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HomeMy WebLinkAboutS18 - Big Canyon Habitat Restoration & Water Quality Improvement Project: Approval of Amendment to PSAApril 26, 2016 Agenda Item No. S18. 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: Big Canyon Habitat Restoration & Water Quality Improvement Project: Approval of Amendment No. 2 to the Burns & McDonnell Professional Services Agreement ABSTRACT: As part of the Big Canyon Habitat Restoration and Water Quality Improvement Project, additional planning, environmental and design tasks are necessary for the City's design consultant, Burns & McDonnell, to complete the plans, specifications and estimates. RECOMMENDATION: Approve Amendment No. 2 to the Bums & McDonnell Professional Services Agreement to perform additional planning and design tasks for the Big Canyon Habitat Restoration & Water Quality Improvement project for a "not -to -exceed" fee of $123,856.00. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding to fund the new planning and tasks for Amendment No. 2 to the Burns & McDonnell Professional Services Agreement. It will be expensed to the Contributions account in the Public Works Department, 15X12 -Design -135 -unassigned. A portion of the design, environmental and construction cost will be reimbursed by Orange County Sanitation District. DISCUSSION: Water quality and restoration efforts and improvements have been a long-time goal of the City. Throughout the last few years, staff secured various funding sources to plan, design and construct the upstream portion of the Canyon. A Professional Services Agreement (see Attachment A) was executed with Burns & McDonnell on January 28, 2015, for a fee of $599,750.00 to prepare the environmental reports, studies, and S18-1 Big Canyon Habitat Restoration & Water Quality Improvement Project: Approval of Amendment No. 2 to the Burns & McDonnell Professional Services Agreement April 26, 2016 Page 2 documents. Also included was the design and construction documents for water quality improvements in Big Canyon, downstream of Jamboree Road (see Attachment B). Based on a request by Orange County Sanitation District (OCSD) to include the maintenance access road, originally designed in 2009, into the proposed project, as well as new findings of a selenium source based on new water quality testing, Amendment No. 1 to the Burns & McDonnell Professional Services Agreement (see Attachment C) was approved by City Council on November 24, 2015 for a fee of $135,720.00 using Measure M funds. Under Amendment No. 1, Burns & McDonnell was tasked with a) modifying the water quality treatment facilities design based on new water quality monitoring results, b) modifying the design of the OCSD access road previously prepared in 2009, and c) appropriately updating the environmental, permit, and design documents to mitigate for the permanent impacts of the above improvements. After due consideration, on April 13, 2016 OCSD decided it was not cost effective to move forward with the full scope of the access maintenance road. This Amendment No. 2 to the Burns & McDonnell Professional Services Agreement (see Attachment D) is now proposed, at a "not -to -exceed" fee of $123,856.00, to modify the design to remove the OCSD facilities and to provide other planning, design and monitoring services as follows. 1. Prepare planning options for an OCSD odor control dosing station, modifications to the bio -treatment wetland, access road improvements to Jamboree Road, and bike and walking trail improvements, and incorporating these options into the environmental and permitting documents. Fee: $22,100.00. 2. Revise the drawings to eliminate the 75 -foot -long, 12 -foot -high box culvert extension and relocate the streambed stilling basin adjacent to the end of the existing Jamboree Road CMP culvert. Design modifications include re -grading the north bank of stream and adding concrete slope protection, modifying the diversion structure layout and modifying the flood plain grading. Fee: $17,000.00. 3. Prepare final drawings and details for a bike and walking loop trail 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. This task includes preparation of CEQA documentation and associated impact analysis, mitigation evaluation, and permit applications. 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. Fee: $12,900.00. S18-2 Big Canyon Habitat Restoration & Water Quality Improvement Project: Approval of Amendment No. 2 to the Burns & McDonnell Professional Services Agreement April 26, 2016 Page 3 4. Revise the Habitat Mitigation and Monitoring Plan (HMMP) as directed by the City to remove 0.46 acre of previously planned Riparian Woodland restoration area. The HMMP will be finalized based on City review comments. Fee: $9,880.00. 5. Prepare landscaping drawings and temporary irrigation drawings (total of 10 drawing sheets) for the project's mitigation and restoration areas in conformance with the HMMP. In addition, design a permanent water main line from Jamboree Road into the canyon, sized to provide water for the temporary irrigation system. Fee: $49,139.00. 6. Prepare a project water quality monitoring plan and a project report documenting the pre -and post -project water quality performance as required by Orange County Transit Authority (OCTA). It is assumed the water quality sampling analysis will be performed by others. 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. Fee: $12,837.00. If the City is successful in expeditiously securing the Coastal Commission and other regulatory permits, construction could begin this fall, with substantial completion by Spring 2017, followed by a 120 -day plant establishment and maintenance period. ENVIRONMENTAL REVIEW: An MND has been prepared by ESA, Inc. in accordance with CEQA, State CEQA Guidelines, and City Council Policy K-3. The MND was made available for public review for a 30 -day comment period from March 4, 2016 to April 4, 2016. A copy of the MND is available on the City's website, at each Newport Beach Public Library, and at the Public Works Department at City Hall. The MND will be presented for Council consideration at the May 10, 2016 City Council meeting. The MND does not identify any project component that would result in a "potentially significant impact" on the environment per CEQA guidelines. Based upon the analysis of the Initial Study, the environmental categories within which the project would have either no impact or less than significant impact were: Aesthetics, Agricultural/Forestry Resources, Air Quality, Greenhouse Gas Emissions, Geology/Soils, Hazards/Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise Population/Housing, Public Services, Recreation, Transportation/Traffic, and Utilities/Service Systems. Based upon the analysis of the Initial Study, the environmental categories within which the project would have potentially significant impacts were Biological Resources and Cultural Resources. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. S18-3 Big Canyon Habitat Restoration & Water Quality Improvement Project: Approval of Amendment No. 2 to the Burns & McDonnell Professional Services Agreement April 26, 2016 Page 4 The changes proposed in Amendment No. 2 would not impact proposed mitigation measures or project determination. NOTIMNC;- 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 — January 28, 2015 Professional Services Agreement with Burns & McDonnell Attachment B — Location Map Attachment C — November 24, 2015 Amendment No. 1 to the PSA with Burns & McDonnell Attachment D — Amendment No. 2 to the PSA with Burns & McDonnell S18-4 ATTACHMENT A u N PROFESSIONAL SERVICES AGREEMENT .� WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR 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 S18-4 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 S18-5 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 S18-6 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 shalt 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 shalt 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 S18-7 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 provided under this Agreement shall n subcontracted out without the prior written be construed as an assignment: The sale any of the issued and outstanding capital general partner or joint venturer or syndi partnership or joint -venture or syndicate the control of Consultant. Control mean under this Agreement, the Services to be of be assigned, transferred contracted or approval of City. Any of the following shall , assignment, transfer or other disposition of stock of Consultant, or of the interest of any tate member or cotenant if Consultant is a or co -tenancy, which shall result in changing s 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 or joint -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 Iogins 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 CADD data; Burns & McDonnell Engineering Company, Inc. Page 6 S18-9 (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 andlor 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. 24. 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 S18-10 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 S18-11 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 92668 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 snaking 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 S18-12 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 S18-13 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 Controllinq 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 S18-14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: By: c --- -kdro6 C. Harp (Am omolir City Attorney ATTEST: Date:' By. aw v-, / - Leilani I. Brown City Clerk CITY OF NE! a Califor r Date: By: Eduvard D. Mayor EACH, grporation V J1� CONSULTANT: Bums & Engineering Company, Inc., a Corporation Date: ,J)1 McDonnell Missouri Vice President Date: 41 of 11.5 YA YJ wil I M 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 S18-15 r ►. Burns & McDonnell Engineering Company, Inc. Page A-1 S18-16 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 low NUM k 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. 'ask 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 BCTTV Concept Design was spec fcally tailored to the specific conditions at the .jamboree Road site 1 S18-17 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 curnF+n'woa m,�� a rMac.n¢::rw�er s:�cmaour.�. • Prepare 100% complete plan set for bidding 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 Lit) .6,s l 1 N.6, PkI 6 Species 1. FM Oak Bwreacfnr) syr l a= .�; Big Cax±aa Creek Drr It rather Flo Streamwayl ai�c.n�an - , U.4 Infiltration Trench 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 undemeath Jamboree Road into an incised portion of Big Canyon Creep. 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. .: 2 S18-18 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 Bums & 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 liner 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. Bioretention and Bioreactor Cell - The innovative flow of water from the bottonr up will isolate the selenium in the bioreactor wood chip layer and therefore serve to mitigate Treated water from both the upper and lower layers will be potential ecological risk discharged through the top gravel layer and pipe collection S18-19 Big Canyon Restoration Wetland Project ( 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 Infdtration 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 strearnway 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 strearnway. 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 strearnway will be connected to Big Canyon Creek. 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 stream way. 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 Public Access and Walkway Plan 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 4 S18-20 Sig Canyon Restoration Wetiand Project E 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 Buries & 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 Carryon Creek_ The proposed cost for Task 2 is: $299,910. Task 3 — Geotechnical & Hydrogeologic Characterization Burns & McDonnell has teamed with DBS&A to provide the geotechnical professional services for the project. John Dodge of DBS&A will lead the characterization for DBS&A. Mr. Dodge has extensive knowledge of the Big Canyon Creek Watershed, having recently completed an extensive assessment of the Water Balance in the Big Canyon Creek Watershed for the City of Newport Beach (see Project Descriptions). Mr. Dodge will use his specific knowledge of groundwater in the Big Canyon Creek Watershed to prepare a plan of recommended geotechnical tests to be performed for the Project, including identifying the depth to groundwater and infiltration rate at the site. The following is a summary of the Geotechnical and Hydrogeologic Characterization work to be done under this task: 4 N ;: Tro.=.-. L9„t:^.w!fwna a$.a2cv,€Cs�'�..^.Es�,nw�e�A'-�"Gx3:+ a&».zl�-Sa;iw<wx 8 P-t"��'eC &, te; a9s: w�za•..rwn V7yeEz-A'0o::^.epcd BM �e4 �+n9«a?:�Tre:rcfi eaa¢ry In order to compliment the Citv's commitment, Burns & McDonnell proposes to design and conduct a bench -top bioreactor testing program to identify which combination of locally sourced natural materials will perform best to remove selenium and transportation -related pollutants • 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 5 . :Z S18-21 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 flow 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. (§15053 - §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. Biological 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/Deternaination. A formal jurisdictional delineation and determination of wetlands and waters of the US and State (.TD) 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 6 . :Z S18-22 Big Canyon Restoration Wetland Project 1 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 IS{MND. 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 ISCMND 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. IS/MNDs that require a minimum of a 20 day public review period, and a minimum of a 30 day public review period if the ISIMND 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 deporting 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. S18-23 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 A_COE (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 CDl"W, the CCC, 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. RWQCB (Section 441 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 8 S18-24 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 - Caastal Development ]Permit The California Coastal Commission (CCG) 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. CitV 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. Project 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. Bums & McDonnell understands the importance of 9 IN S18-25 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. Project 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. Bums 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. Progress Reports Prior to each formal progress meeting, Buns & 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 CBQA Compliance & Documentation $135,330 5 Entitlement Processing $38,570 6 Construction Services $52,340 TOTAL: $599,750 :=.: 10 S18-26 Burns & McDonnell Engineering Company, Inc. S18-27 Schedule of Hourly Professional Service BillingRates Position Classification Hourly Classification Level Billing Mate General Office* 5 $73.00 Technician* 6 $86.00 Assistant* 7 $98.00 8 $132.40 9 $15'1.00 Staff* 10 $185.00 11 $182.00 Senior 12 $196.00 13 $21U0 Associate 14 $228.00 15 $237.00 16 $240,04 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 C), 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 contractiagency personnel shall be billed to Owner according to the rate sheet as if such contractlagency personnel is a direct employee of Burns & McDonnell. C tTYOFNEWPORTBEAGH 1115A.DOc S18-28 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 Vil (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 S18-29 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 elfinsurance 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 S18-30 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 S18-31 judgment may be necessary for its proper protection and prosecution of the Work. Burns & McDonnell Engineering Company, Inc. Page C-4 S18-32 Attachment B Big Canyon Restoration / Water Quality CITY OF NEWPORT BEACH Improvement Project PUBLIC WORKS DEPARTMENT Location Map Project 15X12 04/12/16 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: 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 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, S18-34 including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Thirty Five Thousand Seven Hundred Twenty Dollars and 00/100 ($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 S18-35 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: 11 i i / 1 K M Aaron C. Harp oiA iu im City Attorney ATTEST: Date: � f B fiqz6AL-�- t`L' y, eiiani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: _ (�•='s'`1®l�' 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] Attachments: Exhibit A — Scope of Services Burns & McDonnell Engineering Company, Inc. Page 3 S18-36 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: BY- _ MMAL" Aaron C. Harp c,�bA it ► iu LLv 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: T. BY '4 1 ( Renita Mollman Vice President Date: B .12 EI abet ` all Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Burns & McDonnell Engineering Company, Inc. Page 3 S18-37 EXHIBIT SCOPE OF SERVICES Burns & McDonnell Engineering Company, Inc. Page A-1 S18-38 BURNS MMONNELL 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. Burns & 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-S50-9951 \ burnsmcd.com CA Contractor License 755238 S18-39 BURNS MCDONNELL 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 Burns & McDonnell requests an amendment to our current agreement dated January 28'x', 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 (Burns & McDonnell) $66,375 Permitting Scope Adjustments (Subcontract to ESA) $38,045 Finalize Access Road / Culvert Extension Design (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 S18-40 Robert Stein, PhD, PE September 25, 2015 Page 3 CJS Attachments: Burns & McDonnell Amendment #1 ESA Scope and Fee Adjustments VA Proposal cc: Steve Gruber S18-41 AMEN DMEN T NC. TWC TO RROFBSISIONAL SBRVICBS AGREEMENT WITH BURNS & MCDC N NBLL EN G INSBRING CC MPANY, INC. FCR BIG CANYC N RESTC RATIC N WS IUAN DSI RRC,, ECT -nHl%l A M BN13M ENT NO. TWC TC PRC F BSSIC NA L SERV IC 8.I AGRBEMBN T ("Arriendment Nc. Twc") is made and eintE red intc as of fl' is 26th day of April, 2016 ("Effecti%a Date"), by and t et\keen tl- e CITY CF N8WRC RT 88ACF , a Calk nnia me nicipal cc rpc ratic n and charier city 11"Cilly"), and BL RN S 81 M CDC N NBLL ENGINEERING CIC M PA N Y, INC., a Missouri cc rpc ratic n ("Consultant"), whosEi adc rEiss is 4225 ExecwtivEi Squares, Suite 500, La Jc Ila, Califc rnia 92037, and is ma& with rellEirence to the Icllowing: RECITA USI A. C n January) 28, 2015, Cilly and Consultant Entered intc a Prc fessional rlEA1iCEA Agreement ("Agreement") lo engage Ccnsultarif tc rlrcvide engineering and design seRlicES 1c r the Big Canyc n Resta vatic n "etland Rroject II"Rrc.ject"). B. C n N cvember 24, 2015, City and Ccinsultanf enfereid into AMndmenf Nci. C nes lo the AgreEirrient ("Arrienc ment Nc. C ne") tc iieflecit ac dificnal servicies not previously included in thea Agreement and to increase the Total compensatic n. C. The parties desire 1lo enter into this Ameindmenil No. Two lo reflect addiilicrial Elerviceis not included in thEi Agreement, as arrienc ec , and to inareasei tl• Ei dotal cc rripEinsation. NOW, THBREFC RB, ill is mute ally agreEic by and betwlEen thea undersigned partiEis as follows: SIERMICES TC BE PERFORMED Bxhibit A tc the Agreement shall be sc prIlEimeriileid to inaluc a 11hEi Scope of SEirvicEis, atilacheid l eiieilo as 8xhibit A and inaorporafed l emin by referericei ("%c.�lervices" c r "Wc rk"). Bxhit it A tc & e AgreEirrienll, Exl- ibit A tc Arriendrrient No. Cne, anc Exhibill A to ft is Amendrrienf Nc. Twc sl -all ciollectively be Nncwn as "Bxl•itit A." The City may Elect lo deletes aertain ServicES within the SccpEi c Servicers at its sone discreiticn. 2. COMPU SATION TO CONSIULTA N T Exhibit B to the Agreement shall be supplemented to include the SlchedL le of Billing RatEis, attached hereto as Exhibit 8 and ince rpc rated hEirein by reference ("SEirvices" car "Wc rN "' . Exl- ibit B tc the AgreiEirrienf, 8) hibit B lo Arrienc meant No. Ones, and Exl- ibit 8 to this Amendrrienf No. Two sr all ccllecilively be k ncwn as "Exhibit B." Section 4.1 of the Agiieerrieint is arriendEd in ifs entirety and replacied with the following: "City shall flay Consultant for ll`EServicers cn a lime and Expense nct-tci- E>ceEid basis in accoiidance with the provisicins cif this Section anc the Slch6dule of S18-42 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 44/100 ($859,326.44), 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 441144 ($123,856.44). 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 S18-43 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: By: Aaron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B. Dixon Mayor CONSULTANT: Burns & McDonnell Engineering Company, Inc., a. Missouri corporation Date: By: Renita Mollman Vice President Date: By: Elizabeth Hall Secreta ry [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B -- Schedule of Billing Rates Burns & McDonnell Engineering Company, Inc. Page 3 S18-44 EXHIBIT SCORE CF SERVICES Burns & IVciDonneill Bngineeining Corr pany, Inc. Pagel A-1 S18-45 BURNS`MSDONNELL 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 & '[Nater Quality lanprovement Project Dear Robert: Bunts & McDonnell Engineering Company (Bums & 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 Burns & McDonnell prepare a second amendment to the contract (Amendment 92) 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, Burns & 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 weil 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 l Suite 5001 La Jolla, CA 92037 0 858-320-2920 l F 858-550-9957 % burnsmcd.com CA Contractor License 755238 S18-46 BURNS 1%ME-DONNELL 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 {CHIP} culvert for Big Canyon Creek at Jamboree Road. The culvert extension was pail of the QCSD 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 CMI' 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 creels restoration design. This task includes additional coordination among the City, Irvine Ranch Conservancy, Burls & McDonnell and its pennitting 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. a& Monitoring Plan Revisions In this task, Burns & McDonnell and our permitting sub -consultant will revise the Habitat Mitigation and Monitoring Plan (I-IMMP) 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 continents. The fee for Task 4 is $9,880. S18-47 BURNSMEDONNELL Task 5. Landscape and Temporary Irrigation Drawings Burns & 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. Pen-nanent 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 for bidding 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 G. '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 duality performance, as required by the ©range County Transit Authority (©CTA). We have assumed the City will conduct the water quality sampling and pay for all analytical costs. A draft report sunulnarizing 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 G is $12,837. 3 EXHIBIT B SCHEDULE OF BALLING RAVES Burns & McDe rinell OnginE Bring Company, Inc. Rages B-1 S18-49 BURNS`MSDONNELL 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 I Plannin Options $22,100.00 2 Drawing Revisions and Modifications $17,000.00 3 Final Drawings Preparation — Trail Design $12,900.00 4 1 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 (85 8) 320-2946 or at siMber(a)bumsmcd.com. Sincerely, Stephen J. Gruber Project Manager cc: Chris Snider, PE S18-50