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23-0321_WSP USA ENVIRONMENT & INFRASTRUCTURE, INC._Agenda Report_E13City 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: March 21, 2023 SUBJECT: Amendment No. 2 to Professional Services Agreement for the Stream Bank Restoration Project (CIP 20203) (WSP USA Environment & Infrastructure Inc.) RECOMMENDATION: Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with WSP USA Environment & Infrastructure Inc. to provide additional design, regulatory support and riparian bird surveys necessary to fulfill the required resource agency permits for the Stream Bank Restoration Project (CIP 20203), for an amount not-to-exceed $44,190. EXECUTIVE SUMMARY: On July 2, 2019, the City Council approved a Professional Services Agreement (PSA) with WSP USA Environment & Infrastructure Inc. (WSP) to provide design and environmental services for the Stream Bank Restoration Project (CIP 20203). A location map is included as Attachment 1. The scope of work included design, project management services, environmental, and resource agency permitting services. However, as a result of changes needed to the original design and additional studies required by the applicable resource agencies, staff is recommending that the City Council approve the proposed Amendment No. 2 to the PSA with WSP to provide additional design services, regulatory support and riparian bird surveys necessary to fulfill the required resource agency permits, in an amount not-to-exceed $44,190 (Attachment 2). 3/21/2023 E13 City Council Agenda Report March 21, 2023 Page 2 of 4 DISCUSSION/ANALYSIS: The Stream Bank Restoration Project will remove and recompact approximately 1,200 linear feet of poorly compacted fill soils that make up the San Juan Creek slope directly adjacent the Riding Park. Due to the nature and location of the project, i.e., within the waters of the United States, resource agency permits are required from the U.S. Army Corps of Engineers, U.S. and California Fish and Wildlife Service (USFWS & CDFW) and the San Diego Regional Water Quality Control Board prior to beginning construction. WSP has completed the design plans and specifications, prepared the environmental documentation necessary for the project, and it is anticipated that the final resource agency permit (CDFW) will be finalized next month. The first resource permit application was submitted in December 2019 with design beginning in January 2020. During the resource agency review process, the City received comments requiring field monitoring and documentation of the potential presence, or absence, of wildlife protected under federal and state regulations for endangered species. Specifically, as established under protocols by the USFWS, riparian bird surveys were conducted during the Least Bell’s Vireo and the Southwestern Willow Flycatcher nesting season as part of the permit application. Based on coordination with CDFW, Protocol Level Surveys for Least Bell’s Vireo (LBV) and Southwestern Willow Flycatcher (SWFL) will be required within two years of the start of construction. LBV surveys require eight site visits at least ten days apart, between April 10 and the end of July 2023. SWFL surveys require five surveys; one in May, one in June, and three in July of this year. Additionally, agency notifications are required in advance of conducting surveys, and WSP will facilitate the notifications on the City’s behalf. WSP will also create an approved report of findings as required under the USFWS permit requirements. The monitoring of these species was not originally anticipated and therefore was not included in the original scope of work for the project. Additional work in the amount of $10,910 is needed in order to complete the Protocol Level Surveys as required by the CDFW. Moreover, since the original design began in January 2020, project site conditions have changed necessitating alterations to the original design of the project. Particularly, due to the increased groundwater levels in San Juan Creek, provisions for a dewatering plan will be needed in order to construct the improvements for the Streambank Restoration Project. The plans and specifications will also need to be updated based on newly approved resource agency permits. Additionally, the current operator of the Riding Park is working with the Santa Margarita Water District to design a Concentrated Animal Feeding Operation (CAFO) Stormwater Treatment system at the Riding Park facility to be built concurrently with the City’s project. Consequently, as a result of the changes described above, $33,280 is needed in order to complete the required revisions to the original plans and specifications. City Council Agenda Report March 21, 2023 Page 3 of 4 FISCAL IMPACT: The proposed Amendment No. 2 to the PSA with WSP to accommodate new project conditions would increase the WSP contract for the Stream Bank Restoration Project (CIP 20203) by $44,190, for a total contract not-to-exceed amount of $211,857.50. There is adequate funding available in the project budget to cover the proposed costs. ENVIRONMENTAL IMPACT: Not Applicable. PRIOR CITY COUNCIL REVIEW: • On June 2, 2020, the City Council approved Amendments (No. 1) to the Professional Services Agreements with WSP (formerly - Wood Environment & Infrastructure Solutions, Inc.) to provide additional regulatory support and riparian bird surveys necessary to obtain the required resource agency permits for both the San Juan Creek Arizona Crossing Removal Project (CIP 20202) and Stream Bank Restoration Project (CIP 20203). • On March 17, 2020, the City Council adopted a resolution approving the Mitigated Negative Declaration/Mitigation Monitoring Reporting Program for the San Juan Creek Arizona Crossing Removal Project (CIP 20202) and the Stream Bank Restoration Project (CIP 20203). • On July 2, 2019, the City Council approved the agreements for design and environmental services for the San Juan Creek Arizona Crossing Removal Project (CIP 20202) and the San Juan Creek Stream Bank Restoration Project (CIP 20203) (WSP Environment & Infrastructure Solutions Inc.). • On June 4, 2019, the City Council adopted the budget that included the Seven- Year Capital Improvement Program (CIP) for Fiscal Years 2019-2020 through 2025-2026 that included the San Juan Creek Arizona Crossing Removal Project (CIP 20202) and the Stream Bank Restoration Project (CIP 20203). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review. NOTIFICATION: Ted Von Bitner, WSP Environmental and Solutions, Inc. The Ridland Group Orange County Coastkeeper City Council Agenda Report March 21, 2023 Page 4 of 4 ATTACHMENTS: Attachment 1: Location Map Attachment 2: Proposed Amendment No. 2 to PSA with WSP ATTACHMENT 1, PAGE 1 OF 1 LOCATION MAP STREAM BANK RESTORATION PROJECT Page 1 of 3 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WSP USA ENVIRONMENT & INFRASTRUCTURE INC. 1. Parties and Date. This Amendment No. 2 to the Professional Services Agreement for the San Juan Capistrano Stream Bank Restoration (CIP 20203) is made and entered into as of March 21, 2023, 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 WSP USA Environment & Infrastructure Inc. a Nevada corporation, with its principal place of business at 1075 Big Shanty Rd, Suite 100, Kennesaw, Georgia 30144 (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 Agreement Services” for the San Juan Creek Stream Bank Restoration Project CIP 20203 (“Project”) dated July 2, 2019 (“Agreement”) for the purpose of retaining the services of Consultant to provide engineering and construction support services for the Project. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services and include additional scope as indicated in the attached Exhibit A. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 3 of the Agreement is hereby amended in its entirety to read as follows: In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $211,857.5. 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. ATTACHMENT 2 Page 1 of 11 Page 2 of 3 3.3 Continuing Effect of Agreement. Except as amended by 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.2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 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. 2. 3.5 Severability. 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] ATTACHMENT 2 Page 2 of 11 Page 3 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WSP USA ENVIRONMENT & INFRASTRUCTURE 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 WSP USA Environment & Infrastructure Inc. Signature Name Title Date ATTACHMENT 2 Page 3 of 11 March 13, 2023 Joe Parco, PE City of San Juan Capistrano 30448 Rancho Viejo Road San Juan Capistrano, CA 92675 Subject: Proposed Scope of Services for Rancho Mission Viejo Riding Park at San Juan Capistrano Slope Stabilization Design Plan Specification Update and Bid Package Preparation Dear Mr. Parco, WSP USA Environment & Infrastructure Inc. (WSP) is pleased to propose our engineering services to update the plan, specifications, and estimates (PS&E) package for the Streambank Stabilization and Arizona crossing removal capital improvement projects at the Rancho Mission Viejo Riding Park at San Juan Capistrano. Our services to the City under this scope of services includes conforming the plan set to the resource agency permits, incorporating change resulting from agreements amongst the overlapping interests (City, Ridlands, Santa Margarita Water District), updating design plan specifications and estimates, and preparing the bid package for advertisement by the City. This letter proposal details the scope of work, budget, and schedule for these services. Key personnel for this scope of services are: Task Lead: Richard Bottcher, PE, (619) 8495424, richard.bottcher@wsp.com Project Manager: Ted von Bitner, PhD, (949) 3633232, theodore.vonbitner@wsp.com QA Manager: Martin Spongberg, PhD, PE, PG; (559) 2854369, martin.spongberg@wsp.com Tasks include: 1.Permit Reviews Review all permits and include permit restrictions/ limitations into PS&E so that the project remains in compliance while the contractor is working including: Environmental permits (401, 404, 1602, Biological Opinion) Construction permits (Dewatering, Temporary Diversion, Construction General Permit) Municipal permits (MS4, Sewer Disposal) Encroachment permits (County, City) EXHIBIT A ATTACHMENT 2 Page 4 of 11 Rancho Mission Viejo Riding Park at San Juan Capistrano Scope of Services for Design Plan Specification and Bid Package Preparation March 14, 2023 2.Update Original Design 2.1 Update Plans Update project plans given revised information regarding permits, grading and construction: Revise work limits changed by approximately 5’10’ from the original design (though ProActive’s as-built grading plans are still required) Revise work areas on an estimated 3 plan sheets Show construction ingress/egress Show construction access/haul route (assume no truck turning templates needed) Show restricted areas Identify missing utilities and update base file (coordinate with ProActive) Remove interim drainage design/ berm due to revised grading (Coordinate with ProActive, City, and Ridland) Check 25yr HGL in San Juan Creek with revised grading (use 1 ft freeboard) Revise wash rack note “To be demolished” Revise plans per constructability and environmental permit reviews on an estimated 5 plan sheets. Review the Arizona Crossing Design Plan and revise as necessary. Perform QC Review The specific changes to be made to the plan set include the following: Sheet 2: Calculate and revise Cut and Fill Quantities Sheet 4:Revise Slope Stabilization Alignment Table, Table with Points along Top of Berm, Table with Station Offsets for Top of Berm Sheet 5: 2 cross-sections and plan, show new grading, construction limits, show dewatering area Sheet 6: 2 cross-sections and plan, new grading, construction limits Sheet 7: 2 cross-sections and plan, new grading, construction limits Sheet 8: Revise AZ crossing removal per new survey Sheet 9: Revise 3 cross-sections Sheet 10: Revise to show existing conditions/ photos Sheet 11: Revise per new grading limits Sheets 13, 14: Revise per new grading/ no wash racks/ ingress/egress Sheet 15 Revise per new construction limits/ ingress/egress/ haul route Sheet 16: remove interim grading plan 2.2 Update Specifications Update project specifications given revised information regarding permits, grading, dewatering requirements, diversion requirements and construction including: Review and revise per newest version of Greenbook, Caltrans Standard Specs, Caltrans PPDG Make changes to the specifications based on the constructability and environmental permit reviews Update the submittal list based on changes to the plans QC review ATTACHMENT 2 Page 5 of 11 Rancho Mission Viejo Riding Park at San Juan Capistrano Scope of Services for Design Plan Specification and Bid Package Preparation March 14, 2023 2.3 Update Probable Construction Cost Update the quantities, unit costs, bid item list and perform QC. 3. Prepare Updated Bid Package 3.1 DRAFT Bid Package Check comments from original PS&E, modify PS&E and SWPPP as necessary. Assemble draft bid package and submit. Submittal date is March 8, 2023 and City review period is estimated at 2 weeks. This package will be submitted in electronic version (pdf format) including quantities, plans, specifications with bid item and submittal lists, SWPPP and comment response matrix. 3.2 FINAL Bid Package Review comments received from draft PS&E, perform comment resolution and modify PS&E, as necessary. Assemble Final bid package and submit. Submittal date is March 22,2023. This scope and fee assumes that there will be no comments from the City on the final bid documents and no further revisions are included. This package will be submitted in electronic version (pdf format) including PS&E, SWPPP, NOI and comment response matrix. The SWPPP will also be provided in hard copy format. Exhibit 1 contains additional details on the specific items to be included with Tasks 1 to 3. WSP will complete this work on a time and materials basis in an amount not to exceed $33,280. WSP will commence these services immediately upon receiving a written notice to proceed. The period of performance for this scope of services is March 21, 2023 through March 31, 2024 or until all of completion of Task 1 to Task 3, whichever is sooner and the schedule can be modified by amendment, as necessary. The scope and fee may be modified by amendment, if necessary, and services will be provided on a time and materials basis according to the rate schedule accepted by City Council action on December 13, 2022 for approval of the AE Qualified Bidder list. Please contact me at (949) 363-3232 or theodore.vonbitner@wsp.com if you have any questions. We appreciate the opportunity to support you with this work on this important project. Sincerely, WSP USA Environment & Infrastructure Inc. Ted von Bitner, Ph.D. Project Manager ATTACHMENT 2 Page 6 of 11 Exhibit 1. Limitations All services not expressly included, are excluded from WSP’s Scope of Services. WSP will provide the services described herein using commercially reasonable best efforts consistent with the level and skill ordinarily exercised by members of the profession currently practicing under similar conditions. The quality of information, conclusions, and estimates contained herein is consistent with the level of effort involved in WSP’s services and based on i) information available at the time of proposal preparation, ii) data supplied by outside sources, and iii) the assumptions, conditions, and qualifications set forth in this proposal. Assumptions and Exclusions Plans will be prepared under the responsible charge of a California licensed civil engineer; CAD drawings will conform to the applicable City specifications and standard(s); Level of effort to complete the above tasks are identified in the associated cost estimate spreadsheet; This scope and fee assume that any changes will not result in changes to the construction limits. This scope and fee assume that the changes required are discussed in the MS excel spreadsheet attached to this letter proposal. Any additional changes required and are not mentioned in this scope of work, can be provided for an additional scope and fee. This scope and fee assume that the information needed be provided by others to WSP will be provided when requested by WSP. If needed information is provided after March 21, 2023, then the draft submittal on April 15, 2023 may be delayed. The project will not be considered a “High Priority” project per the National Pollutant Discharge Permit Elimination Systems (NPDES) Permit R9-2015-0100 and a Water Quality Management Plan (WQMP) will not be required. The Risk Level assumed in this scope of work is based on the estimated construction length. If the actual construction length is different and the Risk Level changes, a scope and budget amendment may be necessary to complete this additional task associated with an increase in Risk Level. Non-prevailing wage rates are assumed for all work. Travel time to the project site is based upon trip origination at the WSP Costa Mesa, San Diego, and LA offices. All fees associated with permitting will be paid by the Client; Review comments will be provided to WSP within the period stated within this proposal; and Approval of this scope of services by the City authorizes WSP to transfer budgets between tasks in response to changes in project priorities or changes in technical approach as directed by the City with the total amount of the scope of services not to exceed the amount listed in the attached spreadsheet. Any additional considered out of scope will be discussed with the City prior to WSP beginning work. ATTACHMENT 2 Page 7 of 11 Task LABOR COSTS OTHER DIRECT COSTS TOTAL % TOTAL COST 1.2 Conform Permit terms into Plan set $3,560 $0 $3,560 11% 2.1 Update Plans $15,650 $0 $15,650 47% 2.2 Update Specifications $5,710 $0 $5,710 17% 2.3 Update Probable Construction Cost $4,430 $0 $4,430 13% 3.1 Draft Bid Package $2,110 $0 $2,110 6% 3.2 Final Bid Package $1,820 $0 $1,820 5% TOTAL $33,280 $0 $33,280 100% City of SJC Amendment No. 2 Slope Stabilization Project ATTACHMENT 2 Page 8 of 11 February 16, 2023 Joe Parco, City Engineer Public Works Department City of San Juan Capistrano San Juan Capistrano, CA 92675 Subject: Scope of Services for Biological Monitoring of the proposed Capital Improvement Projects at Rancho Mission Viejo Riding Park Project Dear Joe, WSP USA Environment & Infrastructure, Inc. (WSP) is pleased to present this proposal for endangered species monitoring and reporting services in support of the stream bank stabilization project in San Juan Creek adjacent to the Rancho Mission Viejo Riding Park at San Juan Capistrano (Riding Park) in San Juan Capistrano, California (Project). WSP proposes to perform CRAM monitoring and reporting in compliance with the resource agencies permits. Protocol Level Surveys: Based on coordination with CDFW, Protocol Level surveys for Lest Bell’s Vireo (LBV) and Southwestern Willow Flycatcher (SWFL) will be required within 2 years of the start of construction. LBV surveys require 8 site visits, at least 10 days apart between April 10 and the end of July. SWFL surveys require 5 surveys, one in May, one in June, and three in July. Agency notifications are required in advance of conducting surveys and WSP will facilitate the notifications on the City’s behalf. A USFWS approved report of findings will be prepared under the 10a1A permit requirements. We will provide a copy of any reports submitted to the resource agencies as well as address any comments that agency staff may provide on our submittals. Our detailed breakdown of the proposed budget presented in Attachment A includes an assumption of cost-savings to be provided for this project from City Purchase Order S26787. Key personnel for these tasks are: Technical Lead: Nick Ricono, (858) 735-7083 nick.ricono@wsp.com Project Manager: Ted VonBitner, Ph.D., (858) 514-7741, theodore.vonbitner@wsp.com Assistant Project Manager: Sarah Seifert, (858) 514-7735, sarah.seifert@wsp.com ATTACHMENT 2 Page 9 of 11 WSP will complete this work on a time and materials basis according to contracted hourly labor rates established by the Qualified Bidders List (City Council approved December 13, 2022), not to exceed the annual amounts shown in Attachment A. The annual project schedule for these services assumes a project start date of March 1, 2023 and completion of our services for this project to end no later than August 30, 2023.Please do not hesitate to contact us if you have any questions. We appreciate the opportunity to work with you on this project and we look forward to seeing it through completion. Sincerely, WSP USA Environment & Infrastructure, Inc. Theodore VonBitner, Ph.D., Project Manager ATTACHMENT 2 Page 10 of 11 Attachment A. Proposed Cost Estimate for Biological Monitoring Services Client Name: San Juan Capistrano Project Name: Construction Biological Monitoring Proposal # : Prepared By: Nick Ricono Verified by: (Project Coordinator/ Contracts Dept.)______________ Approved by: __Theodore Von Bitner 2/16/2023 WSP E&IS Direct Labor Labor Rate HRS COST HRS COST CA Natural Resources -$ 0 -$ Principal Scientist 310 -$ 0 -$ Senior Associate Scientist Crawford,Scott ; Ted Von Bitner 250 2 500.00$ 2 500.00$ Associate Project Manager Ricono,Nicholas 215 2 430.00$ 2 430.00$ Senior 2 Scientist 185 -$ 0 -$ Senior 1 Scientist John Green 175 80 14,000.00$ 80 14,000.00$ Staff 3 Scientist Johnson,Aaron T 155 4 620.00$ 4 620.00$ Staff 2 Scientist 145 -$ 0 -$ Staff 1 Scientist 135 -$ 0 -$ Sr Tech 145 -$ 0 -$ Field Tech 115 -$ 0 -$ Senior Controller 170 -$ 0 -$ Controller 120 3 360.00$ 3 360.00$ Tech Writer 135 -$ 0 -$ Graphic Designer 135 -$ 0 -$ Subcontracts 85 -$ 0 -$ -$ 0 -$ Total Direct Labor 91 15,910.00$ 91 15,910.00$ ODCs Unit Pricing Rate Units COST Units COST Reproduction - B & W photocopies & printing 0.12$ -$ 0 -$ Reproduction - colored photocopies and prinitng 2.00$ -$ 0 -$ Reproduction - Binders (varies )15.00$ -$ 0 -$ Computer Use 10.00$ -$ 0 -$ Plotter Use (cost varies)-$ 0 -$ Use of field eqpmt. - (digital camera, etc.)25.00$ -$ 0 -$ Mileage (without markup)0.655$ -$ 0 -$ DVD 6.00$ -$ 0 -$ CD 5.00$ -$ 0 -$ Subtotal UP -$ -$ Total ODCs incl markup -$ -$ Cost-Savings from PO S26787 (5,000.00)$ 0 (5,000.00)$ Grand Total 10,910.00$ 10,910.00$ Project Total Protocol Surveys (LBV and SWFL)Totals Task 1 ATTACHMENT 2 Page 11 of 11