HomeMy WebLinkAbout11 - Approval of Amendment 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
July 23, 2024
Agenda Item No. 11
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 - 949-644-3322,
rstein@newportbeachca.gov
TITLE: Approval of Amendment No. Five to 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 conveyed by San Diego Creek from
the upper watershed before it enters Newport Bay. Amendment No. Five to the
Professional Services Agreement with Burns & McDonnell Engineering Company, Inc.
(Burns & McDonnell) provides funding for additional construction services through to the
end of construction, including the period for commissioning the Trash Wheel.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve Budget Amendment No. 25-006 appropriating $49,681 in increased
expenditures in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from
the from the unappropriated Environmental Liability fund balance; and
c) Approve Amendment No. Five to the Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. for additional construction services with an
increase in fee of $49,681 for a total not -to -exceed amount of $1,013,302, and
authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
Burns & McDonnell is the design consultant engineer for the Trash Wheel. (See
Attachment C for Location Map.) The Trash Wheel project consists of landside
improvements, piles and railway, and the floating Trash Wheel. The Trash Wheel major
structural components include the pontoons, canopy and frame, rake and conveyor
system, and the water wheel. Burns & McDonnell, along with its subconsultant team,
provides civil, coastal, electrical, structural and engineering services. Rather than have
separate contracts for geotechnical engineering and permit -required biological
monitoring, the City of Newport Beach (City) requested Burns and McDonnell to include
these professionals within its project team.
Approval of Amendment No. Five to Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. for San Diego Creek Trash Wheel Project
July 23, 2024
Page 2
In addition to preparing the final construction documents, Burns & McDonnell provides
construction support services to City staff including preparing supplemental designs,
reviewing contractor design and product submittals (46 submittals to date), and
responding to contractor Requests for Information (39 RFI's to date). This heavy submittal
review workload is not entirely unexpected given the performance -based specifications
for the project, coupled with a sophisticated system for remotely controlling and
monitoring the facility.
While most requests for information and submittals for the Trash Wheel project have been
resolved, potential issues concerning the floating Trash Wheel itself remain. The required
contractor design submittals for the Trash Wheel, including the pontoons, canopy, rake
and conveyor system, and water wheel, are currently under for the City's review, with
further contractor questions expected when the floating Trash Wheel components arrive
on -site in August for assembly. The assembled Trash Wheel is expected to be
crane -lifted into position within San Diego Creek in September 2024.
Amendment No. 5 to the Burns & McDonnell contract (Attachment B) requests $49,681
for (1) extended revegetation monitoring for the newly installed one -gallon plants, with
extended biological monitoring throughout the remainder of the bird nesting season,
(2) review of potential near -shore structural design adjustments that may be needed to
set the Trash Wheel within the pile system, (3) review of design and product submittals
for the Trash Wheel and integration of the Trash Wheel with the rail system and SCADA
system, and (4) providing additional welding and related steel inspection and testing.
The contractual agreements with Burns & McDonnell to date are summarized as follows
• On March 24, 2020, the City Council approved a Professional Services Agreement
with Burns & McDonnell for the consultant to prepare a concept plan, topographic
surveys, detailed drainage analysis, pile design analysis, construction documents,
and easement documents; and prepare and process permit applications.
• On January 11, 2022, the City Council approved Amendment No. One to the
agreement with Burns & McDonnell for the consultant to perform new design tasks
required by the County of Orange as part of its permit review process, prepare
permit reports for USACOE and the State Water Resources Control Board, pay
agency permit fees on behalf of the City, prepare site security and operational
controls/alerts detail sheets, perform an updated biological survey, and prepare an
Operation and Maintenance Plan.
• On February 28, 2023, the City Council approved Amendment No. Two to the
agreement for Burns & McDonnell to prepare more detailed designs for the rail
system, piles, catwalk and access ramp, and prepare drawings for the remote
security and control systems to supplement the project's performance
specifications.
On July 11, 2023, the City Council approved Amendment No. Three to the agreement
for Burns & McDonnell to provide construction services including pre -bid support,
review of requests for information, provide field engineering support, prepare an
environmental assessment (CERCLA - Phase 1), prepare pre -bid biological surveys,
perform biological monitoring, provide geotechnical observation and testing services,
and prepare National Environmental Policy Act (NEPA) documentation.
11-2
Approval of Amendment No. Five to Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. for San Diego Creek Trash Wheel Project
July 23, 2024
Page 3
On November 20, 2023, the City Manager approved Amendment No. Four for Burns
& McDonnell to prepare an automatic irrigation system with planting plan, relocate
the bio-infiltration unit, add a stop mechanism at the end of the rail system, provide
additional review services of design and product submittals for the remote security
and control systems, and assist with coordination with the permitting agencies.
Burns & McDonnell's approved compensation to date is:
Professional Services Agreement
$464,925
Amendment No. 1
85,765
Amendment No. 2
81,019
Amendment No. 3
256,501
Amendment No. 4
75,411
TOTAL
$963,621
FISCAL IMPACT:
The proposed budget amendment would appropriate $49,681 in increased expenditures
to the Newport Bay Water Wheel CIP Account No. 16001-980000-17X12 from the
unappropriated Environmental Liability fund.
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 —Amendment No. Five to the Professional Services Agreement with Burns
& McDonnell Engineering Company, Inc.
Attachment C — Location Map
11-3
ATTACHMENT A
City of Newport Beach
r BUDGET AMENDMENT
F " P 2024-25 BA#: 25-006
Department: Public Works
ONETIME. ❑' Yes ❑ No
Requestor. Trevor Smouse
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date 7 '11`4
0 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REgUEST:
To appropriate funds from the Environmental Liability unappropriated fund balance due to increased expenditures as requested ❑ from existing budget appropriations
by contractor Burns & McDonnell Amendment No. 5 for the Newport Bay Water Wheel project. ❑ from additional estimated revenues
0 from unappropriated fund balance
REVENUES
Fund # Org Object Project Description increase or (Decrease) $
Subtotal $ -
EXPENDITURES
Fund # Org Object Project Description Increase or (Decrease) $
160 160D1 980000 17X12 ENVIRONMENTAL LIABILITY CIP - CIP EXPENDITURES FOR GE 49,681.00
Subtotal Ls 49,681.00
FUND BALANCE
Fund # Object Description Increase or (Decrease) $
160 300000 ENVMONMENTAL LIABILITY FUND- FUND BALANCE CONTROL (49,681.00)
Subtotal $ (49,681.00)
Fund Balance Change Required
11-4
ATTACHMENT B
AMENDMENT NO. FIVE 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. FIVE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Five") is made and entered into as of this 23rd day of July, 2024
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation ("Consultant"), whose address
is 140 S. State College Boulevard, Suite 100, Brea, CA 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 engineering and construction management services
for the Newport Bay Trash Wheel Project ("Project').
B. On January 11, 2022, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On February 28, 2023, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to reflect additional services not included
in the Agreement, as amended, to extend the term of the Agreement to December
31, 2024, and to increase the total compensation.
D. On July 11, 2023, City and Consultant entered into Amendment No. Three to the
Agreement ("Amendment No. Three") to reflect additional services not included in
the Agreement, as amended, to extend the term of the Agreement to December
31, 2025, to increase the total compensation, and to update the Independent
Contractor section.
E. On December 5, 2023, City and Consultant entered into Amendment No. Four to
the Agreement ("Amendment No. Four") to reflect additional Services not included
in the Agreement, as amended, and to increase the total compensation.
F. The parties desire to enter into this Amendment No. Five 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:
11-5
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 Two, Exhibit A to Amendment Three, Exhibit A to Amendment No. Four, and
Exhibit A to Amendment Five 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. Exhibit
B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment Two,
Exhibit B to Amendment Three, Exhibit B to Amendment No. Four, and Exhibit B to
Amendment No. Five 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 One Million Thirteen
Thousand Three Hundred Two Dollars and 00/100 ($1,013,302.00), 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. Five,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Forty Nine Thousand Six Hundred Eighty One Dollars and 00/100 ($49,681.00).
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
11-6
IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT OI�,N��Y' ; OFFICE
Date: //
Y:
A r n C. Harp
City ttorney
Y
ATTEST:
Date:
By:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
By:
Mark R. Knaack
Vice President
Date:
By:
Christine M. Dority
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
11-7
EXHIBIT A
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1 11-8
Exhibit A— Scope of Work
C-71273-3 Amendment Number 5
Task 1: RFI & Submittals, Design Changes and Supplemental Construction Biological
Monitoring
a. Irvine Company Request for Change in Vegetation Cover and Extension of Schedule for
Revegetation: The Irvine Company requested prior to mobilization adding container plants to the
north side of the project where only hydroseeding was planned. The addition of container plants
has added to the overall revegetation schedule. The extension of the schedule has added to the
biological inspection timeline and number of visits by Tidal Influence (subcontracted by BMcD).
b. Additional RFIs & Submittals for SCADA System: BMCD has completed the reviews and submitted
responses to 39 RFIs and 46 Submittals. An additional budget is requested to cover the review,
coordination and submittal of additional multiple submittals for the SCADA remote sensing and
control system and the integration of this system into the City's existing systems and
operations. The SCADA system was provided as a performance specification to provide flexibility
for this integration but requires submittal of system design details.
Integration of Floating Trash Wheel with Fixed Rail System: The floating trash wheel system is
expected to arrive on -site in late summer and will require integration with the fixed rail system.
BMcD shall provide Engineer of Record support services that includes responding to additional RFI's
and submittals as the Contractor integrated these systems and with the SCADA system.
Task 2: Welding Inspection & Testing
Group Delta will provide additional welding and related steel inspection and testing.
11-9
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
11-10
Exhibit A- Billing Rates
C-71273-3 Amendment Number 5
Task 1: RFI & Submittals, Design Changes and Supplemental Construction Biological
Monitoring
• Task Cost: $40,718 (includes Tidal Influence $5,400 & Anchor $6,600)
Task 2: Welding Inspection & Testing
• Task Cost: $8,963 (includes $7,487 Group Delta)
The total cost of the amendment is $49,681.
Attachment C
1'>
_ IA SALU D .
Newport Bay Trash Wheel Project CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENT
Location Map
17X12 02/11 /2020