19-0702_WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC._Professional Services Agreement (AZ Crossisng - CIP 20202) 7
CITY OF SAN'JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of July 2, 2019 by and between the City of
San Juan Capistrano, a public agency organized and operating under the laws of the State of
California with its principal place ofbusiness at 32400 Paseo Adelanto, San Juan Capistrano,
CA 92675 ("City"), and Wood 'Environment & Infrastructure Solutions, Inc., a Nevada
corporation, with its principal place of business at 1105 Lakewood Parkway, Suite 300
Alpharetta, Georgia 30004 (hereinafter referred to as "Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
San Juan Creek Arizona Crossing Removal Project (CIP 20202)
(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such.
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
• 1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A." for the San Juan Creek Arizona Crossing Removal Project (CIP
20202)
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $62,150. This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work.
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If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term •
The term of this Agreement shall be from July 2, 2019 to January 2, 2022 unless earlier
terminated as provided herein. The Parties may, by mutual, written consent, extend the term of
this Agreement if necessary to complete the Project. Consultant shall perform its services in a
prompt and timely manner within the term of this Agreement and shall commence performance
upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to
Proceed shall set forth the date of commencement of work. Consultant shall perform its
services in a prompt and timely manner and shall commence performance upon receipt of
written notice from the City to proceed ("Notice to Proceed").
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are•not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances 'occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
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8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or.agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant,shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and, maintain, /during the
performanceof all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. •
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
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(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 1;0 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and ,
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California.and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of" the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate.
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii)" Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits,,or other requirement, or a waiver of
any coverage normally provided by any insurance. ,Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required -
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
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Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
• the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained,by the City or any named insureds
shall,not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications 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 and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the,limits of liability.
Further thelimits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifvinq Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum'requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements; Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 ori an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel of City's choosing), indemnify and hold the City, its officials, officers,, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants oragents in connection with the performance of the Consultant's
services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney's fees and other related costs and. expenses. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless
arises out of Consultant's performance of"design professional" services (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by-Civil Code section
2782.8, which is fully incorporated, herein, Consultant's indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability far such claim, including the cost to defend, shall not
1 exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects
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("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
' upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section '1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and
debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable"public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants,' as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5
and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant
to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Consultant or any
subcontractor that affect Consultant's performance of services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action'is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall,pay Consultant the reasonable value
of services rendered for.any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable_ value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings . and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Theodore W. Von Bitner as Project Manager. The Project
Manager shall not be removed from the Project or reassigned without the prior written consent
of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this,Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano Wood Environment & Infrastructure Solutions,
32400 Paseo Adelanto Inc.
San Juan Capistrano, CA 92675 1105 Lakewood Parkway, Suite 300
Attn: Joe Parco, City Engineer, Public Works Alpharetta, Georgia 30004
Attn: Theodore W. Von Bitner
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and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give,any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral' or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
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City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach orwiolation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or.her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated:material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
.ti
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS,INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO WOOD ENVIRONMENT& INFRASTRUCTURE
SOLUTIONS, INC.
By: By:
nj7 Si gel, City Manager
Atljtj Its: Senior Associate Project Manager
Printed Name:Theodore W. Von Bitner
ATTEST:
By: CO\ �:..: z2 'orCler
APPROVED AS TO FORM:
By:
ity A torney
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EXHIBIT A
Scope of Services
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Updated March 2019
wood.
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June 20, 2019
Joe Parco, City Engineer
Public Works and Utilities Department
City of San Juan Capistrano
San Juan Capistrano, CA 92675
Subject: REVISED Scope of Services for Rancho Mission Viejo Riding Park at San Juan
Capistrano Arizona Crossing Removal Construction Plan Set and CEQA and
Regulatory Permitting
Dear Joe,
Wood Environment& Infrastructure Solutions, Inc. (Wood)is pleased to present this proposal for
revised professional services in support of the stream bank stabilization project in San Juan Creek
adjacent to the Rancho Mission Viejo Riding Park at San Juan Capistrano (Riding Park) in San
Juan Capistrano, California. Wood proposes professional engineering services for the
development of plans and specifications and environmental documentation compliant with CEQA
and provide assistance with the permitting processes required Section 404 and Section 401 of
the Clean Water Act (CWA) and Section 1600 of the California Department of Fish and Game
Code.
Wood developed the scope of services in this proposal in accordance with the Consent Decree
terms and conditions. This scope of services focuses on the removal and re-vegetation of the
existing Arizona crossing and impacted area in accordance with the Consent Decree.
In order to avoid concerns related to segmenting under CEQA, Wood has been directed to
manage these three elements as one capital improvement project rather than three separate
projects. As such, additional work must be completed in order to have the necessary permits
ready by the August 13,2019 deadline described in the Consent Decree
This scope of services details the scope of work, budget, and schedule for the development of
the plans and specifications and includes the remaining effort for the 60% construction package
and planting and irrigation design plans, which were started under the limited scope approved on
May 16, 2019. If the amount of effort is different than what is detailed in the following documents.
Wood reserves the right to request additional services and not proceed with any potential out of
scope work.
Wood Environment&Infrastructure Solutions,Inc.
9177 Sky Park Court•San Diego,CA 92123-4341 USA
Tel.+1:858.278.3600•Fax:+1 858.278,5300
woods
Scope of Work:
Task 1 —Project Coordination
Project coordination for the preparation of the plans and specifications includes the following
tasks:
• Coordination with the City of San Juan Capistrano (City of SJC) including 7 in-person
meetings and progress updates and weekly and bi-weekly conference calls for 18 weeks;
• CEQA coordination including preparation of engineering documents and information
necessary for the permit applications and CEQA document. The information needed for
the draft CEQA document and permits will be based on the 60% design. The subsequent
design packages will be made available to the agencies;
• Restoration design coordination including one investigative site visit and one site visit with
the associated resource agencies.
Task 1 Deliverables:Meeting notes and action items, in email format, for the in-person meetings
and the engineering-related weekly conference calls.
Task 2—90% Plans and Specifications Preparation and Submittal
The 90% plans and specifications will include the include the following items:
• Plan Set—
Title Sheets, Construction Phasing Outline, Grading Plan, Cross Sections and Planting
and Irrigation plans, Erosion Control Sheets(3—4 sheets at 1:20 scale)
• Water Quality Management Checklists
• Specifications— -
To be included in the City of SJC Specification Template
• Engineer's Estimate of Construction Cost—
+/-20%
• Stormwater Pollution Prevention Plan (SWPPP)
• Comment Response Matrix—
Excel spreadsheet
Task 2.1 —Plan Set
One meeting will be held with, both the City of SJC and Orange County Coastkeeper (OCCK)
following their reviews of the 60% submittal package to discuss comments. Only one set of
comments is assumed from each stakeholder. Wood will address the comments during the
preparation of the 90% plan set and a comment response matrix will be provided as part of the •
90% submittal. Erosion control sheets will be added into the 90% plan set. These sheets will
provide construction BMPs for disturbed- areas during construction, as well as planned
construction access and staging areas.
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Task 2.2—Specifications
Project specifications will refer to the Standard Specifications for Public Works Construction(2018
Greenbook)and Caltrans Standard Specifications 2018. If necessary, additional guidance will be
prepared to be included in City of SJC Specifications template. The amount of effort is unknown
at this time and assumptions on the number of hours is detailed in the cost estimate in Attachment
B.
Task 2.3—Engineer's Estimate of Construction Cost
An estimate of construction cost(+/-20%)will be developed for the construction of the project
based on the best available data at the time of development. If available, current bid item history
from the City of SJC would be beneficial. Maintenance and monitoring costs for the first 5 years
will be included for the planting and irrigation plan. Each bid item will be one line item and the
unit of measure, unit of cost, associated specification section and total cost will be specified.
Task 2.4—SWPPP
Preparation of a Storm Water Pollution Prevention Plan (SWPPP) per the current Construction
General Permit requirements for the total project area within the identified construction limits.
Task 2.5—QA/QC Review&90% Submittal
An internal QA/QC review will be completed. Comments will be addressed internally, and the' I
plans prepared for submittal to the City of SJC for review.
Task 2 Deliverables:Electronic versions, PDF format, of the 90%plan set, Engineer's Estimate
of Construction Cost, specifications, the SWPPP and the comment response matrix.
Task 3— 100%Plans and Specifications Preparation and Submittal
The 100% plans and specifications will include the same items as for the 90% submittal, except
the range of the Engineer's Estimate of Construction Cost will be decreased to+l- 10%.
Task 3.1 —Plan Set, Specifications, Engineer's Estimate of Construction Cost and the SWPPP
One meeting will be held with the City of SJC after their review of the 90% submittal package to
discuss comments. One set of comments is assumed. Comments will be addressed during the '
preparation of the 100% plan set and a comment response matrix will be provided as part of the
100% submittal. The engineer's estimate of construction cost will be updated to decrease the
potential range to+/- 10%.
Task 3.2—QA/QC Review& 100% Submittal
An internal QA/QC review will be completed. Comments will be addressed internally, and the
plans prepared for submittal to the City of SJC.
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Task 3 Deliverables:Electronic versions, PDF format, of the 100%plan set, Engineer's Estimate
of Construction Cost, specifications, the SWPPP and the comment response matrix.
Task 4—Final Plans and Specifications Preparation and Submittal
•The final plans and specifications will include the same items as for the 100% submittal. These
plans will be labeled as "ISSUED FOR CONSTRUCTION"and signed by the engineer of record.
Task 4.1 —Plan Set, Specifications, Engineer's Estimate of Construction Cost and the SWPPP
One meeting will be held with the City of SJC after their review of the 100% submittal package to
discuss any comments. The comments will be addressed during the preparation of the Final plan
set and a comment response matrix will be provided as part of,the Final submittal.
, Task 4:2—QA/QC Review& Final Submittal
An internal QA/QC review will be completed. Comments will be addressed internally, and the
plans prepared for submittal to the City.of SJC.
Task 4 Deliverables:Electronic versions, PDF format, of the Final plans(including the AutoCAD
drawings), Engineer's Estimate of Construction Cost, specifications (word format as well), the
SWPPP and the comment response matrix.
Task 5—CEQA Compliant Environmental Documentation
The' CEQA Compliant Environmental Documentation was started under a previous,task order
approved on January 24,2019.The following tasks includes the remaining effort for CEQA related
efforts.
Based on our meeting with the City on November 7, 2018 and subsequent,communication with
Best Best&Krieger(BBK)on December 12, 2018, we understand that the City intends to pursue
the preparation of an Initial Study/ Mitigated Negative Declaration (IS/MND) in order to comply
with CEQA.
Subtask 5.1 Public Draft Initial Study/Mitigated Negative Declaration
Wood will incorporate one (1) round of consolidated comments tothe First and Second
Administrative Draft IS — provided by City staff in MS Word format with tracked changes — and
will prepare a screencheck Public Draft IS/ND for City staff and legal counsel approval. Following
approval of the screencheck, Wood will finalize the Public Draft IS/ND for publication, distribution,
and noticing.
Task 5.1 Deliverables:Electronic files and PDF format
Subtask 5.2 Public Circulation and Noticing
CEQA Section 15205(d) requires a 30-calendar-day review period for CEQA documents
submitted to the California State Clearinghouse (SCH). Under this task, Wood will prepare a
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Notice of Completion (NOC) and will circulate the environmental document for public review
through the SCH (including delivery of 15 summary forms and 15 CDs of the Public Draft IS/MND •
and technical appendices). Wood will work with City staff to develop a public notice and will
circulate up to 100 electronic copies of the Public Draft IS/MND, including appendices, to a list of
interested agencies, non-governmental organizations, and interested members of the public to be
provided by the City. Wood will also prepare and publish a Notice of Availability (NOA) in the
weekend edit of the local newspaper(e.g, The Capistrano Dispatch).Wood will provide up to five
(5) hardcopies and five (5)electronic copies of the Public Draft IS/MND.
Task 5.2 Deliverables:5 hard copies and•5 electronic copies.
Subtask 5.3 Response to Comments and Final Initial Study/Negative Declaration
Following the close of the public comment period, Wood will prepare responses to comments
received on the Public Draft IS/MND. Wood assumes that up to 50 discrete comments on the
Public Draft IS/MND will require individual responses. Wood will work with City staff to incorporate
minor clarifying revisions to the Public Draft IS/MND, as necessary, and will prepare a Draft Final
IS/MND for City staff review. Wood will incorporate one (1) round of consolidated comments to
the Draft Final IS/MND — provided by City staff in MS Word format with tracked changes— and
will prepare a Final IS/ND for City staff approval. Wood will provide up to five (5) hardcopies and
five (5) electronic copies of the Final IS/MND.
Task 5.3 Deliverables: 5 hard copies and 5 electronic copies.
Task 6--Regulatory Agency Permitting
The regulatory agency permitting was started under a previous task order approved on January
24,2019. Federal,state, and local wetlands permits may be required based on project alignment,
construction methods, known resources, and structures present. Permit applications and
approvals will run concurrently with the CEQA process.
Initial steps in the permitting process include setting up pre-application meetings with potential
regulatory agencies and presenting the proposed project design details and minimization
measures proposed. This scope includes preparation of materials and attending one pre-
application Meeting. Potential permitting needs including the following:
• • U.S. Army Corps of Engineers (USACE) permits the deposition of fill material into
jurisdictional waters under Section 404 of the Clean Water Act. This scope includes
the continued preparation of a Section 404 permit under Nationwide Permit 13 for
streambank stabilization and Nationwide Permit 27 for habitat restoration.
• CDFW permits alterations to streams and riparian communities under the Section
1602 of the CDFG. This scope includes the continued preparation and submittal of a
Section 1602 application.
• , The Regional Water Quality Control Board (RWQCB) would provide Section 401
Water Quality Certification should a Section 404 permit be necessary. This scope
includes the continued preparation and submittal of a Section 401 application.
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Permit fees are required for RWQCB,based on'impact area,and CDFW, based on cost of project,
and are not included in this scope. Applications will be made available for review and signature
by City officials in draft form prior to submittal to the agencies.
Task 7—Project Management
This task includes time for management of this project under the current contract, providing on
going project support, preparing monthly invoices and preparing monthly progress reports. The
progress reports will be submitted with the invoice and will summarize the progress made for the
current billing period and the anticipated progress for the next billing.
Limitations
All services not expressly included, are excluded from Wood's Scope of Services. Wood will
provide the services described herein using commercially reasonable best efforts consistent with
the level and skill ordinarily exercised by members of the profession currently practicing under
similar conditions. The quality of information, conclusions, and estimates contained herein is
consistent with the level of effort involved in Wood's services and based on: i) information
available at the time of proposal preparation, ii) data supplied by outside sources, and iii) the
assumptions, conditions, and qualifications set forth in this proposal.
Task 7—Additional Drafts
IIG
This task includes time for 60% plans and specifications response to comments and additional
drafts which may be requested from environmental agencies for the 90% and 100% plan
submittals. This task assumes two additional drafts per submittal to Orange County Coast Keeper
(OCCK) and to any applicable agencies.
Assumptions and Exclusions
• This scope of work does not include any construction or bidding support:
• Plans will be prepared under the responsible charge of a California licensed civil engineer;
• CAD drawings will conform to the applicable City of SJC'specifications and standard(s);
• Level of effort to complete the above tasks are identified in the associated cost estimate
spreadsheet in Attachment B;
• Existing site survey data is adequate for design purposes. Should a new survey be
necessary,Wood will advise the client and obtain authorization for completing the survey.
A scope and budget amendment may be necessary to complete this additional task;
• The project will not be considered a, "High Priority" project per the National Pollutant
Discharge Permit Elimination Systems (NPDES) Permit R9-2015-0100 and a Water
Quality Management Plan (WQMP)will not be required;
• An evaluation of the depth to shallow groundwater will be attempted with existing data. If
the existing data is not adequate, Wood will advise the client and obtain authorization for
completing a Depth to Groundwater Study. A scope and budget amendment may be
necessary to complete this additional task;
• The Risk Level assumed in this scope of work is based on the estimated construction
length. If the actual construction length is different and the Risk Level changes, a scope
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and budget amendment may be necessary to complete this additional task associated
with an increase in Risk Level;
• Non-prevailing wage rates are assumed for all work;
• Travel time to the project site is based upon trip origination at the Wood Costa Mesa, San
Diego and LA offices;
• All fees associated with permitting will be paid by the Client; and
• Review comments will be provided to Wood within the time frame stated within Attachment
A of this proposal.
• Approval of this scope of services by the City authorizes Wood to transfer budgets
between tasks in response to changes in project priorities or changes in technical
approach as directed by the City with the total amount of the scope of services not to
exceed the amount listed in 'Attachment B, Table 1. Any additional considered out-of-
scope will be discussed with the City prior to Wood beginning work.
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Key personnel for these tasks are:
Technical Lead: Keri Gannon, P.E., (858) 514-6417, keri.gannon@woodplc.com
Assistant Project Manager: Matt Rich, (858)514-6478, matt.rich@woodplc.com
Project Manager: Ted VonBitner, Ph.D., (858)514-7741,theodore.vonbitner@woodplc.com
Wood will complete this work on a time and materials basis according to contracted hourly labor
rates, not to exceed $56,485, shown in Attachment B. Wood began these services concurrently
with preparation of the scope and fee. Wood requests that the fully executed agreement has a
project start date of July 2, 2019. The schedule for these services shown in Attachment A
assumes a project start date of July 2, 2019 and the receipt of an NTP no later than July 3, 2019.
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Please do not hesitate to contact us if you have any questions.We appreciate the opportunity to
work with you on this project and we look forward to seeing it through completion.
Sincerely,
Wood Environment&Infrastructure Solutions, Inc.
If.
Keri Gannon, P.E., C68877 (CA) Ted VonBitner, Ph.D.,
Technical Lead Project Manager
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
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Updated March 2019
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ATTACHMENT A - SCHEDULE
This scope of work can be completed per,the schedule in Table 2.
The proposed schedule is contingent upon Wood receiving a fully executed NTP dated July 2,
2019 for this scope of services and the timely review of the submittal packages by the involved
agencies per the attached detailed schedule. The City has been allotted 2 weeks for review of
each plan and specification submittal.
TABLE 2: Project Schedule
Tasksr' DescilptlonI -7 7'
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Scope of work completion estimated
Task 1 Project Coordination
to be December 2020.
90%Plans and Specifications to City 9/2/2019
90% Plans and Specifications to Orange
Task 2 9/17/2019
County Coast Keeper(OCCK)
90% Plans and Specifications to Agencies 9/27/2019
100% Plans and Specifications to City 10114/2019
Task 3 100% Plans and Specifications to OCCK 10/28/2019
100% Plans and Specifications to Agencies 11/04/2019
Task 4 Final Plans and Specifications to City 11/08/2019
CEQA Compliant Environmental Documentation
First Admin Draft IS/MND to OCCK 7/15/2019
First Admin Draft IS/MND to Agencies 8/13/2019
Second Admin Draft IS/MND to City 8/30/2019
Task 5 Second Admin Draft IS/MND to OCCK j 9/16/2019
Second Admin Draft IS/MND to Agencies 9/30/2019
Public Draft for Public Review 11/15/2019
Draft Final IS/MND to City 1/10/2020
Final IS/MND to City 1/24/2020
Regulatory Agency Permitting
CWA 401/404, and 1600 permits to the City 7/3/2019
Task 6 CWA 401/404, and 1600 permits to the OCCK 7/15/2019
CWA 401/404, and 1600 permits to the
8/13/2019
Agencies
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Scope of work completion estimated to
Task 7 Project Management
be December 2020.
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ATTACHMENT B - FEE ESTIMATE
A further breakdown of the costs is provided in the attached cost estimate. Specific assumptions
of the number of hours for certain tasks, such as meetings and conference calls, are noted in the
cost estimate.
TABLE 1: Cost Breakdown
:t`for
-.-TasksDescription` ' *karts!'._
.ss._ 'r;._.__. ---:...__..__ _ •Crossing.
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I Task 1 Project Coordination $ 11,612
, Task 2 90% Plans and Specifications $8,499
Task 3 100% Plans and Specifications $3,996 .
Task 4 Final Plans and Specifications $2,376
Task 5 CEQA Compliant Environmental $7,201
Documentation
Task 6 Regulatory Agency Permitting, $3,967
Task 7 Project Management(Crossing and $ 12,801
CEQA)
60% Plans and Specifications
Task 8 Response to Comments and Additional $6,033
Drafts
Total Sum All Tasks $56,485
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