HomeMy WebLinkAbout2011-10-25 CC Item No. 10CITY OF
LAKE ` . LSINO
DREAM EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: OCTOBER 25, 2011
SUBJECT: ENVIRONMENTAL CONSULTING SERVICES AGREEMENT
FOR U.S. ARMY CORPS 404 MITIGATION SITE
Background
Under the conditions of the 404 Permit issued by the U.S. Army Corps of
Engineers (USACE) to the City of Lake Elsinore for the construction of the Boat
Launch Facility Improvement Project, the City is required to implement
compensatory environmental mitigation.
The City's plan to elevate 11.5 acres of the Boat Launch Facility Project site
above Lake Elsinore's ordinary high water mark triggered the compensatory
mitigation requirement by the USACE. The USACE's 404 permit requires the
City to establish an equivalent habitat mitigation area of 11.5 acres.
To satisfy the USACE's compensatory mitigation requirement, the City agreed to
set aside and enhance 11.5 acres of the lower portion of the T-peninsula of the
earthen levee system. City Staff selected this area based on existing land
ownership and unlikely future development. The proposed mitigation site is at a
low elevation (1,244' to 1,247' MSL) and subject to frequent inundation,
rendering the property unbuildable at the current elevations. Furthermore, this
site is inaccessible by public roadways, so the majority of the public would have
limited access to any future improvements. These factors make this location a
better tradeoff than any other potential mitigation site around the Lake.
The Corps agreed to accept the 11.5 acres of the lower T-peninsula as mitigation
for the loss of aquatic resources and habitat provided the City prepare and
implement an acceptable "Habitat Mitigation & Monitoring Plan (HMMP)". The
HMMP report was prepared in 2009 by HDR Consulting under contract to the
City. The Corps accepted the HMMP and issued the City a 404 Clean Water Act
permit in November 2009.
AGENDA ITEM NO. 10
Page 1 of 24
Environmental Consulting Services October 25, 2011
Page 2 of 2
Discussion
City Staff desires to contract with HDR to prepare plans, assist with
implementation and perform the first year biological monitoring consistent with
the Habitat Mitigation & Monitoring Plan approved by the USACE. City Staff has
been pleased with the past services received by HDR in preparing the CEQA
documents and HMMP for the Boat Launch Facility Project. City Staff believes
that HDR's specific experience with the project will ensure a successful mitigation
project.
Biological monitoring of the mitigation site is required for a total of five years.
City Staff intends to place the future biological monitoring required for years 2 - 5
out to bid prior to the next fiscal year.
Under the terms of the proposed Professional Services Agreement between HDR
and the City, HDR would perform the following tasks:
• Prepare Grading Plan
• Prepare Landscape Plan
• Assist with Implementation of the Grading & Landscaping Plans
• Perform a functional assessment utilizing the California Rapid Assessment
Method (CRAM)
• Perform the First Year Biological Monitoring
Fiscal Impact
Approval of this item will result in an expenditure of $45,300 from the Boat
Launch Facility's CIP budget.
Recommendation
Staff recommends approval of the Agreement for Professional Services, subject
to minor modifications as approved by the City Attorney and authorize the City
Manager to execute the agreement.
Prepared by: Pat Kilroy, Director
Lake, Parks and Recreation Department 66r
Approved by: Robert A. Brady, City Manager
Attachments:
• USACE 404 Permit
• Location Map Environmental Mitigation Site
• Agreement for Professional Services
• Exhibit-A HDR Proposal
Page 2 of 24
~ ~ It ~ nrd~ ~ 'lam
LOS ANGELES DISTRICT
U. S, ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY PERMIT
Permittee: Robert A. Brady, City Manager, City of Lake Elsinore
Permit Number: SPL-2006-012024'13V
Issuing Office: Los Angeles District
Note: The term "you" mud its derivaiives, as used in this permit, rneans the permittee or any
ftirture transferee. The; term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official
acting under the authority of the commanding officer,
You Lite at111101-ized to perform work in accordance with the terms and conditions speci Pied
below.
Project Description: To permanently discharge fill material into 11.5 acre(s) of waters of the
U .S, S, in association with the Lake Elsinore. Boat Launch Facility (BLF) rehabilitation project.
Specifically, you are authorized to conduct the following activities affecting waters of
the U.S. (as shown on. enclosed documents):
1. Permanerttty discharge up to 196,000 cubic yards (cv) of fill material, 110,000 cy of
excavated fill material from the 100 year tloodplain of Lake Elsinore and. 26,000 cy of
imported construction material, into 11.5 acres of non-wetland waters of the U.S.;
Dredge up to 26,000 cif of fill material from a 2.2-acre area adjacent to the BLF site;
3. Construct a six-lane boat launching ramp, including launch ramp apron and staging
area (approximately 114 feet wide and 210 feet long);
4. Install a 425-foot floating breakwater/dock system with guide piles;
5. Build two 100-foot boarding floats; and
6. Create the following attendant features: a vehicle/trailer surface parking lot, a four-lane
guttered boat wash with catch basins and drainage lines, afar-stall restroom facility
with barrier-free access, a fish cleansing station, and a landscaped picnic area with
lighting.
Project Location The proposed project site is located at 32040 Riverside Drive within Section 3
w Township 6 South, Range 5 West, of the U.S. Geological Survey Lake Elsinore, California, 7.5
minute topographic quadrangle map within the City of Lake Elsinore, Riverside County, CA
(see Figures 1 through 3, and 6)(latitude: 33.676553° W, longitude: -117.373774' N).
Page 3 of 24
Permit Conditions:
General. Conditions:
1. The Dime limit for completing the authorized activity ends on September 10, 2013. If you find
that you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month before the above date is reached.
YOU nnust maintain the activity authorized by this permit in good. condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification from this permit from this office, which may require restoration
of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of
what you have found. We will initiate the Federal and state coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Hisioric Places.
.1. L' you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. It a conditioned water quality certification has been issued for your project; you most comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
ti. You must allow representatives from this office to inspect the audhorized. activity at any time
deerned necessary to ensure that it is being or has been accomplished with file terrors and
conditions of your permit.
Special Conditions:
1. The Permittee shall mitigate for permanent impacts to 11.5 acre(s) of waters of the U. S.,
through restoration and enhancement of 11.5 acre(s) of waters of the U.S. as described in the
final mitigation plan: "Boat Launch Facility Habitat Mitigation and Monitoring Flan" (dated
April 2009, revised August 2009, and prepared by HDR Engineering, Inc.). The Permittee shall
fully implement this final mitigation plan within 120 days of initiation of work in waters of the
U.S. According to the final mitigation plan, responsible parties would be as follows: a)
Implementation: City Manager, City of Lake Elsinore; b) Performance: City Manager, City of
Lake Elsinore; c) Loner term management: City Manager, City of Lake Elsinore. The Permittee
retains ultimate legal responsibility for meeting the requirements of the final mitigation plan.
Detailed mitigation objectives, performance standards, and monitoring requirements are
described in the above final mitigation plan. Any requirements for financial assurances and!or
Page 4 of 24
long-term management provisions are also described In the above final mitigation plan. Your
responsibility to complete the required compensatory mitigation as set forth in Special
Condition 1 would not be considered fulfilled until you have demonstrated cornpen,satorv
n;itigation project success and have received written verification of that success from the U.S.
Army Corps of Engineers.
2. Within 45 calendar days of complete installation of all mitigation, the Permittee shall submit
to the Corps two copies of a memo indicating the following:
A) Date(s) all mitigation was installed and monitoring was initiated;
I3) Schedule for future mitigation monitoring, implementation and reporting
pursuant to final, Corps-approved HMMP;
C) Summary of compliance status with each special condition of this permit
(including any noncompliance previOUSly occurred or currently occurring and
corrective actions taken to achieve compliance);
D) Color photographs taken at the project site before and after construction for those
aspects directly associated with impacts to waters of the U.S.; and
E) One copy of as built drawings for the entire project, including all mitigation sites
(all sheets must be signed, dated, to-scale, and no larger than 'I I x 17 inches).
DredJ nne
1. For this permit, the terra dredging operations shall mean; navigation of the d,recleing vessel
at the dredging site, excavation of dredged material within the project boundaries, and
placerrent of dredged material into a hopper dredge or disposal barge or scow.
2. For this permit, the maximum dredging design depth (also known as the project depth or
grade) shall be at 1,228 MSL, with a maximum allowable overdredge depth of minus two (2)
feet below 1,228 MSL. No dredging shall occur deeper than 1,226 MSL (dredging design depth
plus overdredge depth) or outside the project boundaries.
J. Upon xccJuest, the Permittee and its contractor(s) shall allow inspectors from the Corps
ard(or) EPA to inspect all phases of the dredging and disposal operations.
4. The permitted activity shall not interfere with the public's right to free navigation on all
navigable waters of the hotted States.
5. If a violation of any permit condition occurs, the violation shall be reported by the Permittee
to the Corps within twenty-four (24) hours. If the Permittee retains any contractors to perform
any activity authorized by this permit, the Permittee shall instruct all Stich contractors that
notice of any violations must be reported to the Permittee immediately.
Page 5 of 24
Further Information:
1. Congressional Authorities. You have been authorized to undertake the activity described.
above pursuant to:
( ) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)-
Z Limits of this authorization.
a. '['his permit does not Obviate the need to obtain other Federal, state, or local authorizations
required by raw.
b. Thispermitdoes not grantany propertylights Or exclusive privileges.
C. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with arty existing or proposed Federal project
3. Limits of Federal Liability. hi issuing this permit, the Federal. Government does not assume
any Ifabilityfor the following:
a D images to the permitted project or uses thereof as a result of other permitted or unpermated
sarvmes or from natmral causes-
b Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the Public interest.
c Dan rages to persons, property, or to other permitted or u.npermitted activities or struchues
caused by the activity authorized by this permit.
Ll. Design or construction deficiencies associated with the permitted. work.
c. Damage claims associated with any future modification, suspension, or revocation of Phis
peru~il.
4.:IZeliance on Applicant's Dita. The determination of this office that issuance. of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the cirerunstznrces warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit
Page 6 of 24
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of this time limit.
Page 7 of 24
Your signatuxe below, as permittee, indicates that you accept and agree to comply with the terns
and conditions of this permit.
IZ NtI7TL-'F DATL
Robert A. Brady City Manager
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Armv, has signed below.
r
N1arkT urhmn
Chief, South Coast Branch
Regulatory Division
DATE
When the structures or work authorized by this permit are still in exi,tence at the tune the
property is transferred, tie terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the. associated liabilities
associated with compliance with its terns and conditioms, have the transferee sign and date
below.
TRANSFEREE
DATE.
Page 8 of 24
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Page 10 of 24
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 26"' day of October, 2011, by and between
the City of Lake Elsinore, a municipal corporation ("City") and HDR Consulting, a Professional
Environmental Consulting firm ("Consultant")
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional environmental consulting
services and related work as set forth in this Agreement.
AGREEMENT
General Description of Work to be Performed
Under the terms of a U.S. Army Corps of Engineers (USACE) 404 Permit for the Boat Launch
Facility Improvement Project, the City of Lake Elsinore is required to implement the Habitat
Mitigation & Monitoring Plan (BA") as approved by the USACE in 2009. The City desires to
contract with the Consultant to prepare plans, assist with implementation and perform the first
year biological monitoring consistent with the Habitat Mitigation & Monitoring Plan.
1. Scope of Work The Consultant shall provide the services described in Exhibit "A" in
a professional manner.
a. All plans and specifications shall be submitted to the City on CD (compact
disk); all drawings shall have the engineer's certificate number on the
document, all drawings shall be in one of the following electronic file
extensions: PDF and specifications shall be submitted in MS Word.
2. Time of Performance - The services of Consultant are to commence upon execution
of this Agreement and shall continue for a period of six months.
3. Compensation - Compensation to be paid to Consultant shall be in accordance
ProfServAgmt.4014.000 1 Page 11 of 24
with the fee schedule set forth in Exhibit A, which is attached hereto and incorporated herein by
reference. And in no event shall Consultant's compensation exceed $45,300.0 0 without
additional authorization from the City. Payment by City under this Agreement shall not be
deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment - Consultant shall submit monthly billings to City describing
the work performed during the preceding month. Consultant's bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than 30 days after approval of the monthly invoice by City staff. When
payments made by City equal 90% of the maximum fee provided for in this Agreement, no
further payments shall be made until the final work under this Agreement has been accepted by
City.
5. Extra Work - At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant
shall not perform, nor be compensated for, Extra Work without written authorization from City.
Extra work will be invoiced separately from services performed in accordance with the Scope of
Services.
6. Termination - This Agreement may be terminated by the City immediately for
cause or by either party without cause upon thirty (30) days written notice of termination. Upon
termination, Consultant shall be entitled to compensation for services performed up to the
effective date of termination.
7. Ownership of Documents - All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
ProfServAgmt.4014.000 2 Page 12 of 24
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City's use of such materials in a manner
beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Property - This Agreement creates a
nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium
of expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in
writing that City is granted a nonexclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant
has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be
limited in any way in its use of the Documents & Data at any time, provided that any such use
not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality - All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes other than the
performance of the services under this Agreement. Nor shall such materials be disclosed to any
person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally known,
or has become known, to the related industry shall be deemed confidential. Consultant shall not
use City's name or insignia, photographs relating to project for which Consultant's services are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
8. Consultant's Books and Records
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
ProfServAgmt.4014.000 3 Page 13 of 24
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant's business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor-in-interest.
9. Independent Contractor - It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Consultant hereby expressly
waives any claim it may have to any such rights.
10. Interests of Consultant - Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
ProfServAgmt.4014.000 4 Page 14 of 24
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b . possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Professional Ability of Consultant - City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws - Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses - Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City business license.
14. Indemnity - Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements
a. Insurance - Consultant, at Consultant's own cost and expense, shall
procure and maintain, for the duration of the contract, the following insurance policies.
ProfServAgmt.4014.000 5 Page 15 of 24
i. Workers' Compensation Coverage - Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days
prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage - Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage - Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non-owned vehicles, in
an amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Liability Coverage - Consultant shall maintain
professional errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations under
this Agreement, whether such operations by the Consultant or by its employees,
subcontractors, or subconsultants. The amount of this insurance shall not be less than one
million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined
single limit per occurrence basis.
b. Endorsements - Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than ANIL and shall be
endorsed with the following specific language:
ProfServAgrnt.4014.000 6 Page 16 of 24
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials,
parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability of
the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice
has been received by the City.
C. Deductibles and Self-Insured Retentions - Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance - Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices - Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
ProfServAgmt.4014.000 7 Page 17 of 24
If to City: City Manager
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Richard Coles, Vice President
HDR Consulting
8690 Balboa Avenue, Suite 200
San Diego, CA 92123
17. Entire Agreement - This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18. Amendments - This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting - The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience
and competence of Consultant and the subcontractors. Consultant shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the express
consent of the City. Consultant shall not subcontract any portion of the work to be performed
under this Agreement without the written authorization of the City. If City consents to such
subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City
and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to
the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
20. Waiver - Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability - If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
ProfServAgmt.4014.000 8 Page 18 of 24
22. Controlling Law Venue - This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees - If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
24. Mediation - The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and shall the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE
("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
25. Execution - This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement - Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party.
27. 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 member, 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.
ProfServAgmt.4014.000 9 Page 19 of 24
27. Equal Opportunity Employment - Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. 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. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the
date first written above.
CITY OF LAKE ELSINORE: CONSULTANT:
By
Bob Brady, City Manager Title
Attachments:
Business License #
Exhibit A - Scope of Services by HDR Consulting.
ProfServAgmt4014.000 10 Page 20 of 24
August 26, 2011 [Revised September 30, 2011]
Pat Kilroy
Lakes, Parks and Recreation Department
130 Main Street
Lake Elsinore, CA 92503
Subject: Lake Elsinore Boat Launch Project: Scope for T-Peninsula
Implementation and First year Monitoring
Mr. Kilroy,
Per your request please find below a scope and cost estimate to provide biological
support services associated with implementation of the Lake Elsinore Boat Launch
Habitat Mitigation and Monitoring Plan (HDR, 2009).
Task 1: Conceptual Grading Plan Preparation
HDR will prepare one (1) conceptual grading plan to vary the site topography in
accordance with the recommendations stated in the Boat Launch Facility Habitat
Mitigation and Monitoring Plan (HDR 2009). The plan will establish a basic series of
depressed and raised areas in accordance with this plan. HDR will use Riverside
County Flood Control & Water Conservation District (RCFC&WCD) mapping
previously obtained from the County as base mapping for this project.
Key Assumptions
• Lake Elsinore Parks and Recreation will self-perform grading activities in
accordance with Task 1.
• Lake Elsinore Parks and Recreation will comply with the City's NPDES
Permit requirements during self-performance of grading activities.
• Lake Elsinore Parks and Recreation will resolve any Grading Permit issues
with the City, and will coordinate all requirements for this peiniit internally.
SWPPP, Soil Erosion and Sediment Control Plan, Staging and Access Plan,
Water Quality Report, Drainage Report, or construction specifications for
grading activities are not included in the fee proposal
• Per City of Lake Elsinore GIS Data & Maps Website, HDR assumes that the
City does not possess topographical mapping detailed enough to perform
Task 1. HDR will use RCFC&WCD mapping previously obtained from the
County as base mapping for this project. No additional survey or mapping is
anticipated nor included in the fee proposal.
• Cut/fill calculations are not required as there will be no material transported
onto or off of the site.
HOR Engineering, Inc. 8690 Balboa Avenue 858-712-8400
Suite 200 858-712-8333 (fax)
San Diego, CA 92123 Page 21 of 24
Pat Kilroy
August 26, 2011 [Revised September 30, 2011]
Page 2
Deliverable: Conceptual Grading Plans (CAD file, Digital copies of plan sheets,
and up to 5 hardcopies of plan sheets)
Cost: $6,000
Task 2: Landscape Plan Preparation
HDR Engineering will provide construction documentation for the planting of the
11.5-acre T-Peninsula Mitigation Site. HDR's local Southern California Landscape
Architecture group will coordinate with our Engineers and Biologists to provide
detailed plans and specifications for this mitigation project.
The HDR Design Team will develop the planting to contain all the information
necessary for a bidding contractor to provide an accurate estimate of cost for the work.
The Construction Document submittal is anticipated to consist of a maximum of two
layout and planting sheets, one detail sheets and cover sheet (24"x36" at 30 scale).
Planting specifications will also be provided. The Construction Document plans will
be submitted for review and comment and the final package will incorporate all
appropriate comments.
Assumptions: This task includes two layout sheets, planting specifications, 1 detail
sheet, team coordination meetings and a site visit.
Deliverables: Final Planting Plans (Digital copies of plan sheets and up to 5
hardcopies of plan sheets)
Cost: $6,700
Task 3: Implementing Grading and Landscape Plans
HDR will direct the equipment operators on site to properly implement the conceptual
grading plan. The biologist will also supervise the cutting of plant material,
installation of cuttings and application hydroseed mix. Performance monitoring
during implementation will include the identification of non-native species for
removal, photo documentation of pre- and post-planting conditions, and documenting
field inspection observations during grading, weeding, and planting activities. The
biologist will coordinate with the landscape contractor to identify remedial actions
required, if any, during the first 90 days following implementation. A 90-day report
will be prepared documenting implementation of the plan.
Assumptions:
• Implementation will require 5 days of grading and 5 days of cutting
collection, planting and hydroseeding; and
• Collection and planting of cuttings and seed mix and hydroseeding is not
included
Deliverables: 90-day report (digital copy and 5 hard copies)
Cost: $12,000
ROR Engineering, inc.
Page 22 of 24
Pat Kilroy
August 26, 2011 [Revised September 30, 2011]
Page 3
Task 4: CRAM
A biologist with CRAM training will conduct a functional assessment of the
mitigation site using the California Rapid Assessment Method. The CRAM analysis
will be conducted immediately following implementation and again one year later.
Results will be incorporated into the first annual monitoring report described in Task 5
below.
Deliverables: None
Cost: $9,000
Task 5: First Year Monitoring
HDR will provide quarterly qualitative monitoring and annual quantitative monitoring
of maintenance activities for the first year after plan implementation.
The biologist will monitor maintenance activities within the mitigation site to facilitate
compliance with performance standards and ensure the successful establishment of
self-sustainable habitat. The project biologist shall meet with the landscape contractor
as needed throughout the maintenance period to discuss the condition of the mitigation
areas and recommend appropriate remedial measures as required.
During the scheduled monitoring visits, the project biologist shall monitor any damage
to mitigation plantings caused by herbivore damage, vandalism, or other types of
mitigation site damage. The project biologist shall recommend appropriate weed and
pest control measures as needed. In the event of significant die-off of mitigation
plants, the project biologist shall recommend appropriate replanting measures.
The overall success of the mitigation site will be measured using both qualitative and
quantitative assessments. Qualitative surveys will be performed to assess plant growth
and germination, overall coverage, plant fitness and health, pest problems, wildlife
use, and non-native weed species establishment.
Quantitative assessments shall be performed on the mitigation site in order to assess
site performance. Data on the biological composition of the mitigation area will be
collected throughout the entire mitigation site. Specifically, data on percent coverage
and the survival rate of original cuttings will be recorded. Species coverage will be
broken down into native plants and non-native and/or invasive weeds. Native species
coverage will be broken down further to include vegetation layers (herbaceous, shrub,
and tree).
An annual report summarizing the monitoring results shall be submitted to the City
following the annual quantitative monitoring visit. The report will document the
maintenance activities performed that year including: revegetation and exotic species
removal, the results of the monitoring, an assessment of the progress made towards
achievement of the success criteria, and recommendations of any remedial or adaptive
HDR Engineering, Inc.
Page 23 of 24
Pat Kilroy
August 26, 2011 [Revised September 30, 2011]
Page 4
management measures that may be necessary or prudent. The specific content of the
monitoring reports will include: project information, compensatory mitigation site
information, summary of remedial actions and maintenance, map and photos of the
site, list of success criteria and results for prior monitoring visits, a summary of field
data taken, and a summary of significant events that occurred on the site that may
affect the ultimate success of the mitigation site. In the event of substantial non-
compliance with performance standards, the reports will recommend further remedial
measures deemed necessary to ensure future compliance.
Deliverable: First Year Annual Monitoring Report (Digital copy and 5 hard copies)
Cost: $11,600
We look forward to the opportunity to work with the City on this project.
Sincerely,
HDR ENGINEERING, INC.
Richard Coles
Vice President
HDH Engineering, Inc.
Page 24 of 24