19-0521_WOOD ENVIRONMENT & INFRASTRUCTURE, SOLUTIONS INC._Amd No. 4 to Professional Services Agreement AMENDMENT NO. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
WOOD ENVIRONMENT& INFRASTRUCTURE SOLUTIONS, INC.
1. Parties and Date.
This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this
twenty first day of May, 2019, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 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 (Consultant). City and Consultant are
sometimes individually referred to as "Party"and collectively as"Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"Professional Services Agreement for Environmental and Storm Water Quality Compliance
Services" dated December 1, 2015 ("Agreement") for the purpose of retaining the services of
Consultant to provide Environmental and Stormwater Quality Compliance Services.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
allow the Consultant to continue to provide as needed environmental consulting services related to
stormwater compliance as well any unanticipated environmental consulting services that are required
by Federal or State law.
2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Sections 3,
Additional Work, and 23, Entire Agreement, of the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
1
Page 1 of 4
61147.02100\32199392.1
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. The total compensation shall not exceed the aggregate available funding amount in the City's
Operating and Capital Improvement Budget and if authorized, will be compensated at the
rates and manner set forth in this Agreement.
c. Consultant shall submit to City a monthly itemized statement which indicates work
completed and hours of services rendered by Consultant. The statement shall describe the
amount of services provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
d. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless
authorized in writing by City.
3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
5. Time of Performance
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").
The term of this Agreement shall commence on January 1, 2016 and shall expire on June 30,
2021. Consultant shall complete the services required hereunder within the term of this
Agreement. The Notice to Proceed shall set forth the date of commencement of work.
3.3 Amendment. Exhibit B of the Agreement is hereby deleted and replaced with the
Exhibit B attached to this Amendment No. 4 and incorporated herein by this reference.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by
Amendment No. 1, Amendment No.2, Amendment No. 3 and this Amendment No. 4.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 4.
3.6 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
2
Page 2 of 4
61147.02100132199392.1
,
SIGNATURE PAGE FOR AMENDMENT NO. 4
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND WOOD ENVIRONMENT&INFRASTRUCTURE SOLUTIONS, INC.
CITY OF SAN JUAN CAPISTRANO WOOD ENVIRONMENT
Approved By: INFRASTRUCTURE SOLUTIONS,INC.
� . � r'
Benj Si , C' Manager Signature
Theodore W. Von Bitner
'7' //(7 Representative
Date .
_. Project Manager
Attested By: ' • Title
A May 14, 2019 ,
Ma ' orris, Ci Clerk Date
Approved As To Form: , . •
City Attorney
3
Page 3 of 4 .
61147.02100132199392.1
Exhibit B
Hourly Rate Schedule
Wood Environment&Infrastructure Solutions,Inc.
City of San Juan Capistrano
Rates for Environmental and Engineering Program Services
PROFESSIONAL SERVICES
CLIENT agrees to reimburse Wood for all hours worked by professionals at the following classifications and
associated hourly labor rates. For expert witness testimony and related services in connection with litigation,
CLIENT agrees to reimburse Wood for all hours worked by professionals at the following classifications,but at
one and one half times the associated hourly labor rates.
CONTRACT ROLE RATE/HOUR
Senior Principal Engineer/Scientist $240
Senior Associate Project Manager Engineer/Scientist $210
Associate Project Manager/Engineer/Scientist $180
Senior 2/Engineer/ Scientist $160
Senior 1/Engineer/Scientist $155
Staff 3 Engineer/Scientist $130
Staff 2 Engineer/Scientist $120
Staff 1 Engineer/Scientist $110
Senior Technician* $110
Field Technician* $90
Senior Project Controller/Coordinator $150
Project Support/Coordinator* $90
Technical Writer $110
OTHER DIRECT EXPENSES:CLIENT agrees to reimburse Wood for all other direct expenses incurred at
the following rates,except as otherwise specified by Wood in its proposal:
Direct Expenses:Other expenses in support of project activities Cost
4
Page 4 of 4
61147.02100\32199392.1