HomeMy WebLinkAboutItem No. 12 - WOOD Environment Infrastructure Solutions, Inc. Agreement - SRCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-221
Agenda Date: 6/14/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 12)
Professional Services Agreement with Wood Environment & Infrastructure, Inc. to Conduct a
Pilot Study for the Physical Harvesting of Algal Biomass in Lake Elsinore
1.Authorize the City Manager to execute a Professional Services Agreement with Wood Environment
& Infrastructure, Inc. to Conduct a Pilot Study for the Physical Harvesting of Algal Biomass in Lake
Elsinore in an amount not to exceed $236,920.00 in such final form as approved by the City
Attorney; and
2.Authorize the City Manager to execute any Change Orders not to exceed a 10% contingency
amount of $23,692.00.
Page 1 City of Lake Elsinore Printed on 6/9/2022
Page 1 of 3
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: June 14, 2022
Subject: Professional Services Agreement with Wood Environment & Infrastructure,
Inc. to Conduct a Pilot Study for the Physical Harvesting of Algal Biomass in
Lake Elsinore
Recommendation
1. Authorize the City Manager to execute a Professional Services Agreement with Wood
Environment & Infrastructure, Inc. to Conduct a Pilot Study for the Physical Harvesting of Algal
Biomass in Lake Elsinore in an amount not to exceed $236,920.00 in such final form as
approved by the City Attorney; and
2. Authorize the City Manager to execute any Change Orders not to exceed a 10% contingency
amount of $23,692.00.
Background
Lake Elsinore is Southern California’s largest natural, freshwater lake with more than 3,000
surface acres and 14 miles of shoreline. It is a shallow lake that it is reliant on rain and runoff from
the Lake Elsinore and San Jacinto Watersheds. Conditions for algae blooms are ideal when there
is an oversupply of nutrients in a lake, such as phosphorus and nitrogen, high temperatures, low
oxygen levels in the water, little water movement, and low water levels.
Due to Lake Elsinore suffering from all these conditions mentioned above, the City of Lake
Elsinore aims to take a more proactive approach to address the health of residents, tourists,
wildlife, and the lake as part of our Lake Watch program.
In 2019, the Santa Ana Watershed Project Agency (SAWPA) awarded the City a Proposition 1,
Round 1 grant for $297,000 for a Physical Harvesting of Algal Biomass in Lake Elsinore Pilot
Study.
The grant is funded by the California Department of Water Resources (DWR) and is in under the
Water Quality, Supply, and Infrastructure Improvement Act of 2014 (i.e., Proposition 1). SAWPA
serves as the lead agency with more than $23 million authorized in round one.
Algal Biomass Treatment & Removal at Lake Elsinore
Page 2 of 3
The proposed Physical Harvesting of Algal Biomass in Lake Elsinore Pilot Study is designed to
determine the feasibility of improving water quality in Lake Elsinore through the physical removal
of algal biomass, both reactively and proactively. The feasibility and cost-effectiveness of potential
removal strategies will be evaluated. The two major components of the study are: 1) to collect
empirical data on algal biomass removal technologies; and 2) to use this data to analyze the
feasibility of each removal technology in reducing water column chlorophyll-a, phosphorous,
Cyanobacteria, and Cyanotoxins concentrations and subsequent water quality responses.
SAWPA is the regional watershed planning organization for the Santa Ana River Watershed and
has been facilitating efforts to develop a watershed planning framework to guide water resource
managers.
Wood Environment and Infrastructure, Inc. is the City’s ongoing preferred company for the
monitoring of cyanotoxins in order to protect the public health and safety of visitors to the Lake.
Wood Environment and Infrastructure, Inc. has been providing services to City since 2016 and
the Lake Elsinore & San Jacinto Watersheds Authority for the last seven years.
Water quality in Lake Elsinore is vulnerable due to periodic and seasonal algae blooms, especially
during hot summer months. This decision support tool is designed to determine the feasibility of
improving water quality in Lake Elsinore through physical removal of algal biomass in a safe and
cost-effective manner.
The projected expenditure deadline is 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.
Discussion
Wood Environment and Infrastructure, Inc. has continued to be the City’s top candidate for this
project based on their existing services and previous experience in implementing and managing
this project. More specifically, they will assist in managing multiple vendors selected to perform
small-scale algae removal projects using various techniques. The qualified consultant and project
manager will perform pilot data collection, analysis, and final report preparation. To further the
safety of the community, a Secure Community Engagement Consultant will be selected by the
City to develop a strategy to educate the community about the complexities of Lake Elsinore and
the project.
As part of these efforts, Wood Environment and Infrastructure, Inc. will assist the City with the
selection of qualified contractors to participate in the Pilot/Feasibility Study. An RFQ was issued
on Monday April 11, 2022, and responses are due May 20, 2022.
The proposed study is scheduled to take place this summer within the months of July and August
of 2022 with a final report expected by early 2023.
The pilot-scale study will have a timeframe of August 1 – October 31, 2022. The Respondent may
also suggest technical or procedural innovations that have been used successfully on other
projects and may facilitate the completion of this project.
The results of scope of work/analysis will subsequently be used to determine whether the City
should seek funding and plan for a future long-term, large-scale strategy and project for the lake
to address algae blooms. The proposed budget for this project is $297,000. The project was
selected by SAWPA as a Disadvantaged Community (DAC) project and, if selected by DWR,
Algal Biomass Treatment & Removal at Lake Elsinore
Page 3 of 3
would be exempt from the grant match requirements. The project is estimated to take place at
any time between 2022 and 2023 depending on the condition of the Lake.
Attached is a scope of work from Wood Environment and Infrastructure, Inc.
Fiscal Impact
The total project cost is estimated to be approximately $297,000. This will be included in next
year’s budget and will be covered fully through the funding approved by SAWPA and DWR.
Exhibits
A – Agreement
B – Proposal
@BCL@B4190F61 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
WOOD Environment & Infrstructure Solutions, Inc.
Physical Harvesting of Algal Biomass in Lake Elsinore – Pilot Study
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of June 14, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Wood Environment & Infrstructure Solutions, Inc., a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Oversight and management of Prop 1 Physical Harvesting of Algal Biomass Pilot Study for Lake
Elsinore; Services include but are not limited to Project Administration and Reporting, Vendor
Selection and Coordination, Data Collection, Field Report, Feasiblity Report and Community
Engagement.
B. Consultant has submitted to City a proposal, dated April 29, 2022, attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed two
hundred thirty-six thousand nine hundred and twenty dollars ($236,920) without additional written
authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. 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 promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultant provides services. 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 forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. 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 shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. 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.
c. 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
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.
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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.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. 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
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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
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).)
12. 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.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. 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 of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violatio n of
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law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
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. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
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. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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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.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. 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 A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
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.
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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.
17. 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.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Wood Environment & Infrstructure Solutions, Inc.
Attn: Chris Stransky
9177 Sky Park Court
San Diego, CA 92123
18. 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 listed in Exhibit B. 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 except as provided in Exhibit B 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.
19. 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.
20. 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.
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21. 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 share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to 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.
22. 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.
23. 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.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. 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.
26. 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.
27. 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
Page 10
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. 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.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. 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.
[Signatures on next page]
Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Wood Environment & Infrstructure Solutions,
Inc., a Corporation
By: Chris Stransky, M.S.
Its: Aquatic Sciences & Toxicology Group
Manager
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Page 1 of 5
April 29, 2022
City of Lake Elsinore
130 South Main St.
Lake Elsinore, CA 92530
Attention: Ms. Nicole Dailey
Subject: Scope of Work and Cost Proposal for the City of Lake Elsinore Prop 1 Grant Entitled
“Physical Harvesting of Algal Biomass in Lake Elsinore – Pilot Study”
1.0 PROJECT DESCRIPTION:
Water quality in Lake Elsinore is vulnerable due to periodic and seasonal algae blooms, especially during
hot summer months. This proposal effort is designed to determine the feasibility of improving water quality
in Lake Elsinore through treatment or physical removal of algal. The effectiveness, feasibility, and cost-
effectiveness of potential abatement strategies will be evaluated though this Prop 1-funded grant
opportunity.
2.0 PROPOSED SCOPE OF WORK
Wood Environment and Infrastructure Solutions, Inc. (Wood) will assist the City of Lake Elsinore with
services relating to supporting the objectives of this grant. Descriptions of the project tasks are as follows:
a. Tasks 1 and 2. Project Administration and Reporting – Administrative support will include a
variety of project management activities in close coordination with the City. This task will include
general project management support including coordination meetings, contracting, invoicing, and
progress reporting as required by the grant. This will include administrative and contracting
support related to the selected vendors, and other sub-contractors (e.g., laboratories) to conduct in-
lake treatability studies. Progress reports detailing the work completed during the reporting period
(as outlined in Exhibit G of the Prop 1 Agreement) will be provided quarterly. These reports will
be submitted to SAWPA for review and inclusion in a program-wide progress report to be
submitted to DWR. At project completion a draft and final progress report summarizing activities
and the outcome of the full study will be prepared as well.
b. Task 3. – Not applicable for this Project
c. Task 4 – Feasibility Studies
Task 4.1 Pilot Study Vendor/Contractor Selection – Wood will work with the City to review
any proposals received following a Request for Qualifications (RFQ) that was issued April 11,
2022 with a due date of May 4th, 2022. The RFQ was submitted to a list of qualified firms/vendors
to assist in improving water quality within Lake Elsinore through the treatment of algae in-situ,
and/or removal of algal biomass. Following a thorough review of any proposals received , an
estimated 3-5 vendors will be selected to participate in the pilot study. Wood will assist with the
technical review and selection process, as well follow up feedback to vendors on proposals
submitted.
Task 4.2.1 Vendor Meeting/Coordination – Wood will lead and work closely with the City on
coordination meetings with the 3-5 selected vendors to conduct the proposed pilot studies.
Task 4.2.2 Master Work Plan – A project-specific Work Plan will be developed catered to each
of the different technologies selected to be tested. The proposed work will include two primary
objectives: 1) Pilot testing to evaluate the feasibility and effectiveness of a variety of techniques to
Page 2 of 5
remove algal biomass in the short-term (i.e., annual dampening of the bloom cycle); and 2) Pilot
testing to determine the feasibility of improving water quality conditions in Lake Elsinore long-
term via pilot/small-scale demonstrations that will focus on treating the sources/causes of algal
blooms. Empirical data collection will occur for each of these tests including analysis of nutrients,
chlorophyll-a, algal communities, and a common cyanobacteria toxin (Microcystin) in samples
collected prior to, during, and after each pilot treatment period. Field measures of pH, dissolved
oxygen, temperature, conductivity, and water clarity will also be recorded at regular intervals
during each pilot study demonstration. The Work Plan will provide descriptions of the algal
treatment technologies to be evaluated, as well as field procedures for algal removal as applicable.
Sample collection procedures and appropriate analyses required to assess effectiveness of in-situ
treatments or removal techniques will be described. A Health and Safety Plan will be prepared for
field activities and included as part of the Work Plan.
Task 4.2.3 Algae/Data Collection – This Task will include all field and laboratory-related efforts
to perform the selected pilot studies at Lake Elsinore for the selected vendors participating in the
study. We currently propose evaluating each vendors technology over a maximum 2-3 week period
at different or staggered time windows. Wood staff will work closely with the City leading overall
coordination, logistics, and all testing aspects for each technology. Technologies may be tested in
cordoned off areas of the lake (up to 10m x 10m), or in small mesocosms set up on the shoreline in
designated areas. This task also includes all costs from the vendors selected to participate in the
study in response to the RFQ.
Task 4.2.4 Field Report – This task will consist of a preparing a comprehensive report that will
summarize the findings of each pilot treatment tested. Analytical, field, and observational results
will be summarized, graphically displayed, and described. Photographs of each treatment at
different stages will also be provided and described. Full analytical reports and associated raw data
will be provided electronically and in Appendices of the report.
d. Task 4.3 Feasibility Report - This task will consist of preparing a comprehensive report that will
summarize the overall findings of each pilot treatment tested and the extrapolated feasibility of
applying each treatment on a full-scale approach to reduce and maintain low algal concentrations
lake-wide. Some technologies may only be applicable to treating smaller cordoned off areas at
specific times, while others may provide lake-wide long term solutions. A summary of labor,
equipment, infrastructure, and/or chemical needs for the treatments on a proposed full-scale
application will be provided. These costs will include expected annual maintenance and the
expected lifespan of any equipment required. A number of broad assumptions on lake water
quality, variability, and algal bloom dynamics will be drafted (based on existing information) to
assess feasibility of any given treatment, as well as provide comparisons among the different
proposed approaches. Feasibility will also include an evaluation of the space required and
considerations with regard to impacts on recreation in the lake. For any treatments that physically
remove algae, the report will also include an evaluation of the logistics for handling the harvested
biomass and options for re-use of the harvested algal biomass to help offset the cost of a full-scale
remediation program including how the biomass may be used for agricultural soil amendments.
Additionally, the potential impacts of full-scale algal biomass harvesting in Lake Elsinore,
including potential ecological consequences on existing aquatic life will be provided, as well as the
scale of algal biomass effort needed to have a significant impact on water quality in the short-term
(intra-annual).
e. Task 4.4 Community Engagement – Community engagement is an important component of this
program. Wood will work with the City to provide public announcements about the purpose of the
project, the timing and types of treatability studies, and opportunity for the public to visit and
possibly participate in the pilot effectiveness studies. A strategy will be developed to educate the
Page 3 of 5
community about the complexities of Lake Elsinore, its vulnerability to algae blooms, and the scope
and cost of potential remediation techniques. A public-friendly summary of the final project
outcome will also be prepared and shared through various media including the City website and
social media.
f. Task 8 Project Performance Monitoring Plan – This task will include the development of a
monitoring approach to specifically evaluate the performance of each selected technology and
make comparisons among the technologies to assess effectiveness at algae removal, both short and
long term. This Plan will then be referenced and included in the Master Project Work Plan (Task
4.2.2)
3.0 PROPOSED SCHEDULE OF CONTRACT
The proposed term of the contract is from May 24, 2022 to June 30, 2023 with an optional one-year
extension.
Key Milestone Task Deliverables:
Vendor Selection: July 1, 2022
Final Master Work Plan: July 22, 2022
Pilot Study Demonstrations: August 1 – October 31, 2022
Pilot Study Demonstration Field Final Report: February 28, 2023
Technology Feasibility Final Report: April 31, 2023
Final Project Progress Report: April 31, 2023
4.0 COST PROPOSAL
The total proposed cost to support this effort is $236,920, inclusive of all labor, supplies, subcontractors,
and vendors. A cost proposal itemized by task is provided in Attachment A.
If you have any questions, please contact me or John Rudolph at your convenience. We look forward to
supporting this critical first step to help identify and test viable solutions to directly address algae blooms
and associated water quality impairment in Lake Elsinore.
Sincerely,
Chris Stransky, M.S.
Aquatic Sciences & Toxicology Group Manager
Wood Environment & Infrastructure Solutions, Inc.
9177 Sky Park Court, San Diego, CA 92123
chris.stransky@woodplc.com
858-775-5547
John Rudolph, M.S.
Senior Aquatic Scientist
Wood Environment & Infrastructure Solutions, Inc.
9177 Sky Park Court, San Diego, CA 92123
john.rudolph@woodplc.com
858-243-8158
Page 4 of 5
ATTACHMENT A - COST PROPOSAL
TASK SUMMARY – ALL COSTS
Wood Environment & Infrastructure Solutions, Inc.
Total Cost
$/Unit (Avg)Unit Quantity
Category (a) Project Administration
Task 1 - Project Management $ 148 Hour 45 $6,650
Administrative/Staff Costs. Includes..
Task 2 - Reporting $ 148 Hour 45 $6,650
Administrative/Staff Costs. Includes…
Subtotal $13,300
Category (b) Land Purchase/ Easement
Task 3 - Not Applicable $0
Subtotal $0
Category (c) Planning/Design/Engineering/Environ. Documentation
Task 4 Feasibility Studies
Task 4.1 Selection of Qualified Consultant/Contractors
Task 4.1.1 Develop Request for Proposals (RFP)/Request for
Statement of Qualifications (RFQS)/Award Contracts --- 0 $ -
Task 4.1.2 Kick-Off Meeting --- 0 $ -
Task 4.1.3 Pilot Study Vendor/Contractor Selection $ 47 Hour 90 $ 4,200
Task 4.2 Work Plan/Sampling Plan/Field Activities
Task 4.2.1 Vendor Meeting/Coordination $ 151 Hour 46 $ 6,960
Task 4.2.2 Master Work Plan $ 143 Hour 120 $ 17,120
Task 4.2.3a Algae/Data Collection (Wood Labor) $ 130 Hour 320 $ 41,700
Task 4.2.3b Algae/Data Collection (Analytical) $ 439 Each 45 $ 19,740
Task 4.2.3c Algae/Data Collection (Vendor Costs) $ 10,000 Each 5 $ 50,000
Task 4.2.4 Field Report $ 126 Hour 192 $ 24,140
Task 4.3 Feasibility Report $ 135 Hour 292 $ 39,500
Task 4.4 Community Engagement $ 131 Hour 80 $ 10,480
Task 5 CEQA Documentation $0
Task 6 Permitting - Not Applicable $0
Task 7 Design - Not Applicable $0
Task 8 Project Performance Monitoring Plan $ 144 Hour 68 $9,780
Subtotal $ 223,620
Category (d) Construction/Implementation
Task 9 Contract Services - Not Applicable $0
Task 10 Construction Administration - Not Applicable $0
Task 11 Construction/Implementation Activities - Not applicable $0
Subtotal $0
Total Project Costs $236,920
Percentage Contribution by Funding Source 100.0%
PHYSICAL HARVESTING OF ALGAL BIOMASS IN LAKE ELSINORE - PILOT PROJECT
Proposed Budget
Budget Item Description Computation
Page 5 of 5
ATTACHMENT A - COST PROPOSAL
TASK DETAIL – WOOD LABOR ALONE
Wood Environment & Infrastructure Solutions
HRS COST HRS COST HRS COST HRS COST HRS COST HRS COST HRS COST HRS COST HRS COST HRS COST
Chris Stransky, Principal (Aquatic
Sciences & Toxicology Group
Manager, CA)
$ 185.00 16 2,960$ 12 2,220$ 8 1,480$ 24 4,440$ 20 3,700$ 16 2,960$ 40 7,400$ 8 1,480$ 12 2,220$ 156 28,860$
John Rudolph (Project Manager,
Senior Scientist) $ 165.00 24 3,960$ 12 1,980$ 24 3,960$ 40 6,600$ 100 16,500$ 32 5,280$ 80 13,200$ 16 2,640$ 24 3,960$ 352 58,080$
Nicholas Jernack (Staff Aquatic
Scientist) $ 110.00 0 -$ 0 -$ 0 -$ 24 2,640$ 60 6,600$ 60 6,600$ 80 8,800$ 16 1,760$ 16 1,760$ 256 28,160$
Kate Buckley (Staff Aquatic
Scientist) $ 115.00 0 -$ 0 -$ 8 920$ 16 1,840$ 60 6,900$ 60 6,900$ 60 6,900$ 40 4,600$ 16 1,840$ 260 29,900$
Terry McNabb (AquaTechnics) $ 100.00 4 400$ 0 -$ 6 600$ 16 1,600$ 80 8,000$ 24 2,400$ 32 3,200$ 0 -$ 0 -$ 162 16,200$
Marissa Cuevas (Senior Project
Coordinator, CA) $ 130.00 46 5,980$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 46 5,980$
90 13,300$ 24 4,200$ 46 6,960$ 120 17,120$ 320 41,700$ 192 24,140$ 292 39,500$ 80 10,480$ 68 9,780$ 1232 167,180$
HOURLY
RATE
Tasks 1 and 2 -
Project
Management and
Reporting
Task 4.2.2
Master Work
Plan
Project TotalWOOD STAFF, TITLE
Task 4.1.3 Pilot
Study Vendor/
Contract
Selection
Task 4.2.1
Vendor
Meeting/
Coordination
Task 4.2.3
Algae/Data
Collection
Task 4.2.4 Field
Report
Task 4.3
Feasibility
Report
Task 4.4
Community
Engagement
Task 8 Project
Performance
Monitoring Plan