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19-0702_WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC._Agenda Report_E97t2t20',9 E9 TO City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council fr*¡^ in Siegel, City Manager Steve May, Public Works and Utilities Director Joe Parco, City Engineer July 2,2019 ,/øtt e Professional Services Agreement for Design and Environmental Services for the San Juan Creek Arizona Crossing Removal Project (ClP 20202) and the San Juan Creek Stream Bank Restoration Project (ClP 20203) (Wood Environment & lnfrastructure Solutions lnc.) FROM SUBMITTED BY PREPARED BY DATE SUBJECT RECOMMENDATION 1. Waive the formal request-for-proposal process pursuant to Municipal Code Section 3- 4.306 (eX3) for professional services required for the San Juan Creek Arizona Crossing Removal Project (ClP 20202) and the San Juan Creek Stream Bank Restoration Project (ClP 20203); and, 2. Approve and authorize the City Manager to execute a Professional Services Agreement with Wood Environment & lnfrastructure Solutions lnc. to perform design services and prepare environmentaldocuments, specifications, and cost estimates for the Arizona Crossing Removal Project for an amount not to exceed $62,150, which includes a 1Oo/o contingency; and, 3. Approve and authorize the City Manager to execute a Professional Services Agreement with Wood Environment & lnfrastructure Solutions lnc. to perform design services and prepare environmental documents, specifications, and cost estimates for the Stream Bank Restoration Project for an amount not to exceed $161,850, which includes a 10% contingency. EXECUTIVE SUMMARY The City's Capital lmprovement Program (ClP) budgetfor FiscalYear 2019-2020 includes funding related to the design, environmental, and project management services for the Arizona Crossing Removal and the Stream Bank Restoration Projects on San Juan creek City Council Agenda Report July 2,2019 Page 2 of 4 near the City's Eastern Open Space property. The locations of both projects are shown on the attached Location Map (Attachment 1). Pursuant to the consent decree in the Coastkeeper litigation, the City is required to meet certain project milestones. ln order to ensure these milestones and timelines are met, the expertise and background of Wood Environment & lnfrastructure Solutions lnc. (Wood) is required. DISCUSSION/ANALYSIS The Stream Bank Restoration project will remove and recompact approximately 1,200 linear feet of poorly compacted fill soils that make up the San Juan Creek slope directly adjacent to the Riding Park. The new slope will be rebuilt with erosion protection measures in the form of large stone (rip-rap). The newly constructed slope will also support the planting of trees and other vegetation. The Arizona Crossing Removal Project will consist of the complete removal of the existing creek-bottom pathway (Arizona Crossing) that crosses San Juan Creek near the southerly end of the Riding Park. Due to recent large storm events, the Arizona Crossing is no longer passable. The work entails the removal of all miscellaneous debris from the Arizona Crossing, which includes soil, concrete, large boulders, and metal culverts. After the removals, a small amount of fill will be placed at the creek bottom to match the adjacent creek elevations. As part of the settlement agreement, the following project milestones and dates must be met by the City: Table of Milestone Dates ln order to meet these milestones and dates, the specialty services of Wood Environment & lnfrastructure Solutions lnc. (Wood) is required. Wood possesses the technical expertise required for the design of both projects. Wood also possesses environmental and stormwater expertise necessary for the processing of the environmental documents and resource agency permits required for construction of the projects. Wood previously Consent Decree Milestone Completion Date City will prepare and submit documents necessary to obtain all legally required approvals for implementing the construction of the CIP projects:. CA RegionalWater Quality Control Board 401 Certification. CA Dept. Fish & Wildlife Streambed Alteration Agreement. US Army Corps of Engineers 404 Permito CEQA and/or NEPA August 13,2019 Grade the area between the stables and San Juan Creek to reduce run-off to San Juan Creek in the event of a storm of less than a 25-vear,24 hour storm December 1,2020 Finish Construction of the Stream Bank Restoration Project and the Arizona Crossing Removal Project 18 Months after receipt of required resource agency permits (anticipated permit receipt date Februarv 2020) City Council Agenda Report July 2,2019 Page 3 of 4 assisted the City during the litigation process and has a thorough understanding of the requirements of the resulting consent decree. ln order to meet the schedule imposed by the consent decree, it is recommended that the formal request for proposal process be waived pursuant to Municipal Code Section 3-4.306 (eX3), and that the City Council approve the agreements between the City and Wood for the required design and environmental services. FISCAL IMPACT: The total current budget for the design phase for both the Arizona Crossing Removal Project and the Stream Bank Restoration Project is $324,000. The planned project expenditures for the design phase for both projects will be within this budget amount as outlined in the tables below: Table of B et&nditures - Arizona Crossin Removal P ect Table of B &itures - Stream Bank Restoration Pro ENVIRONMENTAL IMPACT ln accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from CEQA per Section 15061(bX3), which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Professional Services Agreements with Wood Environment & lnfrastructure Solutions lnc. to perform design services for the Arizona Crossing Removal Project and the Stream Bank Restoration Project would not be an activity with potential to cause significant effect on the environment and is therefore exempt from CEQA. The design services include preparation of environmental analysis and documents for the future construction. Item Amount $129,000Project Management & Design Budget Desiqn & Environmental Services Contract ($ 56,485) 10% Continqencv ($ 5,64e) Contract Ad m i n istration ($ 6,000) Remaininq Proiect Manaqement & Desiqn Budqet $ 60,866 AmountItem $195,000Project Management & Design Budget ($147,119)Design & Environmental Services Contract 10% Continqencv ($ 14,712\ Contract Ad m in istration ($ 14,000) $ 19,169Remaining Project Management & Design Budget City Council Agenda Report July 2, 2019 Page 4 of 4 PRIOR CITY COUNCIL REVIEW Not applicable COMM ISSION/COMM ITTEE/BOARD EW AND RECOMMENDATIONS: This item does not require commission, committee, or board review NOTIFICATION: Ted Von Bitner, Wood Environmental and Solutions, lnc. Blenheim Facilities Management LLC ATTACHMENTS: Attachment 1 - Location Map Attachmenl2 - Professional Services Agreement (Wood Environment & Infrastrueture Solutions lnc.) San Juan Creek Arizona Crossing Removal Project (ClP 20202) Attachment 3 - Professional Services Agreement (Wood Environment & lnfrastructure Solutions lnc.) San Juan Creek Stream Bank Restoration Project (ClP 20203) Location Map San Juan Creek Stream ank Restoration Proiect ç t;læsan Vnp N+c !v Rdng Park I¡ Rea{a Park \t \t a .:'. '' / ORANGE COUNTY I Park': \ t.t,:la: I ¡ \ ç "'t,\ a ¡,\' '¡'¡''\ 't.t \t tt- .) , t ." ':'t 'k La Stream Bank Restoration Attachment L, Page L of 2 C.r Location Map n Juan Creek Arízona l- rncci c Elamnrrrl P l¿¡¡i (1 tP 20202\ Arizona Crossing Removal E cho |,ltsaon Vteja N +W Ritlury Park I I Reata Park k I \t II a,1, : a ORANGE COUNTY ":/,' , Co Four 0aås Park ,., : te t ,, k ç .': a ., I r., kLa a Attachment 1-, Page 2 of 2 CITY OF SAN JUAN CAPISTRANO PROFESS¡ONAL 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 of business at3240O Paseo Adelanto, San Juan Capistrano, CA 92675 ('City"), and Wood Environment & lnfrastructure Solutions lnc. a 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 (ClP 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 (ClP 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 "8." b. ln 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. Addition 1 6t | 41 .02100\1097 4177.3 Updated March 2019 alWork. Attachment 2, Page 1 of 24 lf 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 CaI/OSHA requirements. b. lf required, Consultant shall assist the City, as requested, in obtaining and maintaining all perrnits required of Consultant by federal, state and local regulatory agencies. 6 t t 4'7 .02 100\t 097 47 77 .3 Updated March 201 9 2 Attachment 2, Page 2 of 24 c. lf 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. 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. Assiqnment 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. lndependentContractor 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. lnsurance. 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. ln 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 Liabilitv (i) The Consultant shall take out and maintain, during the performance of allwork under this Agreement, in amounts not less than specified herein, Commercial General Liability lnsurance, 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) lnsurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (i¡¡) Commercial General Liability lnsurance must include coverage for the following Bodily lnjury and Property Damage 3 6 I l4?.02100\r0914777.3 Updated March 2019 (1) Attachment 2, Page 3 of 24 (2) Personallnjury/Advertisinglnjury(3) Premises/Operations Liability(4) Products/CompletedOperationsLiability(5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted(7) Contractual Liability with respect to this Agreement (8) Property Damage(9) lndependentConsultantsCoverage (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 10 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 Liabilitv ,i) ^, "t *es during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability lnsurance 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. (i¡) Coverage for automobile liability insurance shall be at least as broad as lnsurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (¡ii) 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/Emplover's Liabilitv (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. 4 6l 147.02100\109747't7.3 Updated March 201 9 Attachment 2, Page 4 of 24 (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 lnsurance Act," Division lV of the Labor Code of the State of California and any acts amendatory thereof, and Employe/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. d. Professional Liabilitv (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 Policv Limits Required (i) The following insurance limits are required for the Agreement: Combined Sinole Limit Commercial General Liability Automobile Liability Employer's Liability Professional Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage $1,000,000 combined single limit $1,000,000 per accident or disease $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (ii¡) 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 lnsured pursuant to this Agreement. f. Evidence Reouired 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 5 6 t t 47 .021 00\1 097 47't 7 3 Updated March 201 9 Attachment 2, Page 5 of 24 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 lnsurance (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. Policv 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 Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. lf 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 lnsured 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. (¡¡i) The reti-oactive 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 the limits 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. Qualifuinq lnsurers 6 I I 4'7 .02t00\1097 4777.3 Updated March 201 9 6 Attachmenl2, Page 6 of 24 (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:Vll 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 lnsurance Code or any federal law. i. Additional lnsurance Provisions nts 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 indemnifìcation. (ii) lf 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. ln 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 lnsurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract untilthey 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 0413 or an endorsement providing the exact same coverage. lf requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. lndemnification. 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 or agents in connection with the performance of the Consultant's services, the Project 7 6t t 47 .02100\1097 47 77 .3 Updated March 201 9 Attachment 2, Page 7 of 24 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. lf 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 section2782.8, 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 for such claim, including the cost to defend, shall not 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 ("Prevailing Wage Laws"). lf 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. lt 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. lf 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 lndustrial 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 1771.1shall 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 lndustrial Relations. lt shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of lndustrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole 61147.02100\10974117.3 I updated March 20le Attachment 2, Page 8 of 24 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 lndustrial Relations against Consultant or any subcontractor. 14. Verification of Emplovment Eliqibilitv. 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 lmmigration 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. lf 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. 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. ln 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. lf 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 originalfield 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. Oroanization 6t 147 02100\10974777 .3 I Updated March 201 9 Attachment 2, Page I of 24 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 Aqreement 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, postagp prepaid, addressed to: CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Joe Parco, City Engineer, Public Works CONSULTANT: Wood Environment & lnfrastructure Solutions lnc. 1 105 Lakewood Parkway, Suite 300 Alpharetta, Georgia 30004 Theodore W. Von Bitner and shall be effective upon receipt thereof 22. Third Partv Rishts Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. EqualOpportunitvEmplovment. 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 6tt4i o2roo\10974ii7.3 1 o Updated March 201 9 Attachment 2, Page 10 of 24 herein, and that any other agreements shall be void. altered except in writing signed by both Parties hereto This Agreement may not be modified or This i3 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 Assiqns 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. Citv's Riqht to Emplov Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited lnterests 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 or violation 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. ISTGNATURES ON FOLLOWING PAGEI 6 I 1 4'1 .02100\1097 4777.3 Updated March 201 9 11 Attachment 2, Page 11 of 24 SIGNATUR"E PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS INC. lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO Wood Environment & lnfrastructure Solutions lnc. By:By Benjamin Siegel, City Manager Its: Senior Associate Project Manaqer Printed Name:Theodore W. Von Bitner ATTEST: By: City Clerk APPROVED AS TO FORM By City Attorney 6t 147 .02100\10974777 .3 Updated March 2019 12 Attachment2, Page 12 of 24 EXHIBIT A Scope of Services 6 | | 4't .021 00\1 097 47 77 .3 Updated March 2019 13 Attachment 2, Page 13 of 24 wood. 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 Gonstruction Plan Set and GEQA and Regulatory Permitting Dear Joe, Wood Environment & lnfrastructure Solutions, lnc. (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. ln 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 & lnfrastructure Solutions, lnc. 9177 Sky Park Court. San Diego, CA 92123-4341 USA Tel. +1: 858.278.3600. Fax: +1 858.278.5300 Attachment 2, Page 14 of 24 \^/ood. Scope of Work: Task I - Pro Coordination Project coordination for the preparation of the plans and specifications includes the following tasks: a a 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. a Task 1 Deliverables: Meeting nofes and action items, in emailformat, forthe 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 o Plan Set - Title Sheets, Construction Phasing Outline, Grading Plan, Cross Sections and Planting and lrrigation 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 - +l- 2oo/o . 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. 2 Attachment 2, Page 15 of 24 wood. Task 2.2 - Specifications Project specifications will refer to the Standard Specifications for Public Works Construction (201B Greenbook) and Caltrans Standard Specifications 2018. lf 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 - Enqineer's Estimate of Construction Cost An estimate of construction cost (+l- 2jo/o) will be developed for the construction of the project based on the best available data at the time of development. lf 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 plans prepared for submittal to the City of SJC for review. Task 2 Detiverabtes: Electronic versions, PDF format, of the 90% plan set, Engineef 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- 1Oo/o. Task 3.1 - Plan Set, Specifications. Enqineer'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 preparationof the 100o/o plansetandacommentresponsematrixwill beprovidedaspartof the l\Oo/o submittal. The engineer's estimate of construction cost will be updated to decrease the potential range lo +l- 10%o. 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. 3 Attachment 2, Page 16 of 24 \^/ood. Task 3 Detiverables: Electronic versions, PDF format, of the 100% plan set, Engineef s Estimate of Construction Cost, specifications, the SWPPP and the comment response matrix. Task 4 - Final Plans and Preoaration and Subm ittal 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. Enoineer'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 Detiverables: Electronic versions, PDF format, of the Final plans (including the AutoCAD drawings), Engineefs Estimate of Construction Cost, specifications (word format as well), the SWPPP and the comment response matrix. Task 5 - GEQA Gompliant 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 thatthe City intends to pursue the preparation of an lnitial Study / Mitigated Negative Declaration (lS/MND) in order to comply with CEQA. Subtask 5.1 Public Draft lnitial Studv / Mitiqated Neqative Declaration Wood will incorporate one (1) round of consolidated comments to the First and Second Administrative Draft lS - provided by City staff in MS Word format with tracked changes - and will prepare a screencheck Public Draft lS/ND for City staff and legal counsel approval. Following approval of the screencheck, Wood will finalize the Public Draft lS/ND for publication, distribution, and noticing. Task 5.1 Deliverables: Electronic files and PDF format Subtask 5.2 Public Circulation and Noticinq CEQA Section 15205(d) requires a 3O-calendar-day review period for CEQA documents submitted to the California State Clearinghouse (SCH). Under this task, Wood will prepare a 4 Attachment 2, Page 17 oÍ 24 wood. 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 lS/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 lS/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.9, The Capistrano Dispatch). Wood will provide up to five (5) hardcopies and five (5) electronic copies of the Public Draft lS/MND. Task 5.2 Deliverables: 5 hard copies and 5 electronic copies. Subtask 5.3 Response to Comments and Final lnitial Studv / Neoative Declaration Following the close of the public comment period, Wood will prepare responses to comments received on the Public Draft lS/MND. Wood assumes that up to 50 discrete comments on the Public Draft lS/MND will require individual responses. Wood will work with City staff to incorporate minor clarifying revisions to the Public Draft lS/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 lS/MND. Task 5.3 Deliverables: 5 hard copies and 5 electronic copies. Task 6 - Reoulatorv Aoencv Permittino 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. lnitial 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 4O4 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 Permit2T 'Íor 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 (RWOCB) 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. a 5 Attachment 2, Page 18 of 24 wood. 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. TaskT-P Manaoement 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 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 submittalto Orange County Coast Keeper (OCCK) and to any applicable agencies. Assumotions and Exclusions . This scope of work does not include any construction or bidding support. o 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 additionaltask; . 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 (WOMP) will not be required; . An evaluation of the depth to shallow groundwater will be attempted with existing data. lf 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. lf the actual construction length is different and the Risk Level changes, a scope 6 Attachment 2, Page 19 of 24 \rvood. and budget amendment may be necessary to complete this additional task associated with an increase in Risk Level; r Non-prevailing wage rates are assumed for allwork; . 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. Kev 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. 7 Attachmenl2, Page 20 of 24 wood. 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 & lnfrastructure Solutions, lnc. 4"atfu*rt KeriGannon, P.E., C68877 (CA) Technical Lead Ted VonBitner, Ph.D., Project Manager 8 Attachment 2, Page 21 of 24 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. 6 | I 47 .021 00\t 097 47 77 .3 Updated March 2019 14 Attachment 2, Page 22 of 24 wood. 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 2 Tasks DeEcription Due Date Task 1 Project Coordination Scope of work completion estimated to be December 2020. Task 2 90% Plans and Specifications to City 9t2t20'19 90% Plans and Specifications to Orange Gounty Coast Keeper (OCCK)9t17t2019 90% Plans and Specifications to Agencies 9t27t2019 Task 3 100% Plans and Specifications to City 10t'14t2019 100% Plans and Specifications to OCCK 10t28t2019 100% Plans and Specifications to Agencies 11t04t2019 Task 4 Final Plans and Specifications to City 11t08t2019 Task 5 CEQA Compliant Environmental Documentation First Admin Draft IS/MND to OCCK 7t15t2019 First Admin Draft IS/MND to Agencies 8t13t2019 Second Admin Draft IS/MND to City 8t30r2019 Second Admin Draft IS/MND to OCCK 9t'16t2019 Second Admin Draft IS/MND to Agencies 9/30/2019 Public Draft for Public Review '11t15t2019 Draft Final IS/MND to City 1t10t2020 Final IS/MND to City 1t24t2020 Task 6 Reg u latory Agency Perm itting CWA 401/404, and 1600 permits to the City 7t3t2019 CWA 401/404, and 1600 permits to the OCCK 7t15t2019 CWA 401/404, and 1600 permits to the Agencies 8t13t2019 Task 7 Project Management Scope of work completion estimated to be December 202O. Attachment 2, Page 23 of 24 \rvood. 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 l: Cost Breakdown 3 Task I Goordination 811,612 Task 2 90% Plans and S ons $ 8,499 Task 3 1OO% Plans and ifications .$ 3,996 Task 4 Final Plans and S cations Task 5 CEQA Com pliant Environmental Documentation $ 7,201 Task 6 Permitti 967 Task 7 Project Management (Crossing and cEQA)812,801 Task I 60% Plans and Specifications Response to Comments and Additional Drafts $ 6,033 TotalSum AllTasks I56,485 Attachment 2, Page 24 of 24 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 of business at32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City'), and Wood Environment & lnfrastructure Solutions lnc. a 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 Stream Bank Restoration Project (ClP 20203) (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 Stream Bank Restoration Project (ClP 20203). 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 "8. b. ln no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $161.850. 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. AdditionalWork. 1 6t t 47 .02t00\1097 4777 .3 Updated March 2019 Attachment 3, Page 1 of 24 lf 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. Delavs 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 Ca|/OSHA requirements. b. lf required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 2 61 1 4'1 .021 00\t 097 47 7 7 .3 Updated March 2019 Attachment 3, Page 2 ol24 c. lf 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. 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. Assionment 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. lndependentContractor 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. lnsurance. 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. ln 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 Liabilitv (i) The Consultant shalltake out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability lnsurance, 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) lnsurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability lnsurance must include coverage for the following: (1) (2) (3) Bodily lnjury and Property Damage Personal I njury/Advertising I njury Prem ises/Operations Liability 3 6 I I 41 .021 00\t 097 47',t'1 .3 Updated March 2019 Attachment 3, Page 3 of 24 (4) Products/CompletedOperationsLiability(5) Aggregate Limits that Apply per Project(6) Explosion, Collapse and Underground (UCX) exclusion deleted(7) Contractual Liability with respect to this Agreement(8) Property Damage(9) lndependentConsultantsCoverage (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 shallgive 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 10 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 Liabilitv (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability lnsurance 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 lnsurance 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 wriüen 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/Emplover's Liabilitv (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 4 61 1 47 02t00\t097 47 77.3 Updated March 201 9 Attachment 3, Page 4 of 24 "Workers' Compensation and lnsurance Act," Division lV 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. d. Professional Liabilitv (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 Sinqle Limit Commercial General Liability Automobile Liability Employer's Liability Professional Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage $1,000,000 combined single limit $1,000,000 per accident or disease $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 lnsured 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 lnsurance (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 6t I47 .02100\10974777 .3 Updated March 2019 5 Attachment 3, Page 5 of 24 insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policv 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 Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. lf 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 lnsured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (¡i) 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. (¡ii) 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 the limits 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. Qualifuinq lnsurers (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:Vll and admiüed 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 lnsurance Code or any federal law. 6 6 1 1 47 .02 t 00\t 097 47 77 3 Updated March 201 9 Attachment 3, Page 6 oÍ 24 i. Additional lnsurance Provisions (¡) 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. (ii) lf 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. ln 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 lnsurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract untilthey 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 or an endorsement providing the exact same coverage. lf requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. lndemnification. 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 or agents 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. lf 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 section2782.B, 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 7 6 l 147.02 I 00\10974'7',77.3 Updated March 201 9 Attachment 3, Page 7 of 24 jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not 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 ("Prevailing Wage Laws"). lf 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. lt 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 1771.4and1776), hoursof labor(LaborCodeSections 1813and 1815)anddebarment 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. lf 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, lhe Consultant and all subconsultants performing such services must be registered with the Department of lndustrial 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 lndustrial Relations. lt shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of lndustrial 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 lndustrial Relations against Consultant or any subcontractor. 14. Verification of Emplovment Eliqibilitv 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 lmmigration Reform and ControlAct of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. I 61 1 4'1 .02100\1097 4711 .3 Updated March 201 9 Attachment 3, Page 8 of 24 15. Reserved. 16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. lf 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. 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. ln 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. lf 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. Orqanization 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 Aoreement. 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: I 6t | 41 .02100\1097 47 77.3 Updated March 201 9 Attachment 3, Page I of 24 CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Joe Parco, City Engineer, Public Works CONSULTANT: Wood Environment & lnfrastructure Solutions lnc. 1 105 Lakewood Parkway, Suite 300 Alpharetta, Georgia 30004 Theodore W. Von Bitner and shall be effective upon receipt thereof 22. Third Partv Riqhts Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunitv 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 Aoreement 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. Severabilitv 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 Assiqns 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 6 | I 47 .021 00\t 09'7 41 1 1 .3 Updated March 201 9 10 Attachment 3, Page 10 of 24 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. Citv's Riqht to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited lnterests 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 or violation 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. ISTGNATURES ON FOLLOWING PAGEI 6l 147.02100\10974777.3 Updated March 201 9 11 Attachment 3, Page 11 of 24 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS INC. lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO Wood Environment & lnfrastructure Solutions lnc By Benjamin Siegel, City Manager City Clerk APPROVED AS TO FORM By: City Attorney 6t t 47 .02100\t097 47 "17.1 Updated March 2019 By: Its: Senior Associate Proiect Manaoer Printed Name:Theodore W. Von Bitner ATTEST By: 12 Attachment 3, Page 12 of 24 EXHIBIT A Scope of Services 6t | 47 .02100\1097 47 77 .3 Updated March 201 9 13 Attachment 3, Page 13 of 24 wood. 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 Stream Bank Restoration Gonstruction PIan Set and CEQA and Regulatory Permitting Dear Joe, Wood Environment & lnfrastructure Solutions, lnc. (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 environfnental 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 Alternative 2, lntegrated Biological and Engineering Restoration, presented in the "Conceptual Habitat Restoration Plan forthe Southern Bank of San Juan Creek in the Vicinity of the Rancho Mission Viejo Riding Park" prepared by Amec Foster Wheeler, Environment & lnfrastructure, lnc., September 27, 2017. Alternative 2 described removing the existing fill slope; re-engineering the ground surface; stabilizing the toe of the resulting slope with riprap and integrating biological processes; and seeding and planting new vegetation. As part of this alternative, a new earthen berm will be constructed along the top of the stabilized slope to protect the park from being flooded by a 21-year storm event flow in San Juan Creek, as discussed in the Water Surface Elevation No-Rise Certification Report prepared by Wood, April 2019. ln 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. lf 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 Env¡ronment & lnfrastructure Solut¡ons, lnc. 9177 Sky Park Court. San Diego, CA 92123-4341 USA Tel. +l: 858.278.3600 . Fax: +'l 858.278.5300 Attachment 3, Page 14 of 24 \^/ood. Scope of Work: Task I - Proiect 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; . CAFO design coordination including one site visit; . Restoration design coordination including one investigative site visit and one site visit with the associated resource agencies. Task 1 Deliverables: Meeting nofes and action items, in emailformat, forthe in-person meetings and the engineering-related weekly conference calls. Task 2 - 90% Plans and Soec ns Preoaration and Submittal The 90% plans and specifications will include the following items . Hydrology Report - Previously completed under a separate Task Order (TO); . No-Rise Report - Previously completed under a separate TO; . Geotechnical Report - Previously completed under a separate TO; . Plan Set - Title Sheets, Construction Phasing Outline, Grading Plan, Cross Sections and Planting and lrrigation 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 - +l- 2oo/o . 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 Attachment 3, Page 15 of 24 2 \^/ood. preparat¡on 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. Task 2.2 - Specifications Project specifications will refer to the Standard Specifications for Public Works Construction (2018 Greenbook) and Caltrans Standard Specifications 2018. lf 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 - Enoineer's Esti mate of Construction Cost An estimate of construction cost (+l- 20%) will be developed for the construction of the project based on the best available data at the time of development. lf 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. f ask2.4 - 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 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- 1Ùo/o. Task 3.1 - Plan Set. Specifications, Enqineer'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 100o/o 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 +l- 1oo/o. Task 3.2 - OA/OC Review & 100% Submittal 3 Attachment 3, Page 16 of 24 wood. 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 3 Deliverables: Electronic versions, PDF format, of the 100% plan set, Engineef 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. Enqineer'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 Deliverabtes: Electronic versions, PDF format, of the Final plans (including the AutoCAD drawings), Engineefs Estimate of Construction Cost, specifications (word format as well), the SWPPP and the comment response matrix. Task 5 - GEQA 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 lnitial Study / Mitigated Negative Declaration (|S/MND) in order to comply with CEQA. Subtask 5.1 Public Draft lnitial Studv / Mitiqated Neoative Declaration Wood will incorporate one (1) round of consolidated comments to the First and Second Administrative Draft lS - provided by City staff in MS Word format with tracked changes - and will prepare a screencheck Public Draft lS/ND for City staff and legal counsel approval. Following approval of the screencheck, Wood will fTnalize the Public Draft lS/ND for publication, distribution, and noticing. Task 5.1 Deliverables: Electronic files and PDF format 4 Attachment 3, Page 17 of 24 wood. Subtask 5.2 Public Circulation and Noticinq 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 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.9, The Capistrano Dispatch). Wood will provide up to five (5) hardcopies and five (5) electronic copies of the Public Draft lS/MND. Task 5.2 Deliverables: 5 hard copies and 5 electronic copres. Subtask 5.3 Response to Comments and Final lnitial Studv / Neqative Declaralion 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 lS/MND will require individual responses. Wood will work with City staff to incorporate minor clariffing revisions to the Public Draft lS/MND, as necessary, and will prepare a Draft Final lS/MND for City staff review. Wood will incorporate one (1) round of consolidated comments to the Draft Final lS/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 lS/MND. Iask 5.3 Deliverables: 5 hard coprÞs and 5 electronic copies Task 6 - Requlatorv Aqencv Permittinq 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. lnitial 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 4O4 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 Permil2T 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. 5 Attachment 3, Page 18 of 24 wood. The Regional Water Quality Control Board (RWOCB) 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. 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 - Proiect Manaqement 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 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 additionaltask; 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 (WOMP) will not be required; An evaluation of the depth to shallow groundwater will be attempted with existing data. lf the existing data is not adequate, Wood will advise the client and obtain authorization for o a a a a a 6 Attachment 3, Page 19 of 24 wood. 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. lf the actual construction length is different and the Risk Level changes, a scope 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 allwork; 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. Kev personnel for these tasks are: Technical Lead: Keri Gannon, P. E., (858) 51 4-6417, 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 $147 ,119, 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. a a a a a 7 Attachment 3, Page 20 of 24 \^/ood. 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, lnc 4*ltMr-w KeriGannon, P.E., C68877 (CA) Technical Lead Ted VonBitner, Ph.D., Project Manager 8 Attachment 3, Page 21 oÍ 24 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. 6l 147.02t00\10974777.3 Updated March 201 9 14 Attachment 3, Page 22 of 24 wood. 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 2 Tasks Description Due Date Task I Project Coordination Scope of work completion estimated to be December 2020. Task 2 90% Plans and Specifications to City 9t2t2019 90% Plans and Specifications to Orange County Coast Keeper (OCCK)9t17t2019 90% Plans and Specifications to Agencies 9t27t2019 Task 3 100o/o Plans and Specifications to City 10t14t2019 100o/o Plans and Specifications to OGCK 10t28t2019 100% Plans and Specifications to Agencies '11104120'19 Task 4 Final Plans and Specifications to City 11t08t2019 Task 5 CEQA Compliant Environmental Documentation First Admin Draft IS/MND to OCCK 7t15t2019 First Admin Draft IS/MND to Agencies 8t13t2019 Second Admin Draft IS/MND to City 8t30t2019 Second Admin Draft IS/MND to OCGK 9t'16t2019 Second Admin Draft IS/MND to Agencies 9t30t2019 Public Draft for Public Review 11t',15t2019 Draft Final IS/MND to City 1t10t2020 Final IS/MND to City 1t24t2020 Task 6 Regulatory Agency Perm itting CWA 401/404, and 1600 permits to the City 7t3t2019 CWA 4011404, and 1600 permits to the OCCK 7t15t2019 CWA 401/404, and 1600 permits to the Agencies 8t13t2019 Task 7 Project Management Scope of work completion estimated to be December 2020. Attachment 3, Page 23 of 24 \^/ood. 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 Tasks Description Amountfor Sfope Stabilizatian Task I Project Coordination s 34,837 Task 2 90% Plans and Specifications I25,496 Task 3 100% Plans and Specifications $ 11,989 Task 4 Final Plans and Specifications $ 7,129 Task 5 CEQA Compliant Environmental Documentation $ 7,201 Task 6 Reg ulatory Agency Permitting $ 3,967 Task 7 Project Management (Restoration and cEQA)s 38,404 Task 8 60% Plans and Specifications Response to Comments and Additional Drafts $ 18,098 Total Sum AllTasks $147,119 3 Attachment 3, Page 24 of 24