HomeMy WebLinkAboutC-7127-3 - PSA for Engineering and Construction Management Services for the Newport Bay Trash Wheel ProjectAMENDMENT NO. FOUR TO
PROFESSIONAL SERVICES AGREEMENT
U WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 5th day of December 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation ("Consultant"), whose address
is 140 S. State College Boulevard, Suite 100 & 200, Brea, CA 92821, and is made with
reference to the following:
RECITALS
A. On March 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Engineering and Construction Management
Services for the Newport Bay Trash Wheel Project ("Project").
B. On January 11, 2022, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On February 28, 2023, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to reflect additional services not included
in the Agreement, as amended, to extend the term of the Agreement to December
31, 2024, and to increase the total compensation.
D. On July 11, 2023, City and Consultant entered into Amendment No. Three to the
Agreement ("Amendment No. Three") to reflect additional services not included in
the Agreement, as amended, to extend the term of the Agreement to December
31, 2025, to increase the total compensation, and to update the Independent
Contractor section.
E. The parties desire to enter into this Amendment No. Four to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to
Amendment Two, Exhibit A to Amendment Three, and Exhibit A to Amendment No. Four
shall collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement, Exhibit B to Amendment No. One, Exhibit B to Amendment Two,
Exhibit B to Amendment Three, and Exhibit B to Amendment No. Four shall collectively
be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Nine Hundred Sixty Three
Thousand Six Hundred Twenty One Dollars and 00/100 ($963,621.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Four,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seventy Five Thousand Four Hundred Eleven Dollars and 00/100 ($75,411.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORI�EY'S OFFICE
Date: 12-1� ?r3
In
ATTEST:
Date:
0
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: !Zi,%�23
By:
Grp e K. Leung
City Manager
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
Signed in Counterpart
By:
Stephan L. Nalefski
Senior Vice President
SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 12-1
By:
C I ltyjAttorrye'y
ATTEST:
Date:
M
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date: Zv:z
45 If 0 By.
Stephan L. Nalefski
Senior Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
. . . . . .............. .
Burns & McDonnell Engineering Company, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
Task 1: RFI & Submittals, Design Changes and Supplemental Construction Biological Monitoring
Irvine Company Request for Change in Vegetation Cover: The Irvine Company requested just prior
to mobilization adding container plants to the north side of the project where only hydroseeding
was planned. As requested by City, Burns & McDonnel will design an automatic temporary
irrigation system to provide temporary irrigation for the establishment of these container plants. A
revised revegetation plan is also required for submittal to the resource agencies that will require
certification of the establishment of vegetation in the mitigation areas. Tidal Influence will conduct
inspection of the delivery, installation and establishment of the additional container plants
requested by The Irvine Company. Tidal Influence will also attend an additional two construction
meetings during construction coordination.
b. Change in Field Conditions at Biofiltration Unit: During initial grading, soft and highly erodible
conditions were discovered in the area of the biofiltration unit and outfall. These conditions require
relocating the unit and outfall. Burns & McDonnell will revise the design sheets to relocate the
biofiltration unit and outfall within a modified truck turnaround area.
c. Design of Rail Stop Mechanism : As requested by City Staff, Burns & McDonnell and Anchor QEA will
provide structural design services to design a stop mechanism at the end of the rail system.
d. Additional RFIs & Submittals for SCADA System: Burns & McDonnell has completed the reviews and
submitted responses to 16 RFIs and 22 Submittals. An additional budget is requested to cover the
review, coordination and submittal of the anticipated multiple submittals for the SCADA remote
sensing and control system and the integration of this system into the City's existing systems and
operations. The SCADA system was provided as a performance specification to provide flexibility for
this integration but requires submittal of system design details.
e. Tidal Influence will conduct additional biological monitoring as a result of the presence of California
Gnatcatcher per the permit conditions. Tidal Influence will focus this monitoring to more disruptive
activities that include clearing and grubbing, grading and pile driving. This totals five full days or 10
half days of additional monitoring. Additional communication with the resource agencies per the
permit condition requirements due to the presence of this listed species.
f. Tidal Influence is requested to provide communications with the California Department of Fish &
Wildlife and California Coastal Commission staff regarding providing information and documentation
of compliance with approved project permits. The permit condition support includes developing a
permit conditions matrix and tracking compliance.
Task Cost: $65,460 (includes Tidal Influence $12,820 & Anchor $23,948)
Task 2: Welding Inspection & Testing
As requested, Group Delta will provide welding and related steel inspection and testing.
• Task Cost: $9,951 (includes $8,967 Group Delta)
The total cost of the amendment is $75,411.
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
EXHIBIT B
BILLING RATES
AMENDMENT NO. FOUR
BURNSN MSDONNELL_
CERTIFICATE OF ASSISTANT SECRETARY
OF
BURNS & McDONNELL ENGINEERING COMPANY, INC.
1, Clu•istine M. Dority, Assistant Secretary and keeper of the records and corporate seal of
Burns & McDonnell Engineering Company, Inc. ("the Company"), a corporation organized kind
existing under the laws of the State of Missouri, certify as to the following:
The Board of Directors has declared signature authority to certain individuals of the
Company, including officers, office managers and associate level project managers. Stephan L.
Nalefski is a Senior Vice President, having been first elected as an officer of the Company on
January 7, 2016, and remains in good standing. Therefore, pursuant to the authority granted by
the Board of Directors and as reflected in the records of the Company, Mr. Nalefski is authorized
to sign proposals, contracts, and related documents in connection with providing architectural,
engineering, consulting management, construction and related services by the Company.
IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf of
Burns & McDonnell Engineering Company, Inc. on the 2151 day of February 2022.
BURNS & MCDONNELL ENGINEERING
COMPANY, INC.
``��11111111i11Jf//�/�� � � •
EN......
'" '' Christine M. Dority v
G� qT,c, Assistant Secretary
SEAL
pora(e Seal]
unt
BURNS S MSDONNELL.;
Robert Stein, Ph.D., P.E.
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
October 31, 2023
Re: Addendum No. 4 Request to Contract for Trash Interceptor— Additional Construction Engineer of
Record Support and Construction Biological Monitoring Services (Contract No. C-7127-5)
Dear Robert:
The Burns & McDonnell (B&M) consultant team is working closely with your staff and the construction
contractor, and it appears the project is on track to complete in a timely manner. There are a number of
new design and construction related tasks and B&M requests a modification of our scope of work as
follows.
Task 1: RFI & Submittals, Design Changes and Supplemental Construction Biological Monitoring
a. Irvine Company Request for Change in Vegetation Cover: The Irvine Company requested just prior
to mobilization adding container plants to the north side of the project where only hydroseeding
was planned. As requested by City, Burns & McDonnel will design an automatic temporary
irrigation system to provide temporary irrigation for the establishment of these container plants. A
revised revegetation plan is also required for submittal to the resource agencies that will require
certification of the establishment of vegetation in the mitigation areas. Tidal Influence will conduct
inspection of the delivery, installation and establishment of the additional container plants
requested by The Irvine Company. Tidal Influence will also attend an additional two construction
meetings during construction coordination.
b. Change in Field Conditions at Biofiltration Unit: During initial grading, soft and highly erodible
conditions were discovered in the area of the biofiltration unit and outfall. These conditions require
relocating the unit and outfall. Burns & McDonnell will revise the design sheets to relocate the
biofiltration unit and outfall within a modified truck turnaround area.
c. Design of Rail Stop Mechanism: As requested by City Staff, Burns & McDonnell and Anchor QEA will
provide structural design services to design a stop mechanism at the end of the rail system.
d. Additional RFIs & Submittals for SCADA System: Burns & McDonnell has completed the reviews and
submitted responses to 16 RFIs and 22 Submittals. An additional budget is requested to cover the
review, coordination and submittal of the anticipated multiple submittals for the SCADA remote
sensing and control system and the integration of this system into the City's existing systems and
4225 Executive Square \ La Jolla, CA 92037
0 858-260-5985 \ F 714-256-1764 \ burnsmcd.com
BURNS XMSDONNELL.
Amendment No. 3
December 7, 2023
Page 2
operations. The SCADA system was provided as a performance specification to provide flexibility for
this integration but requires submittal of system design details.
e. Tidal Influence will conduct additional biological monitoring as a result of the presence of California
Gnatcatcher per the permit conditions. Tidal Influence will focus this monitoring to more disruptive
activities that include clearing and grubbing, grading and pile driving. This totals five full days or 10
half days of additional monitoring. Additional communication with the resource agencies per the
permit condition requirements due to the presence of this listed species.
f. Tidal Influence is requested to provide communications with the California Department of Fish &
Wildlife and California Coastal Commission staff regarding providing information and documentation
of compliance with approved project permits. The permit condition support includes developing a
permit conditions matrix and tracking compliance.
• Task Cost: $65,460 (includes Tidal Influence $12,820 & Anchor $23,948)
Task 2: Welding Inspection & Testing
As requested, Group Delta will provide welding and related steel inspection and testing.
• Task Cost: $9,951(includes $8,967 Group Delta)
The total cost of the amendment is $75,411.
Sincerely,
David H. Pohl, P.E., Ph.D.
Burns & McDonnell Engineering Company, Inc.
4225 Executive Square \ La Jolla, CA 92037
0 858-260-5985 \ F 714-256-1764 \ burnsmcd.com
r
N AMENDMENT NO. THREE TO
[' PROFESSIONAL SERVICES AGREEMENT
' WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
v ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 11th day of July, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation ("Consultant"), whose address
on file with the Secretary of State is 9400 Ward Parkway, Kansas City, Missouri 64114,
with a local address of 140 S. State College Boulevard, Suite 100, Brea, CA 92821, and
is made with reference to the following:
RECITALS
A. On March 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide professional
engineering, design and construction management services for the City's
proposed trash wheel project ("Project").
B. On January 11, 2022, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, and to increase the total compensation.
C. On February 28, 2023, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two) to reflect additional services not included
in the Agreement, as amended, to extend the term of the Agreement to December
31, 2024, and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to December 31, 2025, increase the total compensation, and to update
the Independent Contractor section.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2025, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One and Exhibit A
to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect
to delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement, Exhibit B to Amendment No. One and Exhibit B to this Amendment
No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Eight Hundred Eighty
Eight Thousand Two Hundred Ten Dollars and 00/100 ($888,210.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred Fifty Six Thousand Five Hundred One Dollars and 00/100 ($256,501.00).
4. INDEPENDENT CONTRACTOR
Section 10.2 of the Agreement is added to the Agreement as follows:
"10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or
already be a CalPERS member."
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6.2.E . 23
CITY OF NEWPORT BEACH,
a California municipal cor tion
Date:
By: By:
VAC'
n C. c.I�1aly.h omtto nerp XWOr
ATTEST:
Date: ,
4AX(4al8l) ' .
Ila
:.
CONSULTANT: BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a
Missouri Corporation
Date:
Signed in Counterpart
Bv:
Stephan L. Nalefski
Senior Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 6' ZJ, • 2-,;
By:
ar n C. rp �ja3 a�
C" Atto ne
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Noah : •
Mayor
CONSULTANT: BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a
Missouri Corporation
Date: V3
By:7�;�5W2/
Stephan L. Nalefski
Senior Vice President
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
Task 1: Pre -Bid Support and Request for Information (RFI) Review and Management
Consultant will support the City during the pre -bid and bidding process in responding to bidder's
technical questions and review and input on the bid proposal. Consultant will review and provide
comments on the request for information (RFI) from the selected contractor prior to mobilization
and during the construction. Consultant will review the RFIs for compliance and conformance with
the Design Drawing, Special Provisions, Performance Specifications, and Agency Permits and
Approvals. Consultant will support the City in managing the RFIs and status through an RFI log
consistent with the Special Provisions. Anchor QEA (Subconsuitant) will provide support in
reviewing submittals pertaining to structural elements that include the piles. Tidal Influence
(Subconsuitant) will provide review of submittals pertaining to the revegetation plan and
conformance with the approved project permits. This task also includes overall project
management. This task also includes addressing requested information and responses to the
Corps of Engineers to obtain the 404 Permit for the project.
Task 2: Field Engineering Support
The Consultant's Project Manager will attend up to 2 on -site coordination meetings with the City
and contractor during mobilization and construction of the trash interceptor project. This task
includes preparing meeting notes and management of the tasks and our subconsultants under
this scope of work.
Consultant will support the City as Engineer of Record assisting City in interpreting the
construction documents, reviewing changed field conditions (3 visits by PM, 2 visits by Sr. Civil,
and 3 visits by Electrical Engineer), and revising drawings or specifications as needed. Support
also includes working with the City during construction to work through system operations as
systems are installed and brought on-line. TI (Subconsultant) will also attend meetings and
provide worker awareness training in accordance with the approved permits.
Task 3: Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA)
Consultant will conduct a CERCLA Phase I study (or Phase I Environmental Site Assessment
(ESA)) of the environmental risk at the site to document past uses and potential for environmental
risk or contamination impacts to site soil and groundwater based on available information and
data. No field investigation is proposed for this Phase I study. Consultant will conduct a Phase I
ESA consistent with ASTM Standard E1527-21 for performing an environmental site assessment
for commercial real estate and with the All Appropriate Inquiries Final Rule (40 CFR 312). The
Scope of Work and assumptions for the Phase I study are provided in the Details section below.
It is understood that Phase I ESAs are conducted to permit the user to satisfy one of the
requirements to qualify for the innocent landowner, contiguous property owner, or bona fide
prospective purchase limitations on CERCLA liability and is not intended to include a more
comprehensive evaluation of business environment risk associated with a parcel of commercial
real estate.
Task 4: Pre -Construction Biological Surveys and Construction Biological Monitoring
Tidal Influence (TI), subcontractor to Consultant, will perform pre -construction biological surveys
per the project's resource agency permits.
Task 4.1 Eelgrass and Caulerpa Surveys - Perform 1-day pre -construction eelgrass and
Caulerpa surveys between Marsh and October with 3 divers. TI will prepare the survey reports to
be submitted to the applicable resource agencies. This task does not include post -construction
surveys.
Task 4.2 Nesting Bird Season Bird Surveys - If work commences prior to end of bird nesting
season, Labor Day, TI will survey for evidence of endangered fledgling bird species. TI will
conduct these surveys starting in August requiring 2 pre -con nesting surveys & 1 monthly survey
in late August. Additional services will be required if nesting is observed to delineate the area and
develop an avoidance plan.
Task 4.3 Preconstruction Special Status Species Surveys — TI will conduct pre -construction
rare plant and animal surveys per the CEQA document mitigation measures (MND BIO-1, BIO-5,
and B1006) and provide a report on the results of the surveys.
Task 4.4 Construction Biological Monitoring - During the initial clearing & grubbing and site
grading activities that are estimated to occur over a six -to -eight -week period, TI will provide
biological monitoring in accordance with the CEQA and Coastal Development Permit and CDFW
Streambed Alteration Agreement. TI will provide guidance on avoidance of biological resources
and minimization measures. For the purpose of this cost estimate it is assumed daily Biological
Monitor site visits during 13 weeks/65 days of construction.
Task 4.5 Habitat Mitigation and Monitoring Plan (HMMP) Compliance Oversight — TI will
provide oversight for 10 hours per week for 4 weeks of habitat restoration project implementation.
If the revegetation and establishment period is greater than 4 weeks, an addendum will be
required. This effort does not include permit reporting or performance standard monitoring.
Task 5: Geotechnical Observation and Testing Services
Group Delta (Subconsultant) will provide geotechnical observation and testing services to
evaluate conformance with plans, specifications, geotechnical report, and applicable codes.
Group Delta will provide Pile Driving Review and Inspections, Geotechnical Observation and
Testing, Concrete Observation and Testing and Project Documentation and Management in
accordance with the attached detailed scope of work.
Optional Task 6: NEPA Documentation
Consultant will provide NEPA documentation support as needed pending use of federal funding
for the Trash Interceptor project. The scope and cost of these services will be determined when
these funds are requested, and a lead agency identified. The scope will be based on discussions
with the lead agency on the requirement for federal funding. Once the scope is defined, a cost
estimate will be provided.
TASK 3 DETAILS
Assumptions
1. The Property is approximately 2 acres in size with the construction limits within a less
than an acre area.
2. The project is located on a parcel owned by the Irvine Company. The Orange County
Flood District has a maintenance easement on the parcel.
3. There are no structures on the Property. The property contains a flood channel and berm
with an access road.
4. The Phase I site visit and local records searches can be completed within a single day.
5. The City will return the attached User Questions and Information Request upon notice -
to -proceed.
6. City will provide landowner and occupant contact information upon notice -to -proceed
such that Consultant can conduct the appropriate interviews.
7. City will provide written and legal authorization for Consultant to perform services on the
Property, including right of access to the Property. No additional costs will be incurred by
Consultant in order to comply with any requirements of the right of access agreement.
Note that an in -person Site visit by Consultant's personnel is required in order to
fully meet the requirements of ASTM E1527, and AAI. If, for any reason, such a Site
visit cannot be conducted, then the Phase I ESA report will be conditioned accordingly,
including noting the exception as a deviation from the ASTM E1527 standard, and full
liability protection may not be obtained by City.
8. City will obtain the review of title and land judicial records for environmental liens and
activity and use limitations (AULs). Note that full liability protection cannot be
obtained under the ASTM 1527 Standard and All Appropriate Inquiries Regulation
(40 CFR 312) without a review of title and land judicial records for environmental
liens or AULs. If the results are provided to Consultant, they will be included in the Phase
I ESA report. If the City would prefer that Consultant obtain this information for inclusion
in the report, an additional fee will be applied. An estimated cost can be provided upon
request to your proposal manager.
9. City will provide a copy of the Title Policy for the real estate transaction, if available.
10. City will provide the chain -of -title for the Property (from 1940 to present), if available, to
allow for review and inclusion in the Phase I report.
11. The final report will be provided to City in electronic format only (as .pdf).
12. The Phase I ESA will not include any inquiry with respect to controlled substances,
environmental compliance, radon, methane, asbestos, lead paint, mold, wetlands,
emerging contaminants, or vapor intrusion.
13. No party other than City is permitted by Consultant to rely on the Phase I ESA report
without prior authorization by Consultant.
14. City shall place at Consultant's disposal all information pertinent to the Scope of Services
on this Project, including previous reports and any other data relative thereto. Information
provided by City or others regarding current or previous site conditions, materials,
contamination, or other relevant data will be accepted as accurate without independent
verification.
Scope of Work: ASTM 1527-21/AAI Compliant Phase I Environmental Site Assessment
The project scope consists of assisting City with an ASTM E1527-21/AAI compliant Phase I
Environmental Site Assessment. Refer to proposal for a list of significant project -specific
assumptions.
1. Regulatory & Historical Background Review
a) Consultant will purchase and review a government database area map search and list
report (Report) for the Subject Property. The Report will be purchased from one
commercial provider of that service. The Report purchased will use the address of the
Subject Property and/or or the boundary of the Subject Property as its search basis and
will contain the following information, at a minimum:
Approximate
Minimum Search
Database Name
Distance (Miles)
Lists of Federal NPL(a) (Superfund) sites
1.0
Lists of Federal Delisted NPL sites
0.5
Lists of Federal sites subject to CERCLA(b) removals and
0.5
CERCLA orders
Lists of Federal CERCLA sites with NFRAP(°)
0.5
Lists of Federal RCRA(d) facilities undergoing Corrective
1.0
Action
Lists of Federal RCRA TSD(e) Facilities
0.5
Subject Property and
Lists of Federal RCRA generators
adjoining
Federal institutional control/engineering control registries
Subject Property only
Federal ERNS(f) list
Subject Property only
Lists of state and tribal "Superfund" equivalent sites
1.0
Lists of state and tribal hazardous waste facilities
0.5
Lists of state and tribal landfills and solid waste disposal
0.5
facilities
Lists of state and tribal leaking storage tanks
0.5
Subject Property and
Lists of state and tribal registered storage tanks
adjoining
State and tribal institutional control/engineering control
Subject Property only
registries
Lists of state and tribal VCP(g) sites
0.5
Lists of state and tribal Brownfield sites
0.5
(a) NPL = National Priorities List
(b) CERCLA = Comprehensive Environmental Response, Compensation, and Liability Act
(c) NFRAP = No Further Remedial Action Planned; (d) RCRA = Resource Conservation and Recovery Act
(e) TSD = Treatment, Storage, and Disposal
(f) ERNS = Emergency Response; Notification System
(g) VCP = Voluntary Cleanup Program
(h) EP = Environmental Professional
b) Consultant will review historical aerial photographs with an attempt to obtain at least one
photograph per decade. The following sources may be used:
L Either the local County or Township Assessor's office,
ii. The local office of the United States Natural Resource Conservation Service,
iii. The City Planning and Zoning Department,
iv. Commercial Provider.
Aerial photographs will be reviewed in an effort to identify the past uses of the Subject Property.
If possible, Consultant will purchase copies of the photographs reviewed, however, Consultant
will not purchase copies of more than one photograph per decade.
c) Consultant will review the USGS 7.5 Minute Topographic Map for the Subject Property to
evaluate the regional topography and drainage features on or within'/2 mile of the Subject
Property.
d) Consultant will purchase and review historic fire insurance maps (Fire Insurance Maps), if
they are available. Fire Insurance Maps will be purchased from one commercial provider
of that service. The Fire Insurance Maps purchased will use the street address of the
Subject Property as the search criteria. Consultant will review the Fire Insurance Maps, if
available, to identify known past uses of the Subject Property.
e) Consultant will interview the person(s) identified by Client as possessing knowledge of the
current and former uses of the Subject Property. Consultant will also interview credible
people identified by the current Subject Property owner, if any, that may possess
knowledge of the current and former uses of the Subject Property. Attempts will be made
to contact and interview both current and past Subject Property owners and/or operators.
f) Consultant will attempt to review file information concerning the Subject Property at the
local fire, building and planning departments and the township or county Assessor's Office,
or will interview representatives of these offices by telephone concerning records they
have.
g) Consultant will review reasonably ascertainable published geologic and/ or soil maps or
literature for the Subject Property in an effort to identify general types of soil and rock
underlying the Subject Property vicinity. Consultant will not conduct intrusive data
gathering or sampling of soil, rock, or water at the Subject Property, to obtain this
information.
h) Consultant will submit Freedom of Information Act Requests (FOIA)/Open Records
Requests to the applicable local, state, and/or federal environmental agencies with
authority over land and water issues requesting file information about the Subject Property
and adjacent sites, as deemed necessary by the Environmental Professional. The quoted
fee in this scope of work does not include more than $25.00 in search and copying charges
for records obtained as a result of these FOIA requests.
i) Consultant will perform vapor encroachment screening in accordance with ASTM E2600.
2. Site Reconnaissance
a) Consultant will perform a site visit to visually and physically observe the Subject Property.
Consultant will perform this site visit in an effort to obtain information that may indicate the
likelihood of identifying Recognized Environmental Conditions on the Subject Property.
"Physically observe" as used herein means we will also make note of odors that may
suggest environmental impact to the Subject Property.
b) Consultant will visually observe the Subject Property in an effort to identify transformers,
capacitors, and other equipment that may contain polychlorinated biphenyls (PCBs).
Consultant will look to see if transformers or capacitors are leaking and attempt to identify
visible markings that may confirm their PCB content.
c) Consultant will visually observe the Subject Property to identify aboveground storage
tanks and visible signs of underground storage tanks (e.g., fill pipes, manways, vent lines,
and dispensing pumps).
d) Consultant will photograph each accessible property line and each accessible side of
Subject Property improvements to document the condition of the Subject Property at the
time of the site reconnaissance. Finally, Consultant will photograph each area that, at the
time of the site reconnaissance, Consultant plans to identify as a Recognized
Environmental Condition at the Subject Property.
e) Consultant will review waste manifests, safety data sheets, raw materials inventory lists,
and tenant lists for a 50-year period, if these records exist and are made available to
Consultant by the Client or current owner or current tenants, in an effort to identify issues
of environmental relevance to the Subject Property for that time period. Reviews of these
documents requiring more than 1 hour are beyond the scope of services of this scope of
work and will be billed on a time and expense basis.
3. Visual Observation of Adjoining and Surrounding Lands
Adjoining properties and the surrounding area will be observed by Consultant during observation
of the periphery of the Subject Property, from public thoroughfares adjacent to or traveled on the
way to the Subject Property, and from buildings and structures otherwise accessed during the
site visit. The purpose of observing adjoining properties and the surrounding area is to identify
features, activities, uses, and conditions that may indicate Recognized Environmental Conditions
at the Subject Property.
4. Sampling
Consultant will not take any samples for soil, groundwater, lead paint, asbestos, mold or vapor
intrusion analysis.
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
EXHIBIT B
BILLING RATES
AMENDMENT NO. THREE
Task 1
TotalTask
$65,776.00
Task 2
$49,670.00
Task 3
$8,878.00
Task 4
$42,890.00
Task 5
TOTAL
$89,287.00
00
N
AMENDMENT NO. TWO TO
r PROFESSIONAL SERVICES AGREEMENT
1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
V ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 28th day of February, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation ("Consultant"), whose address
on file with the Secretary of State is 9400 Ward Parkway, Kansas City, Missouri 64114,
with a local address of 140 S. State College Boulevard, Suite 100, Brea, California 92821,
and is made with reference to the following:
RECITALS
A. On March 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") for professional engineering, design and construction
management for the City's proposed trash wheel project ("Project").
B. On January 11, 2022, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not included
in the Agreement, and to increase the total compensation.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to December 31, 2024, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2024, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A
to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect
to delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to this Amendment
No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred Thirty One
Thousand Seven Hundred Nine Dollars and 00/100 ($631,709.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighty One Thousand Nineteen Dollars and 00/100 ($81,019.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. Page 2
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
Dater
By:
a on C. Harp aW\a� v- /
City Attorney 1 l
ATTEST:
Date:
By: jjLWik-*L)1
Leilani I. Brown
City ClePO T
3@`. . ._ X
'LIFO¢�
CITY OF NEWPORT BEACH,
a California munic al corporation
Date:
Ala h
ayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
Signed in Counterpart
By:
Stephan L. Nalefski
Senior Vice President
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
a on C. Harp Jlb1a3 ��
Ci Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Noah Blom
Mayor
ATTEST: CONSULTANT: Burns & McDonnell
Date: Engineering Company, Inc., a Missouri
Corporation
Date:
By: By:se: E V P—.
�
Leilani I. Brown Stephan L. Nalefski
City Clerk Senior Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inca Page 3
EXHIBIT A
SCOPE OF SERVICES
The construction documents were completed in July 2022. Since then, the City has obtained additional
geotechnical data from its consultant. This new data may impact the design of several project elements.
These tasks include:
1. Light Pole and Winch Foundation Design: Review and incorporate the new geotechnical
information provided by Group Delta into the design of the light pole foundation and winch pedestal.
The structural design of the light pole foundation and winch pedestal will be conducted by Anchor
QEA. Anchor QEA will prepare the engineering design for the light pole footings and winch
foundation. This includes performing structural engineering calculations for the light pole footings
and winch foundation, sketching details based on the calculations, and preparing computer -aided
design (CAD) drawings based on the sketches based on geotechnical recommendations. This task
includes work elements such as steel reinforcing and concrete typically covered by the Greenbook
standard specifications. However, Anchor QEA will review the Greenbook standard specifications
to determine whether any special conditions are required and note the material requirements in the
structural general notes of the plans. Consultant will conduct design coordination meetings and
incorporate new design details provided by Anchor QEA into the existing design plan package and
Special Provisions.
2. Finalize Pile Design Calculations: Based on new geotechnical information provided by Group
Delta under contract to the City, the pile structural calculations will be finalized. Anchor QEA will
finalize the design calculations and details for the piles of the pier, trash wheel pontoon, and trash
boom shoreline anchors. This task also incorporates additional coordination effort by Consultant
and Anchor QEA to marry the structural and site civil packages together.
The City has also received new comments from County of Orange and Irvine Company that require
additional analysis and potentially design changes. These tasks include:
3. 3D Renderings and Irrigation Plans in Response to Irvine Company Comments: As part of
the process for gaining project approval from The Irvine Company, prepare 3D renderings of the
project that were provided to the Irvine Company in respond to concerns about the visual impact
from the apartment on the south side of the San Diego Creek.
To address The Irvine Company's concerns about visual impacts of the proposed project,
supplemental effort also included preparing temporary irrigation plans that were also expanded to
include the south bank. Consultant prepared temporary irrigation plans and specifications that were
submitted on July 1, 2022. The south bank plantings were added based on comments from the
Irvine Company and to address comments from the California Coastal Commission.
Also, because of the unique aspect of many of the design tasks, the construction contractor may have
alternative viable methods for implementing construction that could be cost effective. These design tasks
include the pier catwalk, rail cart and braking system, gangway ramp, trash interceptor system, and landside
solar power system. As such, the construction document includes performance specification requirements
where the construction contractor must prepare and submit to the City detailed designs that meet applicable
national, state and local codes, standards, and performance specifications and design manual
requirements. In order to help guide the contractor's design submittals and facilitate early approval, it is
recommended that additional design details be added to the construction drawings. These tasks include:
4. Catwalk Design, Catwalk Abutment, Pile Height Adjustments and Design Coordination: The
performance specification for the catwalk have been prepared. The contractor that is awarded the
construction contract will prepare a detailed design with calculation for the catwalk per the
requirements of the performance specification. Under this Task B, more design details will be
prepared to guide the construction contractor in its design submittal. This task includes coordination
Burns & McDonnell Engineering Company, Inc. Page A-1
between Consultant and Anchor QEA will prepare the engineering design for the catwalk spanning
from the parking lot to the pier end to provide maintenance workers with access to the trash
containers. This effort includes performing structural engineering calculations for the stringers
supporting the catwalk between the already designed cantilever beam supports, as well as
additional structural steel as may be determined by Anchor QEA. The grating, posts, railings, and
chains will also be specified. Because the site is not accessible by the public, the catwalk railings
will be designed using California Division of Occupational Safety and Health requirements rather
than California Building Code standards. Based on a 20-year project lifespan, Anchor QEA will
recommend a cost-effective grating material (i.e., galvanized steel, painted steel, mill finish
aluminum, or fiberglass -reinforced plastic), which will determine stringer spacing.
The interface of the catwalk with the parking lot will also be shown in the CAD details and/or drawing
to be prepared as part of this task. Consultant will conduct design coordination meetings and
incorporate new design details provided by Anchor QEA into the existing design plan package and
Special Provisions. This includes revisions to the performance requirements on Sheet 9 of the
design plans. The catwalk is proposed to be fully designed in this package. However, the gangway
remains a typical performance specification item designed by a gangway fabricator. The pier side
support for the gangway has been designed as shown in the current plan set. We understand that
the floating pontoon support for this gangway will be designed by the construction contractor
pending the floating trash interceptor selected for implementation according to the performance
requirements.
Final Review and City Coordination of the Design and Performance Specifications for the
Site Security & Monitoring and Telemetry Systems: The final design for the site security,
monitoring and telemetry system was provided in the final design package as both details in the
design plans and performance requirements and special provisions. At the time of the final design,
due to the use of available budget for the items listed above, final review and coordination with the
City's operations was not conducted. This task would be to conduct a coordination meeting with
the City to review the final design and provide any final clarifications to the design documents. This
work will be conducted by Consultant.
Burns & McDonnell Engineering Company, Inc. Page A-2
Burns & McDonnell Engineering Company, Inc. Page A-3
EXHIBIT B
SCHEDULE OF BILLING RATES
TotalTask
Light Pole and Winch
$22,923.00
Foundation Design
Finalize Pile Design
$g 048.00
Calculations
3D Renderings and
Irrigation Plans in
$7 740.00
Response to Irvine
Company Comments
Catwalk Design, Catwalk
Abutment, Pile Height
$32,230.00
Adjustments and Design
Coordination
Final Review and City
Coordination of the Design
and Performance $9,078.00
Specifications for the Site
Security & Monitoring and
Telemetry Systems
TOTALii
Burns & McDonnell Engineering Company, Inc. Page B-1
r
CJ AMENDMENT NO. ONE TO
FPROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
v ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 11th day of January, 2022
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BURNS & MCDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation ("Consultant"), whose address
is 140 S. State College Boulevard, Suite 100, Brea, California 92821, and is made with
reference to the following:
RECITALS
A. On March 24, 2020, City and Consultant entered into a Professional Services
Agreement ("Agreement") for professional engineering, design and construction
management for the City's proposed trash wheel project ("Project").
B. The parties desire 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
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, and this Exhibit B to Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Fifty
Thousand Six Hundred Ninety Dollars and 00/100 ($550,690.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Eighty Five Thousand Seven Hundred Sixty Five Dollars and 00/100 ($85,765.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Burns & McDonnell Engineering Company, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: JZ/)N/1a
By:
ron . Harp Idtu) IZtt� L�
ty Attorney
ATTEST:
Date: L5 3 2M
By:
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a California municipal
icipal corporation
Date:
Iv
Im
Kevin Muldoon
Mayor
CONSULTANT: Burns & McDonnell
Engineering Company, Inc., a Missouri
Corporation
Date:
By:
Signed in Counterpart
Renita M. Mollman
Vice President
Date:
By:
Stephen Kane
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 12TH/za
By:
ron . Harp lGl�u1 121iv Z-1
ty Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
ATTEST: CONSULTANT: Burns & McDonnell
Date: Engineering Company, Inc., a Missouri
Corporation
Date: % ISI-202,2—
By: By:
Leilani I. Brown L Na
City Clerk nt .5eh;V . V�� c.�7j �Qs;cl -�
Date:
By:
Stephen Kane
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Burns & McDonnell Engineering Company, Inc. Page 3
BURNS SMGDONNELL_
CERTIFICATE OF ASSISTANT SECRETARY
OF
BURNS & McDONNELL ENGINEERING COMPANY, INC.
1, Christine M. Dority, Assistant Secretary and keeper of the records and corporate seal of
Burns & McDoImell Engineering Company, Inc. ("the Company"), a corporation organized and
existing under the laws of the State of Missouri, certify as to the l:ollowina:
The Board of Directors has declared signature authority to certain individuals of the
Company, including officers, office managers aril associate level project managers. Stephan L.
Nalefski is a Senior Vice President, having been first elected as an officer of the Company on
Jantlary 7. 2016, and remains in good standing. Therefore,pursuant to the authority granted by
the Board of Directors and as reflectcd in the records of the Company, Mr. Nalefski is authorized
to sign proposals, contracts, and related dOCLImellts in connection with providing architectural,
erlglncering, C0I1sUltnlg maIlagerneiit, COnStrnC41011 and related services by the CompaI1V.
IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf of
Burns & McDonnell Engineering Company, Inc. on the'-?]" day of February 2022.
BURNS & McDONNELL ENGINEERING
CONII)ANY, INC.
Christine %/I. Dority
Assistant Secretary
EXHIBIT
SCOPE OF SERVICES
Burns & McDonnell Engineering Company, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR NEWPORT BAY TRASH
WHEEL PROJECT
AMENDMENT NO. 1
SUMMARY
The following is a summary of the additional scope items under the permitting and design of
the Newport Bay Trash Interceptor and the purpose/reason for the supplemental effort. The
scope of each of these items is then presented with the estimated costs. Detailed cost
estimates presenting labor hours and costs are attached.
Task 10 — Additional Design Detail Sheets and Expanded Operations & Maintenance (O&M)
Plan to Address Comments from Orange County for Encroachment Permit:
Additional Design Sheets - Additional effort is required to address the comments received from
The County of Orange based on comments on the 75% Design to obtain the permit for
construction and operation of the trash interceptor. Additional design effort is needed to
address comments regarding site security, remote and site operational controls, boom system,
and construction phasing. These details will require up to four additional design sheets and
additional supplements to the specifications. The original scope was based on a greater use of
performance specifications with less detail on these items.
Task 11— Permit Fees and Additional Reports and Surveys for Project Permits:
Permit Fees: Permit fees were not included in the original scope because the exact totals were
not known at that time. These permit fees have been paid to submit the regulatory and
resource agency permits for the project.
Additional Reports: Based on comments received from resource agencies during the pre -
application permit consultation, additional reports are needed that were not in the original
scope. These include a Habitat Mitigation and Monitoring Plan (HMMP) to respond to
comments from the California Department of Fish and Wildlife (CDFW) and US Army Corps of
Engineers (USACE). An Alternative Analysis is also required per comments from the CDFW and
Santa Ana Regional Water Quality Control Board (SARWQCB).
Additional Surveys: In response to comments from CDFW, additional biological surveys are
required. This includes first developing a summary of previous surveys, and then conducting a
habitat assessment and report for the Stream Alteration Agreement. Additional consultation
with CDFW is needed to present these previous and additional surveys.
Task 14 - Additional Details to O&M Plan:
Additional effort is required on the O&M Plan to address comments from Orange
County Flood District (OCFD) that includes additional detail and consultation on greater site
security and remote and site operational controls.
SCOPE OF ADDITIONAL WORK:
TASK 10
Task 10 — Construction Documents and O&M Plan Details to Address Comments from County
of Orange on Encroachment Permit
Consultant shall prepare the following additional design drawing sheet details and expanded
special provisions to address the comments received from Orange County based on the 75%
Design to obtain the permit for construction and operation of the trash interceptor. Consultant
shall complete these design sheets and special provisions to include as part of the 90% Design
submittal for review and comment by City. City comments shall be incorporated and revised
drawings and specifications as part of the 100% Design back -check. Comments from City on the
100% back -check shall be incorporated in to the final 100% Design package.
Site Security Detail Sheet and Expanded Performance Special Provisions: Consultant shall
prepare a design detail sheet on the project security measures that include layout and details of
site security lighting, security cameras for the truck access/turnaround, rail system, trash
interceptor and trash booms. Site security details shall also be provided for access gates at
Jamboree Road and into the container drop off and pick up area. This includes location and
type of security for access. Special Provisions shall be expanded to include performance-based
requirements for site security elements that include security lighting, cameras, access gates and
locks.
Site Operational Controls and Alerts Detail Sheet and Expanded Performance Special
Provisions: Consultant shall prepare a design detail sheet on the site operational controls that
include site and remote shut off controls that include controls for the water wheel engagement
to the rake and conveyor, rail winch, and water pump. This includes location and type of
controls and connections to the site power source. The locations and type of system and site
monitoring and alerts shall also be presented. A logic diagram of the operational controls shall
be provided to indicate whether on-site or remote control is provided, alerts and power and
communication connections. Special Provisions shall be expanded that include performance-
based requirements for site operational controls, remote monitoring and system and security
alerts.
Construction Phasing and Staging Design Sheets: Consultant shall prepare a design sheet and
expand the Stormwater Pollution Presentation Plan to show the construction phasing to
address comments from Orange County in up to two additional design plan sheets. The sheet
shall present each phase of the construction and define for each phase the associated grading
and erosion and sediment control.
TASK 11
Task 11- Permit Fees:
Consultant shall pay for the following permit fees for the
applications for the trash interceptor project. Additional permit fees not listed will be paid by
others: County of Orange Encroachment fee application for the design field studies: $1,107.
California Department of Fish and Wildlife (CDFW) Stream Alteration Agreement
application fee: $5,875.80
Santa Ana Regional Water Quality Control Board (SARWQCB) 401 Certification Permit
fee: $2,066
Task 11— Permit Reports and Consultation: Consultant shall prepare the following
reports in response to comments received from resource and regulatory agencies during the
preapplication consultations. Consultant shall prepare a draft of each of these reports for
review and comment by the City of Newport Beach Public Works Department (City.) City
comments shall be incorporated, and the revised reports submitted to the resource agencies as
part of the permit applications. Consultant shall respond to comments on these reports and
provide up to one set of responses and revisions to these reports.
• Habitat Mitigation and Monitoring Plan (HMMP) —Consultant shall prepare the HMMP
for inclusion with the CDFW Stream Alteration Agreement, US Army Corps of Engineers
(USACE) Section 404 of Clean Water Act permit, and the California Coastal Commission
(CCC) Coastal Development Permit (CDP).
• Alternative Analysis: Consultant shall prepare the Alternative Analysis for inclusion in
the permits to the SARWQCB and USACE.
• Essential Fish Habitat Consultation — Consultant shall conduct consultation with the
USACE on Essential Fish Habitat and provide available data and surveys to respond to
comments from USACE. No in -stream surveys are included in this scope.
Task 11— Biological Survey Summary and Habitat Assessment Survey: Consultant
shall compile previous survey data conducted during the CEQA process and summarized the
results to identify the list of potential sensitive species. This summary of previous biological
survey findings is to address comments from CDFW on the Stream Alteration Agreement permit
application. Consultant shall support City in providing responses to CDFW comments and in
additional consultation with CDFW. These additional consultations include developing an
approach to addressing comments from CDFW on additional biological surveys and post
construction maintenance of mitigation areas that are on non -City owned property.
Consultant shall conduct a habitat assessment survey and prepare a technical memo of the
results for submittal to CDFW. The habitat assessment shall identify if habitats are present that
would support the sensitive species identified in previous surveys. If habitats are identified,
then per the CECW document, the mitigation is to conduct pre -construction surveys for
potential sensitive species. No species-specific surveys will be conducted as part of this scope.
TASK 14
Task 14— Operations and Maintenance Plan -Additional Site Security and Operational Details:
Consultant shall prepare sections of the O&M Plan to address requests from OCFD for
additional detail on site security and operational controls to secure the system remotely.
Additional detail shall be provided on securing the floating and land-based systems during high
water storm events.
EXHIBIT B
SCHEDULE OF BILLING RATES
Burns & McDonnell Engineering Company, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR NEWPORT BAY TRASH
WHEEL PROJECT
Amendment No. 1 Cost Summary
Task — Supplementation Work
Total
Description
Task 10 — Additional Design Plan Sheets
and Expanded Special Provisions to
$47,220
Address OC Comments
Task 11 Permit Fee
$9,049
Task 11 Additional Reports to Address
$14,536
Agency Comments
Task 11 Additional Surveys to Address
$9,200
Agency Comments
Task 14 Expanded O&M Plan to Address
$5,760
OC Comments
Total
$85,765
NOT TO EXCEED TOTAL
$550,690
PROFESSIONAL SERVICES AGREEMENT
WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEWPORT BAY TRASH WHEEL PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 24th day of March, 2020 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and BURNS & MCDONNELL ENGINEERING COMPANY, INC., a Missouri Corporation
("Consultant"), whose address is 140 S. State College Boulevard, Suite 100, Brea,
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 professional engineering, design and
construction management services for the City's proposed trash wheel 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 December 31, 2023, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Sixty Four
Thousand Nine Hundred Twenty Five Dollars and 00/100 ($464,925.00), 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.
Burns & McDonnell Engineering Company, Inc. Page 2
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.
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 David Pohl 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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
Burns & McDonnell Engineering Company, Inc. Page 3
competent practitioners of the same discipline under similar circumstances. 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 legally
recognized professional standards.
8.2 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.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
Burns & McDonnell Engineering Company, Inc. Page 4
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Burns & McDonnell Engineering Company, Inc. Page 5
16. SUBCONTRACTING
The subcontractors and subconsultants 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 subcontractors or subconsultants. Nothing in this
Agreement shall create any contractual relationship between City and any subcontractors
or subconsultants 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 subcontractors or subconsultants other than
as otherwise required by law. City is an intended beneficiary of any Work performed by
the subcontractors and subconsultants for purposes of establishing a duty of care
between the subcontractors, subconsultants, 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, subcontractors and subconsultants, 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, subcontractors and subconsultants, in the
course of implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (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
Burns & McDonnell Engineering Company, Inc. Page 6
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
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.
Burns & McDonnell Engineering Company, Inc. Page 7
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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
Burns & McDonnell Engineering Company, Inc. Page 8
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David Pohl
Burns & McDonnell Engineering Company, Inc.
140 S. State College Boulevard, Suite 100
Brea, CA 92821
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Burns & McDonnell Engineering Company, Inc. Page 9
Consultant shall be required to file such claim with the 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 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
29.1 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 or
subconsultant. 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 Consultant 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 Consultant or any subcontractor or subconsultant 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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor,
subcontractor or subconsultant was listed on the bid proposal for the Services that it is
not currently registered and qualified to perform public work. Consultant further warrants
that it is currently registered and qualified to perform "public work" pursuant to California
Burns & McDonnell Engineering Company, Inc. Page 10
Labor Code section 1725.5 or any successor statute thereto and that no contractor,
subcontractor or subconsultant will engage in the performance of the Services unless
currently registered and qualified to perform public work.
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 breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Burns & McDonnell Engineering Company, Inc. Page 11
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor,
subconsultant, employee or applicant for employment because race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, sex,
sexual orientation, 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 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: a3 � l7 • do
By: � �r
A r n C. Harp
Ci Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: z z�
BY: �LzZ�: :�.
Will O'Neill
Mayor
ATTEST: CONSULTANT: Burns & McDonnell
Date: 1/6 Engineering Company, Inc., a Missouri
Corporation
Date:
� r
By. VVI
By: Signed in Counterpart
4Leiani I. Brown Renita M. Mollman
City Clerk Vice President
Date:
in
Stephen Kane
Vice President
[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 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 63- 17•oPo
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: t!i',-1 By:
A r n C. Harp Will O'Neill
CiKy Attorney Mayor
ATTEST: CONSULTANT: Burns & McDonnell
Date: Engineering Company, Inc., a Missouri
Corporation n n
Date:
By: By; (;;:�
Leilani I. Brown naR Stephan L. Nalefski
City Clerk �AEe-pFestdent—Vice President
Date:
By:
Stephen Kane
Vice President
[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 13
BURNS MSDONNELL_
CERTIFICATE. OF ASSISTANT SECRETARY
OF
Bt RNS & McDON ELI. ENWNEERING COMPANY, INC:'.
L Keri I.. Cm0cv. A��Jstant Secretary and keeper of the records and corporate seal of
Burns & -McDonnell t,-n-ineering Compam. Inc. ("the Compam..). a corporation or«anized and
existinLl under the la«s of the State of Missouri. certifi as to the li
EXHIBIT A
SCOPE OF SERVICES
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR NEWPORT
BAY TRASH WHEEL PROJECT
The Consultant shall complete the following the tasks:
1. REVIEW TECHNICAL REPORT & SITE VISIT
The Consultant shall review the Technical Report (Attachment A to the RFP) and
conduct a site visit to assess the site conditions at the location proposed for the Trash
Wheel. The Consultant's project manager, civil design engineer, structural engineer, and
permit lead shall attend the site visit.
2. MEET WITH CLEARWATER MILLS
The Consultant shall coordinate and meet with the Clearwater Mills Trash Wheel
designers ("Clearwater Mills") on the same day as the scheduled site visit to review the
preliminary design and collaborate on the conceptual design (Task 3) of the pilings, trash
conveyance, off -haul, power, monitoring and security systems. The collaboration with
Clearwater Mills shall include detailed discussions of operational experience, best
practices and lessons learned from the existing installations in Baltimore. It is assumed
Clearwater Mills shall attend the site visit and provide the design and operation
information at that time.
3. PREPARE CONCEPT PLAN
The Consultant shall prepare a concept plan of the trash wheel and railway system
based on the concept prepared for the Mitigated Negative Declaration (MND) and
Technical Memorandum as described in the RFP and its attachments. The concept shall
focus on critical issues that include: site layout, site access, truck movement, rail and
winch system, roll -off container movement, tidal impacts to the trash wheel, site grading
and retaining walls, site security, meeting power requirements, irrigation water source,
control and monitoring instrumentation, and screening/aesthetics. The Consultant shall
develop the concept plan to include the design for a pivoting and telescoping gangway,
and for a hopper to positively convey trash from the conveyor into the dumpster
considering expected windy and raining conditions. Clearwater Mills shall provide the
concept plan drawings for the Trash Wheel (floating portion) for inclusion in the concept
design plan set which shall include a plan sheet, elevation/sections, and detail sheets
equivalent to a 20% design level. Clearwater Mills shall provide input on the rail and winch
system, hopper, roll -off container movement, trash wheel, site security, power
requirements, control and monitoring instrumentation to the Consultant. During this
phase, The Consultant shall consult with the City on related issues such as control of free
liquid and waste collection logistics.
Burns & McDonnell Engineering Company, Inc. Page A-1
4. ASSIST STAFF WITH STAKEHOLDER MEETINGS
The Consultant shall assist the City staff at meetings with Orange County Flood
Control District ("OCFCD") and the Irvine Company to discuss the concept plan. With the
help of the Consultant's team member, Clearwater Mills, shall prepare meeting materials
(presentation exhibits and PowerPoint Slides) that include the concept plans showing the
footprint of the project, pilings within the floodway, proposed waste collection, conveyance
and transport. The Consultant shall also provide presentation materials that address likely
permit issues and concerns raised during the MND process. The Consultant shall provide
the City with the meeting presentation materials prior to this meeting for review and input.
The OCFCD (or other agencies) will not require HEC -RAS modeling, or any other
detailed channel modeling.
5. ASSIST STAFF PRESENTATIONS
The Consultant shall attend up to five (5) meetings. The Consultant's project
manager and design engineer shall attend the meetings. Clearwater Mills shall participate
in up to two (2) meetings in Newport Beach and the remaining by conference call with the
City to provide updates on design progress, issues and coordination with the design team.
6. PERFORM SITE TOPOGRAPHIC SURVEYS
The Consultant shall perform site topographic surveys to represent field conditions
and provide horizontal and vertical controls for the project. The Consultant shall contact
Orange County Watersheds to obtain the latest bathymetric information. A licensed
professional land surveyor ("PLS") shall be subcontracted to survey the site, provide
topographic contours and survey shots on key features, and to provide boundary survey
information, benchmarks and project control points. The PLS shall tie in the provided
bathymetry data into a survey base file (AutoCAD 2019) for use in the design.
7. REVIEW GEOTECHNICAL REPORT
The geotechnical report will be prepared by others and is not part of this scope of
work. The Consultant shall review the geotechnical report provided by the City. The
geotechnical consultant will provide a report on the liquefaction loading subject and
parameters for the 30% design and the final geotechnical report based on the
geotechnical field investigation for the 60% design.
8. PREPARE A DETAILED DRAINAGE ANALYSIS
The Consultant shall prepare a drainage analysis for the site with
recommendations for preventing pollutants from entering San Diego Creek. The
Consultant shall consider the water quality storm and larger design storms when
evaluating how fugitive waste or other pollutants may escape the system and wash back
into San Diego Creek. From this evaluation, the Consultant shall design controls in
accordance with the City's drainage standards to minimize or prevent any such pollution
that could result from the project.
Burns & McDonnell Engineering Company, Inc. Page A-2
9. PREPARE DETAILED PILE DESIGN ANALYSES
The Consultant shall prepare a pile design analyses for the Trash Wheel assembly
and associated rail system. The system shall consider short duration, high intensity
storms that coincide with tides at Median Higher High Water ("MHHW") and Median Lower
Low Water ("MLLW"). The Consultant shall provide the structural engineering calculations
for the Trash Wheel guide piles; trash container piles and frame; anchoring system for
trash boom; and retaining walls to support fill and pavement for truck "turn -out." The
Consultant shall design the piles in the slope that supports the stairway access system.
The steel stringers, steps, landings or mid -platforms and railing shall be provided in
design/build format. Clearwater Mills shall coordinate with the Consultant regarding the
design requirements for the trash wheel (floating portion) and regarding the pile design
for the Trash Wheel assembly.
10. PREPARE CONSTRUCTION DOCUMENTS
Based on the approved concept design, the Consultant shall prepare construction
documents (drawings, special provisions and engineer's estimate) and periodically
submit documents to City staff for review and comments (50%, 75%, 95% and Final).
Major project components shall include:
• Site grading and creating a new, paved 14 -foot wide access road, including
a concrete pad for pickup and drop-off of roll -off trash containers and proposed
trail improvements.
• Shore -side unloading facilities including railway and winch system, stairwell
and gangway.
• Clearwater Mills shall provide the design performance requirements of a
Trash Wheel (floating portion of a Trash Wheel equipment) including the floating
platform, water wheel, conveyor belt hopper, and floating booms. Clearwater Mills
shall provide recommendations regarding roll -off container with sled, system
controls, solar panels and battery banks to the Consultant for the design and
construction documents. The interfaces between the Consultant and Clearwater
Mills shall be between the fixed container and the trash wheel conveyor system,
the piles designed by the Consultant (the piles shall have a field -constructed
location tolerance that the Trash Wheel design shall need to allow for), and the
landing of the gangway on the floating deck of the Trash Wheel. The Consultant
shall work with the City to meet standard City contracting requirements that may
include not specifying a specific brand of trash wheel and providing performance
requirements that meet the objectives of a trash wheel device without requiring a
specific type.
• The Consultant shall assume the use of locally available water and the use
of a water truck and operator to provide temporary irrigation. This approach would
accommodate the small footprint of the area of revegetation (estimated to be less
than half an acre) and utilize the newly installed access road and truck turnaround.
The project schedule anticipates construction to be completed in November
Burns & McDonnell Engineering Company, Inc. Page A-3
timeframe right before the raining season. This approach shall be presented in the
permit documents. Should permit negotiation result in a requirement of a designed
temporary irrigation system, upon approval of an amendment to this Agreement,
the Consultant shall complete a design of a temporary irrigation system including
installation of an irrigation line on site with backflow preventer, master irrigation
valve, and flow sensor with telemetry cable.
• The Consultant shall prepare construction documents that include a
landscape plan using native plants that is prepared by a California registered
landscape architect. The native plant palette shall use the biological survey data
completed for the MND (Stantec, 2018) and the Consultant's expertise in re-
establishing coastal sage environments. If required and approved by an
amendment to this Agreement, a Habitat Mitigation and Monitoring Plan ("HMMP"),
shall be provided. This plan may be a permit condition that can also be prepared
prior to construction and therefore not required for the permit application. No off-
site mitigation will be required and the mitigation for the temporary disturbance of
the defined habitat types in the MND shall be addressed through re -vegetation with
native vegetation of all distributed areas on-site (approximately less than half an
acre).
• The Consultant shall include design features to secure the site including
fencing and security cameras. The scope includes the availability of adequate
electrical service on-site for the security system, lighting, and potentially winch
system (if not solar powered by Trash Wheel battery bank). In addition, the
Consultant shall provide the design for the basic security system that includes two
cameras basic remote integration via cellular service provider, fencing, a manually
operated gate, and lighting.
• The Consultant shall evaluate the removal of existing pile remnants at the
project site.
• The Consultant shall work with the City to provide the design interpretive
signage.
11. IDENTIFY, PREPARE, AND PROCESS PERMITS
The Consultant shall provide the technical reports and materials to the City's
Community Development Department for preparation and submittal of the permit
applications. The City will prepare the permit applications and submit the applications for
review by the resource and regulatory agencies. Application filing fees and public noticing
fees, such as printing, mailing, and newspaper ad costs, will be paid directly by the City.
The Consultant shall provide technical support to the City as needed to respond to
comments from agency staff. The Consultant shall provide the technical reports and
materials to the City to prepare the applications and process the following permits:
Letter
US Army Corps of Engineers ("USACE") Section 404 of Clean Water Act,
of Permission, and Section 106 (Cultural)
Regional Water Quality Control Board (Santa Ana Region) 401 Certification
Burns & McDonnell Engineering Company, Inc. Page A-4
• California Department of Fish and Wildlife (CDFW")
The Consultant shall provide the technical reports and materials for the City to
prepare the California Coastal Commission ("CCC") Coastal Development Permit ("CDP")
package for submittal. The Consultant shall provide technical support to the City who will
prepare the public notice, and draft responses to additional information requests from
CCC staff, and draft sections of the CCC Staff Report.
The proposed project is located within submerged tidelands granted by the
California State Lands Commission ("CSLC") to the City of Newport Beach; however, the
CSLC does not have leasing authority for surface structures on lands granted to the City
so it is assumed that no lease with the CSLC shall be required. Preparation of plans or
submittals to comply with "Prior to Issuance Conditions" from the CCC CDP is not
included in this scope of work. The extent of documentation or reporting required shall
depend on regulatory agency discretion. The City prepared a Mitigated Negative
Declaration to comply with the California Environmental Quality Act ("CEQA") so it is
assumed that no additional CEQA analysis shall be required. This scope assumes that
all previous survey reports shall be provided and that no additional focused surveys shall
be necessary. Additionally, implementation of any mitigation requirements are not
included in this scope of work or cost estimate. Development of any building permit
applications or coordination with local agencies regarding building or other ministerial
permits is not included in this scope of work. A Coastal Hazards and Sea Level Rise
Analysis shall not be required. Development of special and additional environmental
studies, mitigation, construction water quality monitoring, or acoustical noise monitoring
plans, if ultimately needed, are not included in this scope of work.
12. PREPARE AND PROCESS TEMPORARY AND PERMANENT EASEMENT
DOCUMENTS
The Consultant shall prepare and process temporary and permanent easement
documents with the Irvine Company, owner of the property containing the creek and creek
bank. This task shall be executed together with our subcontracted PLS.
13. PREPARE AND PROCESS ENCROACHMENT AND EASEMENT DOCUMENTS
FOR THE COUNTY OF ORANGE
The Orange County Flood Control District has an easement from The Irvine
Company to convey flood flows in San Diego Creek. The Consultant shall prepare and
process encroachment and easement documents with the County of Orange for access
along the access road to the construction site, access onto the project site, and access
to the Trash Wheel location in the creek.
14. PREPARE OPERATIONS AND MAINTENANCE PLAN
The Consultant shall prepare an Operation and Maintenance manual for the City's
use in operating the site. Clearwater Mills shall provide operations and maintenance
recommendations specific to the Trash Wheel floating portion for incorporation into an
overall site Operations and Maintenance Manual.
Burns & McDonnell Engineering Company, Inc. Page A-5
EXHIBIT B
SCHEDULE OF BILLING RATES
ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR NEWPORT
BAY TRASH WHEEL PROJECT
Burns & McDonnell Engineering Company, Inc. Page B-1
Total
B\IcD
B\IcD
Project Tasks
Homs
Labor
Expenses
Total Cost
DevelopmentDesign
.00
$
218,255
Task 1 Review Reports/Site Visit
24
$
5,436
$ 1,800
$
7,236
Task 2 Coordination Clearwater Mills
'14
$
3,048
$ -
$
3,048
Task 3 Concept Design
156
$
30,584
$ -
$
30,584
Task 4 Stakeholder Meetings
40
$
9,768
$ -
$
9,768
Task 5 Progress Meetings
38
$
8,756
$ 1,800
$
10,556
Task 6 Topo Survey Coordination
4
$
778
$ -
$
778
Task 7 Geotechnical Invest./Rpt. Coord
4
$
778
$
$
778
Task 8 Drainage Analysis
48
$
8,656
$
$
8,656
Task 9 Pile Design Coord
8
$
1,556
$
$
1,556
Task 10 Construction Documents
771
$ 145,295
$ -
$ 145,295
Permits
172
$
i.
30,304
Task 11 USACE 404 and Section 106
54
$
9,468
$ -
$
9,468
401 Certification
44
$
7,644
$ -
$
7,644
Coastal Development Permit
74
$
13,192
$ -
$
13,192
Task 12 Irvine Company Permanent Easement
6
1,458
$ -
1,458
Task 13 OC Flood Control District Easement
4
$
966
$ -
$
966
•:
Task 14 Operation and Maintenance Manual
44
8,484
$ -
8,484
Optional
01 Upgraded Temporary Irrigation Design (Lynn Capouya)
8
$
1,744
$
$
1,744
Burns & McDonnell Engineering Company, Inc. Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Burns & McDonnell Engineering Company, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees 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, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Burns & McDonnell Engineering Company, Inc. Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
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.
Burns & McDonnell Engineering Company, Inc. Page C-3
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, 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
judgment may be necessary for its proper protection and prosecution of the
Work.
Burns & McDonnell Engineering Company, Inc. Page C-4
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