HomeMy WebLinkAboutC-6023(A) - PSA for Big Canyon Restoration Wetland ProjectAMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
BIG CANYON RESTORATION WETLANDS PROJECT
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four') is made and entered into as of this 11th day of August, 2017
("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 4225 Executive Square, Suite 500, La Jolla, California 92037, and is made with
reference to the following:
RECITALS
A. On January 28, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering and design
services for the Big Canyon Restoration Wetland Project ("Project").
B. On November 24, 2015, 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 April 26, 2016, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services not previously
included in the Agreement, as amended, and to increase the total compensation.
D. On September 23, 2016, City and Consultant entered into Amendment No. 3 to
the Agreement ("Amendment No. Three") to reflect additional Services not
included in the Agreement, as amended, and to increase the total compensation
E. The parties desire to enter into this Amendment No. Four to reflect additional
Services not included in the Agreement, as amended, to increase the total
compensation, and update the Contractor's contact for Notices.
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, Exhibit A to this Amendment No. One, Exhibit A
to Amendment No. Two, Exhibit A to Amendment No. Three, and Exhibit A to this
Amendment No. Four 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, Exhibit B to Amendment No. One
Exhibit B to Amendment No. Two, Exhibit C to Amendment No. Three, and Exhibit B to
this 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
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 Nine Hundred Fifty One
Thousand Nine Hundred Eighty Four Dollars and 00/100 ($951,984.00), 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 an amount not to exceed
Twenty One Thousand Five Hundred Forty Three Dollars and 00/100 ($21,543.00).
3. NOTICES TO CONTRACTOR
Section 26.3 shall be amended in its entirety and replaced with the following: "26.3
All notices, demands, requests or approvals from City to Consultant shall be address to
Consultant at:
Attn: Stephen J. Gruber
Burns & McDonnell Engineering Company
4225 Executive Square, Suite 500
La Jolla, CA 92037"
4. 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
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y' OF ICE
Date: 7
'. • • • •:•
AttorneyCity
ATTEST:
Date:
By: e4`pm�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Dave iff �l
City Manager
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date: �q n , w
B�I'KSYYI ���
Za'TF OVA'MI1Fi
Vice President
Date: Ci./,Q 2/ 0,-)1 `7
B -e��� _% Qi s /Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
BURNS I MC-DONNELL
June 15, 2017
Dr. Bob Stein
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Re: Amendment #4 for the Big Canyon Restoration and Water Quality Improvement Project — Shot
Hole Borer Services
Dear Dr. Stein:
Burns & McDonnell Engineering Company (Burns & McDonnell) has a Professional Services Agreement
with the City of Newport Beach (City) for the Big Canyon Restoration and Water Quality Improvement
Project (Project). Below is a request for Amendment #4 for the project cover additional costs associated
with the polyphagous shot hole borer (PSHB) that was recently found on site and associated mitigation
measures, irrigation line modifications, and PSHB stockpile check, and responses to requests for
information (RFIs) throughout the course of construction.
The tasks are described below. Thank you for your consideration
Task 1 PSHB Coordination
This task includes coordination by the ESA monitor with the City, City contractors, and a
representative from the Eskalen Lab from U.C. Riverside who is an expert in identifying PSHB
and providing recommendations to prevent the spread of the infestation. The ESA biological
monitor will coordinate with the U.C. Riverside PSHB expert to submit a memo summarizing
immediate measures to implement for the construction crews, to be submitted to the City. The
City will provide direction to the construction crews on how to proceed with the measures
outlined in the memo, with the ESA biological monitor onsite to confirm treatment methods are
being implemented correctly. The ESA monitor will coordinate as -needed with City staff and
construction crews to implement corrective measures.
This task also includes a field review of the proposed stockpile area for treatment of vegetation
cuttings that are infected by PSHB, to confirm sensitive biological resources would not be
impacted by stockpile of cuttings. The ESA biological monitor will coordinate with the City to
recommend alternative stockpile areas as needed.
Task 2 Mapping
The ESA biological monitor will map all infected trees within and adjacent to the project site and
create a digital polygon of the total area infected. The map entails walking throughout the project
site and the riparian corridor contiguous with the riparian habitat onsite and using a GPS device
to collect waypoint data of infected trees showing sign of PSHB. The map will include the limits
of jurisdictional wetlands and waters in order to assist the monitor provide a recommendation for
treatment stockpile areas.
Task 3 PSHB Recommendations Memo
This task includes the preparation of a memo summarizing measures to treat PSHB and prevent
further expansion of the infected area. The memo will also include cost estimates for long-term
monitoring to ensure habitat mitigation and restoration success. This task does not include
implementation of the recommendations, as it is assumed the purchase of materials and
application of treatment would be completed by the City.
Task 4 Irrigation Line Modifications Review
This task includes effort requested by the City on April 10, 2017 to review modifications to the
irrigation system for site restoration.
Task 5 PSHB Stockpile Check
This task includes effort requested by the City on April 11, 2017 to inspect the stockpile of
chipped wood for evidence of PSHB.
Task 6 Additional Irrigation Review
This task includes effort requested by the City on April 24, 2017 to modify the irrigation design
to include areas near the northern trail system.
Task 7 Construction Submittal Review
This task includes effort requested by the City and the contractors for the Project via RFIs for
areas within the design plan and specifications that include the restoration and mitigation areas,
portions of the irrigation plan, and compost and planting procedures. These areas were never
included in the original Scope of Work between Burns & McDonnell and the City (as the
restoration component of the Project was added as the Project design progressed).
Task 8 Additional Weekly Biomonitoring
This task includes effort for additional weekly biomonitoring required by the permits through the end of
the Project for Mr. Gruber to perform the required site visits.
A breakdown of the effort (hours), staff, and costs associated with each of the tasks listed above is
provided in Table 1. The additional Project funding requested in Amendment #4 for the services
outlined above is $21,543.00.
If you have any questions regarding the Amendment #4 request, please feel free to contact me directly
at (858) 320-2946 or at sigruber(a)burnsmcd.com.
Sincerely,
Stephen J. Gruber
Project Manager
cc: Chris Snider, PE
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
a+
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
U
V
Lri
ON
N
a
t00
t0
H
O
M
T
00
N
t^11
m
m
YO
Ill
N
�
V?
VT
tR
th
VT
tR
N
L
N
O 0
I�
l0
01
00
c
0
N
N
Q
0
N
N
Ln
N}
Q
O
O
L
O
L„I
V
O
LO
00
Imi
o
Y
L
00
C
N
O
N
O
N
C
t
N
t0
00
N
Y
O
N
M
�
3
v
v
a
c
CD
m
Ln
0
00
O
4^
N
N
C
O
H
v
m
m
L
c
m
N
LD
m
N
V
H
H
lD
U
.n
>
w
'+
�*
00
0q
0
c
o
g
o
v
o
v
O
u
W
C
'O
"O
L
O
E
N
T
O
O
mc
u
c
u0
m�
Ln
m
bn
U
E
s
n
o
o
C
Co
d
m
I;
m y
'j
m
.L"
N
Y
N
2
m
S
04
2
'O
"O
C
'fl
•'
7
Y
d
d
K
NT
to
a
Q
O
U
0)
a
<
Q
2
o
u
O
N
M
V
IA
LO
I,
00
O
O
H
2
F-
F
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/11/17
Dept./Contact Received From: Public Works
Date Completed: 10/10/17 Sent to: Lucie By: Jan
Company/Person required to have certificate: Burns & McDonnell Engineering
Type of contract:
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/1/16 —12/1/17
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
M Yes ❑ No
D.
LIMITS (Must be $11M or greater): What is limit provided?
$1M / $2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
M Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
M N/A ❑ Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A ❑ Yes M No
H.
Operations status does not apply to Waste Haulers)
M Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
M Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes M No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
M N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A M Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/1/16 —12/1/17
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater) A / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
M Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage ('rf individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
M N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes M No
H.
NOTICE OF CANCELLATION:
❑ N/A M Yes ❑ No
Ill. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY: 12/t/16 -12/l/17
B. AM BEST RATING (A- : VII or greater): Liberty Mutual Fire Insurance Company
C. ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY — 12/1/16-12/1/17 ZURICH AMERICAN INS CO. A+/XV ADMITTED
$2,000,000/$2,000,0000 ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
10/10/17
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
BIG CANYON RESTORATION WETLANDS PROJECT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 23rd day of
September, 2016 ("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 4225 Executive Square, Suite 500, La Jolla, CA 92037, and is made with
reference to the following:
RECITALS
A. On January 28, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement') to engage Consultant to provide engineering and
design services for the Big Canyon Restoration Wetland Project ('Project').
B. On November 24, 2015, 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 April 26, 2016, City and Consultant entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to reflect additional Services not previously
included in the Agreement 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 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, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two and Exhibit A to this Amendment No. Three 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, Exhibit B to Amendment No. One,
Exhibit B to Amendment No. Two and Exhibit B to this Amendment No. Three 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 Nine
Hundred Thirty Thousand Four Hundred Forty One Dollars and 001100
($930,441.00), 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
Sixty One Thousand One Hundred and Eleven Dollars and 001100 ($61,111.00).
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
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR EY' OFFICE
Date:
By:
Aaron C. Harp p►ti
City Attorney alb
ATTEST: ���s /
Date: •
AL,
J
By: , so��
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: lol S' I1 -t,
By:
Dave
City Manager
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
Signed in Counterpart
By:
Renita Mollman
Vice President
Date:
Signed in Counterpart
Bv:
Elizabeth Hall
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
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: T7 �11V
By:_ a�nd I't k--,
Aaron C. Harp W-' �,
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
ATTEST: CONSULTANT: Burns & McDonnell
Date: Engineering Company, Inc., a Missouri
Corporation
Date: lO
By: By:
Leilani I. Brown Renita Mollman
City Clerk Vice President
Date: 10/3 j) k
&t.•� c)(/,r; //
ElSecretary
ihbetK
OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
BURN S `MSDONNELL
August 30, 2016
Dr. Bob Stein
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Re: Amendment #3 for the Big Canyon Restoration and Water Quality Improvement Project —
Construction Services
Dear Dr. Stem:
Bums & McDonnell Engineering Company (Bums & McDonnell) has a Professional Services Agreement
with the City of Newport Beach (City) for the Big Canyon Restoration and Water Quality Improvement
Project (Project) to prepare construction documents for water quality improvements in Big Canyon,
downstream of Jamboree Road. The City has requested that Burns & McDonnell prepare a third
amendment to the contract (Amendment #3) for additional construction services required for the Project.
The Amendment #3 request includes additional services to complete the Project for a not -to -exceed fee of
$61,111. The fee for each task is detailed in Table 1. The tasks are describedbelow.
The City's representative for the Project is designated as the "Engineer". Burns & McDonnell agrees that
all construction services performed by Burns & McDonnell and its subconsultants will be performed
when requested by Engineer. All Burns & McDonnell staff, and its subconsultants, while on the
construction site, will wear safety gear required by the Engineer. All staff upon arriving at the
construction site will first report to the Engineer and receive direction prior to executing assigned tasks.
Task 1. Construction Services
Under Task6 (Construction Services) of the current Professional Services Agreement, Burns & McDonnell
is contracted to provide the following services as requested by the City:
• Provide assistance during bidding
including preparing addenda as required.
• Assist in bid evaluation
• Attend one pre-bid meeting
• Attend and lead one preconstruction
meeting
• Answer requests for information (RFIs)
• Review shop drawings
• Review and process submittals
• Conduct regular site visits during
construction
• Attend regular site progress meetings
4225 Executive Square\ Suite 500\ La Jolla. CA 92037
O 858-320-2920 \ F 858-550-9951 \ burnsmcd.corn
CA Contractor License 755238
BURNS MCDONNELL
Burns & McDonnell will complete these services for a total fee of $52,340 as part of the current Professional
Services Agreement and no additional funds are requested under Amendment 3.
In addition to these services, Bums & McDonnell is requesting additional funds for our sub -contractor,
Stantec Engineering (Stantec). Stantec was brought in on the Project at the request of the City after the
Professional Services Agreement with the City was finalized to assist with design features associated with
the stilling basin and sewer diversion for the Project. In Amendment 3, we are requesting $6,500 for Stantec
to assist with submittal reviews, responding to RFIs, attending field meetings, and providing other support
services related to the design features of the Project Stantec has been involved with.
Deliverables:
Assistance in bid evaluation, attendance at preconstruction meetings, written responses to RFIs,
regular site visits during construction and progress review meetings.
The fee for Task 1 is $6,500.
Task 2 - Biological Monitoring
This task includes conducting pre -construction biological surveys, biological compliance training,
biological monitoring during construction, and reporting to document compliance with permit conditions
from the regulatory agencies (ie., U.S. Army Corps and Regional Water Quality Control Board Clean
Water Act 404 and 401 permits, California Department of Fish and Wildlife Streambed Alteration
Agreement, and California Coastal Commission Coastal Development Permit). The pre -construction
surveys will be performed by our sub -contractor, ESA, to confirm conditions that are stated in the permit
applications and CEQA document, and the location of special -status resources (i.e., special -status plants)
within the limits of disturbance, to identify resources as appropriate, to flag for avoidance. Descriptions of
specific sub -tasks to be conducted by a qualified ESA biologist are provided below.
Task 2a - Within one week of construction, an ESA biologist will conduct a preconstruction survey
within the limits of disturbance to confirm the presence of special -status plants (Fish & Wildlife
Mitigation Measure 2.9). Additionally, the presence of nesting birds within the limits of disturbance
and 500 -foot buffer of the site will be conducted. Special -status plants and locations of observations
indicating nesting activity will be recorded using global positioning system (GPS) units. After
2
BURNS `MC.DONNELL
completion of the preconstruction survey, a brief Biological Summary Memorandum will be prepared
summarizing the results of surveys and submitted to the Engineer.
If it is determined nesting birds are present on-site or within the adjacent buffer, the ESA biologist
will notify Butes and McDonnell and the City to discuss potential measures to avoid and minimize
impacts to nesting birds. Measures may include establishment of a non -disturbance buffer around the
nest where construction activities would be delayed until confirmation that nesting activity has
finished and/or young birds have fledged, monitoring activity of the nesting birds during construction,
or implementation of noise abatement measures (noise walls, etc.).
Task 2b - Prior to construction initiation, an ESA biologist will conduct a biological compliance
training to the construction contractor team (Fish & Wildlife Mitigation Measure 2.4). The training
will provide an overview of the avoidance/ minimization requirements of final agencypermits and the
location of special -status resources to be avoided. The ESA biologist will collect signatures of
training attendees. On the same day as the environmental awareness training, the ESA biologist will
verify the limits of work with the construction foreman and flag sensitive biological resources to be
avoided during construction, per permit conditions.
Tas k 2c - Prior to construction initiation, an ESA biologist will conduct a preconstruction bat (Fish
&Wildlife Mitigation Measure 2.12) survey within the limits of disturbance. The survey should be
conducted no more than a month prior to the start of construction and within the same season that
construction will take place. This survey will focus on potential roosting habitat, such as culverts,
snags, riparian areas, and palm trees on site. The biologist will survey the site on foot during daylight
hours to search for potential roost locations and look for signs of bat presence such as guano and
staining. If roosting bats are observed, they will be identified and recorded. ESA biologist(s) will
conduct a roost exit survey at the potential roost structures from approximately 1 hour before to at
least 2 hours after sunset to assess bat occupation of potential roost sites. Exit count surveys would
include the use of acoustic monitoring equipment to detect and record bat echolocation calls, which
will be processed offsite using Sonobat software to identify bats to the species level using automated
and manual classification. A thermal imaging camera will also be used to locate and record bats
exiting roosts. If bats are determined to be roosting on the Project site, Project activities may not
commence until CDFW has been consulted, as stipulated in Mitigation Measure 2.12 of the Draft
SAA for the Project. Following completion of the preconstruction bat survey, ESA will analyze
recorded bat calls and prepare a brief letter report summarizing the results of the survey (Fish &
3
BURNS MSDONNELL
Wildlife Report Measure 4.2). If maternity colonies are detected or special -status bat species are
determined to be roosting on site, additional avoidance/minimization measures may be required based
on consultation with CDFW. The cost for implementing additional measures, such as preparing a
mitigation and exclusion plan is not included in this scope of work.
Task 2d -Biological monitoring during construction will include weekly inspections of the work by
an ESA biologist to verify conformance with agencypermits (Fish & Wildlife Mitigation Measures
2.2 and 2.3), for a total of 5 months (or approximately 20 weeks). Monitoring may be conducted on
any day during the week timed by the type of work being conducted and based on the availability of
the biologist. This monitoring will be done by an ESA biologist familiar with the Project and permit
requirements. A monitoring form will be completed for each monitoring visit. Monitoring activities
will be coordinated with the oversight of the restoration activities in Task 6 when feasible, so that
both efforts can be completed by the same person when on site to be cost effective. The monitoring
will be summarized in a Biological Monitoring Summary Report that will be submitted within 2
weeks of completion of construction activities. The effort assumes a total of 20 visits.
Assumptions:
• For purposes of this scope of work, it is assumed nesting birds would not be present within the
Emits of work or 500 -foot buffer. If nesting birds are detected, ESA will coordinate with Bums
and McDonnell and the City on the need for additional scope and cost.
• If construction extends beyond the 5 -month period and additional monitoring visits are required,
the need for an amendment to this scope and cost will be coordinated with the City, as applicable.
• For each ESA deliverable identified below, it is assumed that electronic versions (Word
document and PDF) will be submitted for the initial draft. It is anticipated that the City will
provide edits to the initial draft via Word track -change edits and comments electronically. Within
one week of receipt of edits from the City, a final draft will be provided. The final draft will
include a Word track -change version, a Word clean final version, and a PDF with attachments
and figures as appropriate.
Deliverables:
• Pre -construction Biological Survey Memorandum — Within 24 hours of completing the pre -
construction survey, a biological summary memo will be prepared and submitted to the Engineer.
The memo will include a list of wildlife species observed. It will also include a list of special -
4
BURNS ,MEDONNELL
status plant species observed, and other biological resources that would be flagged for avoidance.
If nesting birds are detected, the memo will include confrmation of nesting activity and a list of
bird species determined to be nesting. The memo will also include a map of special -status plants
observed, in addition to nesting birds (if detected).
• Biological Monitoring Summary Report — Within 2 weeks of completion of construction
activities, a summary report will be prepared and submitted to the Engineer. The summary report
will include the date of the pre -construction biological compliance training and a copy of the
training sign -in sheet. It will also include a summary of construction activities and monitoring
activities, and statement of compliance with agency permit requirements. Monitoring logs will be
included as an appendix to the report.
The fee for Task 2 is $22,268.
Task 3 - Restoration Ecologist Construction Services
This task includes providing construction services for implementing the Big Canyon Project Habitat
Mitigation and Monitoring Plan (HMMP) and Landscape and Irrigation Plans (ie., construction
drawings and specifications). Burns & McDonnell's sub -consultant, ESA, will conduct this task. The
Project HMMP includes creation of 0.25 acre of riparian forest and enhancement of 0.64 acre (within
an approximate 1.07 acre area) of riparian habitat. The effort assumes coordination with Task 2 for a
total 9 -week period, including an approximate 5 -week period to complete mobilization,
clearing/grubbing and earthwork (note: earthwork including application of soil amendments for the
habitat mitigation will likely take less time) and an approximate 4-weekperiod to complete nonnative
plant removal, irrigation system installation, and planting and seeding. The estimated effort assumes
twice weekly inspections by the biologist over the 9 -week period, review of As -Built drawings
prepared by the construction contractor, and preparation and submittal to the Engineer of two status
memorandums during the installation phase and one final installation summary letter report. As
directed by the Engineer, the restoration and mitigation installation oversight may include a site visit
by the design hydrologist.
Sub -tasks:
• The restoration ecologist will educate the construction contractor on the restoration and
habitat mitigation goals and requirements (training conducted on one day prior to the
initiation of work).
5
BURNS `MSDON NELL
• The restoration ecologist will confirm the construction contractor has properly marked the
work limits with flagging and temporary fencing (to protect adjacent sensitive native habitat)
prior to the initiation of work.
• The restoration ecologist will confirm the construction contractor has removed all nonnative
species specified by the plans within Project work limits, and properly disposed of the
nonnative plant debris.
• The restoration ecologist will coordinate with the construction contractor on the Project
grading to assure appropriate grades and hydrologic conditions are established. This oversight
also includes confirmation that the appropriate soil amendments (i.e., gypsum and compost)
are applied in accordance with the plans.
• The restoration ecologist will coordinate with the construction contractor to assure
specifications regarding an irrigation system (or other means of providing temporary
irrigation) are implemented as specified in the plans.
• The restoration ecologist will inspect seed and plant material provided by the construction
contractor to verify the proper species, source material, and quantities are provided. The
restoration ecologist will also coordinate with the construction contractor to ensure proper
layout of the plant material
Assumptions:
• The scope includes the habitat mitigation installation construction phase and does not include the
post -installation 120 -day plant establishment period or the 5 -year post -installation period.
• The scope assumes the construction contractor will be responsible for preparation of As -Built
construction drawings. The scope does include up to 6 hours for the restoration ecologist to
review and provide comments on the As -Built drawings.
• For each deliverable identified below, it is assumed that electronic versions (word document and
PDF) will be submitted for the initial draft. It is anticipated that the City will provide edits to the
initial draft via Word track -change edits and comments electronically. Within one week of receipt
of edits from City, a final draft will be provided. The final draft will include a Word track -change
version, a Word clean final version, and a PDF with attachments and figures as appropriate.
6
BURN SMSDONNELL
Deliverables:
• As directed by the Engineer, preparation of two Restoration Summary Memorandums during the
installation construction phase to review the status of the work, and any issues of note and how
they have been addressed.
• As directed by the Engineer, preparation of a succinct Restoration Oversight Summary Letter
Report at the completion of installation that will review the primary installation activities will be
provided to the City.
The fee for Task 3 is $28,023.
Task 4 —Additional Effort for Landscape Plans
Change from Recycled to Potable Water - Between the 90% and 99% Design plans, the City requested
the source of irrigation to be switched back from recycled to potable water. Burns & McDonnell's sub -
consultant, ESA, reduced the cost of this change on the plans by moving the point of connection and
detailing it. This resulted in some rework of the irrigation plan, because the point of connection moved to
the other end of the Project, the mainline moved, a number of valves moved, and pipe sizing was revised.
Additional effort was required above the plan modification in the details and materials specifications due
to the change in water source. This effort was outside of our original scope and we are requesting re-
imbursement for these costs.
The fee for Task 4 is $4,320.
7
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
BURNS N41,MSDONNELL
The additional Project funding requested in Amendment #3 is sur marized by task in Table 1.
Table 1— Amendment #3 Cost Summary
Task
Task Description
Funding
Requested
1
Construction Services by Stantec
$6,500
2
Biological Constriction Oversight by ESA
$22,268
3
Restoration Ecologist Construction Oversight b ESA
$28,023
4
Additional Effort for Landscape Plans
$4,320
Total: $61,111
If you have any questions regarding the Amendment #3 request, please feel free to contact me directly at
(858) 320-2946 or at sigruber(cbburnsmcd.com.
Sincerely,
Stephen J. Gruber
Project Manager
cc: Chris Strider, PE
t=' AMENDMENT NO. TWO TO
—� PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
BIG CANYON RESTORATION WETLANDS PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 26th day of April, 2016
("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 4225 Executive Square, Suite 500, La Jolla, California 92037, and is made with
reference to the following:
RECITALS
A. On January 28, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering and
design services for the Big Canyon Restoration Wetland Project ("Project").
B. On November 24, 2015, 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. The parties desire to enter into this Amendment No. Two 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:
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, 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.
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, 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 Fifty Nine Thousand Three Hundred Twenty Six Dollars and 00/100
($859,326.00), 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. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Twenty Three Thousand Eight Hundred Fifty Six Dollars and 00/100
($123,856.00).
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
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY AT= �S OFFICE
Date: �j
By: tcYt"
Aaron C. Harp
City Attorney
ATTEST: /-
Date:
By: Qam� C�p l l�
Leilani L Brown
City Clerk
CITY OF NEWPORT BEACH,
a California mu ipal corporation
Date: IL-1. / L
By: V'/AIi eJ
D ane B. Dixon
Mayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
corporation
Date:
By: Signed in Counterpart
Renita Mollman
Vice President
Date:
By:
Signed in Counterpart
Elizabeth Hall
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Q16
City Attorney
ATTEST:
Date:
Cid
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Diane B. Dixon
Mayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
corporation
Date:
B.W� WL,
y .:
Renit Mollman l
Vice President
Date: q- Z i- i to
El�zabefM Hall-
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
BURNS W;DOXKEL L
April 11, 2016
Dr. Robert Stein
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Re: Amendment #2 for the Big Canyon Habitat Restoration & Water Quality Improvement Project
Dear Robert:
Bums & McDonnell Engineering Company (Burns & McDonnell) has a Professional Services Agreement
with the City of Newport Beach (City) for the Big Canyon Habitat Restoration & Water Quality
Improvement Project (Project) to prepare construction documents for water quality improvements in Big
Canyon, downstream of Jamboree Road. The City of Newport Beach has requested that Bums &
McDonnell prepare a second amendment to the contract (Amendment #2) for additional services required
for the Project.
The Amendment #2 request includes additional services to complete the Project for a not -to -exceed fee of
$123,856.00. The tasks and fees associated with Amendment #2 are described below.
Task 1. Planning Options
At the direction of the City, Bums & McDonnell provided preliminary design and coordination for an
Orange County Sanitation District (OCSD) dosing station planned for potential incorporation into Project
adjacent to the bioretention cell. This task included development of siting and preliminary grading plans
for the dosing station pad, project description text for permitting, plan coordination, and cost estimating
for the dosing station. This task also includes the preparation of planning options and modifications to
the treatment wetland and the bike and walking trail, as well as improvements to the access road at
Jamboree Road. These elements will be incorporated into the environmental and permitting documents as
part of Task 1. The fee for Task 1 is $22,100.
4225 Executive Square 1 Suite 500 \ La Jolla, CA 92037
O 858-320-29201 F 858-550-9951 1 bumsmcd.com
CA Contractor License 755238
BURNS `ME®®NNELL
Task 2. Drawing Revisions and Modifications
The existing drawings for the Project incorporated installation of a 75 -foot long, 12 -foot high box culvert
extension at the end of the existing corrugated metal pipe (CMP) culvert for Big Canyon Creek at
Jamboree Road. The culvert extension was part of the OCSD maintenance road design. In Task 2, the
existing drawings will be revised to eliminate the culvert extension and relocate the streambed stilling
basin adjacent to the end of the existing Jamboree Road CMP culvert. Design modifications will include
re -grading the north bank of Big Canyon Creek downstream of Jamboree Road, adding concrete slope
protection, modifying the diversion structure layout, and modifying the flood plain grading. The fee for
Task 2 is $17,000.
Task 3. Final Drawings Preparation — Trail Design
In Task 3, Bums & McDonnell will prepare final drawings and details for a bike and walking loop trail
associated with the Project area and incorporate the trail drawing into the overall creek restoration design.
This task includes additional coordination among the City, Irvine Ranch Conservancy, Burns &
McDonnell and its permitting sub -consultant. The trail design will include a paved trail from Jamboree
Road into the canyon, stairs to access the trail on the north side of the project area, and a new trail along
the north side of the canyon to connect the proposed project trail to the existing trail. The stair design
could be concrete to match the culvert extension headwall architectural treatment or a stone paver type
design. The fee for Task 3 is $12,900.
Task 4. Habitat Mitigation & Monitoring Plan Revisions
In this task, Burns & McDonnell and our permitting sub -consultant will revise the Habitat Mitigation and
Monitoring Plan (HMMP) as directed by the City to remove 0.46 acres of previously planned Riparian
Woodland restoration area. The HMMP will be finalized based on City review comments. The fee for
Task 4 is $9,880.
BURNSME-DONNELL
Task 5. Landscape and Temporary Irrigation Drawings
Bums & McDonnell and our permitting sub -consultant will prepare landscaping and temporary irrigation
drawings for the site restoration (total of 10 drawing sheets). The irrigation plan will include the design
of a temporary irrigation system for establishment of restoration and mitigation plantings. Permanent
irrigation may also be provided in high visibility areas to maintain landscape screening along trails and
around permanent structures. This task also includes the preparation of restoration landscape plans for
areas outside the original Project area as well as details and specifications forbidding and construction.
This task also provides for the preparation of construction drawings for the supply of water from the
source identified by the City in 2009 for the Big Canyon Restoration Project. The identified source
consists of an existing 12 -inch water line situated within the access road to the Park Newport Apartments.
The drawings will include the connection to the existing line and the installation of a water meter per the
City's standard plans. The drawings will also provide for the installation of a water line between water
source and the proposed landscaping. Drawings, specifications, and a cost estimate will be prepared as a
part of this task. The task also includes a total of 20 hours to respond to agency review comments. The
fee for Task 5 is $49,139.
Task 6. Water Quality Monitoring Plan and Report
Bums & McDonnell will prepare one water quality monitoring plan for the project and a project report
documenting the pre and post -project water quality performance, as required by the Orange County
Transit Authority (OCTA). We have assumed the City will conduct the water quality sampling and pay
for all analytical costs. A draft report summarizing the sampling events and results will be prepared for
the City's review. Comments received from the City will be incorporated into a final report that will be
submitted to the City and OCTA. The fee for Task 6 is $12,837.
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
BURNS1% ME-®ONNELL
The additional project funding requested in Amendment #2 is summarized by task in Table 1,
Table 1— Amendment #2 Cost Summary
Task
Task Description
Funding
Requested
1
Planning Options
$22,100.00
2
Drawing Revisions and Modifications
$17,000.00
3
Final Drawings Preparation — Trail Design
$12,900.00
4
Habitat Mitigation & Monitoring Plan Revisions
$9,880.00
5
Landscape and Temporary Irrigation Drawings
$49,139.00
6
Water Quality Monitoring Plan and Report
$12,837.00
Total: $123,856.00
If you have any questions regarding the Amendment #2 request, please feel free to contact me directly at
(858) 320-2946 or at sjggruberAbumsmcd.com.
Sincerely,
Stephen J. Gruber
Project Manager
cc: Chris Snider, PE
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
BIG CANYON RESTORATION WETLANDS PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 24th day of November,
2015 ("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 4225 Executive Square, Suite 500, La Jolla, California 92037, and is made
with reference to the following:
RECITALS
A. On January 28, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide engineering and
design services for the Big Canyon Restoration Wetland Project ("Project").
B. City desires 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:
i�yNICITA161 l,1tU 3NN»09161NIM4111
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
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 Seven
Hundred Thirty Five Thousand Four Hundred Seventy Dollars and 00/100
($735,470.00), 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. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Thirty Five Thousand Seven Hundred Twenty Dollars and 001100
($135,720.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'$ OFFICE
Date:
By:
Aaron C. Harp LAM Ottalic-
City Attorney
ATTEST: ��
Date:
_�_�
By: C� �n-
VLeilani (.`Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 4"
By: �\P.,
E ward D. elich
Mayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
Signed in Counterpart
By:
Renita Mollman
Vice President
Date:
Signed in Counterpart
By:
Elizabeth Hall
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Burns & McDonnell Engineering Company, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTQRNEY'S OFFICE
Aaron C. Harp wM uIluur
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Edward D. Selich
Mayor
CONSULTANT: Bums & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date: / I — 23 —15
B L_J"
R ne to Mollman
Vice President
Date: 1 I - 2-3 — /5
Ehzabdth Hall
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Burns & McDonnell Engineering Company, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
BURNS`ME-DONNELL
September 25, 2015
Robert Stein, PhD, PE
Assistant City Engineer
3300 Newport Blvd.
City of Newport Beach, California 92663-3884
Re: Big Canyon
Revised Project Summary and
Request for Additional Project Funding
Dear Robert:
Burns & McDonnell Engineering Company, Inc. is pleased to provide this project summary and
request for additional project funding for new permitting and design services which are in
addition to our current scope of work.
As you are aware, our current agreement dated January 28, 2015 provided permitting and design
services for the original project concept design. The total fee for professional services under the
original agreement is $599,750.
Following the City's notice to proceed, Burns & McDonnell, along with our project team
partners, initiated the design and permitting based upon the original concept. During the
development of the project concept, the City identified potential improvements in the project
concept and we discussed several concept alternatives. The City requested the design and
permitting be temporarily suspended to enable time for additional study and sampling of surface
water in Big Canyon Creek. The intent of the additional sampling and study was to test a
hypothesis that localized areas of elevated selenium concentrations in surface water could be
identified in in Big Canyon near Jamboree Road.
The additional surface water sampling and study has identified seeps and elevated concentrations
of selenium in surface water near Jamboree Road. Groundwater seeps were found and sampled
near the culvert east of Jamboree Road. Sampling results indicate the seeps are likely a
significant contributor to elevated selenium concentrations in surface water based upon both seep
sampling results and surface water sampling results.
Bums & McDonnell and the City developed, discussed, and evaluated several alternatives to the
original concept based upon the new sampling data. A revised concept design involving a
diversion of dry weather flows around the seeps and collection of groundwater in the area of the
culvert extension west of Jamboree Road was selected. We believe the project concept design
has been improved based on the additional data collected and the revised concept design will
result in greater dry weather selenium mass removed from Big Canyon compared with the initial
concept design.
4225 Executive Square \ Suite 500 \ La Jolla, CA 92037
O 858-320-2920 \ F 858-550-9951 \ burnsmcd.com
CA Contractor License 755238
BURNS `MSDONNELL
Robert Stein, PhD, PE
September 25, 2015
Page 2
The major conceptual design revisions include the following:
• Eliminate the dry weather pump station to convey dry weather flows to the wood chip
bioreactor
• Eliminate the wood chip bioreactor
• Eliminate the vegetated submerged bed wetland
• Add a `fresh water' diversion at the golf course east of Jamboree
• Add a seep water diversion to the sanitary sewer system
• Add a groundwater diversion to the sanitary sewer system
• Add additional site restoration adjacent to and west of the project site
• Incorporate the culvert extension and access road into the project
Bums & McDonnell requests an amendment to our current agreement dated January 281i, 2015
to accommodate the new design and permitting scope. The requested funding takes into account
the time and expenses spent on the project to date, the savings resulting from project elements
eliminated, and the new design and permitting required. The additional project funding
requested is summarized in the following Table 1.
Table 1— Overall Fee Adjustment Summary
Task Description
Funding Requested
Design Scope Adjustments (Bums & McDonnell)
$66,375
Permitting Scope Adjustments Subcontract to ESA)
$38,045
Finalize Access Road / Culvert Extension Desi (Subcontract to VA)
$29,500
Permitting for Access Road / Culvert Extension (Subcontract to ESA)
$1,800
Total
$135,720
Detailed scopes of work and fee adjustment breakdowns for Burns & McDonnell and our
professional sub consultants are attached hereto.
Sincerely,
Christopher J. Snider, PE, PG
Project Engineering Manager
BURNS `MEDONNELL
Robert Stein, PhD, PE
September 25, 2015
Page 3
cis
Attachments: Burns & McDonnell Amendment #1
ESA Scope and Fee Adjustments
VA Proposal
cc: Steve Gruber
15
N
D PROFESSIONAL SERVICES AGREEMENT
9 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
U BIG CANYON RESTORATION WETLAND PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 28th day of January, 2015 ("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 1 Pointe Drive, Suite 540, Brea, California
92821, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide engineering and design services for
the Big Canyon Restoration Wetland Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit 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
Ninety Nine Thousand Seven Hundred Fifty Dollars and 00/100 ($599,750.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Burns & McDonnell Engineering Company, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Steve Gruber to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
Burns & McDonnell Engineering Company, Inc. Page 3
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
Burns & McDonnell Engineering Company, Inc. Page 4
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
Burns & McDonnell Engineering Company, Inc. Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
orjoint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CARD data;
Burns & McDonnell Engineering Company, Inc. Page 6
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
Burns & McDonnell Engineering Company, Inc. Page 7
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
Burns & McDonnell Engineering Company, Inc. Page 8
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steve Gruber
Burns & McDonnell Engineering Company, Inc.
9400 Ward Parkway
Kansas City, MO 64114
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
Burns & McDonnell Engineering Company, Inc. Page 9
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
Burns & McDonnell Engineering Company, Inc. Page 10
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: L 4 f S'
By: (, h
_A6'roA C. Harp CAM o111al1s
City Attorney
ATTEST: r�
Date:
CITY OF N
a Califorryi�`
Date:
By: I LY
Ed and D.
Mayor
VPORT BEACH,
unic grporation
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
CorporationZ1' `I �S
Date: _
By: By:
Leilani I. Brown Renit Mollman
City Clerk Vice President
Date: .2111 1 is
i
. (�Sw
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Burns & McDonnell Engineering Company, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
Scope of Services
The BCTW will be designed to treat both dry weather and wet
weather runoff. Approximately 25% to 30% of the dry weather
flows from Big Canyon Creek will be diverted to the BCTW for
selenium and transportation -related pollutant removal. Wet
weather flows from the entire Jamboree Road drainage area will
be diverted to the BCTW for pollutant removal along with a
portion of the wet weather flows from Big Canyon Creek.
Burns & McDonnell has prepared a scope of services
specifically tailored to meet both the dry weather and wet
weather goals of the Project. Our Team prepared the original
concept design for the Project based on numerous site visit
assessments and we are uniquely qualified to deliver the
following scope of services.
Big Canyon Restoration Wetland Project I Scope of Work
Task 1— Field Survey
The Burns & McDonnell Team has conducted visual and The Big Canyon site at Jamboree Road is ideally suited
photographic assessments as part of the site selection process for a dry and wet weather natural treatment system
for the Project and we understand the infrastructure and space
constraints. We will conduct a site topographic survey as
needed to accurately represent field conditions. Horizontal and vertical controls for the project will be identified on the
ground survey. On-site utilities and utility easements will be identified along with property boundaries in the vicinity of the
project. Trails, southwest bound Jamboree, visible utilities, fences, outlines of vegetation, plus boundary identification,
utilities in the area of construction (marked by the utility companies), and easements in the area will be surveyed per title
report. The survey will include a detailed creek flow line, toe, and grade breaks. Topography will be in one -foot contours.
The coordinate system will be California Zone 6 State Plane 83, and NAVD 88 Elevations.
In addition to the basic surveying Burns & McDonnell will provide survey locations for:
• All major trees and shrubs that are native and invasive; and
• Locations for test pits and borings and monitoring wells required for Task 3.
Surveying the location of trees and shrubs that are native and invasive will assist us in preparing the restoration construction
plans where select invasive plants will be required to be removed and replaced with native plants. We will incorporate the
restoration to native plant species in the construction area and general vicinity of the Project site.
The proposed cost for Task 1 is: $20,675.
Task 2 — Construction Documents
The Burns & McDonnell Team will use our existing knowledge
of the Jamboree Road site to prepare all drawings,
specifications, schedules and cost estimates for the Project. We
will review the concept drawings in person with City staff,
discuss constructability and maintenance issues, and provide
recommendations. When directed, we will prepare construction
documents for the final recommended Project. Burns &
McDonnell will prepare storm water hydrologic and hydraulic
calculations for storm water and selected water quality
constituent loading rates to support the design. The Team will
prepare hydraulic calculations per City -provided creek flow
rates to support the design and an O&M Plan. To support the
development of the Project Construction Documents, the Team
will:
• Identify the location of the flood plain based on FEMA
Burns & McDonnell's BCTPV Concept Design was
specifically tailored to the specific conditions at the
Jamboree Road site
Burns McDonnell —0
Big Canyon Restoration Wetland Project ( Scope of Work
mapping
• Prepare a detailed project description to facilitate permitting
• Prepare a 30% complete plan set for permitting
• Prepare calculations for storm water run-off volume
• Design pipe conveyances from existing storm water piping into new system
• Design a pump station for dry weather surface water withdrawal from Big Canyon Creek
• Prepare 90% complete
plan set for City review
coww1.roroir txxnu aexoa.Hcu [xoueenup wswn. oc.
• Prepare 100% complete
hmhora Road
plan set for bidding WH Weather Fl—, r LID 516...1 Lhted—�
BCTW Design
The Concept Design for the
Project is depicted in the graphic
to the right. The design details are
based on our Team's experience
with this unique design that has
proven to be effective in meeting
the pollutant reduction
requirements of the Project.
Details for each element of the
design is presented on the
following pages.
Pump Station Design and
Associated Site Restoration
The Burns & McDonnell Team I IL _J t_. -J 04om60or 1.6,er I I I Newport Beach, California
will design a pump station and process flow for dry and wet weather conditions will remove pollutants to meet Project
restore Big Canyon Creek in goals while mitigating ecological risk
the area where Big Canyon
Creek discharges through the
culvert at Jamboree Road. The
Team will design a single, grouted, boulder step -pool structure where the culvert currently discharges underneath Jamboree
Road into an incised portion of Big Canyon Creek. The pool will dissipate erosive energy, stabilize the creek and provide a
convenient and stable location for pumping low flows from the creek to the treatment wetland. Adjacent to the step -pool, a
reach of eroded bank approximately 100 feet long on the left bank of Big Canyon Creek will be laid back to a stable angle,
stabilized using biotechnical methods, and revegetated with native plants.
In order to treat storm water from Big Canyon Creek, a pump station will be required. The pump will be designed similar to a
horizontal groundwater supply well. The pump inlet will be located below the step -pool. A pipe line will be designed from
the pump station to the bioreactor. The pump controls will be located outside the current 100 year floodplain. The final
design flow will be determined during the design phase.
The Burns & McDonnell Team will conduct a site visit to delineate the unstable bank areas, identify a stable gradient, and
identify the limit of grading. Final conceptual plans will be prepared that include:
• One grading and structures sheet showing the limit of grading for bank stabilization, the footprint of any biotechnical
treatments required, and the footprint of the boulder step -pool;
• One sheet of details and sections for the step -pool and associated biotechnical bank stabilization treatments; and
• A planting plan showing the footprint of revegetation treatment areas, along with a plant list including species and the
number of plants.
Burns & McDonnell 40
Big Canyon Restoration Wetland Project I Scope of Work
The conceptual plans will be used to estimate the area of temporary and permanent impact to jurisdictional and non -
jurisdictional areas so as to inform the regulatory and permitting process, and to develop conceptual level construction cost
estimates.
Primary Treatment Structure
Burns & McDonnell will design a structure to receive storm water from existing storm water piping serving Jamboree Road.
The purpose of the primary structure is to trap and contain trash, total suspended solids (TSS), and free oils. The primary
treatment structure will be located near the road shoulder and contain three chambers with manhole access lids. The first
chamber will be designed to collect dense solids and trash (floatables); the second will collect sediment and finer solids; and
the third will provide pretreatment storage and delivery of dissolved phase constituents to the bioretention cell. The manhole
access lids will be designed for periodic removal of trash and sediment by a Vac truck. The primary treatment structure may
also be designed to contain a float switch or other switch that automatically controls inflow from the Big Canyon Creek pump
station. During discharges from Jamboree Road, the pump station will be shut down until the treatment capacity is available
for handling water from Big Canyon Creek.
Bioretention and Bioreactor Cell
Burns & McDonnell will design a bioretention cell to treat storm water flows from Jamboree and a bioreactor cell to treat
surface water from Big Canyon Creek. The bioretention cell will be designed to treat selenium. The bioretention cell will be
designed on top of the bioreactor cell. Storm water will be designed to accumulate and flow vertically downward through
bioretention cell and then horizontally out through a gravel drainage layer.
The bioreactor cell will be designed using engineered soil and wood chips as the primary treatment media. The surface area
of the treatment cell will be approximately 0.4 acres in size and will be underlain by a 60 -MIL high-density polyethylene
(HDPE) liner.
The bioretention layer will be designed to be approximately 18 inches thick. The bioreactor layer will be designed to be
approximately 36 inches thick. The layers will be separated by a 12 -inch gravel layer with an upper 6 -inch sand filter bed
located between the bioretention soil and gravel. An additional bottom 12 -inch gravel drainage layer will be designed at the
cell bottom.
Water level and flows will be designed to be controlled by a
series of perforated and solid inflow and outflow pipes and
water control structures. The bioretention layer will receive
intermittent flows to maintain good native wetland type
vegetation for treatment of storm water from Jamboree Road.
The bioreactor cell will be designed to attenuate various
constituents, including selenium, in a reducing environment.
We have previously successfully designed an innovative
bottom up flow condition to remove and isolate metal
constituents. This is a very important consideration of design
and serves to mitigate potential ecological risk of
bioaccumulation of selenium in the surface environment. The
bioreactor cell will be designed to be augmented in the future
with a carbon food source such as MicroCg.
The influent from the pump station will normally be
discharged directly to the bottom of the bioreactor layer
through a gravel and pipe distribution system where fully
saturated conditions will be maintained by the water control
structure.
Treated water from both the upper and lower layers will be
discharged through the top gravel layer and pipe collection
Bioretention and Bioreactor Cell - The innovative flow of
water from the bottom up will isolate the selenium in the
bioreactor wood chip layer and therefore serve to mitigate
potential ecological risk
B urns & McDonnell AW
Big Canyon Restoration Wetland Project I Scope of Work
system. Discharges will be conveyed in a pipe and manifold system to the vegetative submerged bed (VSB) located
downstream.
Vegetated Submerged Bed Cell
The second treatment unit consists of an HDPE -lined VSB
wetland or horizontal flow constructed wetland cell. The cell
will be designed to be approximately 0.2 acres in size using
imported earthen fill. The VSB cell consists of an upper 18
inch engineered soil layer, six inch sand filter over a 12 inch
gravel drainage blanket. Water levels will be designed to be
controlled by a series of perforated and solid inflow / outflow
pipes and water control structures. The engineered soil layer
will receive constant flows with planned water level
approximately six inches below the surface to maintain good
native wet prairie and wetland type vegetation for further
polishing treatment of treated water discharged from the
bioretention and bioreactor cell.
Restored Streamway and Infiltration Trench
Treated storm water released from the VSB cell will be
designed to be discharged to a combined restored streamway
and infiltration trench. The restored streamway will be
designed to match small streams that would have existed in
Big Canyon prior to anthropogenic development. Native rock
boulders will be designed to line and reinforce the small
streamway.
The boulders design will require contractors to obtain imported
boulders from sources that provide materials similar to
siltstone or sandstone from the local Monterey, Niguel,
Capistrano, or Topanga Formations in coastal Orange County.
A riparian revegetation plan will be designed specifically for
the streamway.
The underlying streamway will be designed to be an
infiltration trench. This infiltration trench system is intended to
restore the small streamway subgrade with naturally occurring
higher permeability sediments that would have been present in
Big Canyon prior to anthropogenic development. Streamway
channel sediments will be designed to mimic and allow natural
recharge of the vadose zone near the creek channel. The
streamway will be connected to Big Canyon Creek.
Public Access and Walkway Plan
Vegetated Submerged Bed Cell - Water levels will be
designed to be controlled by a series of perforated and solid
inflow /outflow pipes and water control structure
Restored Streamway - Treated storm: water discharge to a
combined restored streamway. Native boulders uncovered
as part of the site excavation activities will be used to
construct the streamway along with other native rock
imported from local commercial sources
Burns & McDonnell recognizes the importance of this project to the Newport Beach community. Burns & McDonnell will
design a public access and walkway plan to enable the public access to the project and provide connection to existing hiking
paths in Big Canyon. The site restoration plan will be designed to include native landscaping, grasses, forbs, and shrubs along
the access walkway. This plan will be consistent with on-going restoration efforts planned for the Big Canyon Watershed
following consultation with the City, environmental organizations (such as the Newport Bay Conservancy and the Irvine
Burns & McDonnell ia
Big Canyon Restoration Wetland Project I Scope of Work
Ranch Conservancy, and the appropriate regulatory agencies). Burns & McDonnell will also design one vehicle access path
to provide maintenance assess to the Primary Treatment Structure (please see rendering at the end of Project Understanding).
Bench -top Bioreactor Design Optimization
Burns & McDonnell recognizes and appreciates the City's
willingness and commitment to employing new, and
innovative natural system technologies to reduce both
storm water pollutant and selenium loads to Upper
Newport Bay. Over a two month evaluation period,
individual bioreactor test cells will be designed,
constructed and operated in Burns & McDonnell's
laboratory. The purpose of the testing program is to
identify which bioreactor media recipe is most effective at
treating the specific characteristics of surface water from
Big Canyon Creek. Locally procured sources of material
including various combinations of wood chips, mulch,
topsoil, manure, and other proprietary feedstocks will be
tested using water from Big Canyon Creek.
The proposed cost for Task 2 is: $299,910.
Task 3 — Geotechnical & Hydrogeologic
Characterization
Burns & McDonnell has teamed with
DBS&A to provide the geotechnical
professional services for the project. John
Dodge of DBS&A will lead the
characterization for DBS&A. Mr. Dodge has
extensive knowledge of the Big Canyon
Creek Watershed, having recently completed
an extensive assessment of the Water
Balance in the Big Canyon Creek Watershed
for the City of Newport Beach (see Project
Descriptions). Mr. Dodge will use his
specific knowledge of groundwater in the
Big Canyon Creek Watershed to prepare a
plan of recommended geotechnical tests to
be performed for the Project, including
identifying the depth to groundwater and
infiltration rate at the site.
The following is a summary of the
Geotechnical and Hydrogeologic
Characterization work to be done under this
task:
N
0 so 100'...,
Eapl+natbn
Two -her Bioroto— and 8- 1a Cee EO—W w—d.*. W.mnrour proposed W EONgslpie-1-
VepelWdS01nel91dMC.0 —Mivmb Tren Gam
In order to compliment the City's commitment, Burns &
McDonnell proposes to design and conduct a bench -top
bioreactor testingprogram to identify which combination of
locally sourced natural materials will perform best to remove
selenium and transportation -related pollutants
ba.r M.I Rwt9.Mpo.'dYM Oro7. Eun. Ao ID,l
• DBS&A's field and laboratory work Placement of piezometers around the perimeter of the treatment wetlands
will characterize the infiltration will allow the groundwater elevation and flow direction to be measured
capacity of the native soils in the consistently over time
wetlands discharge area using
Burns McDonnell
Big Canyon Restoration Wetland Project I Scope of Work
American Society of Testing Materials (ASTM) methodology.
• Three soil borings will be advanced by a limited access drilling rig into shallow groundwater estimated to be
approximately 10 feet below grade.
• Soil samples will be collected for field logging per ASTM D2488 (field classification per Unified Soil Classification
System [USCS]), and laboratory samples will be collected for grain size, vertical hydraulic conductivity, and Atterberg
limits/USCS classification per ASTM methodology.
• Prior to drilling, DBS&A will utilize Spectrum Geophysics, an experienced specialty subcontractor, to locate and map
potential existing utility lines and related infrastructure in the area such as telephone, electric, water, cable, fiber optic,
or natural gas and other lines. Spectrum Geophysics will utilize a variety of geophysical instruments in this task.
• The soil borings will be completed as two-inch polyvinyl chloride (PVC) piezometers with 10 feet of 0.010 -inch slot
well screen. The piezometers will be completed as locking above -grade well boxes. The three piezometers will be
installed around the perimeter of the treatment wetlands so that groundwater elevation and flow direction can be
consistently measured over time. The water level data will be tabulated and compiled to produce a groundwater now
map for the wetlands area. Aquifer slug testing and data analysis can also be completed in one piezometer if needed to
supplement the field and laboratory soil testing to estimate hydraulic conductivity of the native soils in the vicinity of
the treatment wetlands.
• A brief summary report of the subsurface investigation will be prepared summarizing the results and
recommendations.
The proposed cost for Task 3 is: $52,925.
Task 4 — California Environmental Quality Act (CEQA) Compliance and Documentation
Team partner, ESA will prepare environmental documents as required for the Project. Pursuant to CEQA, an Initial Study
and (anticipated) Mitigated Negative Declaration (IS/MND) will be prepared for the City as lead agency to evaluate the
potential environmental effects associated with implementation and operation of the proposed Project. The IS/MND will be
prepared in accordance with CEQA, Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code
of Regulations (CCR) § 15000 et seq. (§ 15063 - § 15075). A MND will be prepared if the proposed Project will not have a
significant effect on the environment following the inclusion of any required mitigation measures in the Project. The entire
IS/MND preparation and processing schedule will take six months from notice to proceed to final MND and MMRP
adoption, as shown in the Project Schedule.
Technical Studies
Technical studies for biological and cultural resources will be conducted to provide information for the preparation of CEQA
documentation, as described below.
Biolozical Resources
The Project area will be surveyed to evaluate the potential for the Project to impact biological resources, including sensitive
vegetation communities, sensitive species, and jurisdictional wetlands and waters.
Jurisdictional Delineation/Determination. A formal jurisdictional delineation and determination of wetlands and
waters of the US and State (JD) will be conducted. The site-specific JD will define the current limits of jurisdiction
and will be used to determine potential impacts to jurisdictional waters and wetlands (state and federal).
Sensitive Species Surveys. Based upon information collected during the Project planning process, a variety of
sensitive plants and animals are known to occur within the Big Canyon Watershed.
Rare Plant Survey. A rare plant survey will be conducted to determine the presence of any sensitive plants that
may occur within or directly adjacent to the project footprint. The plant survey will be conducted during the
seasonally appropriate timeframe. Survey results will be included in the Biological Resources Technical Report.
Cultural Resources
Burns & McDonnell
Big Canyon Restoration Wetland Project I Scope of Work
The project area will be assessed to evaluate the potential impact of the proposed project on cultural and paleontological
resources. The results of these studies will be incorporated into the Cultural Resources section of the ISJMND. The studies
will consist of the following:
Archival Research. A records search update will be conducted at the South Central Coastal Information Center (SCCIC) at
California State University, Fullerton to identify any cultural investigations and cultural resources that may have been
documented since the time the previous records search was conducted. Likewise, an updated Sacred Lands File search will be
requested from the California Native American Heritage Commission (NAHC) to determine whether any sensitive resources
sites have been placed in the file since the time of the previous search. Native American/Interested party consultation will
occur as part of the Section 106 requirements.
Administrative Draft Initial Study
The Administrative Draft Initial Study (IS) will be prepared using the City's approved CEQA documentation format. The IS
will include a detailed description of the proposed project, figures, including: a location map showing the project site
boundary, existing zoning and rezoning areas, General Plan land use designations, APN map, and any other pertinent project
information and the probable environmental effects identified in the IS.
The Initial Study checklist will be prepared pursuant to Appendix G of the CEQA Guidelines and address all checklist
environmental factors. Stand-alone biological, cultural, geotechnical, hydrology, jurisdictional assessments will be prepared
for the project and will be incorporated into the Initial Study checklist and related analysis. Based on our existing
understanding of site conditions, it is anticipated that the proposed project would result in less -than -significant impacts (with
mitigation) for the following issues: aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards
and hazardous materials, hydrology and water quality, land use and planning, noise, recreation and transportation/traffic. No
impacts are anticipated for agricultural resources, mineral resources, population and housing, public services and utilities and
service systems.
Prepare/Distribute IS/MND
Subsequent to review by City staff of the Administrative Draft IS/MND, the final Draft IS/MND will be prepared, which will
incorporate final comments from City staff. Once the final edits are completed, the IS/MND will be prepared for production
and public circulation/review. A Notice of Intent (NOI) to adopt a MND will be prepared and circulated with the MND to a
pre -determined mailing list of public agencies and interested individuals. ISAMs that require a minimum of a 20 day
public review period, and a minimum of a 30 day public review period if the IS/MND is submitted to the State
Clearinghouse.
Prepare Final MND
At the conclusion of the MND public review period, ESA will work with the City Authority to obtain and catalogue all
comments received on the MND. All comments received on the MND will be responded to and provided to the commenters.
An Administrative Final MND with revisions/errata to the Draft ND/MND and the compiled responses to comments will be
prepared.
It is difficult to predict public reaction to the MND at this time. For the purpose of this scope of work and based on our recent
experience, it is estimated that public reaction to the document will be average and that a maximum of ten (10) comment
letters will be received on the MND.
Prepare Mitigation Monitoring and Reporting Program (MMRP) and Findings
A detailed Mitigation Monitoring and Reporting Program will be prepared in accordance with Section 15063 of the CEQA
Guidelines in response to any significant environmental impacts that may be identified which result from the proposed
project. ESA will draft the Findings of Fact for the proposed project in consultation with the City staff pursuant to Sections
15091 and 15093 of the CEQA Guidelines.
The proposed cost for Task 4 is: $135,330.
Burns & McDonnell 40
Big Canyon Restoration Wetland Project I Scope of Work
Task 5 — Entitlement Processing
The Project Team will work closely with City staff to prepare permit applications for project implementation. The permitting
schedule will be dependent on agency review time for the permit documents and agency availability for meetings and
consultation. It is anticipated that the project would be required to comply with the following regulatory agencies, including
the City of Newport Beach, as follows:
1. US Army Corps of Engineers (USACE) (Section 404 of Clean Water Act) & Section 106 (Cultural);
2. Regional Water Quality Control Board;
3. California Department of Fish and Wildlife (CDFW);
4. US Fish and Wildlife Service (USFWS);
5. Coastal Commission Development Permit; and
6. City Permits.
Meetings and Agency Coordination
In support of CEQA document preparation, ESA will attend one public hearing with the Planning Commission and City
Council as required for the proposed Project. Once the MND has been adopted by the Planning Commission/City Council, a
Notice of Determination (NOD) will be filed with the County Clerk. ESA will also be available to assist the City in preparing
Staff Reports and any other meeting materials. ESA will also assist with agency coordination during the permitting process
by setting up an initial meeting with the resource agencies to present the overall project and determine the necessary permit
applications and documentation. ESA will coordinate, organize, and prepare any meeting materials needed, and provide
meeting summaries for this and subsequent meetings as part of the CEQA and permitting process. The Team will assist City
staff in preparing and making presentations through the course of the permit processing effort. ESA will also provide
responses to comments from the agencies as necessary. This scope of work assumes that the City of Newport Beach is
responsible for payment of all filing fees, including the California Department of Fish and Wildlife CEQA filing fee, and
permit application fees.
Prepare Permit Applications
ACOE (Section 404 of the Clean Water Act)
A jurisdictional delineation will be conducted within the project area to identify the limits of jurisdictional resources.
Through agency coordination, ESA will determine the appropriate federal permit for this Project. To ensure that the USACE
policy of no net loss of jurisdictional habitat is met, impacted federal jurisdictional resources will be mitigated through onsite
creation and restoration. A detailed Project description will be submitted to the USACE as part of the permit application
package, including a Habitat Mitigation and Monitoring Plan in a format acceptable to the USACE, and consistent with the
requirements of other agencies such as the RWQCB, the CDFW, the CC -C, and the USFWS. In addition to the 404 process,
the project must also comply with Section 106 of National Historic Preservation Act. The cultural resources assessment
conducted during the CEQA process will be subsequently supplemented in order to comply with Section 106 and the
USACE's process.
RWOCB (Section 401 of the Clean Water Act)
Projects that require a USACE permit, or fall under other federal jurisdiction, and have the potential to impact "Waters of the
State" will require submission of a Section 401 water quality certification from the Regional Board. An application package
will be prepared and submitted to the Regional Board for their review and approval.
USFWS Section 7 Consultation Issues
If federally listed plants or animals are found within the immediate vicinity of the proposed project, consultation with the
USFWS will be required. Federally listed species with the potential to occur in the project area include coastal California
gnatcatcher and least Bell's vireo, therefore, the USACE may be required to initiate consultation with USFWS pursuant to
Section 7 of the federal Endangered Species Act. If formal consultation is required, USFWS will issue a Biological Opinion
Burns & McDonnell
Big Canyon Restoration Wetland Project I Scope of Work
stating whether the permit action is. likely to jeopardize the continued existence of the listed species. This would be followed
by a consistency determination from the state pursuant to Section 2801 of the California Endangered Species Act.
California Department of Fish and Wildlife
The project proponent will enter into a CDFW Section 1602 Streambed Alteration Agreement for all work that will modify
existing stream channels within the project footprints. Impacts to the creek will require permits to be procured and
appropriate habitat restoration to offset loss to riparian habitat. A formal application for the notification for streambed
alteration will be submitted to CDFW as part of this project.
Coastal Commission - Coastal Development Permit
The California Coastal Commission (CCC) has jurisdiction over wetlands and other Environmentally Sensitive Habitat Areas
(ESHA) in the coastal zone under both state and federal legislation. The project falls within in the coastal zone and regulated
under the City of Newport Beach Local Coastal Program (LCP.) The federal Coastal Zone Management Act CZMA requires
federal permit applicants to obtain a certification that activities proposed within the coastal zone are consistent with state
coastal zone management programs. ESA will ensure that the permit application demonstrate that the proposed activity will
consistent the CZMA, California Coastal Act, and the LCP before a coastal development permit is issued.
City Permits
Construction plans and specifications will require review approval by the City's Public Works Department. The plans and
specifications will be prepared according to the public works standards of the City and Orange County Public Facilities &
Resources Department. Submittals will be made at the 35%, 75%, 90% and 100% design levels. Design backup data will be
submitted with the 90% plan. The final design drawings and design specifications will conform to Standard Specifications for
Public Works Construction, and requirements of the City's Design Criteria, Special Provisions and Standard Drawings for
Public Works Construction.
The proposed cost for Task 5 is: $38,570.
Task 6 — Construction Services
Burns & McDonnell recognizes the importance of customizing and implementing a strong project management approach and
project control system led by experienced project managers. This approach leads to a strong sense of teamwork among those
involved in the project, and facilitates the ability to recognize and characterize problems, establish baselines, and
measurement procedures to correct issues. For this Project, Burns & McDonnell has assembled a Project Management Team
consisting of Steve Gruber for Program oversight, Phil Stephenson for Construction Management, Dennis Haag as Technical
Advisor, and Chris Snider as Lead Design Engineer.
Burns & McDonnell will provide construction services during the City's procurement and construction phase of the Project.
The following is proposed scope of services:
• Provide assistance during bidding including preparing
addenda as required.
• Assist in bid evaluation
• Attend one pre-bid meeting
• Attend and lead one preconstruction meeting
• Answer requests for information (RFIs)
• Review shop drawings
• Review and process submittals
• Conduct regular site visits during construction
• Attend regular site progress review meetings
We have assumed the construction phase will be 3.5 month in duration. To complete the scope of services listed above, the
Burns & McDonnell Project Management Team will use the tools listed below that have proven to be effective in managing
similar projects to the BCTW.
Proiect Coordination
A major key to success on any large project is a clear communication plan that is both dynamic in nature and adhered to by
all stakeholders, employees, and participants in the Project. Burns & McDonnell understands the importance of
Burns McDonnell 40
Big Canyon Restoration Wetland Project I Scope of Work
communication and coordination and will strive to go above and beyond the standard communication plan set forth for the
BCTW Project. Beyond the standard weekly and monthly emails and calls, Burns & McDonnell will establish a hierarchical
and peer based communication plan. This plan will encourage each manager and lead from each department to be in constant
communication with their Company counterpart, contractor etc. through an informal process on a potentially daily basis.
Proiect Meetings
Regular project meetings will be developed as part of the Construction Services Task. It is anticipated that the members of
the Construction Management Team will meet with City staff on a regular basis to assure that the Project stays on track. Each
meeting will include agendas and the proceedings will be documented. These meeting minutes will include attendees, items
discussed, decisions, and action items. Minutes will be distributed to all attendees for review and agreement. The first order
of business in each meeting will be to review the action items from the previous meeting to confirm that scheduled items
have been completed.
Schedule
Burns & McDonnell will develop a clear schedule for the Project and monitor that schedule daily. Schedule metrics will be
included in weekly and monthly reports. Burns and McDonnell is committed to delivering the project on time. Should the
schedule become an issue, Burns & McDonnell will dedicate additional resources to stay on target.
Proaress Reports
Prior to each formal progress meeting, Burns & McDonnell will produce a progress report that summarizes the status of each
task, including budget, schedule analysis, work completed, work anticipated, future milestones, and potential deviations from
those milestones of each task. The report will also itemize outstanding issues or questions that need to be resolved as the
project progresses. We have assumed one site visit per week during construction. We have assumed the contractor will
prepare the project SWPPP and complete the SWPPP inspections.
Following construction, Burns & McDonnell proposes to conduct water quality monitoring of the system influent and
effluent to assess the BCTW's effectiveness in meeting the pollutant reduction goals of the Project. We propose to monitor
the performance of the Project for a period of approximately one year. Monitoring includes a Work Plan, six site visits,
analytical chemistry, and a draft and final data report to be submitted to the City.
The proposed cost for Task 6 is: $52,340.
Budget
The table below summarizes the proposed budget for the Project.
Task
#
Task Description
Budget
1
Field Survey
$20,675
2
Construction Documents
$299,910
3
Geotechnical & Hydrogeologic Characterization
$52,925
4
CEQA Compliance & Documentation
$135,330
5
Entitlement Processing
$38,570
6
Construction Services
$52,340
TOTAL:
$599,750
Burns & McDonnell
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
Schedule of Hourly Professional Service Billing Rates
Position
Classification
Hourly
Classification
Level
Billing Rate
General Office*
5
$73.00
Technician*
6
$86.00
Assistant*
7
$98.00
8
$132.00
9
$151.00
Staff"
10
$165.00
11
$182.00
Senior
12
$196.00
13
$216.00
Associate
14
$228.00
15
$237.00
16
$240.00
17
$245.00
Notes
1. Position classifications listed above refer to the firm's internal classification system for employee compensation. For
example, "Associate", "Senior", etc., refer to such positions as "Associate Engineer", "Senior Architect", etc.
2. For any nonexempt personnel in positions marked with an asterisk V), overtime will be billed at 1.5 times the hourly
labor billing rates shown.
3. Project time spent by corporate officers will be billed at the Principal rate (Level 17) plus 25 percent
4, Monthly Invoices will be submitted for payment covering services and expenses during the preceding month.
5. The services of contractlagency personnel shall be billed to Owner according to the rate sheet as if such
contracttagency personnel is a direct employee of Burns & McDonnell.
CITYOFNEWPORTSEACH1115ADOC
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. if
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with Limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Burns & McDonnell Engineering Company, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Burns & McDonnell Engineering Company, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Burns & McDonnell Engineering Company, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
Burns & McDonnell Engineering Company, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/12/15 Dept./Contact Received From: Raymund
Date Completed: 2/17/15 Sent to: Raymund By: Chris/Alicia/Renee
Company/Person required to have certificate: Bums & McDonnell Engineering Company Inc.
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/1/14 to 12/1/15
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
EFFECTIVE/EXPIRATION DATE: 12/1/14 to 12/1/15
B.
AM BEST RATING (A-: VII or greater): A; XV
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
C.
ADMITTED Company (Must be California Admitted):
AM BEST RATING (A-: VII or greater) A; XV
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
include): Is it included? (completed Operations status does
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
® N/A ❑ Yes ❑ No
G.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
❑ N/A X Yes ❑ No
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
!,
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑, Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 12/1/14 to 12/1/15
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater) A; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. B! & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A X Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 12/1/14 to 12/1/15
A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Company.
B. AM BEST RATING (A-: VII or greater): A; XV
C. ADMITTED Company (Must be California Admitted):
M Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
M Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
M Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
M N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A M Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
❑ N/A ®Yes ❑ No
V POLLUTION LIABILITY
M N/A ❑ Yes ❑ No
V BUILDERS RISK
M N/A ❑Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? M Yes ❑ No
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
aAllr. J 2/17/15
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.