19-0702_WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC._E9_Agenda Report7t2t20',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
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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
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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.
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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
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(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.
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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
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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
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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
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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
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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
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Attachment 3, Page 17 of 24
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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
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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
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Attachment 3, Page 19 of 24
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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
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Attachment 3, Page 20 of 24
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Please do not hesitate to contact us if you have any questions. We appreciate the opportunity to
work with you on this project and we look forward to seeing it through completion.
Sincerely,
Wood Environment & Infrastructure Solutions, lnc
4*ltMr-w
KeriGannon, P.E., C68877 (CA)
Technical Lead
Ted VonBitner, Ph.D.,
Project Manager
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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
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Attachment 3, Page 22 of 24
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ATTACHMENT A . SCHEDULE
This scope of work can be completed per the schedule in Table 2
The proposed schedule is contingent upon Wood receiving a fully executed NTP dated July 2,
2019 for this scope of services and the timely review of the submittal packages by the involved
agencies per the attached detailed schedule. The City has been allotted 2 weeks for review of
each plan and specification submittal.
TABLE 2: Project Schedule
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
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ATTACHMENT B - FEE ESTIMATE
A further breakdown of the costs is provided in the attached cost estimate. Specific assumptions
of the number of hours for certain tasks, such as meetings and conference calls, are noted in the
cost estimate.
TABLE 1: Cost Breakdown
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
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Attachment 3, Page 24 of 24