21-0518_WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC._Agenda Report_E9City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Thomas Toman, Public Works Director
PREPARED BY: Joe Parco, P.E. City Engineer
Jeremy Hohnbaum, P.E. Senior Civil Engineer
DATE: May 18, 2021
SUBJECT: Resolution Waiving the Formal Request for Proposals/Request for
Qualifications Process (RFP/RFQ), and Approval of Amendment No.
5 to Professional Services Agreement for Environmental and Storm
Water Quality Compliance Services With Wood Environment &
Infrastructure Solutions, Inc.
RECOMMENDATION:
1.Adopt a Resolution waiving the formal RFP/RFQ process; and,
2.Approve and authorize the City Manager to execute Amendment No. 5 to the
Professional Services Agreement with Wood Environment & Infrastructure, Inc. for
environmental and storm water quality compliance services, at the existing contract
price, for an additional two-year term beginning on July 1, 2021, and ending June 30,
2023.
EXECUTIVE SUMMARY:
The current agreement with Wood Environment & Infrastructure Solutions, Inc. (Wood)
will expire on June 30, 2021. The Public Works Department has used Wood, formerly
AMEC Foster Wheeler Environment and Infrastructure, Inc. (AMEC), since December
2015 for as-needed environmental and storm water quality compliance consulting
services (Attachment 1). Since 2015, Wood has provided essential and specialized
consulting services, and the original agreement has been annually extended (Attachment
2). Staff has negotiated with Wood to continue providing environmental and storm water
quality compliance consulting services at the current rates for an additional two-year term
(Attachment 3). Consequently, staff is requesting an exception to the formal Request for
Proposal/Request for Qualification (RFP/RFQ) procurement process. To approve this
5/18/2021
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City Council Agenda Report
May 18, 2021
Page 2 of 4
exception, the City Council must adopt the attached Resolution (Attachment 4) waiving
the formal RFP/RFQ procurement process for the environmental and storm water quality
compliance consulting services. It is also recommended that the City Council authorize
the City Manager to execute Amendment No. 5 to the Professional Services Agreement
(PSA) with Wood to extend the term for an additional two years beginning July 1, 2021,
and ending June 30, 2023 (Attachment 5). All other existing terms, including current
pricing, would remain in effect.
DISCUSSION/ANALYSIS:
Wood was originally selected through a Request for Proposal (RFP) process in December
2015. Since that time, the City has used outside consultants to support staff in the
management of highly technical and specialized services required by federal National
Pollutant Discharge Elimination System (NPDES) regulations.
Wood is very familiar with City standards and requirements, which enables the company
to effectively manage this critical program and stay abreast of new permit requirements.
The RFP process would be unlikely to identify a more cost effective and capable firm to
fill the needs of this highly specialized and critical City function. Staff is currently working
with Wood on key NPDES program requirements that have impending deadlines that
necessitate the continuance of services provided by Wood. Wood has also been the
City’s technical advisor on issues related to the City’s consent decree with the Orange
County Coastkeeper.
Additionally, given the general uncertainty of the current economic climate resulting from
the COVID-19 pandemic and numerous other Public Works Department priorities that
would make it challenging to train and oversee a new consultant, staff is recommending
that the Council approve a contract amendment under the exceptions provided for in San
Juan Capistrano Municipal Code Section 3-4.306(e)(3). This section provides an
exception to the formal competitive process when extenuating circumstances would make
the RFP/RFQ process not the most cost-effective approach.
Additional benefits to the City by extending this agreement with Wood include familiarity
with City facilities and unique features of service areas, a proven track record of high-
quality service, and responsiveness to City needs and priorities. Elements of the current
NPDES program include, but are not limited to the following:
• Inspection and reporting functions necessary to meet the requirements of the
Residential, Equestrian, Commercial, Industrial, Existing Development, and
Construction components of the City’s NPDES Permit;
• Verification of previously constructed structural best management practices (BMP);
• Regional Water Board Annual Report compliance and verification;
• Regional Water Board Annual Report submission;
• Trash Prohibition Program;
City Council Agenda Report
May 18, 2021
Page 3 of 4
• NPDES-related engineering services as needed for plan checking and construction
inspection;
• NPDES requirements review for City Capital Improvement Projects;
• NPDES required technical studies;
• Bacteria total maximum daily load requirements;
• Comprehensive Human Waste Source Reduction Strategy Work (CHWSRS) Plan;
and,
• Compliance with the California State Water Resources Control Board (CASWRCB)
Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite
Wastewater Treatment Systems (OWTS Policy)
FISCAL IMPACT
In 2015, the City Council approved a two-year agreement for consultant services with
AMEC for a fee not to exceed $56,570 per year, with two additional one-year extensions
for a fee not to exceed $44,940 per year. The proposed amendment would extend the
agreement through June 2023 and would modify the compensation structure from a not-
to-exceed amount to a “budget supported” methodology whereby required operations that
have approved funding are included under the agreement. Wood has agreed to maintain
the hourly rates from the prior contract as reflected in Attachment B of the proposed
amendment.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
actions are exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA
applies only to projects which 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. Adopting a resolution waiving the formal RFP/RFQ process and
approving and authorizing the City Manager to execute an Amendment for a two-year
extension of the PSA for performance of environmental and storm water quality
compliance services, would not be an activity with potential to cause significant effect on
the environment and therefore is exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
• On May 21, 2019, the City Council approved Amendment No. 4 to the PSA with
Wood Environmental (formerly AMEC Foster Wheeler Environment and
Infrastructure Inc.) extending the term of the agreement for two additional years
ending on June 30, 2021.
City Council Agenda Report
May 18, 2021
Page 4 of 4
• On December 1, 2015, the City Council approved a two-year PSA with Amec
Foster Wheeler Environment and Infrastructure (Attachment 1) to perform as-
needed engineering and environmental services for the storm water quality
compliance program for a fee not to exceed $56,570 per year; and, authorized the
City Manager to approve two additional one-year extensions for a fee not to exceed
$44,940 per year.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission, committee, or board review.
NOTIFICATION:
Wood Environment & Infrastructure Inc.
ATTACHMENTS:
Attachment 1: Professional Services Agreement (December 2015)
Attachment 2: Amendments Nos. 1, 2, 3, and 4
Attachment 3: Wood Extension Request Letter
Attachment 4: Proposed Resolution 21-05-18-XX
Attachment 5: Proposed Amendment No. 5
PROFESSIONAL SERVICES AGREEMENT FOR:
ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of Tuce,vn\Jer \ , 2o_ti_ by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and Amee Foster Wheeler Environment &
Infrastructure Inc., 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: Environmental and Storm Water Quality Compliance Program
(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"
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B ."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $1 13, 140. Consultant shall not perform
services requiring the use of Contingency funds without the City's prior approval. 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. Add it iona l Work.
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If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within January 11 2016
to December 31, 2017. The Notice to Proceed shall set forth the date of commencement of
work.
6. Delays in Performance .
a. Neither City nor Consultant sh':311 be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
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Attachment 2
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ATTACHMENT 1, PAGE 2 OF 35
Consultant's services will be performed in accordance with generally accepted .
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained '
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided .
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a . Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
for the following :
61147 .02100\10974777 .1
(iii) Commercial General Liability Insurance must include coverage
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Bodily Injury and Property Damage
Personal Injury/Advertising Injury
Premises/Operations Liability
Products/Completed Operations Liability
Aggregate Limits that Apply per Project
Explosion, Collapse and Underground (UCX) exclusion
deleted
Contractual Liability with respect to this Contract
Broad Form Property Damage
Independent Consultants Coverage
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ATTACHMENT 1, PAGE 3 OF 35
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v,) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 1 O 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. A uto m ob i le Liabilit y
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers ' Compe nsat ion/Emp loyer's Liabi lity
(i) Consultant certifies that he/she is aware of the prov1s1ons 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 w ith the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Prof ess ional Liability (Er rors and O miss io ns)
At all times during the performance of the work under this Agreement the Consultant
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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:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Single Limit
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
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during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss .
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to 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. Qual ify ing In sure rs
(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 AM. 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 Insurance
Code or any federal law.
i. Additiona l Insurance Prov isions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments . In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Sub oonsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City}, indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged 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 consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782 .8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness , or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers , employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
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witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers .
13 . California Labor Co de 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 . If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims , liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants , as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations . It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Ve ri ficat ion of Employment Eligib ility .
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986 , as may be amended from time to time, and shall requir~ all subconsultants and sub-
subconsultants to comply with the same .
15. Laws and Venu e.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16. Term ina t ion or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
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of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work .
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17. 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 .
18. Organization
Consultant shall assign Theodore W . Von Bitner as Project Manager. The Project
Manager shall not be removed from the Project or reassigned without the prior written consent
of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Hossein Ajideh, PhD, PE
and shall be effective upon receipt thereof.
61147 .02100\10974777.1
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CONSUL TANT:
Amee Foster Wheeler,
Environment & Infrastructure, Inc.
9177 Sky Park Court
San Diego, CA 92123
Attn: Theodore W. Von Bitner
Attachment 2
Page 9 of35
ATTACHMENT 1, PAGE 9 OF 35
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading) demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void . This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24 . Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25 . Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City 's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
10
61147.02100\10974777 .1 Attachment 2
Page 10 of35
ATTACHMENT 1, PAGE 10 OF 35
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach 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.
[SIGNATURES ON FOLLOWING PAGE]
11
61147.02100\10974777 .1 Attachment 2
Pagel l of35
ATTACHMENT 1, PAGE 11 OF 35
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND AMEC FOSTER WHEELER
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
Mayor
ATTEST:
By :
City Clerk
Approved as to Form :
By:
61147.02100\10974777. 1
Amee Foster Wheeler, Environment &
Infrastructure, Inc.
By :
_Its: Program Manager .
12
Attachment 2
Page 12 of35
ATTACHMENT 1, PAGE 12 OF 35
EXHIBIT A
Scope of Services
13
61147.02100\10974777.l Attachment 2
Page 13 of35
ATTACHMENT 1, PAGE 13 OF 35
amec
foster
wheeler
Scope of Work for Environmental and
Storm Water Quality Compliance Program
To : Hossein Ajideh, P.E.
City of San Juan Capistrano -Public Werks & Utilities Department
Date October 9, 2015
From : Ted Von Bitner, Associate Scientist
Amee Foster Wheeler Environment & Infrastructure Inc. Attachment 2
Page 14 of35 ATTACHMENT 1, PAGE 14 OF 35
October 9, 2015
City of San Juan Capistrano
Public Works & Utilities Department
Attn: Hossein Ajideh, P.E.
Senior Civil Engineer
32400 Paseo Adelanto
San Juan Capistrano, California 92675
amec
foster
wheeler
Subject: Request for Proposals (RFP) for Environmental and Storm water Quality Compliance
Program Services
Dear Mr Ajideh:
Amee Foster Wheeler would like to thank you for the opportunity to submit our proposal to provide
Environmental and Stonn water Quality Comp/lance Program Ssrvlcn. The proposal attached to this
cover letter includes our a summary of the Amee Foster Wheeler Team's qualifications for this work and the
estimated costs for helping you and the City of San Juan Capistrano (City) with the elements outlined in the
Request for Proposal (RFP).
The Amee Foster Wheeler Team assembled to support the City's Environmental and Stonn water Quality
Compllanc11 Programt1 has helped municipalities to comply with the regulatory requirements mandated by
the San Diego Regional Water Quality Control Board for the past 20 years . Our team members are uniquely
qualified to assist the City given both our individual and cumulative strengths, a history of working in the San
Juan Creek watershed, hands-on experience with the potential challenges ahead for the City during the Water
Quality Improvement Plan (WQ/P) development process, and an extensive work history helping municipalities
navigate the Municipal Separate Storm Sewer System (MS4) permit.
Our proposed subconsultant for this contract is Larry Walker & Associates, Inc. located at 785 Grand Avenue,
Suite 200, Carlsbad CA, 92008. Mr. Paul Hartman is his firm's selected Project Manager and Paul can be
contacted at (760) 730-9446 or fax number (310) 394-8959. Mr. Hartman 's experience as a storm water
program manager, his relationship working with Amee Foster Wheeler and his knowledge of TMDL policy,
WQIPs, and Watershed Management Plans are some of the key reasons why we asked him to join the Amee
Foster Wheeler Team and help us to support the City's programs .
The proposed key team members as well as many other staff members within our organization will be
immediately available to perform work on this contract. The number of personnel required for this program is
only a portion of the total number of engineers, scientists, and watershed professionals that are available to
City to help with this program.
Amee Foster Wheeler declares that the parties interested in the proposal as principals, are named therein;
that the proposal is made without collusion with any other person, persons, company, or parties submitting a
proposal; that it is in all respects fair and in good faith without collusion or fraud. Nathan Schaedler, who will
serve as the Principal-in-Charge, is authorized to negotiate a binding contract on behalf of Amee Foster
Wheeler and the parties named in this proposal. We do not propose any exceptions to the Professional
Services Agreement and we acknowledge receipt of all RFP addenda. This proposal shall remain valid for a
period of not less than 90 calendar days after October 9, 2015.
Amee Foster Wheeler Environment & Infrastructure, Inc.
9177 Sky Park Court
Attachment 2
Page 15 of35
These data , furnished in connection wHh this proposal shall not be disclosed outside the City of
San Juan Capistrano and shall not be duplicated, used. or disclosed in whole or In part for any
olher purpose then to evaluate the proposal; providod, that if a contract Is awarrfed to this orreror
ATTACHMENT 1, PAGE 15 OF 35
amec
foster
wheeler
Should you have any questions regarding either the scope of work or our cost estimate, Amee Foster
Wheeler's Project Manager Ted Von Bitner will be your primary point of contact. Correspondence can be sent
to him at our address listed below or he may be contacted at (858) 514-7741 or by fax : (858) 278-5300 and
his email address is theodore .vonbitner@amec.com.
Please find attached our technical proposal and in Exhibit A our fee proposal for the Environmental and
Stonn water Quality Comp/lane• Program Service•.
Sincerely,
Amee Foster Wheeler Environment & Infrastructure, Inc.
Theodore Von Bitner,
Water Resources Project Manager
Amee Foster Wheeler Environment & Infrastructure, Inc.
9177 Sky Park Court
Nathan Schaedler, P.E.
Water Resources Division Manager
Attachment 2
Page 16 of35
These data, furnished in connection with this proposal shall not be disclosed outsida the City of
San Juan Capistrano and shall not be duplicated, used, or disclosed in whole or in part for any
other purpose than to evaluate the proposal; provided, that if a contract is awarded to this offaror
ATTACHMENT 1, PAGE 16 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
1. Work Plan and Schedule
Narrative Rendition of the Technical Work
Our proposal to assist with the City's storm water program (Program) focuses on three elements which are;
"" First, we propose to provide Program Management support which focuses on tracking, verifying, and
reporting on storm water related activities performed by City staff, and to provide on an as-needed basis,
program training. We intend to help the City implement the storm water program by providing project
management oversight of the activities and programs performed by the City departments including the
Public Works, Utilities, and Community Services departments. Our Program Management services will
include coordination with staff from the other City departments to maintain an up-to-date accounting of the
activities and programs needed for the storm water program.
IJ» Second, we propose to help the City implement the storm water program by providing hands-on services
for activities and programs that are outside of the current availability of other City departments. We will
help implement activities in support of the MS4 permit including but not limited to: Water Quality
Management Plan check services, Commercial and Industrial facility inspections, ID/IC investigations
related to bacteria sources in support of the Bacteria TMDL, Public Education and Outreach Program, and
preparation of the Annual Program Effectiveness Assessment Report. We will also attend the WQIP
development and TMDL stakeholder meetings on as-needed basis per the directions of the Senior Civil
Engineer.
IJ» Third, we propose to help the City complete critical regulatory guidance documents updates in support of
the WQIP submittal to the Regional Board anticipated for early to mid-2017. The regulatory guidance
documents that will be updated include the Local Implementation Plan, BMP Design Manual, and if
necessary, the Comprehensive Load Reduction Plan.
Proposed Approach for Work Plan
Our Work Plan for the storm water program consists of two phases that will be concurrently implemented over
the life cycle of the contract. The two phases consists of a core stormwater and implementation of annual
priority projects .
In phase one, we propose to implement a core storm water program during each fiscal year that includes the
following areas of program support as defined in the RFP;
I. Program Management: Our intention for this element of the program is to assist the Senior Civil
Engineer and the City with the program activities including the evaluation of watershed management
plans, support with the San Juan Creek Bacteria TMDL program, and working with Orange County on
the MS4 monitoring program. Our attendance at the workgroup meetings will provide
recommendations on technical or policy related issues that may influence the City's implementation
strategy for the WQIP. For planning purpose we propose to attend Bacteria
TMDL stakeholder meetings and attend storm water program meetings. We Team Members
will provide a written electronic mail formatted meeting summary if the • Ted Von Bitner
information presented includes a City budget or program implementation • Yvana Hrovat
decision. • Paul Hartman
Deliverable: Project summary memorandum or written meeting notes submitted within 10 business
days.
II. WQMP Plan Check: The WQMP plan checking process represents a Team Members
substantial amount of time for City staff to perform the document reviews. We • Yvana Hrovat
understand the time commitment needed for plan checks and our team • Brent Smith
includes a number of expert members with extensive experience performing
the WQMP reviews. Our support to the City will include providing WQMP plan check support on an
as-needed basis as directed by the Senior Civil Engineer or his appointed program lead. For budget
planning purposes, we propose to provide support on fifteen (15) small WQMP plan checks per year
or up to four (4) hours per event on large WQMPs which will be counted towards the required fifteen
(15) per year. In the event the WOMP requires a revision and resubmittal by the developer or
contractor, the second or subsequent review will be performed by City staff to avoid any potential
representation of Amee Foster Wheeler as an agent or employee of the City. Attachment 2, Page J 7 of 35
ATTACHMENT 1, PAGE 17 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
Deliverable : Completion of up to fifteen (15) WQMP reviews.
iii. Public Education and Outreach: The public education program is a central element of the storm
water program. We understand that the education and outreach effort is a key Team Members
communication pathway to businesses, developers, and property owners. We • Ted Von Bitner
will help the City to utilize existing opportunities including but not limited to • Michelle Bowman
sponsored outreach events, public seminars, the City and County websites,
and the ongoing water conservation program to implement the Public Education and Outreach
program mandated by the MS4 permit. We intend to assist the City with outreach events including but
not limited to: the e-waste recycling event in support of stormwater trash management policies,
participation at the Children's Water Festival , Ocean Discovery Institute educational programs, and
the Annual Inner Coastal Clean Up day held on the 3rd Saturday of every September .
To assist the City with the Public Education and Outreach program implementation in year 1, we
propose to develop a set of written guidelines for City staff to record impressions made during the
fiscal year in addition to continuing the Annual Inner Coastal Clean Up event in September. We
additionally propose to help the City develop a method for promoting the Water Quality Improvement
Plan Public Participation process in lieu of sponsoring individual events as previously described .
In the third and fourth year of the agreement, we propose to implement a more formalized program in
response to the reduction that will be recognized with the conclusion of the Public Participation
program . We will help the City to hold up to four (4) outreach events per year .
Deliverable: (Year 1 and 2) written guidelines for City staff to record impressions and participation in
the Annual Inner Coastal Clean Up. (Year 3 and 4) participation in the Annual Inner Coastal Clean
Up and three (3) additional events per year .
iv. Inspection and Database Support
a) Commercial and Industrial Inspections: We intend to continue our Team Members
support with the Commercial and Industrial Inspection program by • Brent Smith
inspecting 20 percent of the City's current inventory. The annual number of • Mike Lowther
routine inspection needed for permit compliance is approximately forty-five • Ellen Smith
(45) based on the current inventory and approximately six (6) follow-up • Brad Michael
inspections may be needed.
We propose that the remaining nine (9) inspections may be allocated to performing as-needed
inspections of high priority areas or performing drive-by inspections of high priority geographic
areas . These additional inspections may be allocated towards runoff related issues including but
not limited to; performing follow up inspections of trash accumulating areas, performing drainage
areas surveillance in response to outfalls with persistent non-storm water flows, or for any other
priority water quality condition as directed by the City.
We will continue to review and update the City's current Commercial and Industrial inventory and
work with the City's business license administrator to evaluate bi-annual changes in the inventory
that may need to be included with the storm water program. In addition, during the first year of our
inspection program implementation we will focus on reviewing the results from FY2014-2105
inspections to determine the appropriate Standard Industrial Classification codes for businesses
that should or should not be included in the inventory .
We intend to implement the revised model inspection and reporting format developed by the
County of Orange during the 2015-2016 reporting year. Additionally, we intend to implement a
more robust feedback process into the inspection program whereby the property or business
owners receive a copy of the completed inspection form. We have adopted this approach for
other municipalities and in addition to the outreach and education value the approach has
generated , the feedback process is also considered a valuable method for documenting
compliance with the permit provisions.
Deliverable: Completed forms for up to sixty (60) inspections and submittal of the completed forms to
the property or business owners. Attachment 2
Page 18 of35 ATTACHMENT 1, PAGE 18 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
v.
b) Residential Inspections: We propose to support the City with the • Mike Lowther
Residential Inspections program by utilizing the existing resources to meet • Brenda Stevens
the permit requirements . We will work with the City's water conservation coordinator from the
Utilities Department to track and document outreach events that may be counted towards
compliance with the Residential Inspection , Public Education , and ID/IC program requirements .
Our support will include helping the Utilities Department staff to track and document over-irrigation
prevention incidences, reviewing printed materials for Utility customers and brochures developed
by the Orange County Public Works or the Municipal Water District of Orange County, turf-
replacement locations , and outdoor irrigation system upgrades. We intend to work with the water
conservation coordinator to maintain a GIS based map of the conservation efforts so that we can
develop a prioritization of properties or geographic areas that require frequent intervention to
prevent over-irrigation.
Deliverable: A GIS based map illustrating locations of water conservation program efforts.
c) /llun/cipa/ Facility Inspections: We propose to support the City with the Team Members
Municipal Facility Inspections program by utilizing the existing resources to • Brent Smith
meet the permit requirements. City staff performs the fixed facility and field
program inspections and our support with this program will be help City staff track and document
the completion of inspection results .. We will provide recommendations on additional program
training if our review of the inspection program suggests that additional effort may be needed to
fulfill the compliance requirements of the permit.
Deliverable: One to two page program summary memoranda describing purpose and need for
additional program training within 10 business days of completing program evaluation . Memos are
intended to describe purpose, audience, reason for location, and overall focus of the training event.
Illegal Discharge and Illicit Conn--•=--n--··--•=--· '"'"· ~· 1pport with the storm water program will
include helping the City to implem4 Attachment 2 1m . Our approach Te m Memb
includes managing and evaluating Page l 9 of 35 :ions, City's Code a ers • Ted Von Bitner
Enforcement Officers, monitoring results provided by Orange County, using • Corev Elliott
GIS visualization techniques to assess outreach and enforcement efforts,
reviewing and providing comments on the transitional and post approved-WQIP mon itoring programs,
and keeping an updated inventory of events and locations using our web-based database system.
Our intent is to utilize the ID/IC program information to assist the City with developing prioritization
strategies for the non-storm water and storm water outfall monitoring and assessment program,
including development of BMP implementation strategies in response to program findings prepared by
the County of Orange.
Deliverable: A summary of ID/IC events and results presented tabular will be included as an MS
Excel attachment to the technical memo developed for Task 4.
In addition to these efforts, we propose to apply the results of the inspections, ID/IC prevention , water
conservation outreach program, and transitional monitoring program so that program compliance efforts can
be related to monitoring results and the permit provisions for assessing jurisdictional contributions to receiving
water conditions. We believe that relating the inspections , water conservation efforts , and monitoring results
represents a more robust approach towards assess ing the effectiveness of the City's storm water program
and ultimately meeting the compliance requirements of the permit. We propose to include the GIS based
maps in the Annual Report Executive Manager's Fact Sheet (see item 6 for additional information).
vi. Annual Report Preparation : Under the transitional program, the City will need to continue preparing
the transitional program annual effectiveness assessment report, in a manner similar to the 2014-
2015 report format. This reporting format is anticipated to continue until the FY2017-2018 reporting
year or the approval of the WQIP. The reporting format of the approved WQIP annual reports has not
been developed yet for the Orange County Copermittees, but we propose that in coordination with our
services to the City, we will continue to utilize our contacts from San Diego County municipalities to
review and evaluate the WQIP annual report format. Our intention is to help the Senior Civil Engineer
better estimate the potential program and reporting requirements that may be needed during the
FY2017-2108 and subsequent reporting years for the MS4 program. Attachm ent 2
Page 19 of35 ATTACHMENT 1, PAGE 19 OF 35
Team Members
• Ted Von Bitner
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services • Claire JohnsQn
• Pau l Ha rtman
Deliverable: Submittal of the Transitional Form D Annual Jurisdictional Runoff Management Plan
Report and completion of the data tables for inclusion in the Orange County Unified Annual PEA
report.
vii. General Permit Compliance and Technical Guidance Support: Over the 2015-2016 and 2016-
2017 reporting period we provide advocacy for the City's interest through Team Members
participation in the Orange County WQIP development meetings. For planning • Ted Von Bitner
purposes, we propose to attend six (6) stakeholder meetings per year . Our • Yvana Hrovat , PE
support to the City w ill include attendance at the Public Participation events, • Paul Hartman
which are required as part of the development process .
During the 2016-2017 reporting year, in coordination with the submittal of the Orange County WQIP,
the City will need to update the Local Implementation Plan and BMP Design Manual. Our team has
hands-on experience performing these guidance document updates for municipalities in San Diego
County and can draw upon those lessons learned to provide efficient and cost-effective updates to the
City's plans.
Deliverables:
Draft and final BMP Design Manual adapted for City implementation
Draft and final Local Implementation Plan compliant with R9-2015-0100
Program Suggestions
The storm water program described in the previous section represents the core program that we intend to
implement on an annual basis. Likewise, Amee Foster Wheeler is committed to helping our clients look for
ways to increase the utilization of existing resources, make minor modifications to improve the effectiveness
of their program, or to adapt permit requirements into the existing program . The Amee Foster Wheeler Team
recognizes the City's unique opportunities and challenges and proposes the following phase 2 activities as
part of the overall program implementation . The projects and activities identified in this section are intended
to help the City work towards alternative compliance solutions, improve the cost-effectiveness of the current
program, and to make milestone program updates .
FY2015-2016
(Scope of Services Item 4) Start-up of a web-based Inspection Database: During Team Members
the 2015-2016 reporting year, we propose to migrate the City's current inspection • Brad Michael
program into a proprietary web-based database system . This automated system is • Corev Elliott
currently being implemented into the City of Santa Ana's inspection program and we
propose to utilize the program for the City of San Juan Capistrano , which will also follow the model program
developed by the County of Orange. Only a minor modification is required to adapt the database system to
the San Diego Region MS4 permit requirements . ·
This new system developed by Amee Foster Wheeler has been adopted for a wide variety of projects
including wastewater and drinking water infrastructure mapping projects, storm drain system monitoring
projects , restaurant, automotive, and commercial business inspection programs, a storm water treatment
system inspection program, and more recently a large scale environmental study .
This smart-phone based program allows field inspectors to integrate observations, photographs, and
inspection findings into a single unified electronic record. The benefit to the City for adopting this type of
database system is the flexibility to create a central information system for all inspection programs including
but not limited to: commercial, industrial, residential, construction , municipal, and FOG inspection programs.
Our database system has the option of integrating inspections results onto a GIS platform and can provide
standard reporting outputs in both tabular and graphical formats . Our database program additionally has the
ability to create an inspection schedule for the City PM to review in advance and can send email notifications
to the City PM when inspections are complete and/or to Code Enforcement Officers when a discharge event is
observed during the field program.
(Scope of Serv ices Item 5) ID/IC Investigation at TMDL Outfalls in San Juan Creek :
Preventing human associated bacteria sources from the entering the storm drain
system represents one of the key strategies for changing the Bacteria TMDL
implementation requirements . We recognize an opportunity for the City to adapt the
current Sanitary Sewer Management Plan to support the City's implementation
Team Members
• Ted Von Bitner
• Darcy Ebentier
• Pau l Hartman Attachment 2
Page 20 of35
ATTACHMENT 1, PAGE 20 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
perform a desktop based analysis of the drainage areas within the three priority outfalls identified during the
2011 Doheny Beach/San Juan Creek Source Identification Pilot Project lead by the State Water Resources
Control Board. Our support with this project is intended to assist the City with identifying potential wastewater
infiltration into the storm drain system and to address the high-risk sources of bacteria from these outfalls as
part of the non-storm water discharges monitoring program lead by the County of Orange. This work will
directly support the implementation of the Bacteria TMDL program.
Deliverable: A brief project summary will be included as part of the annual Jurisdictional Runoff Management
Program annual report submitted to the Regional Water Quality Control Board.
(Scope of Services Item 7) Construction Inspection Program Review: The City has Team Members
implemented a construction inspection program which is currently led by the Building • Brent Smith
Inspectors section . Our review of the program during 2014-2015 suggested that • Anna wemet
additional documentation should be generated to fulfill the MS4 permit compliance • Mike Lowther
requirements . We propose to support the City with the Construction Inspections
program by utilizing the existing resources to meet the permit requirements. We will work with the City's
Building Inspectors from the Community Services Department to develop an enhanced tracking and
documentation process to be counted towards the Construction Management program requirements . We will
provide recommendations on additional program training if our review of the inspection program suggests that
additional effort may be needed to fulfill the compliance requirements of the permit. We will continue to review
and update the City's current Construction inventory and work with the inspectors to evaluate changes in the
inventory that may need to be included with the annual report.
Deliverable: One to two page program summary memoranda describing purpose and need for additional
program training within 10 business days of completing program evaluation. Memos are intended to describe
purpose, audience , reason for location, and overall focus of the training event.
FY2017-2018
The 2017-2018 reporting year will bring several potential priorities for the City. Given the uncertainty of the
formal approval process, the 2017-2018 reporting period may include the following major program elements;
.,. The Regional Board may approve the Orange County WQIP , which will require the City's program to adapt
to new compliance implementation and reporting requirements, and
.,. The State Water Resources Control Board is expected to open the solicitation for mun icipalities to apply for
Proposition 1 (Prop 1) funding opportunities during calendar year 2018 . As both a public utility agency and
storm water regulated agency, the Prop 1 funding program offers enhanced opportunities for the City to
implement storm water capture based BMPs conceptualized as part of the WQIP development process.
While these two issues may require attention during the 2017-2018 reporting year, at th is time we do not have
formal information to suggest these processes will not occur during the reporting year nor can we presently
anticipate the program requirements that may need to be implemented. We propose that the 2017-2018
reporting year effort should focus on implementing the core storm water program until such time that we have
a better understanding of the timelines for the above activities. We propose to continue tracking these
important items and will work with the Senior Civil Engineer should these priorities occur during the reporting
period .
FY2018-2019
The 2018-2019 reporting year will also present several potential priorities for the City. Given the uncertainty
of the formal approval process , the 2017-2018 reporting period may include the following major program
elements;
.,. The Regional Board has informally announced they are likely to include the statewide amendments on
trash control into the MS4 permit with the adoption process expected in late 2018, and
While these issues may require attention during the 2018-2019 reporting year, at this time we do not have
formal information to suggest these processes will not occur during the reporting year nor can we presently
anticipate the program requirements that may need to be implemented . We propose that the 2018-2019
reporting year effort should focus on implementing the core storm water program until such time that we have
a better understanding of the timelines for the above activities. We propose to continue tracking these
important items and will work with the Senior Civil Engineer should these priorities occur during the reportina
period . A ttachm ent 2
Page 21of 35
ATTACHMENT 1, PAGE 21 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
S chedule of Program Implementation
Scope of Fiscal Year
Services Scope of Services Item 2015-2016-2017-2018-Number 2016 2017 2018 2019
i Program Management x x x x
i Participate in Stakeholder Meetings x x x x
I Transitional Monitoring Program x x Suooort
i WQIP Monitoring Program SupporfaJ x x
ii WQMP Plan Check x x x x
iii Public Education and Outreach x x x x
iii Annual Creek Clean Up Event x x x x
Iv Commercial and Industrial Inspections x x x x
iv Resident ial and Municipal Inspections x x x x
iv Inspection Database Support x x x x
v ID/IC Investigative Assistance x x x x
v ID/IC Investigation of TMDL Priority Outfalls x
vi Transitional Annual Report Preparation x x
vi WQIP Annual Report Preparation(a) x x
Vii General Permit Compliance and x x x x Technical Suooort
vi i WQIP Development Support(b) x x x
vii BMP Design Manual Update x
vi i Local Implementation Plan Update x
Note: (a) Implementation of the approved WQIP MS4 program is contingent upon Regional Board approval of the Plan submitted by the
Orange County municipal permittees . (b) WQIP support may continue through the latter part of calendar year 2017 .
Quality Assurance Review
Water quality plans and reports are typically complicated documents that require input from a number of
experts and include analysis of data from multiple sources . The Amee Foster Wheeler Team has developed a
document production and review process over years of working with a large number of team members to
produce coherent documents with a consistent voice.
The process begins with task leads and key experts drafting specific portions of a document with staff
assistance. The Project Manager coordinates this stage of the process by communicating the overall goals of
the document and providing clear direction for the content of each component. The Project Manager and
Project Principal review these components during their development and guide the task leads toward the
overall goals . A senior engineer or scientist is assigned to compile the various porti ons of the do cu me nt. One "'
compiled, a technical editor reviews the document for cons istency in termi no logy, vo ice, grammar , an A ttac hm ent 2
accessibility . Our approach has helped us to consistently deliver high quality docume nt s th at meet or exc eed Page 22 of35 .. .. -..
ATTACHMENT 1, PAGE 22 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
Proposed Approach for Managing Resources
Amee Foster Wheeler's proposed Project Manager for this contract is Ted Von Bitner. Dr. Von Bitner and he
will be available full-time for this contract beginning in November 2015 and during the life of the contract. Dr.
Von Bitner lives and works in the south Orange County area and will at all times be available within three
hours of notice by the City.
Communication with the City. Mr. Von Bitner will provide a detailed Communications Plan that will be
developed within 30 days of contract award and distributed to all team members and City staff. This plan will
detail the strategy for communicating with the City's Project Manager (when , what, and who) and the
objectives for communications. At a minimum, this will include:
... Regular (e .g ., monthly, or more frequent if necessary) meetings with City Project Manager .
... Regular work periods (e.g. two days per month) at the City offices to provide additional opportunities for
coordination between the Amee Foster Wheeler's Project Manager and City staff .
... As-needed phone call and e-mail updates to City Project Manager or, if needed, Public Works and Utilities
Department staff.
... Monthly written status reports to the City Project Manager and, if requested, individual City staff.
Communication and Management Strategies within the Proposed Team . Communication and
Management Strategies within the Proposed Team will include :
... Regular meetings with all team members, including representatives from LWA (if needed, via conference
call), to discuss project status, and upcoming events and deliverables .
... Shared Project files outlining project tasks and deliverables on a network drive everyone can access .
... Global calendar in Outlook for every member of the team to input his or her pertinent information, such as
conference calls, meetings or vacation schedules.
... Staffing plan with clearly defined roles and training, educational, and experience requirements .
... On-line project management based accounting system for tracking financial information.
... Use of a dedicated Project Controller to track key financial metrics and provide budgeting forecasts and
updates to the Project Manager.
Attachment 2
Page 23 of35 ATTACHMENT 1, PAGE 23 OF 35
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained 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.
14
61147.02100\10974777.1
Attachment 2
Page 24 of35 ATTACHMENT 1, PAGE 24 OF 35
amec
foster
wheeler
Fee Proposal for Environmental and
Storm Water Quality Compliance Program
To: Hossain Ajideh, P.E.
City of San Juan Capistrano -Public Works & Utilities Department
Date October 9, 2015, revised October 28, 2015
From : Ted Von Bitner, Associate Scientist
Amee Foster Wheeler Environment & Infrastructure Inc.
Attachment 2
Page 25 of35 ATTACHMENT 1, PAGE 25 OF 35
amec
foster
wheeler
Should you have any questions regarding either the Fee proposal, Amee Foster Wheeler's Project Manager
Ted Von Bitner will be your primary point of contact. Correspondence can be sent to him at our address listed
below or he may be contacted at (858) 514 -7741 or by fax: (858) 278-5300 and his email address is
theod ore .vonbi ln er @am ec .co m .
Sincerely,
Amee Foster Wheeler Environment & Infrastructure, Inc.
Theodore Von Bitner,
Water Resources Project Manager
Amee Foster Wheeler Environment & Infrastructure, Inc.
9177 Sky Park Court
Nathan Schaedler, P.E.
Water Resources Division Manager
Attachment 2
Page 26of35
TheS9 date, rurnished in connection with this prtiposa/ shall not be dlso.u.ou uu•~· .... u .. , ~
San Juan Capistrano and shall not be duplics/Bd, ussd, or disclosed in whole or in palf for any
other purpose than to evaluate the pmpossl; pmvided, that if a contnict is awatded to this o"emr
ATTACHMENT 1, PAGE 26 OF 35
Exhibit A. Fee Proposal for
Environmental and Storm Water Quality
Compliance Program
Table of Contents
1. Synopsis of Fee Proposal
2. Schedule of Hourly Rates
3. Summary of Work Plan for Evaluating the Program Cost
Estimate
4. Program Cost Estimate
amec
foster
wheeler
4
5
7
8
Attachment 2
Page 27of35 ATTACHMENT 1, PAGE 27 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
1. Synopsis of Fee Proposal
The Fee Proposal presented in this document follows the Schedule of Program Implementation presented in
the table below and follows the Scope of Services items provided in the RFP .
Schedule of Program Implementation
Scope of Fiscal Year
Services Scope of Services Item 2015- 2016-2017-2018-
Number 2016 2017 2018 2019
i Program Management x x x x
i Participate in Stakeholder Meetings x x x x
i Transitional Monitoring Program x x Suooort
i WQIP Monitoring Program Supporf6 J x x
ii WQMP Plan Check x x x x
iii Public Education and Outreach x x x x
iii Annual Creek Clean Up Event x x x x
iv Commercial and Industrial Inspections x x x x
iv Residential and Municipal Inspections x x x x
iv Inspection Database Support x x x x
v ID/IC Investigative Assistance x x x x
v ID/IC Investigation of TMDL Priority Outfalls x
vi Transitional Annual Report Preparation x x
vi WQIP Annual Report Preparation(a ) x x
vii General Permit Compliance and Technical x x x x Suooort
>
vii WQIP Development Support(b) x x x
vii BMP Design Manual Update x
vii Local Implementation Plan Update x
Note : (a) Implementation of the approved WQIP MS4 program is contingent upon Regional Board approval of the Plan submitted by the
Orange County municipal permittees. (b) WQIP support may continue through the latter part of calendar year 2017.
Narrative Rendition of the Fee Proposal
Our Fee Proposal to assist with the City's storm water program (Program) is based on the Schedule shown
above, and based on the Work Plan described in Section 4 of the technical proposal. Our estimated cost for
performing this work is separated into annual program costs as follows;
• Year 1: $56,570
• Year 2 : $56 ,570
• Year 3 : $44,940
• Year 4: $44,940
Our average cost per year following this proposed program is $50,755. Our Schedule of Hourly Rates for
performing the work is provided in Section 2 of this proposal. Our estimated cost for the stormwater program,
following the format of Exhibit A of the RFP, assuming a four year contract time period, is provided in Section
3 of this proposal. Attachment 2
Page 28 of 35 ATTACHMENT 1, PAGE 28 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
2. Schedule of Hourly Rates
The Schedule of Hourly Rates for Amee Foster Wheeler staff is presented in the table below .
Amee Foster Wheeler Environment & Infrastructure . Inc .
City of San Juan Capistrano
Rates for Environmental and Stormwater Quality Compliance Program Services
PROFESSIONAL SERVICES
CLIENT agrees to reimburse Amee Faster Wheeler far all hours worked by professionals at the following classifications and associated
hourly labor rates. Far expert witness testimony and related services in connection with litigation, CLIENT agrees to reimburse Amee
Foster Wheeler for all hours worked by professionals at the following classifications, but at one and one half times the associated hour1y
labor rates .
CONTRACT ROLE
Senior Principal EngineerfSclentist
Associate Project Manager EngineerfScientist
Senior 2/Engineer f Scientist
Senior 1fEngineerfScientist
Staff 3 Engineer I Scientist
Staff 2 Engineer I Scientist
Staff 1 Engineer I Scientist
Senior Technician
Field Technician
Senior Project ControllerfCoordinator
Project Coordinator
Technical Writer
GIS Programmer
Inspector, Lead
Inspector, Technician
RATE/HOUR
$185
$160
$140
$130
$110
$105
$95
$85
$80
$125
$65
$85
$95
$100
$90
OTHER DIRECT EXPENSES: CLIENT agrees to reimburse Amee Foster Wheeler for all other direct expenses incurred at the following
rates, except as otherwise specified by Amee Foster Wheeler in its proposal :
Subcontract Expenses: Supplies or services furnished to Amee Foster Wheeler in support of project
Cost activities by any supplier or finn, except temporary agency or consultant staff charged at above hourly rates
Direct Expenses: Other expenses in support of project activities Cost
Unit Pricing: Any unit pricing work, such as laboratory analysis, in-house equipment rental, etc. will be
Cost
quoted separately
Attachment 2
Page 29 of35 ATTACHMENT 1, PAGE 29 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
The Schedule of Hourly Rates for our subconsultant is presented in the table below.
L A R RY
WALKER
ASSOCIATES
PERSONNEL
Administrative
Technical Assistant
Contract Administrator
Project Staff 1-B
Project Staff l·A
Project Staff 11-B
Project Staff II-A
Senior Staff
Associate
Vice President
President
LARRY WALKER ASSOCIATES
Rate Schedule
Effective July 1, 2015 -June 30, 2016
Rate $/Hour REIMBURSABLE COSTS
$ 75
$ 85
$140
$135
$155
$170
$190
$215
$240
$265
$290
Special Postage and Express
Mall:
Actual expense
Other Direct Costs:
Actual expense
Attachment 2
Page 30 of35 ATTACHMENT 1, PAGE 30 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
3. Summary of Work Plan for Evaluating the Program Cost Estimate
The following Work Plan summary is intended to describe the effort that will performed for each of the Task
costs presented in Section 3. Our propose program includes the following:
Task 1: Program Management
• Assistance with reviewing NPDES and TMDL watershed management plans,
• Representation and advocacy for the City at the San Juan Creek Bacteria TMDL workgroup meetings
per year, and
• Representation and advocacy for the City at the Orange County Stormwater Programs meetings and
during programs lead by the County per year,
• Preparing summary memoranda or written summaries of stakeholder meetings attended.
Task 2: WQMP Reviews
• Providing plan check services for not more than fifteen (15) WQMPs per year
Our proposed fees for providing WQMP plan check services are consistent with the Engineering Fees
currently listed on the City's webpage.
Task 3: Public Education and Outreach
• Organizing and participating in public education and outreach programs in year 1 and year 2 in
addition to the Public Participation program adopted as part of the WQIP development process .
• Implementing a formalized Education and Outreach program in year 3 and year 4 to offset the
reduction in effort following the WQIP development.
• Preparing written program implementation guidelines for City staff to follow.
Task 4: Inspections and Database Support
• Completion of up to sixty (60) inspections per year including preparation of the notification letters, and
submittal of inspection results to the property owners/managers.
• Managing the existing the commercial, industrial, municipal, construction, and residential inventories,
and
• Upgrading the existing inspection database during year 1 .
Task 5: ID/IC Prevention
• Managing and evaluating data generated by inspections, City's Code Enforcement Officers,
monitoring results provided by Orange County, and using GIS visualization techniques to assess
outreach and enforcement efforts,
• Working with City staff to prioritize geographic areas and to coordinate these efforts with the water
conservation program , and
• Implementing a desktop source identification project of priority outfalls flowing to San Juan Creek
during year 1 .
Task 6: Annual Report Preparation
• Preparing the MS4 permit transitional program Jurisdictional Runoff Management Plan annual report,
and
• Preparing the data tables for inclusion in the Orange County Unified Annual Report.
Task 7: General Permit Compliance and Technical Support
•
•
•
Representation and advocacy for the City at the WQIP technical workgroup and Public Participation
meetings,
Revising the BMP Design Manual during year 2 in coordination with the WQIP submittal to the
Regional Board, and
Revising the Local Implementation Plan during year 2 in coordination with the WQIP submittal to the
,.., __ : ___ • ""---..J
Attachment 2
Page 31 of 35 ATTACHMENT 1, PAGE 31 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
4. Program Cost Estimate
The cost estimate presented in this section of the proposal represents the overall cost estimate for
implementing the City's storm water program for a period covering four years in duration.<a,b)
Task labor Est . Hourly
Categories Hours Rate($)
Senior Principal Engineer/Scientist $185 .00
Associate Project Manager Engineer/Scientist $160 .00
Senior 2 Engineer/Scientist $140 .00
Senior 1 Engineer/Scientist $130.00
Staff 3 Engineer/Scientist $110.00
Staff 2 Engineer/Scientist $105 .00
Staff 1 Engineer/Scientist $95 .00
1. Program Senior Technician $85.00
24 Management* Field Technician $80.00
Sr Project Controller/Coard. $125.00
Project Coordinator/Admin. $65.00
Technical Writer $85.00
GIS Programmer $95 .00
Inspector, Lead $100.00
Inspector, Technician $90.00
(LWA) Senior Staff $215 .00
Total not to 95 exceed, Task 1
Senior Principal Engineer/Scientist $185.00
Associate Project Manager Engineer/Scientist $160 .00
Senior 2 Engineer/Scientist $140.00
Senior 1 Engineer/Scientist $130 .00
Staff 3 Engineer/Scientist $110 .00
Staff 2 Engineer/Scientist $105 .00
Staff 1 Engineer/Scientist $95 .00
2. WQMPPlan Senior Technician 60 $85.00 Check Support
Field Technician $80 .00
Sr Project Controller/Coord. $125 .00
Project Coordinator/ Ad min. $65.00
Technical Writer $85.00
GIS Programmer $95 .00
Inspector, Lead $100 .00
Inspector, Technician $90.00
Total not to 240 exceed, Task 2
Task Cost
$3,759
$15,035
$8,400
$33,600
Attachment 2
Page 32 of35 ATTACHMENT 1, PAGE 32 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
Task Labor Est. Hourly
Categories Hours Rate($)
Senior Principal Engineer/Scientist $185.00
Associate Project Manager Engineer/Scientist $160.00
Senior 2 Engineer/Scientist $140.00
Senior 1 Engineer/Scientist $130.00
Staff 3 Engineer/Scientist $110 .00
Staff 2 Engineer/Scientist $105 .00
Staff 1 Engineer/Scientist $95.00
3. Public Senior Technician 53 $85.00 Education*
Field Technician $80.00
Sr Project Controller/Coard. $125 .00
Project Coordinator/Admin. $65.00
Technical Writer $85 .00
GIS Programmer $95 .00
Inspector, Lead $100.00
Inspector, Technician $90.00
Total not to 210 exceed, Task 3
Senior Principal Engineer/Scientist $185.00
Associate Project Manager Engineer/Scientist $160 .00
Senior 2 Engineer/Scientist $140.00
Senior 1 Engineer/Scientist $130.00
Staff 3 Engineer/Scientist $110.00
Staff 2 Engineer/Scientist $105.00
4. Inspections Staff 1 Engineer/Scientist $95.00
and Database Senior Technician 98 $85.00
Support (c} Field Technician $80.00
Sr Project Controlter/Coord . $125 .00
Project Coordinator/Admin. $65.00
Technical Writer $85 .00
GIS Programmer $95.00
Inspector, Lead $100.00
Inspector, Technician $90.00
Total not to 392 exceed , Task 4
Task Cost
$6,500
$26,000
$10,460
$41,840
Attachment 2
Page 33 of35
ATTACHMENT 1, PAGE 33 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
Task Labor Est. Hourly
Categories Hours Rate($)
Senior Principal Engineer/Scientist $185.00
Associate Project Manager Engineer/Scientist $160.00
Senior 2 Engineer/Scientist $140.00
Senior 1 Engineer/Scientist $130.00
Staff 3 Engineer/Scientist $110.00
Staff 2 Engineer/Scientist $105.00
Staff 1 Engineer/Scientist $95.00
5. ID/IC Senior Technician 54 $85.00 Prevention (d)
Field Technician $80.00
Sr Project Controller/Coard. $125 .00
Project Coordinator/Admin . $65.00
Technical Writer $85.00
GIS Programmer $95.00
Inspector, Lead $100.00
Inspector, Technician $90.00
Total not to 216 exceed, Task 5
Senior Principal Engineer/Scientist $185.00
Associate Project Manager Engineer/Scientist $160 .00
Senior 2 Engineer/Scientist $140.00
Senior 1 Engineer/Scientist $130.00
Staff 3 Engineer/Scientist $110.00
Staff 2 Engineer/Scientist $105.00
6.AnnualReport Staff 1 Engineer/Scientist $95.00 Preparation and
Program Senior Technician $85.00
Effectiveness 57
Assessment Field Technician $80.00
Sr Project Controller/Coord . $125.00
Project Coordinator/Admin. $65.00
Technical Writer $85.00
GIS Programmer $95.00
Inspector, Lead $100.00
Inspector, Technician $90.00
(LWA) Senior Staff $215.00
Total not to 228 exceed, Task 6
Task Cost
$6,528
$26, 110
$7,520
$29,000
Attachment 2
Page 34 of 35 ATTACHMENT 1, PAGE 34 OF 35
City of San Juan Capistrano -Environmental and Storm Water Quality Program Services
Task Labor Est. Hourly Task Cost Categories Hours Rate($)
Senior Principal Engineer/Scientist $185.00
Associate Project Manager Engineer/Scientist $160.00
Senior 2 Engineer/Scientist $140.00
Senior 1 Engineer/Scientist $130.00
Staff 3 Engineer/Scientist $110.00
Staff 2 Engineer/Scientist $105.00
7. General Permit Staff 1 Engineer/Scientist $95.00
Compliance and Senior Technician $85.00 Technical 51 $7,859
Guidance Field Technician $80.00
Support (e,f) Sr Project Controller/Coord. $125.00
Project Coordinator/Admin. $65.00
Technical Writer $85.00
GIS Programmer $95.00
Inspector, Lead $100.00
Inspector, Technician $90.00
(LWA) Senior Staff $215.00
Total not to 205 $31,435 exceed, Task 7
Prop<Msd Total Not to Exceed Cost of Service (T•k• 1-7} 1586 $203,020
Notes:
a. The estimate provided under each Task header(*) is the yearly average budget for each scope item.
b. The cost estimate provided above under the Total not to exceed line item for each task is the estimated
budget for the duration of the four (4) years program .
c. Task 4: The fee estimate to upgrade the inspection database to our web-based system is $5,040, which
represents a one-time cost for the duration of the program.
d. Task 5: The fee estimate for performing the project titled "ID/IC Investigation ofTMDL Outfalls in San Juan
Creek" is $9,910 , which represents a one-time cost for the duration of the program.
e. Task 7: The fee estimate for preparing the revised Local Implementation Plan is $14,080 which represents
a one-time cost for the duration of the program.
f. Task 7: The fee estimate for preparing the revised BMP Design Manual is $5,975 which represents a one-
time cost for the duration of the program .
Attachment 2
Page 35 of35
ATTACHMENT 1, PAGE 35 OF 35
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT TO PERFORM AS-NEEDED
SERVICES FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE
PROGRAM
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
AMEC FOSTER WHEEELER ENVIRONMENT AND INFRASTRUCTURE, INC.
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement to Perform As-needed
Services for~vironmental and Storm Water Quality Compliance Program is made and entered into
as of this ~'f' day of July , 2017, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Amee Foster Wheeler
Environment & Infrastructure Inc., 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."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"Professional Services Agreement for Environmental and Storm Water Quality Compliance Services
dated December 1, 2015 ("Agreement") for the purpose of retaining the services of Consultant to
provide Environmental and Storm Water Quality Compliance Program.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
extend the term and amend the fee as per the approved City Council Action dated December 1, 2015.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3,
Additional Work, of the Agreement.
3. Terms.
3 .1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
61147.02100124464451.1
Page 1 of3
Attachment 3
Page 1 of3 ATTACHMENT 2, PAGE 1 OF 14
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance
with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by Consultant under this
Agreement exceed the sum of $158,080. Consultant shall not perform services
requiring the use of Contingency funds without the City's prior approval. 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.
3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice form the City to proceed ("Notice to
Proceed"). The term of this Agreement shall commence on January 1, 2016 and shall expire
on June 30, 2018. Consultant shall complete the services required hereunder within the term
of this Agreement. The Notice to Proceed shall set forth the date of commencement of work.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3 .4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.5 Severabili!y. If any portion of this Amendment No. 1, is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of3
61147.02100124464451.1
Attachment 3
Page 2 of3
ATTACHMENT 2, PAGE 2 OF 14
SIGNATURE PAGE FOR AMENDMENT N0.1 TO THE PROFESSIONAL SERVICES
AGREEMENT TO PERJ.l'ORM AS-NJCgDED SERVICES ll'OR ENVIRONMENTAL AND
STORM WATER QUALITY COMPLIANCE PROGRAM
BETWEEN THE CITY or SAN JUAN CAPISTRANO
AND AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE, INC.
CITY OF SAN JUAN CAPISTRANO AMEC FOSTER MIES.ER
;&;?f ENVIRONMENT AND
INFRASTRUCTURE, INC.
~
Signature
Date Theodore Von Bitner
Name
Ayociate Protect Manager
Title
a~Clertc Julv 21. 2017
Approved As To Fonn~ ~
Date
PapJ ofJ
61147.0'll00\24464451.1
Attachment 3
Page 3 of3
ATTACHMENT 2, PAGE 3 OF 14
AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
(FORMERLY AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE,
INC.)
1. Parties and Date.
This Am ndm i.:::nl o. 2 l the Prol essional Service g reement fi <:(~o nmental and Storm
Water Quality o m p lian ce Se rv ices is mad e and entered into a s of this ay of May, 2018, by
and between the City of San Juan Capistrano, a municipal organization organized under the laws of
the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, California 92675 ("City") and Wood Environment & Infrastructure Solutions, Inc., a
Nevada corporation, with its principal place of business at 121 Innovation Drive, Suite 200, Irvine,
CA 92617 ("Consultant"). City and Consultant are sometimes individually referred to as "Party"
and collectively as "Parties."
2. Recitals.
2.1 Con ·ul tant. The City and Consultant have entered into an agreement entitled
"Professional Service Agreement for Environmental and Storm Water Quality Compliance Services"
dated December 1, 2015 ("Agreement") for the purpose of retaining the services of Consultant to
provide environmental and storm water quality compliance services.
2.2 Amendm e nt Purpose . The City and Consultant desire to amend the Agreement as a
result of Consultant's corporate name change from Amee Foster Wheeler Environment &
Infrastructure, Inc., to Wood Environment & Infrastructure Solutions, Inc.
2.3 Amendme nt uth rit y . This Amendment No. I is authorized pursuant to Section 23
of the Agreement.
3. Terms.
3.1 Amendment. All references to "Amee Foster Wheeler Environment & lnfrastrncture,
Inc." <md "Amee Foster Wheeler" in the Agreement, including any amendments thereto. shall be
Page l of 3
61147 .02100131093977 I
Attachment 4
Pagel of 4 ATTACHMENT 2, PAGE 4 OF 14
replaced in full with "Wood Environment & Infrastructure Solutions, Inc."
3.2 Conti nuing Effect of A gree me nt. Except as amended by Amendment No. 1 and this
Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall
govern the actions of the Parties under this Amendment No. 2. From and after the date of this
Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the
Agreement as amended by Amendment No. 1 and this Amendment No . 2.
3.3 Adequ ate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 2.
3 .4 Severabiti1y. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of3
61147.02100\31093977 .1
Attachment 4
Page 2 of 4
ATTACHMENT 2, PAGE 5 OF 14
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT
FOR ENVIRONMENT AL AND STORM WATER QUALITY COMPLIANCE SERVICES
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
(FORMERLY AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE,
INC.)
CITY OF SAN JUAN CAPISTRANO
Approved By:
Date
1 \'
Approved As To Form :
City Attorney
61147 02100\31093977 l
WOOD ENVIRONMENT &
INFRASTRUCTURE SOLUTIONS, INC. ------=
Signature
Theodore W . Von Bitner
Name
Associate Project Manager
Title
May 15. 2018
Date
Page 3 of3 Attachment 4
Page 3 of 4
ATTACHMENT 2, PAGE 6 OF 14
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT
FOR ENVIRONMENT AL AND STORM WATER QUALITY COMPLIANCE SERVICES
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
(FORMERLY AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE,
INC.)
CllY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
61147.02100\31093977 I
WOOD ENVIRONMENT &
INFRASTRUCTURE SOLUTIONS, INC.
Signature
Name
Title
Date
Page 3 of3 Attachment 4
Page 4 of 4
ATTACHMENT 2, PAGE 7 OF 14
AMENDMENT NO. 3
TO THE PROFESSIONAL SERVICES AGREEMENT
FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES
. BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
(FORMERLY AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE,
INC.)
1. Parties and Date.
This Amendment No. 3 to the Professional_ Service Agreement for Environmental and Storm
Water Quality Compliance Services is made and entered into as of this pt day of July, 2018, by and
between the City of San· Juati Capistrano, a municipal organization organized under the laws of the
State of California with its principal place of business at 32400 Paseo Adelanto, San Juan '
Capistrano, California 92675 · ("City") and Wood Environment & Infrastructure Solutions, Inc., a
Nevada corporation, with its principal place of business at 121 Innovation Dnve, Suite 200, Irvine,
CA · 92617 ("Consultant"). City and Consultant are sometimes individually referred to as "Party"
and collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have. entered into an agreement entitled
"Professional Service Agreement for Environmental and' Storm Water Quality Compliance Services"
dated December 1, 2015 ("Agreement") for the purpose of retaining the services of Consultru{t to
provide environmental and storm water quality compliance services.
2.2 Amendment Purpose. The City and Consultant desire to aniend the Agreement to
'extend the term and amend the fee as approved by City Council Action dated December 1, 2015.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Sections 3,
Additional Work, and 23, Entire Agreement, of the Agreement. ·
3. . Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended i11-its entirety to read as
follows:
61147 .02100\31239868 .2
Page I of3 Attachment 5
Page 1 of3 ATTACHMENT 2, PAGE 8 OF 14
2. Compensat ion.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance
with the ~chedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by Consultant under this
Agreement exceed the sum of $203,020 . Consultant shall not perform services
requiring the use of Contingency funds without the City's prior approval. 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 receipf 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.
3.2 Amendment. S_ection .5 of the Agreement is hereby amended in its entirety to read as
follows:
5. Time of Performance.
Consultant shall perform its services in a prompt and timely. manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
The term of this Agreement shall commence on January 1, 2016 and shall expire on June
30, 2019. Consultant shall complete the services required hereunder within the term of this
Agreement. The Notice to Proceed shall set forth the date of commencement of work.
..
3.2 Continuin g Effect of Aereement. Except as amended by Amendment No. 1
Amendment No. 2 and this Amendment No. 3, all other provisions of the Agreement remain in full
force and effect and shall govern the actions of the Parties under this Amendment No. 3. From and
after the date of this Amendment No. 3, whenever the term "Agreement" appears in the Agreement,
it shall mean the Agreement as amended by Amendment No. 1, Amendment No. 2 and this
Amendment No. 3.
3.3 Ad equate Considerati on. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
·they have undertaken pursuant to this Amendment No. 3.
, 3 .4 Severabili ty . If any portion of this Amendment No. 3 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of3
61147 .02100\31239868 .2
Attachment 5
Page 2 of3 ATTACHMENT 2, PAGE 9 OF 14
r ·---··· .. _ .... ·-...... .
! .
·--··"-.... ···-------------------~---.
I
· I
...
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
. . . A(;REEMENT . . .
FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES • > • .
BETWEEN THE CITY OF SAN ,JU~ CAPISTRANO ·
AND-WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
(FORMERLY AMEC FOSTER WHEELER ENVIRONMENT .. AND INFJlASTRUCTURE,
. INC.)
CITY OF SAN JUAN C PISTRANO
Approved By:
Date ~. .
·'· ·-· .... ·:...·
..
WOOD' ENVIRONMENT' &
. · INFRASTRUCTURE SOLUTIONS, INC.
· .. ·~··
. Signature · --· //./F~(JblU: 'Vtt: vo ~ t51r~£,c.
' Name
· i:Js'soc.JA7€ /?£0-:Jecr ~AAa&~
Title
Date
.·
.·
"
.·
61147.02100\31~3986~.1
·Pagel of3 · Attachment 5
Page 3of3 · ATTACHMENT 2, PAGE 10 OF 14
ATTACHMENT 2, PAGE 11 OF 14
ATTACHMENT 2, PAGE 12 OF 14
ATTACHMENT 2, PAGE 13 OF 14
ATTACHMENT 2, PAGE 14 OF 14
‘Wood’ is a trading name for John Wood Group PLC and its subsidiaries
Wood Environment & Infrastructure Solutions, Inc.
9177 Sky Park Court
San Diego, CA 92123
T: 858-278-3600
www.woodplc.com
Joe Parco, PE, City Engineer
Public Works and Utilities Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Subject: Letter of Intent for the Renewal of the Agreement for Water Quality Program As-Needed
Technical Support Consultant Services
Dear Mr. Parco.
Wood Environment & Infrastructure Solutions, Inc. (WOOD) is very pleased to learn that the City of San
Juan Capistrano (CITY) intends to renew the Professional Services Agreement for NPDES Program
consulting assistance. WOOD intends to continue honoring the terms of the agreement authorized by
City Council on May 21, 2019 during the renewal agreement period of performance from July 1, 2021 to
June 30, 2023.
WOOD’s services during the renewal period will continue to focus on providing technical support
consultant services to the CITY and the Public Works Department on an as-needed basis. WOOD
understands that consultant services are contingent upon the availability of funding and limited to
projects identified by staff as needing consultant assistance. WOOD’s staff have worked well with you,
Mr. Hohnbaum, and the other CITY staff over the past two-years and we fully expect to continue the same
level of quality and timely delivery during the next two years.
WOOD’s proposes to maintain the same rates during the next contract term as was accepted by the City
for the July 1, 2019 to June 30, 2021 period of performance as listed in Attachment 1.
WOOD very much looks forward to supporting the CITY during the next contract term and we want to
thank you again for this great opportunity. Please contact me at (949) 363-3232 or by email to
Theodore.VonBitner@woodplc.com if you have any questions regarding this Letter of Intent
Yours truly,
Theodore Von Bitner, PhD
Senior Associate Project Manager
ATTACHMENT 3, PAGE 1 OF 2
‘Wood’ is a trading name for John Wood Group PLC and its subsidiaries
Wood Environment & Infrastructure Solutions, Inc.
9177 Sky Park Court
San Diego, CA 92123
T: 858-278-3600
www.woodplc.com
Attachment 1. Rates for Water Quality Program Technical and Program Implementation
Services
PROFESSIONAL SERVICES. CITY agrees to reimburse WOOD for all hours worked by professionals at the
following classifications and associated hourly labor rates. For expert witness testimony and related services in
connection with litigation, CITY agrees to reimburse WOOD for all hours worked by professionals at the following
classifications, but at one and a one-half times the associated hourly labor rates. CITY agrees to reimburse Wood
Environment & Infrastructure Solutions, Inc. for all hours worked by professionals as required by law, with the
exception of those staff required by law (*) at one and one half times the associated hourly labor rates
CONTRACT ROLE RATE PER HOUR
Principle Engineer/Scientist $250
Senior Associate Engineer/Scientist $190
Associate Project Manager/Engineer/Scientist $170
Senior 2/Engineer / Scientist $150
Senior 1/Engineer/Scientist $130
Staff 3 Engineer / Scientist $120
Staff 2 Engineer / Scientist $110
Staff 1 Engineer / Scientist $105
Senior Technician* $105
Field Technician* $80
Senior Project Controller/Coordinator $130
Project Support/Coordinator* $85
Technical Writer $100
GIS Programmer $120
GIS/CADD Drafter $80
Inspector, Lead $120
Inspector, Technician* $105
OTHER DIRECT EXPENSES: CLIENT agrees to reimburse WOOD for all other direct expenses incurred at the
following rates, except as otherwise specified by Wood Environment & Infrastructure Solutions, Inc. in its
proposal:
Subcontract Expenses: Supplies or services furnished to WOOD in support of project activities by
any supplier or firm, except temporary agency or consultant staff charged at above hourly rates Cost
Direct Expenses: Other expenses in support of project activities Cost
Unit Pricing: Any unit pricing work, such as laboratory analysis, in-house equipment rental, etc.
will be quoted separately Cost
ATTACHMENT 3, PAGE 2 OF 2
ATTACHMENT 4, PAGE 1 OR 1
RESOLUTION NO. 21-05-18-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO WAIVE THE FORMAL REQUEST FOR
PROPOSAL/REQUEST FOR QUALIFICATION (RFP/RFQ) PROCESS AS
A NON COST-EFFECTIVE APPROACH, AND AUTHORIZING STAFF TO
PROCEED WITH AN AMENDMENT TO THE EXISTING PERSONAL
SERVICES AGREEMENT WITH WOOD ENVIRONMENT &
INFRASTRUCTURE SOLUTIONS INC., ENVIRONMENTAL AND STORM
WATER QUALITY COMPLIANCE SERVICES
WHEREAS, the City entered into a Professional Services Agreement with Wood
Environment & Infrastructure Solutions Inc. (Wood) – formerly AMEC Foster Wheeler
Environment and Infrastructure, Inc., for environmental and storm water quality
compliance services on May 19, 2015 (“Agreement”); and
WHEREAS, the Agreement is presently set to expire on June 30, 2021, and
WHEREAS, the City wishes to extend the term of the Agreement to June 30, 2023;
and
WHEREAS, environmental and storm water quality compliance is critical in
meeting federal and state regulations. These services also improve the quality of life,
protects habitat and the environment, and ensures an aesthetically pleasing environment
for residents and visitors of the community; and
WHEREAS, Section 3-4.304b(3) of the San Juan Capistrano Municipal Code
provides that professional service contracts over $25,000 are subject to a formal
RFP/RFQ bid process; and
WHEREAS, Section 3-4.306(e)(3) of the San Juan Capistrano Municipal Code
provides an exception to the formal RFP/RFQ process when extenuating circumstances
would make the formalRFP/RFQ process not the most cost-effective approach; and
WHEREAS, undergoing a formal RFP/RFQ process for environmental and storm
water quality compliance services would not be the most cost-effective approach given
the current economic climate of uncertainty due to the COVID-19 pandemic, Wood’s
familiarity with the City’s standards and requirements and current projects as discussed
in greater detail in the following recital, and given that Wood’s willingness to maintain its
rates from its current contract; and
WHEREAS, Wood is very familiar with City standards and requirements; is able to
effectively manage the City’s critical NPDES program and stay abreast of new permit
requirements; has indicated that it will hold existing pricing for two years; has historical
knowledge and understands unique nuances of service areas; has demonstrated great
ATTACHMENT 4, PAGE 1 OR 2
flexibility to meet stormwater permit requirements; requires minimal staff oversight and
supervision; has provided excellent service to the City; has a strong understanding of
various requirements of the City; is able to perform the services necessary to comply with
directives from City staff; and, can immediately begin performing services without any
substantive ramp up time. Wood has also been the City’s technical advisor on issues
related to the City’s consent decree with the Orange County Coastkeeper, and it is
imperative that Wood continue their advisory role through the closeout of the consent
decree.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS
FOLLOWS:
1. That the foregoing recitals are true and correct and incorporated herein by this
reference.
2. That undergoing a formal RFP/RFQ process at this time for professional
environmental consulting services would not be the most cost-effective approach.
.
3. That Amendment No.5 to the Agreement extending the term of the Agreement is
hereby approved.
4. That the City Manager or his designee is hereby authorized to execute Amendment
No. 5 to the Agreement.
PASSED, APPROVED, and ADOPTED this 18th Day of May 2021.
________________________
John Taylor, Mayor
____________________________
Maria Morris, City Clerk
1
Page 1 of 4
61147.02100\32199392.1
AMENDMENT NO. 5
TO THE PROFESSIONAL SERVICES AGREEMENT
FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
1. Parties and Date.
This Amendment No. 5 to the Professional Services Agreement is made and entered into as of this
18th day of May, 2021, by and between the City of San Juan Capistrano, a municipal organization
organized under the laws of the State of California with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and Wood Environment &
Infrastructure Solutions, Inc., a Nevada corporation with its principal place of business at 1105
Lakewood Parkway, Suite 300 Alpharetta, Georgia 30004 (Consultant). City and Consultant are
sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
“Professional Services Agreement for Environmental and Storm Water Quality Compliance
Services” dated December 1, 2015 (“Agreement”) for the purpose of retaining the services of
Consultant to provide Environmental and Stormwater Quality Compliance Services.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
extend the term in order to allow the Consultant to continue to provide as needed environmental
consulting services related to stormwater compliance as well as to authorize the Consultant to
perform any unanticipated environmental consulting services that are required by Federal or State
law.
2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Sections 3,
Additional Work, and 23, Entire Agreement, of the Agreement.
3. Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
ATTACHMENT 5, PAGE 1 OF 4
2
Page 2 of 4
61147.02100\32199392.1
3.2 Compensation
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the
Schedule of Charges set forth in Exhibit "B."
b. The total compensation shall not exceed the aggregate available funding amount in the City’s
Operating and Capital Improvement Budget and if authorized, will be compensated at the
rates and manner set forth in this Agreement.
c. Consultant shall submit to City a monthly itemized statement which indicates work
completed and hours of services rendered by Consultant. The statement shall describe the
amount of services provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
d. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless
authorized in writing by City.
3.3 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
3.4 Time of Performance. Consultant shall perform its services in a prompt and timely
manner and shall commence performance upon receipt of written notice from the City to proceed
(“Notice to Proceed”). The term of this Agreement shall commence on January 1, 2016 and shall
expire on June 30, 2023. Consultant shall complete the services required hereunder within the term
of this Agreement. The Notice to Proceed shall set forth the date of commencement of work.
3.5 Amendment. Exhibit B of the Agreement is hereby deleted and replaced with the
Exhibit B attached to this Amendment No. 5 and incorporated herein by this reference.
3.6 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by
Amendment No. 1, Amendment No.2, Amendment No. 3, Amendment No. 4, and this Amendment
No. 5.
3.7 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 5.
3.8 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
ATTACHMENT 5, PAGE 2 OF 4
3
Page 3 of 4
61147.02100\32199392.1
SIGNATURE PAGE FOR AMENDMENT NO. 5
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel, City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
WOOD ENVIRONMENT &
INFRASTRUCTURE SOLUTIONS, INC.
Signature
Theodore W. Von Bitner___
Representative
Project Manager ___________
Title
_____ _____
Date
ATTACHMENT 5, PAGE 3 OF 4
4
Page 4 of 4
61147.02100\32199392.1
Exhibit B
Hourly Rate Schedule
Wood Environment & Infrastructure Solutions, Inc.
City of San Juan Capistrano
Rates for Environmental and Engineering Program Services
PROFESSIONAL SERVICES
CLIENT agrees to reimburse Wood for all hours worked by professionals at the following classifications and
associated hourly labor rates. For expert witness testimony and related services in connection with litigation,
CLIENT agrees to reimburse Wood for all hours worked by professionals at the following classifications, but at
one and one half times the associated hourly labor rates.
CONTRACT ROLE RATE/HOUR
Senior Principal Engineer/Scientist $240
Senior Associate Project Manager Engineer/Scientist $210
Associate Project Manager/Engineer/Scientist $180
Senior 2/Engineer / Scientist $160
Senior 1/Engineer/Scientist $155
Staff 3 Engineer / Scientist $130
Staff 2 Engineer / Scientist $120
Staff 1 Engineer / Scientist $110
Senior Technician* $110
Field Technician* $90
Senior Project Controller/Coordinator $150
Project Support/Coordinator* $90
Technical Writer $110
OTHER DIRECT EXPENSES: CLIENT agrees to reimburse Wood for all other direct expenses incurred at
the following rates, except as otherwise specified by Wood in its proposal:
Direct Expenses: Other expenses in support of project activities Cost
ATTACHMENT 5, PAGE 4 OF 4