HomeMy WebLinkAboutItem No. 05 Agreement Wood Environment & Infrastructure Solutions, Inc.City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-067
Agenda Date: 3/26/2019 Status: PassedVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 5)
Agreement for Contractor Services with Wood Environment & Infrastructure Solutions, Inc. to
fulfill Clean Up and Abatement Funding Authorization Grant
Authorize the City Manager to execute the Contractor Services Agreement to allow for a two (2) year
term in a total amount not to exceed $41,770.00, in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 5/17/2023
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REPORT TO CITY COUNCIL
To:HonorableMayorand Members of the City Council
From:Grant Yates, City Manager
Prepared by: Nicole Dailey, Assistant to the City Manager
Date:March26, 2019
Subject:Agreement forContractServices with WoodEnvironment & Infrastructure
Solutions, Inc. to fulfill Clean Up and Abatement Funding Authorization
Grant
Recommendation
Approve and authorize the City Manager to execute theContractor ServicesAgreement with
WoodEnvironment & InfrastructureSolutions, Inc.(Wood)toallow for a two(2) year term in a
totalamount not to exceed $41,770, in such final form as approved by the City Attorney.
Background
The Holy Fire began on August 6, 2018 and reached full containment on September 13, 2018
with a total burned area of 23,025 acres (35.9 square miles). The fire left the City and
surrounding areas prone to debris and mud flows during rainfall events for the next few years.
Lake Elsinore is within the Holy Fire’s burned watershed area, with McVicker, Leach and Dickey
Canyons draining to the lake.
Since the Holy Fire, the City has received significant rainfall of varying intensities with a to date
accumulation of more than 25 inches inthe Holy Fire burn area canyons.This rainfall hasled to
significant sediment runoff into the lake carrying with it fire resultantchemicals, nutrient loads,
toxins and heavy metals. The runoff has created a large sediment plumeat the mouthof Leach
Canyon Channelinthenorthern part of the lake just west of La Laguna Boat Launch.
Additionally, from December 20th to January 24th, Lake Elsinore experienced an unusual fish
die-off resulting in the loss of nearly 150 tons of fish. The City’s consultant, Wood, conducted
various sampling events and toxicity testing to determine the cause of the fish die off. Results
showed the cause was a Golden Algae bloom occurring in the lake, which has never been
documented for Lake Elsinore. It is currently unclear whether the Holy Fire runoff contributed to
this new type of algae bloom.
To fully understand the impacts of the Holy Fire runoff to the lake and its long and short-term
water quality, City staff in conjunction with the Regional Water Quality Control Board applied for
and received approval for funding for further analysis from theState Water Resources Control
Board for Cleanup and Abatement(CAA).
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The purpose of the project is to investigate the extent of, and conduct a waste characterization
of, the Leach Canyon Channel sediment/debris plume.The collected data will be used to
evaluate whether thedebris/sediment material poses short and/or long-term public health risks
to the community and to recreational uses of the lake including fishing. Further, the sediment
will be studied to determine if it has contributed to the recent fish die-off event and if removal of
this sediment is required.
Discussion
In February 2019, Wood submitted a Scope of Work to the Cityto fulfill the projectrequirements
outlined in the City’ssuccessful CAAgrantapplication. Entitled “Scope of Work for In-Lake Holy
Fire Runoff Sediment & Water Monitoring”, the project willperform an extended characterization
of the Holy Fire resultant in-Lake sediment plumeand water quality sampling in the Lake.This
data will be used to determine whetherthis runoff poses a threat to public health, is
causing/contributing to an ongoing fish die-off, or could contribute to a serious setback in
progress made in the current nutrient TDML in the Lake.
Approval of Wood’s Scope of Workand execution of the Agreement for Contract Servicesis
necessary and is the first step in moving forward withefforts to make use of the CAA grant
fundsallocated to the City. The Scope of Work fulfills the requirements of the CAA grantand will
give the City and the State and Regional Water Boards an understanding of current and future
challenges that are facing the Lake and how to address them. The project will be completed by
Wood within 60 days of issuance of the Notice to Proceed.
Fiscal Impact
The totaloverallcost forthe services provided by Wood is estimated to be $41,770 covered fully
through the funding approved by the Stater Water Resources Control Board.
Exhibits
A –Scope of Work for In-Lake Holy Fire Runoff Sediment & Water Monitoring
B –Vicinity Map
Wood E&I Agreement - Exhibit A Page 1
AGREEMENT FOR CONTRACTOR SERVICES
WOOD ENVIRONMENT & INFRASTRUCTURE SERVICES, INC.
IN-LAKE HOLY FIRE RUNOFF SEDIMENT & WATER MONITORING
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered
into as of March 26, 2019 by and between the City of Lake Elsinore, a municipal corporation
(‘‘City") and Wood Environment and Infrastructure, Inc. ("Contractor").
RECITALS
A. The City has determined that it requires the following services: In-Lake Holy Fire
Runoff Sediment & Water Monitoring Services in Lake Elsinore.
B. The Contractor has submitted to the City a quote, dated 2/15/2019 which is
attached hereto as Exhibit A (collectively, the “Contractor’s Proposal”) and incorporated herein,
to provide services and related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor’s Proposal (Exhibit A), subject
to the direction of the City through its staff that it may provide from time to time. Contractor
acknowledges that the Scope of Services provides for three (3) Contractor staff members for two
(2) days at eleven (11) hours a day for plume delineation and collection of samples for analysis
as outlined below.
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 services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent with
Contractor’s Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary
tools, expendable equipment, and all taxes, utility and transportation services required to perform
such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor’s
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Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
c. Term and Compliance with Scope of Work.
Unless earlier terminated as provided elsewhere in this Agreement, this
Agreement shall continue in full force and effect for a period of 24-months commencing on the
date of the Notice to Proceed. The City may, at its sole discretion, extend the term of this
Agreement on a 12-month basis not to exceed two (2) additional twelve 12-month renewal terms
by giving written notice thereof to Contractor not less than thirty (30) days before the end of the
contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that all work or services
performed pursuant to this Agreement shall be based upon the Scope of Work approved by the
City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services.
3. Compensation and Cost of Living Adjustment. Compensation to be paid to
Contractor shall be in accordance with the fees set forth in Contractor’s Scope of Work (Exhibit
A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s
compensation exceed $41,770 Forty-one thousand seven hundred and seventy dollars
($41,770), without additional written authorization from the City. Notwithstanding any provision
of Contractor’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. Contractor 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. Contractor’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 Contractor provides services. Contractor’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 Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. 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 Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor 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 Contractor 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 A greement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, 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 Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor’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
Contractor, its officers, officials, agents, employees and volunteers from any 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 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 Contractor
under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor 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 Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City’s name or insignia, photographs relating to project for which Contractor’s services are
rendered, or any publicity pertaining to the Contractor’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.
7. Contractor’s Books and Records.
a. Contractor 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 Contractor to
this Agreement.
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b. Contractor 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 Contractor’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 Contractor’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 Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
8. Independent Contractor. It is understood that Contractor, 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.
9. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor 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, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor 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.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor 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. Interests of Contractor. Contractor (including principals, associates and
management 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 Contractor’s services
hereunder. Contractor 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.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
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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. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement.
All work performed by Contractor under this Agreement shall be in accordance with applicable
legal requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor’s field of expertise.
12. Compliance with Laws. Contractor 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. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
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
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
14. Indemnity. Contractor 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 Contractor 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 Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the negligence or willful misconduct of the City or its officers, employees, agents,
or volunteers and (2) the actions of Contractor 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 Contractor 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 Contractor 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, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor’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.
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i. Workers’ Compensation Coverage. Contractor 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, Contractor
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
Contractor for City. In the event that Contractor 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, Contractor 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. Contractor shall maintain commercial
general liability insurance in an amount of 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.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor 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 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.
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. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
under the Commercial General Liability and Automobile liability coverages
arising out of work performed by or on behalf of the Contractor, 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.
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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, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with blanket 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.
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 Contractor: Wood Environment and Infrastructure, Inc.
Attn: Mr. John Rudolph
9210 Sky Park Court, Suite 200
San Diego, CA 92123
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. All prior written and oral
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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 Contractor 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 reputation, experience and competence
of Contractor. Contractor 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 Contractor under this
Agreement will be permitted only with the express consent of the City. Contractor 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, Contractor 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.
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 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.
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. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
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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. 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.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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.
28. Equal Opportunity Employment. Contractor 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.
29. Prevailing Wages. Contractor 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.
Contractor 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, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
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.
30. 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.
[Signatures on next page]
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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
Grant Yates, City Manager
ATTEST:
Mark Mahan, Deputy City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
“CONTRACTOR”
Wood Environment & Infrastructure Solutions,
Inc.,
By: ________________________
Its: ________________________
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT A
SCOPE OF WORK
PURPOSE:
This grant is for the benefit of the Recipient. This grant is for the purpose of conducting a waste
characterization of the sediment and debris plume from the Holy Fire runoff into Lake Elsinore. Sediment
and water samples will be collected and analyzed for a suite of chemicals of potential concern and
aquatic life toxicity. The results will be used to determine if the sediment/debris may be causing or
contributing to fish mortality in the lake, and if the debris poses a risk to public health or to the beneficial
uses of the lake.
WORK TO BE PERFORMED BY GRANTEE
1.Project Management
1.1. Provide all technical and administrative services as needed for Project completion;
monitor, supervise, and review all work performed; and coordinate budgeting and
scheduling to ensure the Project is completed within budget, on schedule, and in
accordance with approved procedures, applicable laws, and regulations.
2.Planning
2.1. Develop the final work plan for the waste characterization of the sediment and debris
plume from the Holy Fire runoff into Lake Elsinore that will follow the approved Quality
Assurance Project Plan (QAPP) and sampling requirements from the existing Riverside
Water Board approved Total Maximum Daily Load (TMDL) compliance monitoring plan
and QAPP that is being followed by WOOD Environment and Infrastructure Solutions Inc.
2.2. Submit a copy of the final work plan for the waste characterization of the sediment and
debris plume from the Holy Fire runoff into Lake Elsinore to the Grant Manager.
2.3. Enter into a new contract with Wood Environment and Infrastructure Solutions Inc. for the
implementation of the final work plan in item 2.1 and submit a copy of the new consultant
contract to the grant manager.
3.Implementation
3.1. Conduct field collection sampling and analysis for water quality profiles, analytical water
samples, analytical sediment samples, phytoplankton samples, and toxicity at specified
locations per the final work plan in Item 2.1.
3.2. Prepare a summary report that includes the date and locations of all stations sampled,
sampling methods utilized, constituents analyzed, a summary of results compared
against Basin Plan Objectives, and future monitoring needs. The summary report shall
include:
3.2.1. Copies of all laboratory reports for chemical and toxicity constituents analyzed,
QA/QC information, copies of chains of custodies and field data sheets.
Calibration logs of field equipment.
February 15, 2019
City of Lake Elsinore
State Water Board Grant Agreement No.
[C/A ]
Page 2 of 7
3.2.2. Laboratory reports of phytoplankton cell densities, harmful algal species present,
and quantitative results of algal toxins. Photos representing the dominant algal
species present.
3.2.3. Photographs of all sediment cores collected, along with any field photos
documenting on-site conditions.
3.2.4. A discussion and conclusion that will provide a professional determination as to
whether the sediment influx to Lake Elsinore as a result of the post-fire runoff
might have a cumulative detrimental impact on the water quality, ecology, or
human health beneficial uses within the lake.
3.3. Submit a copy of the Technical Report to the Technical Contact and Grant Manager.
3.4. Prepare collected data that will be uploaded into the California Environmental Data
Exchange Network (CEDEN) and submit to Riverside Water Board staff for review and
approval.
3.4.1. Upload approved data into CEDEN and submit a copy of the confirmation by the
Regional Data Center that data have been uploaded to CEDEN to the Grant
Manager.
TABLE OF ITEMS FOR REVIEW
ITEM DESCRIPTION CRITICAL DUE
DATE
ESTIMATED
DUE DATE
EXHIBIT A – SCOPE OF WORK
A. WORK TO BE PERFORMED BY GRANTEE
2.Planning and Design (date)
2.2 Final Work Plan April 1, 2019
2.3 Amended Consultant Contract (date)
3.Implementation April 15, 2019
3.3 Copy of Data Summary Report June 1, 2019
3.4 Draft Full Technical Report July 1, 2019
3.4.1 Confirmation of Uploaded Data into CEDEN July 1, 2016
EXHIBIT B – INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS
A. INVOICE PACKAGES
1.Invoices Monthly/Quarterly
E. REPORTS
1.Progress Reports Monthly/Quarterly
2.As Needed Information or Reports As Needed
City of Lake Elsinore
State Water Board Grant Agreement No.
[C/A ]
Page 3 of 7
ITEM DESCRIPTION CRITICAL DUE
DATE
ESTIMATED
DUE DATE
EXHIBIT A – SCOPE OF WORK
3.Draft Project Report July 31, 2019
4.Final Project Report August 30,
2019
City of Lake Elsinore
State Water Board Grant Agreement No.
[C/A ]
Page 4 of 7
C. LINE ITEM BUDGET
Description Grant Allotment
Implementation $41,770
Total $41,770
COSTS
Table 1 summarizes the costs for the monitoring and reporting outlined above. Costs assume
the use of the Wood boats and collection equipment for all sample types. Assumes three
Wood staff members for two days at 11 hours of field time per day for plume delineation and
collection of samples for analysis as outlined below.
Table 1: Monitoring and Analytical Constituent Costs
Item Unit rate # Hours/
Samples
Extended
Cost
Wood Staff Labor – Coordination, Project
Management
Standard Rates (see attached
detailed breakdown) 13 $ 2,060
Wood Staff Labor – Field Collections Standard Rates (see attached
detailed breakdown) 69 $ 8,510
Wood Staff Labor – Summary Report, Data
Formatting, CEDEN Uploads
Standard Rates (see attached
detailed breakdown) 47 $ 5,755
TOTAL LABOR COST -- 129 $ 16,325
Biological Analytes
Phytoplankton Speciation and Enumeration $ 250 3 $ 750
Water Analytes
Cyanotoxins1 $550.00 5 $2,750.00
Chlorophyll-a $125.00 5 $625.00
Total Dissolved Solids (TDS) $20.00 5 $100.00
Total Suspended Solids (TSS) $20.00 5 $100.00
Dissolved Organic Carbon (DOC) $48.00 5 $240.00
Total Organic Carbon (TOC) $48.00 5 $240.00
Sulfide $15.00 5 $75.00
Major ions2 $96.00 5 $480.00
Ammonia-Nitrogen (NH4-N) $15.00 5 $75.00
Page 5 of 7
Item Unit rate # Hours/
Samples
Extended
Cost
Total Kjeldahl Nitrogen (TKN) $50.00 5 $250.00
Nitrate Nitrogen (NO3-N) $15.00 5 $75.00
Nitrite Nitrogen (NO2-N) $15.00 5 $75.00
Total Nitrogen (calc)3 $0 5 $0
Total Phosphorus (TP) $32.00 5 $160.00
Soluble Reactive Phosphorus (SRP/Ortho-P) $20.00 5 $100.00
Total and Dissolved Metals $150.00 5 $750.00
Total and Dissolved Mercury $60.00 5 $300.00
7-day Chronic Fathead Minnow Toxicity $1,000.00 5 $5,000.00
Additional Fathead Minnow C8-column water
treatment $800.00 1 $800.00
4-day Acute Ceriodaphia Toxicity $500.00 5 $2,500.00
TOTAL WATER ANALYTICAL COST $3,579 --- $14,695
Sediment Analytes
% Solids $21.00 5 $105.00
Total Organic Carbon $75.00 5 $375.00
Grain size $75.00 5 $375.00
Total Nitrogen $84.00 5
Total Phosphorus $75.00 5 $375.00
Polycyclic Aromatic Hydrocarbons (PAHs) $184.00 5 $920.00
Total Petroleum Hydrocarbons (TPH) Diesel &
Oil $79.00 5 $395.00
Page 6 of 7
Item Unit rate # Hours/
Samples
Extended
Cost
Total Metals $145.00 5 $725.00
Total Mercury $30.00 5 $150.00
10-day Chronic Hyalella azteca Growth/Survival
Toxicity $1,100.00 5 $5,500.00
TOTAL SEDIMENT ANALYTICAL COST $1,868 --- $9,340
TOTAL ANALYTICAL COST --- --- $24,785
TOTAL OVERALL COST --- --- $41,770
Notes:
1 Includes microcystin, nodularin, cylindrospermopsin, anatoxin-a, and saxotoxin
2 Includes calcium, sodium, magnesium, potassium, chloride, sulfate.
3 Total nitrogen = TKN +NO2 + NO3
If you have any questions, please contact us at your convenience. We look forward to
continuing our work with the City of Lake Elsinore on these important projects.
Sincerely,
John Rudolph
Wood Environment & Infrastructure Solutions, Inc.
Senior Aquatic Scientist
Page 7 of 7
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