HomeMy WebLinkAbout07 - Amendment to PSA for San Diego Creek Trash Wheel Project (Project No. 17X12) (Contract No. 7127-3)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
February 28, 2023
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Bob Stein, Assistant City Engineer,
rstein@newportbeachca.gov
PHONE: 949-644-3322
TITLE: Approval of Amendment No. Two to the Professional Services
Agreement with Burns & McDonnell Engineering Company, Inc. for
San Diego Creek Trash Wheel Project (Project No. 17X12) (Contract
No. 7127-3)
ABSTRACT:
The Trash Wheel project will capture trash and debris from inland Orange County
conveyed by San Diego Creek into Newport Bay. To facilitate the constructability of the
Trash Wheel, Amendment No. Two to the Professional Services Agreement with Burns
& McDonnell Engineering Company, Inc. (B&M), if approved, will provide funding for more
design details to guide the construction contractor when it prepares submittals for
pre-engineered and design/build tasks and extend the contract termination date to
December 31, 2024.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Budget Amendment No. 23-51 appropriating $81,019 in increased
expenditures in Account No. 10001-980000-17X12 (Newport Bay Water Wheel) from
the unappropriated Tidelands Maintenance fund balance; and
c) Approve Amendment No. Two to the Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. for additional design services, increase the
total not -to -exceed amount by $81,019 for a total not -to -exceed amount of $631,709,
extend the term to December 31, 2024, and authorize the Mayor and City Clerk to
execute the Agreement.
7-1
Approval of Amendment No. Two to the Professional Services Agreement
for San Diego Creek Trash Wheel Project
February 28, 2023
Page 2
DISCUSSION:
San Diego Creek is the largest creek entering Newport Bay and contributes approximately
80 percent of the freshwater flow entering the bay. Every year, large volumes of trash and
debris, sometimes exceeding 300 cubic yards during heavy storm seasons, is conveyed
into the bay via San Diego Creek. A large portion of this trash/debris is deposited on the
vegetated inter -tidal areas around the Upper Bay, the beaches at the Newport Dunes,
and around the lower harbor. Some of the trash and debris exits the Harbor Jetty into the
open ocean, with a portion deposited on beaches along the Balboa Peninsula and Big
Corona.
The proposed San Diego Creek Trash Wheel is a moored vessel that uses booms to
move trash to the trash wheel where rotating trash rakes convey the trash onto a conveyor
belt that moves the trash up and into a dumpster that sits within a sled mounted to a short
rail system. The trash rakes and the conveyor belt are powered by the creek's current
and solar power. Once the dumpster is full, the dumpster sled is winched landward, and
the trash is collected by a standard front -loading trash truck.
On March 24, 2020, the City of Newport Beach (City) and the consultant entered into a
Professional Services Agreement to provide engineering and design services for the
City's proposed trash wheel project for a fee of $464,935. On January 11, 2022, the City
approved Amendment No. One to B&M's Professional Services Agreement for a fee of
$85,765 to perform new design tasks required by the County of Orange as part of its
permit review process, pay agency permit fees, perform an updated biological survey,
and prepare an Operation and Maintenance Plan. B&M has now prepared construction
documents that are substantially complete. Permits and other approvals will be received
shortly from the California Coastal Commission, Army Corps of Engineers, California
Department of Fish & Wildlife, Regional Water Quality Control Board, The Irvine
Company, and Orange County Public Works. Amendment No. Two provides funding of
$81,019 for more detailed design for the rail system, piles, catwalk and access ramp, and
a remote security and control system to supplement the project's performance
specifications. This will reduce the amount of time and effort by the contractor awarded
the construction contract in preparing required submittals for pre-engineered and
design/build tasks.
FISCAL IMPACT:
As approved, the proposed budget amendment would appropriate an additional $81,019
in increased expenditures to the Newport Bay Water Wheel CIP Account
No. 10001-980000-17X12 in the Tidelands Maintenance Fund.
The total estimated cost of this project is approximately $3,370,000. City staff has been
successful in securing two grants; one from the Ocean Protection Council for $1,700,000,
and another from the Orange County Transportation Authority for $500,000 (with a
deadline to award the project by June 30, 2023). Funding for the remaining $1,170,000
of project cost has not been identified as of now, however staff is continuing to seek
additional grant funding opportunities.
7-2
Approval of Amendment No. Two to the Professional Services Agreement
for San Diego Creek Trash Wheel Project
February 28, 2023
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Budget Amendment
Attachment B — Location Map
Attachment C — Professional Services Agreement
7-3
ATTACHMENT A
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X�,��irz BUDGETANVIENMMENT
c.,14/po P 2022-23
BA#: 23-51
Department: Public Works
ONE TIME: O Yes ❑ No
IRequestor: David Webb
Approvals
El CITY MANAGER'S APPROVAL ONLY
Finance Director: Date a1112Iz3
o COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To appropriate funds from the unappropriated Tidelands Maintenance Fund for Project 17X12, the Newport Bay Water Wheel. ❑ from existing budget appropriations
❑ from additional estimated revenues
O from unappropriated fund balance
Fund # Org Object Protect Description
iui jynuC
Fund # Org Object Project Description
100 10001 980000 17X12 TIDE&SUBMERGED LAND CIP - CIP EXPENDITURES FOR GL
runa ff Uojeci uescnpuon
100 300000 TIDE & SUBMERGED LANDS FUND - FUND BALANCE CONTROL
Subtotal I $
Increase or(Decreas
Increase or (Decrease) $
81,019.00
Subtotal, $ 81,019.00
increase or (uecrease) >
(81,019.00)
Subtotal $ (81,019.00)
Fund Balance Change Required
7-4
ATTACHMENT B
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Newport Bay Trash Wheel Project
Location Map
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
17X12 02/11 /2020
7-5
ATTACHMENT C
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 28th day of February, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation ("Consultant"), whose address
on file with the Secretary of State is 9400 Ward Parkway, Kansas City, Missouri 64114,
with a local address of 140 S. State College Boulevard, Suite 100, Brea, California 92821,
and is made with reference to the following:
RECITALS
A. On March 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") for professional engineering, design and construction
management for the City's proposed trash wheel project ("Project").
B. On January 11, 2022, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not 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, to extend the term of the
Agreement to December 31, 2024, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2024, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A
to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect
to delete certain Services within the Scope of Services at its sole discretion.
7-6
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to this Amendment
No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred Thirty One
Thousand Seven Hundred Nine Dollars and 001100 ($631,709.00), 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
Eighty One Thousand Nineteen Dollars and 001100 ($81,019.00).
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
7-7
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: A /P,3
By. (
a on C. Harp J1�ta3 �4
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
Bv:
Stephan L. Nalefski
Senior Vice President
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
7-8
EXHIBIT A
SCOPE OF SERVICES
The construction documents were completed in July 2022. Since then, the City has obtained additional
geotechnical data from its consultant. This new data may impact the design of several project elements.
These tasks include:
1. Light Pole and Winch Foundation Design: Review and incorporate the new geotechnical
information provided by Group Delta into the design of the light pole foundation and winch pedestal.
The structural design of the light pole foundation and winch pedestal will be conducted by Anchor
QEA. Anchor QEA will prepare the engineering design for the light pole footings and winch
foundation. This includes performing structural engineering calculations for the light pole footings
and winch foundation, sketching details based on the calculations, and preparing computer -aided
design (CAD) drawings based on the sketches based on geotechnical recommendations. This task
includes work elements such as steel reinforcing and concrete typically covered by the Greenbook
standard specifications. However, Anchor QEA will review the Greenbook standard specifications
to determine whether any special conditions are required and note the material requirements in the
structural general notes of the plans. Consultant will conduct design coordination meetings and
incorporate new design details provided by Anchor QEA into the existing design plan package and
Special Provisions.
2. Finalize Pile Design Calculations: Based on new geotechnical information provided by Group
Delta under contract to the City, the pile structural calculations will be finalized. Anchor QEA will
finalize the design calculations and details for the piles of the pier, trash wheel pontoon, and trash
boom shoreline anchors. This task also incorporates additional coordination effort by Consultant
and Anchor QEA to marry the structural and site civil packages together.
The City has also received new comments from County of Orange and Irvine Company that require
additional analysis and potentially design changes. These tasks include:
3. 3D Renderings and Irrigation Plans in Response to Irvine Company Comments: As part of
the process for gaining project approval from The Irvine Company, prepare 3D renderings of the
project that were provided to the Irvine Company in respond to concerns about the visual impact
from the apartment on the south side of the San Diego Creek.
To address The Irvine Company's concerns about visual impacts of the proposed project,
supplemental effort also included preparing temporary irrigation plans that were also expanded to
include the south bank. Consultant prepared temporary irrigation plans and specifications that were
submitted on July 1, 2022. The south bank plantings were added based on comments from the
Irvine Company and to address comments from the California Coastal Commission.
Also, because of the unique aspect of many of the design tasks, the construction contractor may have
alternative viable methods for implementing construction that could be cost effective. These design tasks
include the pier catwalk, rail cart and braking system, gangway ramp, trash interceptor system, and landside
solar power system. As such, the construction document includes performance specification requirements
where the construction contractor must prepare and submit to the City detailed designs that meet applicable
national, state and local codes, standards, and performance specifications and design manual
requirements. In order to help guide the contractor's design submittals and facilitate early approval, it is
recommended that additional design details be added to the construction drawings. These tasks include:
4. Catwalk Design, Catwalk Abutment, Pile Height Adjustments and Design Coordination: The
performance specification for the catwalk have been prepared. The contractor that is awarded the
construction contract will prepare a detailed design with calculation for the catwalk per the
requirements of the performance specification. Under this Task B, more design details will be
prepared to guide the construction contractor in its design submittal. This task includes coordination
Burns & McDonnell Engineering Company, Inc. Page A-1 7_9
between Consultant and Anchor QEA will prepare the engineering design for the catwalk spanning
from the parking lot to the pier end to provide maintenance workers with access to the trash
containers. This effort includes performing structural engineering calculations for the stringers
supporting the catwalk between the already designed cantilever beam supports, as well as
additional structural steel as may be determined by Anchor QEA. The grating, posts, railings, and
chains will also be specified. Because the site is not accessible by the public, the catwalk railings
will be designed using California Division of Occupational Safety and Health requirements rather
than California Building Code standards. Based on a 20-year project lifespan, Anchor QEA will
recommend a cost-effective grating material (i.e., galvanized steel, painted steel, mill finish
aluminum, or fiberglass -reinforced plastic), which will determine stringer spacing.
The interface of the catwalk with the parking lot will also be shown in the CAD details and/or drawing
to be prepared as part of this task. Consultant will conduct design coordination meetings and
incorporate new design details provided by Anchor QEA into the existing design plan package and
Special Provisions. This includes revisions to the performance requirements on Sheet 9 of the
design plans. The catwalk is proposed to be fully designed in this package. However, the gangway
remains a typical performance specification item designed by a gangway fabricator. The pier side
support for the gangway has been designed as shown in the current plan set. We understand that
the floating pontoon support for this gangway will be designed by the construction contractor
pending the floating trash interceptor selected for implementation according to the performance
requirements.
5. Final Review and City Coordination of the Design and Performance Specifications for the
Site Security & Monitoring and Telemetry Systems: The final design for the site security,
monitoring and telemetry system was provided in the final design package as both details in the
design plans and performance requirements and special provisions. At the time of the final design,
due to the use of available budget for the items listed above, final review and coordination with the
City's operations was not conducted. This task would be to conduct a coordination meeting with
the City to review the final design and provide any final clarifications to the design documents. This
work will be conducted by Consultant.
Burns & McDonnell Engineering Company, Inc. Page A-2 7-10
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Project Location
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Newport Bay Trash Wheel Project
Location Map
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CITY OF NEV%/PORT BEACH
PUBLIC WORKS DEPARTMENT
'17X-12 1 02;11 /2020
Burns & McDonnell Engineering Company, Inc. Page A-3 7-11
EXHIBIT B
SCHEDULE OF BILLING RATES
TotalTask
Light Pole and Winch
$22,923.00
Foundation Design
Finalize Pile Design
$9,048.00
Calculations
3D Renderings and
Irrigation Plans in
$7,740.00
Response to Irvine
Company Comments
Catwalk Design, Catwalk
Abutment, Pile Height
$32,230.00
Adjustments and Design
Coordination
Final Review and City
Coordination of the Design
and Performance
$9,078.00
Specifications for the Site
Security & Monitoring and
Telemet Systems
TOTALi
00
Burns & McDonnell Engineering Company, Inc. Page B-1 7-12