural design services to design a stop mechanism at the end of the rail systern.
d. Add itionaI RFIs & SubmittaIs for SCADA System: Burns & McDon n e I I has co pleted the reviews and
submitted responses to 15 RF€5 and 22 Submittals, An additional budget is requested to cover the
review, coordination and submittal of the anticipated multiple Submittals for the SCADA remote
sensing and control system and the integration of this system into the City's existing systems a4ld
operations. The SCADA system was provided as a performance specification to provide flexibility for
this integration but requires submittal of system design details.
e. Tidal Influence will conduct additional biological monitoring as a result of the presence of California
Gnatcatcher perthe permit conditions, Tidal Influence will focus this monitoring to more disruptive
activities that include clearing and grubbing, grading and pile driving. This totals five full days or 10
half days of additional monitoring, Additional com munication with the resource agencies per the
permit condition requirements due to the presence of this listed species.
f_ Tidal Influence is requested to provide communications with the California Department of Fish
Wildlife and California Coastal Commission staff regarding providing information and documentation
of compliance with approved project permits. The permit condition support includes developing a
permit conditions matrix and tracking compliance_
Task Cast: $65,460 (includes Tidal Influence $12,920 & Anchor 23,948)
9-12
Task 2: Welding Inspection & Testing
As requested, Group Delta will provide welding and related steel inspection and testing.
+ Task Cast; $9,951 (includes 8,967 Group Delta)
The total cast of the amendment is S 75,+411.
9-13
EXHIBIT
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page 8-1 9-14
EXHIBIT B
BILLING RATES
AMENDMENT NO. FOUR
9-15
BURNS`M5DONMELL_
C'ERTIFICA'1'E OF ASSIN'1'ANT SEC'RETA RY
Off+'
BURNS & McDONIVELL E G NIFFRING COMPANY, INC.
I. Clv'istine LK 1)oriCv, Assiswn� Sccrcnar + aLid kk:epur oftlie i-ewrds and voi-puraw seal of
burns Lk N1QT)tmnc11 Engineering Company, laic- ("the [. ompaily'% a corporatioll orbpnizt(I ,Lnd
cxisEing un&l r the: Juws of the State of Missouri, certify as to 1110 1011c wing:
The Board of Dirccws htis Jvcl€rcd sigtiatLita �Wlhority to =I[Uirl i11r1iVidLIrtls of ihi�
Cnmpan y, includiiig ofFiccrs, office majugrers tend assoc We level pi-ojeL;t w,alnageu';- Sit] pha1X 1-
Na1lufski is a sonior Vice 1're.gidem, having booii 1nI t elUCkAl RN all off OCA' of [he CoMptmy uu
.1mitiary 7, 2016, and i%�mains in good standing. Therefore, puj'�3iia t (o the aWliovi1 ' gi- rifted by
the Board of Directors and as reflected in the rccwds of the Company, Mr. Nalefski is aLlthorized
to Sign P1•t)p0 n1]}, contrdLC Is, t3nd Ivlatod dOCLL111CntS in connection with providing }Irchitt!Ctur. ],
unginwring, wnsuItlno L11a11ILireL11e17t, COIIS:I•LICAl011 it rid XIIIWd services by the Conlpany.
IN WITNESS WHE1f2E0F, the L i n dc r� " gi tc d 11eLS cxecutetl this CertifWLtW on b021f of
HI1r11s : McDonne I I rnp.inccriiig Company, Inc. on Lhe ? l it clay of l`cbm-Llry 2022.
3 URNS & McDONNELL LSNGINT',F'RING
COMPANY, INC.
X0,I111111111 jeGIN�polo. ,
Talc
C;I�eisttite Ivi.lDority
resist{Lnt Secretary
o.we Serif]
r-4pp= ,
11111
9-16
BUJR S f D NI ELL.
Robert Stein, Ph.D., P.E.
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beath, CA 92660
October 31, 2G23
Re: Addendum No. 4 Request to Contract for Trash Interceptor —Additional Construction Engineer of
Record Support and Construction Biological Monitoring Services (Contract No. C-7127-5)
Dear Robert:
The Burns & McDonnell (B&M) carlsoltant team is working closely with your staff and the construction
contractor, and it appears the project is on track to complete in a timely rnanner- There are a number of
new design and construction related tasks and B&M requests a modification of our scope of work as
follows -
Task 1: IRFI & Submittals, Design Changes and Supplemental Construction Biological Monitoring
a. Irvine Company Request for Change in Vegetation Cover: The Irvine Company requested just prior
to mobilization adding container plants to the north side of the project where only hydroseeding
was planned. As requested by City, Burns & McDonnel will design an automatic temporary
irrigation system to provide temporary irrigation for the establishment of these container plants. A
revised revegetation plan is also required for submittal to the resource agencies that will require
certification of the establishment of vegetation in the mitigation areas. Tidal Influence will conduct
inspection of the delivery, installation and establishment of the additional container plants
requested by The Irvine Company_ Tidal Influence will also attend an additional two construction
meetings during construction coordination,
b. Change in Field Conditions at Biofiltration unit; During initial grading, soft and highly erodible
conditions were discovered in the area of the biofiltration unit and outfall. These conditions require
relocating the unit and outfall- Burns & McDonnell will revise the design sheets to relocate the
biofiltration unit and outfall within a modified truck turnaround area-
c- Design of Rail Stop Mechanism . As requested by City Staff, Burns & McDonnell and Anchor QEA will
provide structural design services to design a stop mechanism at the end of the rail system,
d. Additional RFIs & Submittals for SCADA System; Burns & McDonnell has tompleted the reviews and
subm itted responses to 16 RFis and 22 Submittals. An additions I budget is requested to cover the
review, coordination and submittal of the anticipated multiple submittals for the SCADA remote
sensing and control system and the integration of this system into the City's existing systems and
4225 Executlue 5QL1arp i La Jolla, CA !32637
0 858-260-5985 \ F 714-256-1764 \ burnsmcd.com
BURNSMSDONNELL
N\:
Amendment No. 3
December 1, 202
Page 2
operations. The SCADA systern was provided as a performs nce specification to provide flexibility for
W5 integration but requires submittal of system design details.
Tidal lnfluenee will conduct additional biological monitoring as a result of the presence of California
GanatcatchC'r per the permit conditions, Tidal Influence will focus this monitoring to more disruptive
activities that include clearing and grubbing, grading and pile driving. This totals five full days or 10
half days of additional monitoring. Additional communication with the resource agencies per the
permit condition requirements due to the presence of this listed species.
f, Tidal Influence is requested to provide communications with the California Department of Fish &
Wildlife and California Coastal Commission staff regarding providing information and documentation
of compliance with approved project permits. The permit condition support includes developing a
permit conditions matrix and tracking compliance.
Task Cost: $65,460 {includes Tidal Influence $12,820 & Anchor $23,9+48)
Task 2: Welding Inspection & Testing
As requested, Group Delta will provide welding and related steel inspection and testing.
* Task Cast; $9,951 (includes $8,967 Group Delta)
The total cost of the amendment is $75,411.
Sincerely,
David H. Pohl, P.E., Ph.D.
Burns & McDonnell Engineering Company, Inc.
4225 Executl4e Square \ La Jolla, CA 92037
0 E3S 2G0 -5985 � $: 7 14,25 6.1764 \ burnsmcd,corn