Lake Elsinore City Council
December 10, 2024

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: December 10, 2024
Subject: Parcel Map 38281, Evergreen Commercial Development Recommendation
Approve Parcel Map 38281 subject to the City Engineer’s acceptance as being true and correct and authorize the City Clerk to sign the parcel map and arrange for recordation.

Background
The project site is located at the eastern corner of Central Avenue and Cambern Avenue intersection. Parcel Map 38281 will subdivide 4.612 acres into two (2) commercial lots with sizes of 3.587 acres for Parcel 1 and 1.025 acres for Parcel 2. The planned development consists of a 43,050-square-foot anchor grocery store and a 950-square-foot coffee shop with drive-through.

Discussion
Per Subdivision Map Act Section 66474.1, Parcel Map 38281 has been reviewed, and staff has determined that the parcel map is in substantial conformity with the previously approved Tentative Parcel Map 38281. All conditions of approval relative to the parcel map have been completed.

Fiscal Impact
The developer is currently constructing public improvements, and security has been posted.

Security posted is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents.

Attachments
Attachment 1 - Final Boundary Map
Attachment 2 - Vicinity Map
Engineering

VICINITY MAP
18) Streambed Alteration Agreement for Murrieta Creek Multi-use Trail Project Approve and authorize the City Manager to execute a Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW) for the Murrieta Creek Multi-Use Trail project in such final form as approved by the City Attorney.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: December 10, 2024
Subject: Streambed Alteration Agreement for Murrieta Creek Multi-use Trail Project Recommendation
Approve and authorize the City Manager to execute a Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW) for the Murrieta Creek Multi-Use Trail project in such final form as approved by the City Attorney.

Background
The Murrieta Creek Multi-Use Trail is a multi-jurisdiction, active transportation trail that is identified in the City’s General Plan and Eastlake Specific Plan adopted in 2017. The proposed Murrieta Creek Multi-Use Trail extends Skylark Drive and the Lake Levee Trail.

The City is currently in final design for the Murrieta Creek Multi-Use Trail project. The City’s consultant, Chen Ryan Associates, is providing services to complete the final design, permitting, and acquisition of right-of-way and mitigation credits for the project.

Discussion
Streambed Alteration Agreement (SAA) would be entered between the California Department of Fish and Wildlife (CDFW) and the City of Lake Elsinore. CDFW has determined the Murrieta Creek Multi-Use Trail project could substantially adversely affect existing fish or wildlife resources.

Necessary mitigation measures to protect the impacted resources are identified in the SAA, and the City must satisfy each measure identified in the SAA to mitigate the impacts of the Murrieta Creek Multi-Use project. Measures included are administrative, general wildlife protection and prevention, compensatory, and reporting.

Execution of the SAA would allow for the project to request ATP grant funding allocation for the construction phase of the project.

Streambed Alteration Agreement MCT

Fiscal Impact
ATP Cycle 4 grant funding was used to cover the cost of the City’s consultant to prepare the final Streambed Alteration Agreement documents for the Murrieta Creek Multi-Use Trail project.

Attachments
Attachment 1 - Streambed Alteration Agreement
Engineering
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CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

INLAND DESERTS REGION
3602 INLAND EMPIRE BLVD, SUITE C-220
ONTARIO, CA 91764

STREAMBED ALTERATION AGREEMENT
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Murrieta Creek

CITY OF LAKE ELSINORE

MURRIETA CREEK MULTI-USE TRAIL PROJECT
This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Lake Elsinore (Permittee) or as represented by Remon Habib.

RECITALS
WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on September 19, 2023 that Permittee intends to complete the project described herein.

WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.

WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources.

NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement.

PROJECT LOCATION
The Murrieta Creek Multi-Use Trail Project (Project) is located northeast of Grand Avenue and northeast of Corydon Road, in the City of Lake Elsinore, County of Riverside, State of California; Latitude 33.630132° N, Longitude -117.315142 ° W; Township 6 South, Range 4 West, U.S. Geological Survey (USGS) map Lake Elsinore (Exhibit 1). The Project is located within Assessor’s Parcel Numbers 371-100-020, 371- 100-003, 370-120-001, and 370-120-063.

PROJECT DESCRIPTION
The Project is limited to construction of a multi-use trail that will be a 10-foot-wide paved trail within the Lake Elsinore Back Basin. Split rail fencing will be mounted on either side of the trail with a 2-foot-wide decomposed granite (DG) or native landscape recovery EPIMS-RIV-43632-R6
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zone between the fence and the asphalt path, for a total permanent impact width of 20 feet.

The proposed Project will also include a single Arizona crossing and a span bridge and the replacement and extension of a pipe culvert to cross four existing ephemeral drainage features that intercept the trail. The Arizona crossing will be located at the northernmost corner of Como Street and Stoneman Street and will consist of a concrete apron and rock splash pad within the planned permanent impact area to allow water to pass while establishing a defined trail and eliminating long-term maintenance needs.

The approximately 55 feet long span bridge will be located at the terminus of Ontario Way and will be constructed either as cast-in-place concrete abutments spanned by hollow-core precast concrete planks, or an alternate clear span design such as open bottom arch culverts. It will completely span the ephemeral feature, with no footings or other material placed within the feature. It is anticipated that the crossings will require the use of a backhoe and/or mini excavator for the cast-in-place concrete abutments, and an articulated lift to hoist the hollow-core precast concrete planks into position.

Impacts from the installation of the crossings will be confined to the permanent and temporary impact footprint. The existing culvert located at the eastern end of the trail will be replaced and extended to accommodate the trail width.

The Project will require a total of approximately 2,765 cubic yards of asphalt (consisting of 655 cubic yards (cy) of hot mix asphalt,1,850 cy of Class II aggregate base, and 260 cy of DG) imported to the site. Earthwork would include approximately 9,405 cy of cut and 6,375 cy of fill, resulting in export of 8,363cy and import of 5,335 cy. Cut and fill slopes would be a maximum 2:1 gradient.

Temporary steel plate bridges and/or other temporary clear span means required of the contractor would be implemented during construction should any of the avoided features need to be temporarily crossed during construction. Temporary construction access will be provided via existing paved roadways, the Levee Trail, and within the temporary impact area. Temporary construction staging areas will also be located onsite within the mapped temporary impact area or off-site within the existing disturbed and developed areas.

PROJECT IMPACTS
Existing fish or wildlife resources the project could substantially adversely affect include:

BIRDS: Bell’s sparrow (Artemisiospiza belli belli), burrowing owl (Athene cunicularia), California horned lark (Eremophila alpestris actia), Cooper’s hawk (Accipiter cooperii), least Bell’s vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii extimus), northern harrier (Circus hudsonius), coastal California gnatcatcher (Polioptila californica californica), tricolored blackbird (Agelaius tricolor), southern California rufouscrowned sparrow (Aimophila ruficeps canescens), western snowy plover (Charadrius nivosus nivosus), white-faced ibis (Plegadis chihi), white-tailed kite (Elanus leucurus), yellow-breasted chat (Icteria virens), and yellow warbler (Setophaga petechia); EPIMS-RIV-43632-R6
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PLANTS: California Orcutt grass (Orcuttia californica), Coulter's goldfields (Lasthenia glabrata ssp. coulteri), Hammitt's clay-cress (Sibaropsis hammittii), long-spined spineflower (Chorizanthe polygonoides var. longispina), Munz’s onion (Allium munzii), Parry's spineflower (Chorizanthe parryi var. parryi), San Diego ambrosia (Ambrosia pumila), smooth tarplant (Centromadia pungens ssp. laevis), thread-leaved brodiaea (Brodiaea filifolia), and Tecate cypress (Hesperocyparis forbesii).

MAMMALS: Stephen’s kangaroo rat (Dipodomys stephensi), San Diego black-tailed jackrabbit (Lepus californicus bennettii), Los Angeles pocket mouse (Perognathus longimembris brevinasus), northwest San Diego pocket mouse (Chaetodipus fallax fallax), and southern grasshopper mouse (Onychomys torridus ramona); AMPHIBIANS AND REPTILES: coast horned lizard (Phrynosoma coronatum blainvillii), western spadefoot toad (Spea hammondii), California glossy snake (Arizona elegans occidentalis), orange-throat whiptail (Aspidoscelis hyperythra), red-diamond rattlesnake (Crotalus ruber), western pond turtle (Emys marmorata), and coastal whiptail (Aspidoscelis tigris stejnegeri);
CRUSTACEANS: Riverside fairy shrimp (Streptocephalus woottoni); INSECTS: Crotch’s bumble bee (Bombus crotchii), quino checkerspot butterfly (Euphydryas editha quino), and senile tiger beetle (Cicindela senilis frosti).

The adverse effects the Project could have on the fish or wildlife resources identified above include: change to, or loss or decline of natural bed substrate; disturbance from Project activity; disturbance to, alteration of, and/or loss of: nesting, roosting, foraging, and refugia habitat, and wildlife corridors; and reduction and loss of habitat coverage, composition, distribution, and cross-pollination/reproductive opportunity; changes in the bed, bank, or channel. The Project will temporarily impact 2.63 acres and permanently impact 1.34 acres associated with Murrieta Creek and the Lake Elsinore Back Basin.

The Project will impact a total of 3.97 acres of stream bed, bank, and channel, which are the limits of the Project impacts authorized under this agreement.

Table 1: Project Impacts to Stream Bed, Bank, and Channel Habitat Impacts (acres)*
Temporary Permanent Total
Riparian/Riverine
Riparian Woodland 0.20 0.08 0.28
Tamarisk Scrub (above 1,265) 0.01 0.01 0.02
Tamarisk Scrub (below 1,265 feet) 0.88 0.53 1.41
Non-native Woodland (below 1,265
feet) 0.35 0.15 0.50
Riversidean sage scrub (below 1,265
feet) 0 0 0
Disturbed/Ruderal (below 1,265 feet) 1.09 0.55 1.64
Riparian Subtotal 2.52 1.31 3.83
Riverine
Streambed 0.11 0.03 0.14
Riverine Subtotal 0.11 0.03 0.14
Total 2.63 1.34 3.97
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MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES

1. Administrative Measures
Permittee shall meet each administrative requirement described below.

1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the Project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request.

1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the Project at the Project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors.

1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the Project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict.

1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the Project site at any time to verify compliance with the Agreement.

1.5 Compliance within Western Riverside County Multiple Species Habitat Conservation Plan (MSCHP) and Take of Listed Species. Take of any California Endangered Species Act (CESA)-listed species is prohibited except as authorized by state law (Fish and Game Code, §§ 2080, 2085 & 2800). Consequently, if a Project, including Project construction or any Project-related activity during the life of the Project, results in take of CESA-listed species, CDFW recommends that the Project proponent seek appropriate authorization prior to Project implementation.

Additionally, the issuance of a draft or final Agreement does not infer that the Project is consistent with the MSHCP or that the Project has demonstrated that it is a Biologically Equivalent or Superior Preservation Alternative. If modifications to the Project are necessary for MSHCP compliance, then a request for an amendment to this Agreement will be required.

1.6 Take of Nesting Birds. Fish and Game Code section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) to take, possess, or destroy the nest or eggs of any such bird except as otherwise EPIMS-RIV-43632-R6
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provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code Section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act 1918, as amended (16 U.S.C. § 703 et seq.). The issuance of this Agreement does not in any way exempt or excuse compliance with these statutes.

1.7 Additional Project Impacts. Permittee shall submit to CDFW a request to amend this Agreement if any additional impacts to Fish and Game Code section 1602 resources, or additional operations and maintenance activities not identified in this Agreement are anticipated. No additional impacts to Fish and Game Code section 1602 resources are authorized unless the impacts and/or activities are expressly authorized by CDFW by amendment to this Agreement.

1.8 Notify CDFW Prior to Work. Permittee shall notify CDFW by email at least five (5) working days prior to initiation of Project activities. See contact information below.

1.9 Reporting of Violations. Permittee shall report any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, to the CDFW contact identified below within 48 hours of the violation occurring.

1.10 Dead or Injured Species. Permittee shall report any dead or injured CESA- or ESAlisted threatened, endangered, or fully protected species, or species of special concern found along roads or in Project areas to CDFW within 24 hours via email according to contact information below. The Permittee shall report whether the dead or injured species was found on site, or caused due to Project activities, the location, cause of death, species found, and any other relevant information.

1.11 Compliance with other Agencies. The Agreement does not relieve the Permittee of responsibilities for compliance with applicable federal, state, or local laws, ordinances or grant conditions.

1.12 Work According to Plans. Final stamped engineered design plans shall be submitted to CDFW a minimum of 30 days prior to start of Project activities, for review by CDFW prior to Project start. The final plans shall be based on the Project design plans submitted to CDFW in the notification package. If the submitted Project plans differ substantially from the Project description, Permittee shall provide CDFW a detailed, written description of the changes made. CDFW may require an amendment to this Agreement or submission of a new notification prior to starting the Project if the Project designs have changed from those submitted in the Notification Package.

2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below.

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General Wildlife Protection and Prevention Measures

2.1. Designated Biologist(s) and Biological Monitor(s). Permittee shall submit to CDFW for review and approval the names, qualifications, business addresses, and contact information of any qualified biologists (Designated Biologist(s)) and Biological Monitor(s) that will be utilized to conduct species/habitat surveys, biological monitoring, or mitigation planning and implementation activities at least 30 days before initiating ground- or vegetation- disturbing activities. Permittee shall specify the proposed responsibilities of each Designated Biologist(s) and/or Biological Monitor(s) and provide clear evidence of knowledge, experience, and capability of performing those proposed duties. Optional CDFW biologist resume form available here: Lake and Streambed Alteration Program Resources.

2.1.1. A qualified Designated Biologist(s) is an individual who holds a bachelor’s degree from an accredited university and 1) is knowledgeable in relevant species’ life histories and ecology, 2) can correctly identify relevant species, 3) has conducted field surveys for relevant species, 4) is familiar with relevant survey protocols, and 5) is knowledgeable of state and federal laws regarding the protection of sensitive species.

2.1.2. A Biological Monitor(s) is an individual who shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this Project, experience with construction-level biological monitoring, be able to recognize species that may be present within the Project area and be familiar with the habitats and behaviors of those species.

2.2. Responsibility of the Designated Biologist(s). The Designated Biologist(s) shall be responsible for monitoring activities addressed by this Agreement, including, but not limited to all activities that result in clearing, grading, drilling, and/or other grounddisturbing activities. To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall confirm and monitor the limits of Project activities addressed by this Agreement.

2.3. Authority of Designated Biologist(s). To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall have the authority to immediately halt any activity that does not comply with this Agreement, order any reasonable measure to avoid the violation of any measure of this Agreement, and directly contact CDFW for any reason. If the Designated Biologist(s) determines that the Project may have an adverse effect on any special-status species (threatened, endangered, candidate, species of special concern, etc.), they shall halt construction and notify the appropriate agencies immediately. Unless authorized by CDFW, the Designated Biologist(s) shall not have the authority to handle any special-status species (threatened, endangered, candidate, species of special concern, etc.).

2.4. Authority of Biological Monitor(s). The Permittee or Designated Biologist shall designate a person to monitor onsite compliance with all conditions of this EPIMS-RIV-43632-R6
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Agreement. The Biological Monitor shall halt Project Activities to comply with the terms of this Agreement and otherwise avoid impacts to species or habitats.

2.5. Delineate Work Area Boundary. In consultation with the Designated Biologist(s), Permittee shall clearly delineate the outer perimeter of the work areas and access routes with appropriate fencing, signage, and/or flagging to prevent damage to adjacent habitats prior to start of Project activities. The delineation materials shall be in place during all periods of operation and all persons employed or otherwise working on the Project site shall be instructed about the restrictions. Permittee shall ensure the delineation materials are monitored daily, and maintained, repaired, or replaced immediately if the materials are damaged, lost, stolen, or become ineffective in any way. The Designated Biologist(s) shall ensure the delineation materials do not create a barrier to wildlife movement and will not pose a risk to wildlife safety.

2.6. Environmentally Sensitive Areas. The Designated Biologist shall determine and clearly delineate any necessary avoidance and/or buffer areas with appropriate fencing, signage, and/or flagging. The delineation materials shall be visibly discernable from the ‘standard work area boundary’ materials and all persons employed or otherwise working on the Project site shall be instructed about the restrictions associated with these environmentally sensitive areas. Permittee shall ensure the delineation materials are monitored daily, and maintained, repaired, or replaced immediately if the materials are damaged, lost, stolen, or become ineffective in any way. The Designated Biologist(s) shall ensure the delineation materials do not create a barrier to wildlife movement and will not pose a risk to wildlife safety.

2.7. Wildlife Species. To avoid impact to any non-listed terrestrial wildlife species, a Designated Biologist shall inspect the Project area prior to any Project activities. Any individuals found shall not be harassed and shall be allowed to leave the Project area unharmed. If needed, a Designated Biologist may guide, handle, or capture an individual non-listed wildlife species to move it to a nearby safe location within nearby refugium, or it shall be allowed to leave the Project site of its own volition.

Capture methods may include hand, dip net, lizard lasso, snake tongs and snake hook. If the wildlife species is discovered or is caught in any pits, ditches, or other types of excavations, the Designated Biologist shall release it into the most suitable habitat nearby the site of capture.

2.8. Educational Program. Permittee shall conduct an education program (Education Program) for all persons employed or otherwise working on the Project prior to performing any work on site. The Education Program shall consist of a presentation from a Designated Biologist(s) that includes a discussion of the biology of the habitats and species identified in this Agreement and present at the Project site. The Designated Biologist(s) shall also include as part of the Education Program information about the distribution and habitat needs of any protected species that may be present, legal protections for those species, penalties for violations and EPIMS-RIV-43632-R6
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Project-specific protective measures included in this Agreement. Interpretation shall be provided for non-English speaking workers, and the same instruction shall be provided for any new workers prior to their performing work on site. The Permittee shall prepare and distribute wallet-sized cards or a fact sheet that contains this information for workers to carry on site. Upon completion of the Education Program, employees shall sign a form stating they attended the Education Program and understand all protection measures. These forms shall be filed at the worksite offices and be available to CDFW upon request. The Education Program shall be repeated annually for part of the Project extending more than one (1) year. Copies of the Education Program’s materials shall be maintained at the Project site for workers to reference as needed.

2.8.1. Invasive Species Education Program. Permittee shall include an invasive species education program for all persons working on the Project prior to the performing any work on site. The invasive species education program shall consist of a presentation from a Designated Biologist(s) that includes a discussion of the invasive species currently present within the Project site as well as those that may pose a threat to or have the potential to invade the Project site. The discussion shall include a physical description of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts. The invasive species education program shall also include a discussion of Best Management Practices (BMPs) to be implemented at the Project site to avoid the introduction and spread of invasive species into and out of the Project site.

2.9. Daily Clearance Survey. Before the start of daily Project activities, the Designated Biologist or construction monitor should survey the Project area to ensure wildlife incidentally trapped due to Project activities are allowed to escape.

2.9.1. Excavated Areas. At the end of each workday, Permittee shall, with the oversight of the Designated Biologist(s) or a trained construction management staff, secure any open trench or excavated area within the Project area addressed by this Agreement such that animals are unable to enter and become entrapped. The excavated areas must be secured using appropriate site- and species-specific methods, such as, placing plywood or other barrier materials over the excavated area, placing an escape ramp of suitable material and at an angle no greater than 30 degrees at each end of the open trench/excavated area, or installing temporary fencing around the perimeter of trenches or holes.

2.9.2. Check for Wildlife in Pipes/Construction Materials. Permittee shall visually inspect all sections of pipe/construction materials for the presence of wildlife sheltering within them prior to the pipe sections being placed in the trench and attached together or shall have the ends capped while stored on site to prevent wildlife from entering. After attaching the pipe sections EPIMS-RIV-43632-R6
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to one another, whether in the trench or not, the exposed end(s) of the pipeline shall be capped at the end of each day during construction to prevent wildlife from entering and being trapped in the pipeline. All pipes, hoses, or similar structures less than 12 inches in diameter shall be closed or covered to prevent animal entry.

2.10. Lighting and Fencing Impacts. No lighting shall be allowed to impact Murrieta Creek, its tributaries, or other avoided natural space areas. Lighting and fencing for infrastructure adjacent to these areas shall be designed or reviewed by a qualified biologist to allow wildlife to move within the streams and avoided natural areas without hindrance.

Nesting Bird Protection

2.11. Nesting Birds. It is the Permittee’s responsibility to avoid impacts to nesting birds.

Permittee shall ensure that impacts to nesting birds are avoided through the implementation of pre-construction surveys, ongoing monitoring, and if necessary, establishment of minimization measures.

2.11.1. Designated Biologist(s). The Permittee shall designate a biologist (Designated Biologist) with the following experience: identifying local and migratory bird species; conducting bird surveys using appropriate survey methodology (e.g., Ralph et al. 19931) and United States Fish and Wildlife Service [USFWS] and/or CDFW-accepted species-specific survey protocols, available here: https://wildlife.ca.gov/conservation/survey-protocols; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success (e.g., Martin and Geupel 19932); determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

2.11.2. Pre-construction Surveys. Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, within three (3) days prior to the initiation of Project activities addressed by this Agreement. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of area subject to this Agreement; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including 1 Ralph, C.J., G.R. Geupel, P. Pyle, T.E. Martin, and D.F. DeSanta. 1993. Handbook of field methods for monitoring land birds. General Technical Report PSW-GTR 144. USDA Forest Service Pacific Southwest Research Station. Albany, CA. 2 Martin, T.E. and G.R. Geupel. 1993. Nest-monitoring plots: methods for locating nests and monitoring success. Journal of Field Ornithology 64:507-514.

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nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations. The Designated Biologist shall not risk failure of the nest to determine the exact location or status and will make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. Results of pre-construction surveys shall be provided to CDFW at least one business day prior to commencement of Project activities, as identified in Measure 4.4. Results of ongoing monitoring surveys shall be provided to CDFW upon request.

2.11.3. Buffers. When an active nest is confirmed, the Designated Biologist shall immediately establish a conservative buffer surrounding the nest based on their best professional judgement and experience. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that it attracts predators. Once the buffer is established, the Designated Biologist shall document baseline behavior, stage of reproduction, and existing site conditions, including vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance. The Designated Biologist shall monitor the nest at the onset of Project activities addressed by this Agreement, and at the onset of any changes in Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that Project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly.

2.11.4. Ongoing Monitoring. The Designated Biologist shall be onsite daily to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Biologist shall document the status of all existing nests, including the stage of reproduction and the expected fledge date. If a nest is suspected to have been abandoned or failed, the Designated Biologist shall monitor the nest for a minimum of one hour (four hours for raptors), uninterrupted, during favorable EPIMS-RIV-43632-R6
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field conditions. If no activity is observed during that time, the Designated Biologist may approach the nest to assess the status.

2.11.5. Securing Site. The Permittee, under the direction of the Designated Biologist, may also take steps to discourage nesting on the Project site, including moving equipment and materials daily, covering material with tarps or fabric, and securing all open pipes and construction materials. The Designated Biologist shall ensure that none of the deterrent materials pose an entanglement risk to birds or other species. The Designated Biologist shall include a detailed account of any steps taken to discourage nesting within the Project site in the summary reports.

2.11.6. Reporting. The Designated Biologist shall be responsible for providing summary reports, as specified in Measure 4.5, where relevant, to CDFW no less than once weekly regarding the nesting species identified onsite, discovery of any of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. If Project activities result in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours of detection.

Least Bell’s Vireo

2.12. Least Bell’s Vireo. The Permittee shall not conduct ANY Project activities, including ground disturbance or vegetation removal activities, within 1,000 linear feet of least Bell’s vireo nesting habitat if nesting birds are present. Focused surveys following USFWS protocol for least Bell’s vireo shall be conducted to establish presence of nesting birds. The physical extent of the survey area shall include all areas within 500 feet of Project disturbance. Survey results shall be submitted in writing to CDFW for review. Nesting status will be determined by a Designated Biologist (see Measure 2.13.1 above) with expertise with the species in question, utilizing USFWS survey protocols and CDFW review of the nest monitoring data.

2.12.1.Survey protocol for least Bell’s vireo can be found at:
https://www.fws.gov/media/survey-guidelines-least-bells-vireo.

2.12.2.If least Bell’s vireo, or other listed bird species, are present within 500 feet of Project disturbance, the following avoidance measures shall be implemented:

2.12.2.1. No ground disturbance or vegetation removal activities shall take place until the young have fledged, or the nest has been determined to have failed.

2.12.2.2. If construction must take place within the buffer, a qualified acoustician shall monitor noise as construction approaches the edge EPIMS-RIV-43632-R6
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of the occupied vireo habitat as directed by the permitted biologist.

If the noise meets or exceeds the 60 dB(A) Leq threshold, or if the biologist determines that construction activities are disturbing nesting activities, the biologist shall have the authority to halt construction and shall consult with CDFW to devise methods to reduce the noise and/or disturbance. This may include methods such as, but not limited to, turning off vehicle engines and other equipment whenever possible to reduce noise, installing a protective noise barrier between the nesting birds and the activities, and working in other areas until the young have fledged. The CDFWapproved biologist shall monitor the nest daily until activities are no longer within 500 feet of the nest, or the fledglings become independent of their nest, or the nest has failed.

2.12.3.If least Bell’s Vireo is present during Project activities, Permittee shall be responsible for addressing all potential impacts by obtaining the appropriate CESA authorization prior to the initiation of Project activities. If pile driving activities within the Lake Elsinore Back Basin or Murrieta Creek are required, the activities shall occur outside of the breeding season to the greatest extent feasible. If pile driving activities occur during nesting season, the following measures shall be implemented:

2.12.3.1. The Permittee shall sponsor placement of two cowbird traps for each nesting season that pile driving activities occur. This measure is meant to improve the productivity of least Bell’s vireo during nesting season, to compensate for the potential temporary loss in reproductive output for any pile driving-related noise effects during nesting season.

2.12.3.2. Throughout the duration that pile driving activities occur during the least Bell’s vireo nesting season, a Biological Monitor shall conduct daily site visits to document how pile driving activities affect nesting least Bell’s vireo. The purpose of this monitoring is to gather information related to least Bell’s vireo activity during pile driving activities to inform future decisions regarding noise minimization.

Coordination with the CDFW and USFWS will be conducted prior to monitoring to discuss the information to be collected.

Burrowing Owl Protection

2.13. Burrowing Owl. Permittee shall ensure that impacts to burrowing owls are avoided through the implementation of pre-construction surveys, ongoing monitoring, and if necessary, establishment of minimization and mitigation measures.

2.13.1.Burrowing Owl Habitat Assessment. Prior to the initiation of Project activities, Permittee shall conduct a burrowing owl habitat assessment EPIMS-RIV-43632-R6
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consistent with the 2006 Burrowing Owl Survey Instructions3. A habitat assessment shall be conducted by Designated Biologist(s) knowledgeable of burrowing owl sign, habitat, ecology, and field identification of the species, during appropriate weather conditions, at least thirty (30) calendar days prior to the initiation of Project activities. The assessment shall consist of walking the Project site to identify the presence of burrowing owl habitat 4. If habitat is found on the Project site, then walk a 150-meter (approximately 500 feet) buffer zone around the Project boundary, if permission to access the buffer area has been obtained. If access permission cannot be obtained, visually inspect the adjacent habitat areas with binoculars or spotting scopes. Survey duration shall take into consideration the size of the property; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. A report summarizing the results of the habitat assessment shall be submitted to CDFW within 10 days of survey completion, as described in Measure 4.2.

2.13.2.Focused Survey for Burrowing Owls. If the burrowing owl habitat assessment identifies burrowing owl habitat onsite, Permittee shall have a qualified Designated biologist, pre-approved by CDFW, perform a survey for burrowing owls between 30 and 60 days prior to any Project impacts.

If the Project site is in within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Burrowing Owl Survey Area, the following is required. A minimum of one site visit must occur, but additional visits may be warranted depending on the results of the first site visit. Surveys conducted during the breeding season March 1 - August 31 are required to describe if, when, and how the site is used by burrowing owls. All surveys shall be conducted as described in Parts A and B below.

Surveys shall be conducted during weather that is conducive to observing owls outside their burrows and detecting burrowing owl sign. Surveys will not be accepted if they are conducted during rain, high winds (> 20 mph), dense fog, or temperatures over 90 °F. Part B surveys shall be conducted 3 Western Riverside County Multiple Species Habitat Conservation Plan (RCA). 2006. Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area.

Available for download at: https://www.wrcrca.org/species/survey_protocols/burrowing_owl_survey_instructions.pdf 4 Burrowing owls use a variety of natural and modified habitats for nesting and foraging that is typically characterized by low-growing vegetation. Burrowing owl habitat includes but is not limited to, short or sparse vegetation (at least at some time of year), presence of burrows, burrow surrogates or presence of fossorial mammal dens, well-drained soils, and abundant and available prey. Vegetation and features may include native and non-native grassland, interstitial grassland with shrub lands, shrub lands with low density shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields, pastureland, dairies, fallow fields, and agricultural use areas. Burrowing owls typically use burrows made from fossorial (adapted for burrowing or digging) mammals such as ground squirrels or badgers, and often manmade structures such as earthen berms; cement culverts; cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement EPIMS-RIV-43632-R6
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in the morning one hour before sunrise to two hours after sunrise or in the early evening two hours before sunset to one hour after sunset. Count and map all burrowing owl sightings, occupied burrows, and burrows with owl sign. Record the location of all owls including numbers of pairs and juveniles and any behavior such as courtship and mating. Map the extent of all suitable habitat. Owl signs may not be detectable if surveys under Part A are conducted within 5 days following rain. Absence of burrowing owl sign cannot be used to confirm absence of the species if the focused burrow survey (Part A) is conducted within 5 days of rain; therefore, in this instance, completion of all four focused burrowing owl surveys (Part B) is required.

Part A: Focused Burrow Surveys
A focused burrow survey that includes natural burrows or suitable manmade structures needs to be conducted as described below.

1. A systematic survey for burrows including burrowing owl sign shall be conducted by walking through suitable habitat over the entire survey area (i.e., the Project site and within 150 meters). Pedestrian survey transects need to be spaced to allow 100% visual coverage of the ground surface. The distance between transect center lines should be no more than 30 meters (approximately 100 ft.) and should be reduced to account for differences in terrain, vegetation density, and ground surface visibility. To efficiently survey Projects larger than 100 acres, it is recommended that two or more qualified surveyors conduct concurrent surveys.

2. The location of all suitable burrowing owl habitat, potential owl burrows, burrowing owl signs, and any owls observed shall be recorded and mapped, including GPS coordinates. If the survey area contains natural or man-made structures that could potentially support burrowing owls, or owls are observed during the burrow surveys, the systematic surveys shall continue as described in Part B. If no potential burrows are detected, no further surveys are required. A written report including photographs of the Project site, location of burrowing owl habitat surveyed, location of transects, and burrow survey methods shall be prepared as described in Measure 2.15.1.

Part B: Focused Burrowing Owl Surveys
Focused Burrowing Owl Surveys shall consist of site visits on four separate days at least one week apart. The first one may be conducted concurrent with the Focused Burrow Survey.

1. Upon arrival at the survey area and prior to initiating the walking surveys, surveyors using binoculars or spotting scopes shall scan all suitable habitat, location of mapped burrows, owl sign, and owls, EPIMS-RIV-43632-R6
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including perch locations to ascertain owl presence. This is particularly important if access has not been granted for adjacent areas with suitable habitat.

2. A survey for owls and owl sign shall then be conducted by walking through suitable habitat over the entire Project site and within the adjacent 150 m (approx. 500 feet), if permission to access the buffer area has been obtained. These “pedestrian surveys” should be spaced to allow 100% visual coverage of the ground surface. The distance between transect center lines should be no more than 30 meters (approx. 100 feet.) and should be reduced to account for differences in terrain, vegetation density, and ground surface visibility. To efficiently survey projects larger than 100 acres, it is recommended that two or more qualified surveyors conduct concurrent surveys. It is important to minimize disturbance near occupied burrows during all seasons.

3. If access is not obtained, then the area adjacent to the Project site shall also be surveyed using binoculars or spotting scopes to determine if owls are present in areas adjacent to Project site. This 150-meter buffer zone is included to fully characterize the population. If the site is determined not to be occupied, no further surveys are required except as described below.

2.13.3.Burrowing Owl Pre-Construction Inspection. If burrows or suitable burrowing owl habitat is found onsite, Permittee shall have a qualified biologist, pre-approved by CDFW, inspect all burrows that exhibit typical characteristics of owl activity within three (3) days prior to any ground disturbing or site-preparation activities. Evidence of owl activity may include presence of owls themselves, burrows, and owl signs at burrow entrances such as pellets, whitewash or other “ornamentation,” feathers, prey remains, etc. If owl presence is difficult to determine, Permittee shall monitor the burrows with motion-activated trail cameras for at least 24 hours to evaluate burrow occupancy. If it is evident that the burrows are actively being used, Permittee shall not commence activities until no sign is present that the burrows are being used by adult or juvenile owls or following CDFW approval of a Burrowing Owl Plan as described in Measure 2.15.6. CDFW shall be notified in writing of detection of active burrows within three (3) days.

2.13.4.Burrowing Owl Survey Results. Permittee shall submit the survey methodology and results within ten days of survey completion and at least twenty-one days prior to commencement of Project activities addressed by this Agreement to CDFW Inland Deserts Region at the address below under Contact Information. Results shall discuss the survey methodology, transect width, duration, conditions, and results of the survey. Appropriate maps showing burrow locations shall be included.

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If the report indicates further surveys are not required, then the report should state the reason(s) why further focused burrowing owl surveys are not necessary.

2.13.5.Burrowing Owls Observed During Construction. If burrowing owls are observed within Project Site(s) during Project implementation and construction, Permittee shall notify CDFW immediately in writing at the address below under Contact Information (reference SAA# EPIMS-RIV43632-R6). Further, Permittee shall be responsible for implementing appropriate avoidance and mitigation measures, including burrow avoidance, passive or active relocation, or other appropriate mitigation measures as identified in the Burrowing Owl Plan (Measure 2.15.6).

2.13.6.Burrowing Owl Plan. If burrowing owls are detected on the Project site, the Permittee shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval at least 30 days prior to initiation of Project activities. If burrowing owls are detected after Project activities have been initiated, a Burrowing Owl Plan shall be submitted to CDFW for review and approval within two weeks of detection and no Project activity shall continue within 300 -1000 feet dependent upon burrowing owl nesting status and location. The Burrowing Owl Plan shall describe proposed avoidance, relocation, monitoring, minimization, and/or mitigation actions.

If the site is within an MSHCP Criteria Area, then at least 90 percent of the area with long-term conservation value shall be included in the MSHCP Conservation Area. If the Project site (including adjacent areas) supports three or more pairs of burrowing owls and supports greater than 35 acres of suitable habitat and is non-contiguous with MSHCP Conservation Area lands, at least 90 percent of the area with long-term conservation value and burrowing owl pairs shall be conserved onsite. The Burrowing Owl Plan shall include the number and location of occupied burrow sites and details on proposed buffers if avoiding the burrowing owls or information on the adjacent or nearby suitable habitat available to owls for relocation.

If no suitable habitat is available nearby for relocation, details regarding the creation and funding of artificial burrows (numbers, location, and type of burrows) and management activities for relocated owls shall also be included in the Burrowing Owl Plan. The Permittee shall implement the Burrowing Owl Plan following CDFW review and approval.

Crotch’s Bumble Bee

2.14. Crotch’s Bumble Bee – Habitat Mapping. No less than 120 days prior to the initiation of activities addressed by this Agreement, Permittee shall complete and submit to CDFW for review and comment a baseline habitat mapping report encompassing Fish and Game Code section 1602 resources (including channel side slopes) identified under this Agreement. Mapping will identify habitat alliances following Sawyer et al. (2009[1]) and the report will identify species composition for each mapped alliance. Results of the habitat mapping effort EPIMS-RIV-43632-R6
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shall be submitted to CDFW as specified in Measure 4.5.

2.15. Crotch’s Bumble Bee – Surveys. If habitat mapping completed pursuant to Measure 2.16 identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum, Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat, Permittee shall:

2.15.1.Retain an appropriately qualified biologist to prepare a draft survey plan, and conduct surveys for Crotch’s bumble bee. The name and qualifications of the proposed biologist shall be submitted to CDFW for review and comment prior to preparation of the draft survey plan (Measure 2.15.2) or commencement of surveys (Measure 2.15.3). The qualifications shall clearly identify direct experience conducting surveys for and identification of Crotch’s bumble bee.

2.15.2.No Less than 90 days prior to initiation of Project activities addressed by this Agreement, the qualified biologist identified in Measure 2.15.1 shall prepare and submit to CDFW for review and comment a draft survey plan for Crotch’s bumble bee. Survey methodology shall generally follow the U.S.

Fish and Wildlife Service protocol for the Rusty Patched bumble bee (USFWS 2019[2]). Crotch’s bumble bee are typically active between March and September, with peak activity coinciding with peak forage blooming periods. CDFW recommends the completion of multiple surveys, coinciding with the peak blooming periods of the plant genera listed in Measure 2.15.

The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s bumble bee be detected within the Project area. The survey plan shall be submitted to CDFW as described in Measure 4.6.

2.15.3.The qualified biologist identified in Measure 2.15.1 shall complete surveys for Crotch’s bumble bee, following the CDFW-reviewed survey plan identified in Measure 2.15.2. Following completion of surveys, and no less than 30 days prior to initiation of Project activities addressed by this Agreement, survey results shall be submitted to CDFW for review and comment as described in Measure 4.7. Survey results will describe the number and timing of surveys, and results of survey efforts. If Crotch’s bumble bee are detected during surveys, Project activities shall NOT occur in any occupied habitat areas and the qualified biologist identified in Measure 2.15.1 shall immediately notify CDFW via the email addresses and phone number listed below under Contact Information.

2.15.4.Permittee shall conduct flight/forage and nest search surveys for the species in the following manner:

2.15.4.1. Surveys shall be conducted during the appropriate season, EPIMS-RIV-43632-R6
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between February 1 and October 31.

2.15.4.2. Work sites containing any one or more of the following habitat requisites shall be surveyed: flowering vegetation, any potential preferred nectar plants, small mammal burrows, bunch grasses, thatch, brush piles, old bird nests, dead trees.

2.15.4.3. During the flight survey effort, if bumble bees are observed using any animal burrow entrances, the approved qualified biologist will block/cover any burrow entrance with a sandbag/jar/vial (or similar) of appropriate size and return in 30 minutes to determine if the bees are potential Crotch’s bumble bee and if a potential nest could be present. If bumble bees are observed using bunch grasses, thatched annual grasses, brush piles, old bird nests, dead trees, or hollowed logs, the resource area will be flagged and monitored by the approved qualified biologist for 15 minutes to determine if a potential nest could be present.

2.15.5.To reduce potential impacts to Crotch’s bumble bee to the greatest extent feasible the following measures shall be included in the Crotch’s bumble bee survey plan:

2.15.5.1. If during vegetation removal and ground clearing activities an overwintering or dead Crotch’s bumble bee is observed, activities shall immediately stop and a 100 ft Environmentally Sensitive Area boundary will be erected. A Crotch’s bumble bee approved qualified biologist will be notified and will evaluate the site. CDFW will be immediately notified thereafter for consultation.

Best Management Practices

2.16. Best Management Practices. Permittee shall actively implement BMPs to prevent erosion and the discharge of sediment and pollutants during Project activities. BMPs shall be monitored and repaired if necessary to ensure maximum erosion, sediment, and pollution control. Permittee shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono-filament netting (erosion control matting) or similar material. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the Project site shall be free of non- native plant materials. Fiber rolls or erosion control mesh shall be made of loose- weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non-welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread. Permittee shall ensure BMPs do not pose a barrier to wildlife movement and shall be installed to allow for the safe passage of wildlife movement, particularly of less vagile species (such as small mammals and reptiles), out of the Project area. Long, continuous lengths of silt-fencing or other BMP materials EPIMS-RIV-43632-R6
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installed without gaps can create a barrier to wildlife movement, trapping wildlife within the Project area. Areas of safe passage can be easily accommodated by leaving small gaps between parallel and overlapping lengths of BMPs.

2.17. If work is performed within the stream channel during the winter storm period, the Permittee shall monitor the five (5) day weather forecast. If it is forecasted for any precipitation, work activities shall involve the securing of the site, so as no materials may enter or be washed into the stream. The site shall be completely secured one (1) day prior to precipitation, unless prior written approval has been provided by CDFW. During period of precipitation, no construction activities may occur; activities involving the preventing of materials from entering the stream or being washed downstream may be conducted.

Equipment and Vehicles

2.18. Equipment and Vehicles. Any equipment or vehicles driven and/or operated within or adjacent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.

2.19. Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream/lake shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. Clean up equipment such as extra booms, absorbent pads, skimmers, shall be on site prior to the start of construction.

2.20. Staging and Storage Areas. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. Any materials placed in seasonally dry portions of a stream or lake that could be washed downstream or could be deleterious to aquatic life shall be removed from the Project site prior to inundation by high flows.

2.21. Equipment Maintenance. No equipment maintenance shall be done within or near any stream, channel, or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow.

Trash and Pollution Measures

2.22. Trash Abatement and Refuse Removal. Permittee shall ensure that trash and food items are contained in animal-proof containers and removed at the end of each work day to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs. Upon completion of Project activities within each Project location, Permittee shall remove and properly dispose of all construction refuse, including, but not limited to, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.

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2.23. Pollution and Litter. Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance.

2.23.1.Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil may be washed back into a lake, streambed, or flowing stream where it may impact streambed habitat and aquatic or riparian vegetation.

2.23.2.No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream.

2.23.3.No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow.

2.26 Turbidity and Siltation. All equipment that enters the streambed or habitat associated with the stream shall be clean and dry. Upon CDFW determination that turbidity/siltation levels resulting from Project-related activities constitute a threat to aquatic life, activities associated with the turbidity/siltation shall be halted until effective CDFW approved control devices are installed, or abatement procedures are initiated.

2.27 Spill Containment. All activities performed in or near a stream shall have absorbent materials designated for spill containment and cleanup activities onsite for use in an accidental spill. If a spill occurs the Permittee shall immediately notify the California Emergency Management Agency at 1-800-852-7550 and immediately initiate the cleanup activities. CDFW shall also be notified within 24 hours by the Permittee and consulted regarding clean-up procedures.

2.28 Disposal of Vegetation. Following any vegetation clearing/removal activities, Permittee shall immediately chip woody debris to pieces 1-inch in diameter or less and dispose of the materials using one of the following methods: a) solarize with clear tarp, b) compost at a commercial facility, c) burn at a biogeneration facility, or d) send to a landfill (can be utilized as Alternative Daily Coverage).

Plant material infested with polyphagous shot hole borer will follow handling procedures found at http://eskalenlab.ucr.edu/handouts/decisionmaking.pdf .

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Invasive Species

2.29 Prohibited Plant Species. Permittee shall not plant, seed or otherwise introduce invasive exotic plant species. Prohibited exotic plant species include those identified in the California Exotic Pest Plant Council's database, which is accessible at: https://www.cal-ipc.org/plants/inventory/.

2.30 Nonnative Plant Species. CDFW recommends the use of native plants to the greatest extent feasible in the landscaped areas near streams, open space/natural areas, and mitigation sites. Permittee shall not plant, seed, or otherwise introduce invasive nonnative plant species to the landscaped areas adjacent to and/or near streams, open space/natural areas, water quality/detention basins, or mitigation sites (minimum 150 meter setback).

Invasive nonnative plant species not to be used include those species listed on the “California Invasive Plant Inventory, February 2006” and the “February 2007 Inventory Update”, (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-ipc.org, or by email at [email protected].

2.31 Clean Equipment Prior to Entering Area Regulated by Agreement. All equipment shall be free of materials deleterious to aquatic life including noxious and nuisance weeds, aquatic invasive species, oil, grease, hydraulic fluid, soil and other debris. The Permittee shall follow equipment washing guidelines (see Measures 2.31.1 to 2.31.6 below) The certification of clean equipment shall be completed by the Permittee for all equipment prior to initially entering areas regulated by this Agreement.

2.31.1 Clean Equipment Prior to Entering Stream. Prior to working within the stream, all equipment shall be closely examined for oil and fuel discharges. Any contaminants shall be cleaned prior to any work within a streambed and shall be maintained daily. In addition, equipment shall be cleaned daily to ensure non-natives are not introduced into mitigation areas, or spread throughout Project sites.

2.31.2 Inspection of Project Equipment. Permittee shall inspect all vehicles, tools, waders and boots, and other Project-related equipment and remove all visible soil/mud, plant materials, and animal remnants prior to initially entering areas regulated by this Agreement.

2.31.3 Decontamination of Project Equipment. Permittee shall decontaminate all tools, waders and boots, vehicles, trailers, and other equipment that will be used in areas regulated by this Agreement and make contact with EPIMS-RIV-43632-R6
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water or wetted soils prior to initially entering and upon reentering with verification that subsequent decontamination is required with the following specific guidance: Permittee shall decontaminate Project gear and equipment utilizing one of three methods: drying, using a hot water soak, or freezing, as appropriate to the type of gear or equipment. For all methods, Permittee shall begin the decontamination process by thoroughly scrubbing equipment, paying close attention to hard to reach areas and clean areas with a stiff-bristled brush to remove all plant, seeds, soil, and other organisms. To decontaminate by drying, Permittee shall allow equipment to dry thoroughly (i.e., until there is a complete absence of water and all plant, seeds, and soil), preferably in the sun, for a minimum of 48 hours. To decontaminate using a hot water soak, Permittee shall immerse equipment in 140°F or hotter water and soak for a minimum of 5 minutes. To decontaminate by freezing, Permittee shall place equipment in a freezer 32°F or colder for a minimum of 8 hours.

Repeat decontamination is required only if the equipment/clothing is removed from the site, used in contact with water or wet soil within a different watershed, and returned to the Project site.

2.31.4 Decontamination of Vehicles and Equipment. Permittee shall decontaminate vehicles and other Project-related equipment too large to immerse in a hot water bath by pressure washing with hot water a minimum of 140°F at the point of contact or 155°F at the nozzle.

Additionally, Permittee shall flush watercraft engines and all areas that could contain standing water (e.g., storage compartments) for a minimum of 10 minutes. Following the hot water wash, Permittee shall dry all vehicles, watercraft, and other large equipment as thoroughly as possible.

Repeat decontamination is required only if vehicles and/or equipment is removed from the site and used in contact with water or wet soil within a different watershed and returned to the Project site.

2.31.5 Decontamination Sites. Permittee shall perform decontamination of vehicles, watercraft, and other Project gear and equipment in a designated location where runoff can be contained and not allowed to pass into any river, lake, or stream and associated riparian areas and other sensitive habitat areas. Cleaning of equipment may occur at a location that contains and recycles resulting wastewater.

2.31.6 Other Project Equipment. Permittee or designee shall require operators of equipment to re-certify equipment upon reentry to areas regulated by this Agreement. Permittee shall require operators of equipment subject to recertification that are reentering after contact with water and/or wet soil from a stream or lake in areas outside those regulated under this Agreement to follow equipment washing guidelines (see measures above).

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2.32 Notification of Invasive Species. Permittee shall notify CDFW immediately if an invasive species not previously known to occur within the Project site is discovered during Project activities by submitting a completed Suspect Invasive Species Report (available online at:
https://wildlife.ca.gov/Conservation/Invasives/Report) and photos to the Invasive Species Program by email at: [email protected]. Notification may also be provided by calling (866) 440- 9530. Upon receiving notification, CDFW will provide Permittee with guidance for further action as appropriate to the species.

Downstream Flow

2.33 Maintain Historic Downstream Flows. Permittee shall design all flow conveyance structures to maintain downstream timing and volume of flows to Murrieta Creek and the Lake Elsinore Back Basin to historic flow patterns. Permittee shall ensure turbidity, siltation, or pollution is not increased to downstream reaches. Flows to downstream reaches shall be provided during all times that the natural flow would have occurred. Normal flow shall be restored to the affected stream immediately upon completion of work at that location. Permittee shall monitor downstream conditions to ensure historic flow patterns are maintained.

Work Design

2.34 Work According to Plans. Final stamped engineered design plans shall be submitted to CDFW a minimum of 30 days prior to start of Project activities, for review by CDFW prior to Project start. The final plans shall be based on the Project design plans submitted to CDFW in the notification package. If the submitted Project plans differ substantially from the Project description, CDFW may require an amendment to this Agreement or submission of a new notification prior to starting the Project.

3. Compensatory Measures
To compensate for the temporary impacts to 2.63 acres and permanent impacts to 1.34 acres of stream bed, bank, and channel identified above, the Permittee shall provide for mitigation for temporary impacts through Measure 3.1 and permanent impacts through Measure 3.2.1 AND one of the options listed under Measure 3.2 and each measure thereafter:

3.1 Onsite Temporary Restoration. To compensate for temporary impacts to 2.63 acres of fish and wildlife resources subject to Fish and Game Code section 1600 et seq., Permittee shall restore no less than 2.63 acres of in-kind streambed and associated habitat (Onsite Temporary Restoration Area) immediately following the completion of Project activities.

3.1.1 Habitat Mitigation and Monitoring Plan (HMMP). No less than 30 days prior to the initiation of Project activities, the Permittee shall develop a Habitat Mitigation and Monitoring Plan (HMMP), EPIMS-RIV-43632-R6
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prepared by a biologist familiar with restoration of native plants.

The HMMP shall include and is not limited to 1) plantings of both overstory and understory vegetation, 2) a list of tree species being removed from the Project site, 3) impacted areas shall be returned to original contours, 4) a hydroseed mix appropriate to wetland and riparian vegetation within the Project area, consisting entirely of seeds of native species. Permittee shall monitor the Onsite Temporary Restoration Areas for a minimum of 5 years until the success criteria within the HMMP is met (Measure

3.1.1.7). The HMMP shall also include a description of seed and/or plant numbers, container sizes, and planting location, by species; the proposed monitoring activities (e.g., locations, techniques, scheduling); success criteria; maintenance operations with particular emphasis on watering methods and schedules; and any/all other references to revegetation and restoration activities specified by this Agreement. A primary monitoring survey shall be conducted in Spring and Fall, and an annual quantitative survey (Annual Monitoring Report) shall be performed to determine the success of restoration efforts (survival, cover, and growth of plants).

3.1.1.1 Habitat Restoration Manager. Permittee shall identify a proposed Habitat Restoration manager. The Habitat
Restoration manager may be the landowner or another
party. Documents related to habitat restoration
management shall identify both the Habitat Restoration
Manager. Permittee shall notify CDFW of any
subsequent changes in the Habitat Restoration manager
within 30 days of the change.

3.1.1.2 Restoration Specialist. The HMMP shall be prepared by persons with expertise in southern California
ecosystems and native plant re-vegetation techniques
(restoration specialist). Planting, maintenance,
monitoring, and reporting activities shall be overseen by the restoration specialist familiar with restoration of native plants.

3.1.1.3 Site Description. A description of the physical conditions and vegetation communities including a
map and GIS shapefiles. Photo-documentation of
restored areas shall be provided before and after
restoration.

3.1.1.4 Native Plant Sources. Plant material for revegetation shall be derived from cuttings, materials salvaged from EPIMS-RIV-43632-R6
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disturbed areas, and/or seeds obtained from randomly
selected native trees and shrubs occurring locally
within the same drainages. Any replacement tree/shrub
stock, if used, which cannot be grown from cuttings or
seeds, shall be obtained from a native plant nursery, be ant-free, and shall not be inoculated to prevent heart
rot.

3.1.1.5 Maintenance Activities. A description of maintenance operations with particular emphasis on invasive species control and watering methods and schedules; details on
any irrigation to be used, if applicable, that includes method of watering; sprinkler placement, if applicable; and timing/schedule; irrigation may only be used to help the plants become established during the first three
years following planting. Watering/ irrigation of the site shall be discontinued at least two years prior to
completion of the monitoring period.

3.1.1.6 Corrective Actions: A description of corrective actions to be taken when restoration measures do not meet the
proposed targets.

3.1.1.7 Success Criteria. The HMMP shall identify the success criteria for the habitat restoration site. The reference site shall be approved by CDFW. The success criteria shall
include percent relative and absolute cover (invasive and native vegetation), species diversity, abundance, and
any other measures of success deemed appropriate by
CDFW. Permittee shall be responsible for any cost
incurred during the restoration/mitigation or in
subsequent corrective measures.

3.1.2 Mitigation Success. After the fifth monitoring year, if the Onsite Temporary Restoration Area has met the success criteria outlined in the HMMP, CDFW may request a site visit to determine if the Measure 3.1 is complete. The site shall be free of trash and any irrigation infrastructure if it was used (unless there is an acceptable justification for leaving the irrigation system in place).

3.1.3 Contingency Measures. If the survival and cover requirements have not been met as established in the HMMP, the Permittee shall follow contingency measures, including but not limited to, performing modifications to the existing habitat, extending restoration time period, or other actions. Any contingency actions will be determined in coordination with CDFW. If Permittee proposes to meet the success criteria through modifications to the EPIMS-RIV-43632-R6
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existing habitat or creation of additional habitat, Permittee shall be responsible for maintaining and monitoring these areas with the same survival and growth requirements for the Onsite Temporary Restoration Areas as outlined in the HMMP for five years after planting, or until CDFW deems the sites successful.

3.2 Permanent Impact- Habitat Rehabilitation and/or Re-establishment

3.2.1 Habitat Rehabilitation and/or Re-establishment – Off-site (Mitigation Bank). Permittee shall compensate for the permanent impacts of 1.27- acres of stream bed, bank, and channel, through the acquisition of no less than 1.27-acres of Re-establishment credits and 1.27 acres of Rehabilitation and/or Re-establishment credits through Riverpark Mitigation Bank. Mitigation credits shall be purchased, and receipt provided to CDFW, no later than 30 days prior to the initiation of Project Covered Activities, which includes staging and site preparation, unless security is provided pursuant to Measure 3.4.

3.2.2 Option 1: Habitat Rehabilitation and/or Re-establishment and Protection – Onsite (Mitigation Site). To compensate for the remaining permanent impacts to 0.07 acres of fish and wildlife resources subject to Fish and Game Code section 1600 et seq., Permittee shall restore and perpetually protect and manage no less than 0.21 acres of in-kind streambed and associated habitat (Mitigation Site) immediately following the completion of Project activities.

3.2.3 Option 2: Habitat Rehabilitation and/or Re-establishment and Protection – Off-site (Mitigation Site). Permittee shall compensate for the remaining permanent impacts to 0.07 acres to stream bed, bank, and channel, through the acquisition, rehabilitation/re-establishment, and perpetual conservation and management of a “Mitigation Site”, or several mitigation sites, containing no less than 0.21 acres of streambed and stream-associated habitat within the Lake Elsinore Back Basin or alternative location approved by CDFW within Riverside County.

3.3 Permittee Responsible Mitigation: For both Option 1 and Option 2, the Permittee shall prepare, or fund the preparation of, a Habitat Mitigation and Monitoring Plan (Mitigation HMMP; Measure 3.3.2); and a Long-Term Management Plan (LTMP; Measure 3.3.1.4) designed to sustain or surpass the habitat quality of the Mitigation Site in perpetuity. Permittee shall also establish long-term management funding (Measure 3.3.1.5). Permanent protection and funding for perpetual management of Mitigation Site lands must be complete prior to initiation of Project activities, or within 18 months of starting Project activities if Security is provided pursuant to Measure 3.4 below for all uncompleted obligations.

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3.3.1 Habitat Acquisition and Protection. Permittee shall obtain written approval from CDFW for the proposed Mitigation Site(s) with a minimum of 2.75 acres of offsite streambed and stream-associated habitat. Permittee shall submit a proposed Mitigation Site for CDFW review and approval no later than five months prior to the start of Project activities OR four months following start of Project activities if Security is provided.

3.3.1.1 Long-Term Conservation of Mitigation Site(s). After CDFW approval of the Mitigation Site (Measure 3.3.1) and no later than four months prior to the start of Project activities OR six months following start of Project activities if Security is provided, Permittee shall provide the following to
CDFW. Permittee shall use a CDFW-provided template and
provide a draft Conservation Easement to CDFW for CDFW
review and approval. Permittee shall also provide the
necessary documents specified in the CDFW Habitat
Management Land Acquisition Package Checklist for Third Party Beneficiary (TPB) Project Applicants, to be provided by CDFW, in preparation for conservation easement(s)
recordation. All documents conveying the Mitigation Site(s) and all conditions of title are subject to the review and approval of CDFW. Permittee shall ensure the preservation and long-term management of the CDFW-approved 3.79
acres of streambed and stream-associated habitat within the Mitigation Site(s) through recordation of a conservation easement(s). Permittee shall record a conservation easement approved by CDFW with an entity, to be approved by CDFW, acting as grantee for a conservation easement. CDFW shall be expressly named in the conservation easement as a thirdparty beneficiary. CDFW shall, in its sole discretion, approve the entity to act as grantee. The conservation easement shall expressly require implementation of the LTMP by the land manager, as authorized by the landowner and shall expressly require the grantee to monitor implementation of the LTMP.

Permittee shall record the conservation easement after CDFW approval of the conservation easement and all associated documents prior to the start of Project activities OR within 18 months following start of Project activities if Security is provided. Permittee shall be responsible for all costs in recording and funding the conservation easement, including conservation easement monitoring and long-term
management costs.

3.3.1.2 Mitigation Site Land Manager. After CDFW approval of the Mitigation Site (Measure 3.3.1) and no later than four
months prior to the start of Project activities OR six
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months following start of Project activities if Security is provided, Permittee shall obtain CDFW approval of a land manager entity to manage the Mitigation Site. Permittee shall identify separate entities to fulfill the grantee and land manager roles. Permittee shall also obtain CDFW approval of an interim Mitigation Site land manager if they are different than the long-term Mitigation Site manager. The interim and/or long-term land managers may be the landowner or another party approved by CDFW. Documents related to land
management shall identify both the interim and long-term land managers. Permittee shall notify CDFW, for review and
approval, of any subsequent changes in the land manager within 30 days of the change.

3.3.1.3 Start-Up Activities. Permittee shall provide for the implementation of start-up activities, including the initial site protection of the CDFW-approved Mitigation Site(s). Start-up activities include, at a minimum: 1) preparing both a HMMP (Measure 3.3.2) and a LTMP (Measure 3.3.1.4) for CDFW
approval, 2) conducting baseline biological assessment and land survey report during the first growing season, 3)
developing and transferring to the Geographic Information Systems (GIS) data if applicable, 4) establishing initial fencing (if necessary), 5) conducting initial removal of litter and debris, and 6) installing signage.

3.3.1.4 Long Term Management Plan (Mitigation Site). After CDFW approval of the mitigation Site (Measure 3.3.1) and no
later than three months prior to the start of Project
activities OR six months following start of Project
activities if Security is provided, Permittee shall provide the following to CDFW for review and written approval an LTMP. The LTMP be implemented in perpetuity and shall be designed to sustain or surpass the habitat quality of the Mitigation Site(s) upon achieving Mitigation Site HMMP
success criteria as approved by CDFW in writing. At a
minimum, the LTMP shall identify: 1) a description of the physical conditions of the Mitigation Site upon achieving Mitigation Site HMMP success criteria, including water
resources and habitat types, and a map that identifies the location of the site; 2) goals related to sustaining habitat quality, wildlife usage, and overall function of the Mitigation Site; and 3) management strategies proposed to meet those goals, including but not limited to a monitoring and
management schedule, adaptive management plans,
strategies to address foreseeable site disturbances (e.g., EPIMS-RIV-43632-R6
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dumping, wildfires, unauthorized recreational activities, etc.), and maintenance of signage and fencing. The Permittee shall be responsible for implementing the LTMP and shall submit a Management Report every five years documenting, at a
minimum: 1) management activities completed within the
previous five-year term, including: (a) any remedial measures completed, (b) details of non-native species removal including:
(i) species and location where they were removed, (ii) the amount and frequency of removal, and (iii) the techniques used, (c) adaptive management strategies developed and how they were implemented, and (d) enforcement activity
necessary; 2) an assessment of overall habitat quality within the Mitigation Site, including: (a) percent native and non-native vegetation cover, (b) any shifts in habitat type, (c) any loss of habitat cover, (d) any change in water resources, and (e) any new non-native species observed; and 3) an evaluation of the success or failure of management strategies implemented and any changes to management strategies proposed in response to the successes or failures. The Management Report shall include photos documenting the management activities.

3.3.1.5 Property Analysis Record for Mitigation Site HMMP and LongTerm Management Fund. Permittee shall provide, a Property Analysis Record (PAR), or substantially equivalent analysis, Mitigation Site developed in coordination with a conservation entity to CDFW for review and approval no later than two months prior to the start of Project activities OR three months following start of Project activities if Security is provided. The PAR shall identify the costs for implementation of the Mitigation Site HMMP and LTMP and calculate an
endowment that is sufficient to fund the implementation of the LTMP in perpetuity (Long-term Endowment Fund;
Endowment).

3.3.1.6 Endowment Fund (Permittee Responsible Mitigation). For Permittee Responsible Mitigation, the Permittee shall ensure that the Mitigation Site is perpetually managed, maintained, and monitored by the long-term land manager as described in this Agreement, the conservation easement, and the LTMP approved by CDFW. After obtaining CDFW approval of the
Mitigation Site, Permittee shall provide long-term management funding for the perpetual management of the Mitigation Site by establishing a separate long-term management fund
(Endowment) for the site. The Endowment is a sum of money, held in a CDFW-approved fund that provides funds for the perpetual management, invasive species control (as needed), EPIMS-RIV-43632-R6
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monitoring, and other activities on the Mitigation Site consistent with the management plan(s) required by Measure 3.3.1.4.

Endowment as used in this Agreement shall refer to the
endowment deposit and all interest, dividends, other earnings, additions, and appreciation thereon. The Endowment shall be governed by this Agreement, Government Code sections
65965-65968, as amended, and Probate Code sections 18501- 18510, as amended.

After the interim management period, Permittee shall ensure that the designated long-term land manager implements the management and monitoring of the Mitigation Site according to LTMP. The long-term land manager shall be obligated to
manage and monitor the Mitigation Site in perpetuity to preserve their conservation values in accordance with this Agreement, the conservation easement, and the LTMP. Such activities shall be funded through the Endowment.

3.3.1.7 Identify an Endowment Manager. The Endowment shall be held by the Endowment Manager, which shall be an entity qualified pursuant to Government Code sections 65965-65968, as amended, and approved in writing by CDFW in its sole discretion. Permittee shall submit to CDFW a written proposal for an Endowment Manager along with a copy of the proposed Endowment Manager’s certification pursuant to Government Code section 65968(e). CDFW shall notify Permittee in writing of its approval or disapproval of the proposed Endowment Manager. If CDFW does not approve the proposed Endowment Manager, it shall provide Permittee with a written explanation of the reasons for its disapproval.

3.3.1.8 Calculate the Endowment Funds Deposit. After obtaining CDFW written approval of the Mitigation Sites, LTMP, and Endowment Manager, Permittee shall prepare a Long-Term
Management Endowment PAR (or PAR-equivalent analysis) to calculate the amount of funding necessary to ensure the longterm management of the Mitigation Site (Endowment Deposit Amount). The Permittee shall submit to CDFW for review and approval the results of the Long-Term Management
Endowment PAR before transferring funds to the Endowment Manager.

3.3.1.9 Capitalization Rate and Fees. Permittee shall obtain the capitalization rate from the selected Endowment Manager for use in calculating the Long-Term Management Endowment
PAR and adjust for any additional administrative, periodic, or EPIMS-RIV-43632-R6
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annual fee. The capitalization rate used to calculate the PAR shall be 3.5% or less, unless otherwise approved in writing by CDFW.

3.3.1.10 Endowment Buffers/Assumptions. Permittee shall include in the Long-Term Management Endowment PAR assumptions the
following buffers for endowment establishment and use that will substantially ensure long-term viability and security of the Endowment:

3.3.1.10.1 10 Percent Contingency. A 10 percent contingency shall be added to each endowment calculation to hedge
against underestimation of the fund, unanticipated
expenditures, inflation, or catastrophic events.

3.3.1.10.2 Three Years Delayed Spending. The endowment shall be established assuming spending will not occur for the first three years after full funding.

3.3.1.10.3Non-annualized Expenses. For all large capital expenses to occur periodically but not annually such as fence replacement or well replacement, payments shall
be withheld from the annual disbursement until the year of anticipated need or upon request to Endowment
Manager and CDFW.

3.3.1.11 Transfer Long-term Endowment Funds. Permittee shall transfer the Long-Term Endowment Funds to the Endowment Escrow Account or the Endowment Fund Manager upon CDFW
approval of the Endowment Fund Amount identified above prior to the start of Project activities OR within 18 months following start of Project activities if Security is provided. The Endowment Manager shall, at all times, hold and manage the Endowment in compliance with this Agreement, Government Code sections 65965-65968, as amended, and Probate Code sections 18501-18510, as amended.

3.3.2 Habitat Mitigation and Monitoring Plan. After CDFW approval of the Mitigation Site (Measure 3.3.1) and no later than four months prior to the start of Project activities OR six months following start of Project activities if Security is provided, Permittee shall submit to CDFW for review and written approval a Mitigation Site Habitat Mitigation and Monitoring Plan (HMMP). At a minimum, the Mitigation Site HMMP shall EPIMS-RIV-43632-R6
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include the following:

3.3.2.1 Restoration Specialist. Preparation of the Mitigation Site HMMP shall be by persons with expertise in southern California ecosystems and native plant re-vegetation techniques (restoration specialist). Planting, maintenance, monitoring, and reporting activities shall be overseen by the restoration specialist familiar with restoration of native plants.

3.3.2.2 Site Description. A description of the physical conditions and vegetation communities including a map and GIS shapefiles.

Photo-documentation of restored areas shall be provided before and after restoration.

3.3.2.3 Planting Plan. Details of the site preparation consisting of a detailed contouring/grading plan and details of native plant installation (Planting Plan), including the type and number of materials to be used (e.g., local native seeds, cutting, and/or container stock), source(s) of the materials, planting location, methods of installation, and a local California native plant palette.

This Planting Plan shall include plantings of both overstory and understory vegetation as appropriate. All seeded/planted species installed shall include only local California native container plants and cuttings and shall be typical of the existing native plant species present within, or immediately adjacent to the site. The Planting Plan shall have adequate detail regarding the sampling plan so that it can be duplicated by different people and shall include a sample data collection sheet that shows appropriate data to be collected per the proposed sampling methodology.

3.3.2.4 Native Plant Sources. Plant material for revegetation shall be derived from cuttings, materials salvaged from disturbed areas, and/or seeds obtained from randomly selected native trees and shrubs occurring locally within the same drainages. Any replacement tree/shrub stock, if used, which cannot be grown from cuttings or seeds, shall be obtained from a native plant nursery, be ant-free, and shall not be inoculated to prevent heart rot.

3.3.2.5 Sampling Techniques. The sampling techniques (e.g., quadrats, transects, or relevé) to be used to collect quantitative/qualitative data (e.g., vegetation relative/absolute cover, density, diversity indices, recruitment, survivorship, etc.) for baseline conditions and to establish and measure success criteria.

3.3.2.6 Survey Timing. The primary monitoring surveys to determine the success of restoration efforts (survival, cover, and growth of EPIMS-RIV-43632-R6
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plants) shall be conducted at a minimum twice annually, preferably in May and September.

3.3.2.7 Maintenance Activities. A description of maintenance operations with particular emphasis on invasive species control and watering methods and schedules; details on any irrigation to be used, if applicable, that includes method of watering; sprinkler placement, if applicable; and timing/schedule; irrigation may only be used to help the plants become established during the first three years following planting. Watering/ irrigation of the site shall be discontinued at least two years prior to completion of the monitoring period.

3.3.2.8 Corrective Actions: A description of corrective actions to be taken when restoration measures do not meet the proposed targets.

3.3.2.9 Success Criteria. The Mitigation Site Habitat Mitigation and Monitoring Plan shall identify the success criteria for the mitigation site and shall be compared against an appropriate reference site with as good or better-quality habitat then the pre-Project impact site. The reference site shall be approved by CDFW. The success criteria shall include percent relative and absolute cover (invasive and native vegetation), species diversity, abundance, and any other measures of success deemed appropriate by CDFW.

Permittee shall be responsible for any cost incurred during the restoration/mitigation or in subsequent corrective measures.

3.3.3 Mitigation and Monitoring Reports. Permittee shall have the qualified restoration specialist monitor the recovery of plant, wildlife, and aquatic resources in the area following mitigation implementation. Monitoring of plant, wildlife, and aquatic resources shall be done twice a year as outlined in the Mitigation Site HMMP, through the term of restoration. The results and analysis shall be submitted with the annual restoration monitoring report to CDFW by February 1 of each year after mitigation implementation for at least 5 years and until mitigation success criteria have been met. This report shall include the status and any success trends (i.e., comparison throughout the 5 years of monitoring) for the success criteria outlined in the Mitigation Site HMMP. Photos from designated photo stations shall be included.

3.3.4 Mitigation Success. After the fifth monitoring year, if the site has met the success criteria outlined in the Mitigation Site HMMP, CDFW may request a site visit to determine if the mitigation portion of the Agreement is deemed complete. The site should be free of trash and any irrigation infrastructure shall be removed if it was used (unless there is an EPIMS-RIV-43632-R6
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acceptable justification for leaving the irrigation system in place).

3.4 Security. If permanent protection and funding for perpetual management of compensatory habitat is not complete prior to the initiation of Project activities, Permittee shall provide financial security in the form of a Letter of Credit (LOC) (Exhibit 3), for an amount sufficient for CDFW or its contractors to complete land acquisition, property enhancement/restoration, initial management and site protection, and perpetual management and monitoring of the 2.75-acre Mitigation Site. The LOC shall be submitted to CDFW for approval and shall be executed [no later than 30 days] prior to initiation of Project activities.

3.4.1 Draft Copy of LOC. The Permittee shall provide a draft copy of the LOC to CDFW at the address listed below for review and approval prior to execution of security. The LOC shall not be executed without CDFW's prior approval.

3.4.2 Expiration of LOC. In the event that the LOC will expire before the mitigation obligations have been met, the Permittee shall be responsible for providing CDFW a new LOC to replace the existing LOC at least sixty (60) days prior to the expiration date.

3.4.3 Execution of LOC. Upon execution of the LOC, the Permittee shall provide the original to the address listed on the LOC template, and one copy of the executed document to CDFW at the address listed below.

3.4.4 The LOC, or other form of security approved by CDFW, shall allow CDFW to draw on the principal sum if CDFW, in its sole discretion, determines that the Permittee has failed to complete the compensatory mitigation measures of this Agreement.

4. Reporting Measures
Permittee shall meet each reporting requirement described below.

4.1 Notification at the Start and End of Work. The Permittee shall notify CDFW, in writing, at least five (5) days prior to re-initiation of Project-related activities and at least five (5) days prior to completion of Project and mitigation activities. Permittee shall document compliance with all pre-Project Conditions of Approval before starting work through submitting a copy of the MMRP table with notes showing current implementation status and date of completion of each mitigation measure. Notification shall be sent to the email address:

[email protected], Reference # EPIMS- RIV-43632-R6, and cc:

[email protected].

4.2 Reporting. All surveys, pre- and post- construction notifications, monitoring reports, and any other required communication between the Permittee and CDFW shall be submitted in digital copy to [email protected]. Please reference # EPIMS-RIV-43632-R6
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EPIMS-RIV-43632-R6 and cc: [email protected] electronic files shall include GIS shapefiles, along with the appropriate metadata, of the Project area and any mitigation areas. If CDFW requests hard copies of any documentation, Permittee shall mail hard copies to 3602 Inland Empire Blvd., Suite C- 220, Ontario, CA 91764, Attn: Lake and Streambed Program. Please reference # EPIMS-RIV-43632-R6.

4.3 Nesting Bird, Burrowing Owl, and Least Bell’s Vireo Survey Report. Prior to commencement of Project activities addressed by this Agreement, the Permittee shall submit to CDFW the results of pre-construction nesting bird, burrowing owl, and least Bell’s vireo surveys completed pursuant to this Agreement.

4.4 Nesting Bird Summary Report. Permittee shall prepare and submit to CDFW a summary, as described in Measure 2.11.6 of this Agreement of nesting species identified onsite, discovery of nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. Summary reports shall be submitted on a weekly basis until there is no further evidence of nesting activity. If the Project results in the abandonment of or damage to a nest, Permittee shall notify CDFW within 24 hours.

4.5 Crotch’s Bumble Bee – Habitat Mapping Report. No less than 120 days prior to initiation of activities addressed by this Agreement, Permittee shall submit a baseline habitat report of the project site (including channel side slopes). The report will identify habitat alliances following Sawyer et al. (2009), as well as species composition, as identified in Measure 2.14. A map of habitat alliances will be included in the report and GIS files of the habitat mapping will be submitted to CDFW with the report.

4.6 Crotch’s Bumble Bee – Survey Plan. If habitat mapping identifies the presence of suitable habitat, no less than 90 days prior to initiation of project activities addressed by this Agreement, Permittee shall submit to CDFW for review and comment a survey plan for Crotch’s bumble bee, as described in Measure 2.15.2.

The survey plan shall be created in coordination with the Designated Biologist identified in Measure 2.15.1. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s bumble bee be detected within the project area.

4.7 Crotch’s Bumble Bee – Survey Results. Survey results shall be submitted to CDFW within 30 days completion of survey efforts. The report will be prepared by the Designated Biologist identified in Measure 2.15.1 and will describe survey results as identified in Measure 2.15.3.

4.8 Photo Documentation. The Permittee shall include, at minimum, pre-Project and post-Project color photographs taken from fixed locations of all Project areas within or directly adjacent to stream habitat. Two photo monitoring points shall be established at each stream impact area. Each photo point shall have an EPIMS-RIV-43632-R6
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unobstructed view of the disturbed streambed area. Photo documentation shall be performed from each photo point prior to Project initiation and after Project completion. These photos shall be included in the Project Completion Report (see Measure 4.9).

4.9 Project Completion Report. Permittee shall provide a Project Completion Report to CDFW via EPIMS no later than one month after the Project is fully completed. The Project Completion Report shall summarize all Project activities including the implementation of all items specified in Section 2 of this Agreement. The Project Completion Report shall demonstrate that impacts to streams are consistent with, and do not exceed, Project impacts authorized under this Agreement. This report shall include, at minimum, photo documentation (Measure 4.8), a quantification of the Project’s final total acres of impacts to streams, avoidance/minimization measures implemented, maps that display work areas, biological survey notes (including construction monitoring), and a summary of temporary and permanent restoration efforts with photo documentation. Permittee shall include a copy of the Mitigation and Monitoring Reporting Plan table with notes showing status and date of implementation for each of the mitigation measures. The Permittee shall also provide GPS data, taken before and after Project construction activities, to demonstrate that impacts to streams are consistent with, and do not exceed, Project impacts authorized under this Agreement. Notification shall be submitted via EPIMS and emailed to: [email protected], please reference Notification No. EPIMS-RIV-43632-R6, and cc: [email protected].

4.10 Notification to CNDDB. If any special-status or listed species are/have been observed on or in proximity to the Project site, Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings. The CNDDB form is available online at:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. A digital copy of this information shall also be emailed within five days to CDFW. Please reference Notification No. EPIMS- RIV-43632-R6.

4.11 Compliance. CDFW shall verify compliance with protective measures to ensure the accuracy of the Permittee’s mitigation, monitoring, and reporting efforts. CDFW may, at its sole discretion, review relevant documents maintained by the Permittee, interview the Permittee’s employees and agents, inspect the work site, and take other actions to assess compliance with or effectiveness of protective measures in this Agreement.

4.12 List of Designated Biologist(s). The Permittee shall submit a proposed list of Designated Biologist(s) to CDFW for review at least 30 days prior to Project start (see Measure 2.1). CDFW will provide written response within 21 days of Permittee submittal, unless a shortened review period is otherwise agreed to by CDFW in writing (email or letter). The list may be updated at any time by CDFW or the Permittee with the prior approval of CDFW.

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4.13 Emergency Response Plan. The Permittee shall submit an Emergency Response Plan to CDFW prior to start of ground disturbance. The plan shall identify the actions that shall be taken in the event of a spill of petroleum products, or other material harmful to aquatic or plant life, and the identification and uses of emergency response materials.

CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be submitted through Environmental Permit Information Management System (EPIMS) as instructed by CDFW.

To Permittee:

City of Lake Elsinore
EPIMS-RIV-43632-R6
Murrieta Creek Multi-Use Trail Project
130 S. Main Street
Lake Elsinore, California 92530
[email protected]
To CDFW:

Department of Fish and Wildlife
Inland Deserts Region
EPIMS-RIV-43632-R6
Murrieta Creek Multi-Use Trail Project
[email protected]
cc: [email protected]

LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the Project or any activity related to it that the Agreement authorizes.

This Agreement does not constitute CDFW’s endorsement of, or require Permittee to proceed with the Project. The decision to proceed with the Project is Permittee’s alone.

SUSPENSION AND REVOCATION
CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice.

ENFORCEMENT
Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement.

Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel.

OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the Project or an activity related to it. For example, if the Project causes take of a species listed as threatened or endangered under the Endangered Species Act (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service.

This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream).

Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass.

AMENDMENT
CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall use the “Amendments & Extension” form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the corresponding amendment fee identified in CDFW’s current fee schedule (see Cal.

Code Regs., tit. 14, § 699.5).

TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing.

The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall use the “Amendments & Extension” form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the minor amendment fee identified in CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).

EXTENSIONS
In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement’s term. To request an extension, Permittee shall use the “Amendments & Extension” form in EPIMS to submit the request. Permittee shall include with the completed form, payment of the extension fee identified in CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions (b) through (e).

If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the Project the Agreement covers (Fish & G. Code § 1605, subd. (f)).

EFFECTIVE DATE
The Agreement becomes effective on the date of CDFW’s signature, which shall be: 1) after Permittee’s signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at https://www.wildlife.ca.gov/Conservation/CEQA/Fees.

TERM
This Agreement shall expire on October 30, 2029, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires.

EXHIBITS
The documents listed below are included as exhibits to the Agreement and incorporated herein by reference.

A. Exhibit 1. Project Location
B. Exhibit 2. Project Site Breakdown and Delineation
C. Exhibit 3. Letter of Credit
The documents listed below are included as attachments to the Agreement and incorporated herein by reference:

1. Minimization and Monitoring Reporting Table

AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee’s behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein.

AUTHORIZATION
This Agreement authorizes only the Project described herein. If Permittee begins or completes a Project different from the Project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602.

CONCURRENCE
Through the electronic signature by the permittee or permittee’s representative as evidenced by the attached concurrence from CDFW’s EPIMS, the permittee accepts and agrees to comply with all provisions contained herein.

The EPIMS concurrence page containing electronic signatures must be attached to this agreement to be valid.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
Exhibit 1
Exhibit 1. Project Location. Murrieta Creek Multi-Use Trail Project is located within the City of Lake Elsinore, Riverside County.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
Exhibit 2
Exhibit 2. Project Site Delineation. Project area with depiction of resources and impacts.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
Exhibit 3
Letter of Credit
EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
[Financial institution letterhead]

IRREVOCABLE STANDBY LETTER OF CREDIT
NO. [number issued by financial institution]
Issue Date: [date]
Beneficiary:

California Department of Fish and Wildlife
Habitat Conservation Planning Branch
Post Office Box 944209
Sacramento, CA 94244-2090
Attn: HCPB Contract Coordinator
Amount: U.S. $[dollar number] [(dollar amount)]
Expiry: [Date] at our counters
Dear Sirs:

1. At the request and on the instruction of our customer, [name of applicant] (“Applicant”), we, [name of financial institution] (“Issuer”), hereby establish in favor of the beneficiary, the California Department of Fish and Wildlife (“CDFW”), this irrevocable standby letter of credit (“Credit”) in the principal sum of U.S. $[dollar number] [(dollar amount)] (“Principal Sum”).

2. We are informed this Credit is and has been established for the benefit of CDFW pursuant to the terms of the [insert: “lake” or “streambed”] alteration agreement (No. [permit number]) for the [name of project] issued by CDFW to the Applicant on [date] (No. [number]) (“Permit”).

3. We are further informed that pursuant to the Permit, the Applicant has agreed to complete certain mitigation requirements in the Permit (“Mitigation Requirements”).

4. We are finally informed that this Credit is intended by CDFW and the Applicant to serve as a security device for the performance by the Applicant of the Mitigation Requirements.

5. CDFW shall be entitled to draw upon this Credit only by presentation of a duly executed Certificate for Drawing (“Certificate”) in the same form as Attachment A, which is attached hereto, at our office located at [name and address of financial institution].

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022

6. The Certificate shall be completed and signed by an Authorized Representative of CDFW as defined in paragraph 12 below. Presentation by CDFW of a completed Certificate may be made in person or by registered mail, return receipt requested, or by overnight courier.

7. Upon presentation of a duly executed Certificate as above provided, payment shall be made to CDFW, or to the account of CDFW, in immediately available funds, as CDFW shall specify.

8. If a demand for payment does not conform to the terms and conditions of this Credit, we shall give CDFW prompt notice that the demand for payment was not effected in accordance with the terms and conditions of this Credit, state the reasons therefore, and await further instruction.

9. Upon being notified that the demand for payment was not effected in conformity with the Credit, CDFW may correct any such non-conforming demand for payment under the terms and conditions stated herein.

10.All drawings under this Credit shall be paid with our funds. Each drawing honored by us hereunder shall reduce, pro tanto, the Principal Sum. By paying to CDFW an amount demanded in accordance herewith, we make no representations as to the correctness of the amount demanded.

11.This Credit will be cancelled upon receipt by us of Certificate of Cancellation, which: (i) shall be in the form of Attachment B, which is attached hereto, and (ii) shall be completed and signed by an Authorized Representative of CDFW, as defined in paragraph 12 below.

12.An Authorized Representative shall mean the Director of CDFW; the General Counsel of CDFW; a Regional Manager of CDFW; or the Branch Chief of CDFW’s Habitat Conservation Planning Branch.

13.This Credit shall be automatically extended without amendment for additional periods of one year from the present or any future expiration date hereof, unless at least sixty (60) days prior to any such date, we notify CDFW in writing by registered mail, return receipt requested, or by overnight courier that we elect not to consider this Credit extended for any such period.

14. Communications with respect to this Credit shall be in writing and addressed to us at [name and address of financial institution], specifically referring upon such writing to this credit by number. The address for notices with respect to this Credit shall be: (i) for CDFW: Department of Fish and Wildlife, Habitat Conservation Planning Branch, Post Office Box 944209, Sacramento, CA 94244- 2090, Attn: HCPB Contract Coordinator; and (ii) for the Applicant: [name and address of applicant].

15.This Credit may not be transferred.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022

16.This Credit is subject to the International Standby Practices 1998 (“ISP 98”). As to matters not covered by the ISP 98 and to the extent not inconsistent with the ISP 98, this credit shall be governed by and construed in accordance with the Uniform Commercial Code, Article 5 of the State of California.

17.This Credit shall, if not canceled, expire on [expiration date], or any extended expiration date.

18.We hereby agree with CDFW that documents presented in compliance with the terms of this Credit will be duly honored upon presentation, as specified herein.

19.This Credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Credit is referred to or to which this Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document or instrument.
[Name of financial institution]
By: _____________________________
Name: ___________________________
Title: ____________________________
Telephone: __________________________
EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022

ATTACHMENT A

CERTIFICATE FOR DRAWING
[CDFW Letterhead]
[Date]
[Name and address of financial institution]
Re: Irrevocable Standby Letter of Credit No. [number issued by financial institution] The undersigned, a duly Authorized Representative of the California Department of Fish and Wildlife (“CDFW”), as defined in paragraph 12 of the above-referenced standby letter of credit (“Credit”), hereby certifies to the Issuer that:

1. [Insert one of the following statements: “In the opinion of CDFW, the Applicant has failed to complete the Mitigation Requirements referenced in paragraph 3 of the Credit.” or “As set forth in paragraph 13, the Issuer has informed CDFW that the Credit will not be extended and the Applicant has not provided CDFW with an equivalent security approved by CDFW to replace the Credit.”]

2. The undersigned is authorized under the terms of the Credit to present this Certificate as the sole means of demanding payment on the Credit.

3. CDFW is therefore making a drawing under the Credit in amount of U.S. $_____________.

4. The amount demanded does not exceed the Principal Sum of the Credit.

Therefore, CDFW has executed and delivered this Certificate as of this ___day of [month], [year].

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
___________________________________________
[Insert one of the following: “Director” or “General Counsel” or “Regional Manager, [Name of Regional Office]” or “Chief, Habitat Conservation Planning Branch”] EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022

ATTACHMENT B

CERTIFICATE FOR CANCELLATION
[CDFW Letterhead]
[Date]
[Name and address of financial institution]
Re: Irrevocable Standby Letter of Credit No. [number issued by financial institution] The undersigned, a duly Authorized Representative of the California Department of Fish and Wildlife (“CDFW”), as defined in the paragraph 12 in the above-referenced Irrevocable Standby Letter of Credit (“Credit”), hereby certifies to the Issuer that:

1. [Insert one of the following statements: “The Applicant has presented documentary evidence of full compliance with the Mitigation Requirements referenced in paragraph 3 of the Credit.” or “The Applicant has provided CDFW with an equivalent security approved by CDFW to replace the Credit.”]

2. CDFW therefore requests the cancellation of the Credit.

Therefore, CDFW has executed and delivered this Certificate for Cancellation as of this ____ day of [month], [year].

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
___________________________________________
[Insert one of the following: “Director” or “General Counsel” or “Regional Manager, [Name of Regional Office]” or “Chief, Habitat Conservation Planning Branch”] Ver. EPIMS 03/08/2022
Exhibit 3

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

MITIGATION MONITORING AND REPORTING PLAN (MMRP)

LAKE OR STREAMBED ALTERATION AGREEMENT
LAKE OR STREAMBED ALTERATION AGREEMENT NO. EPIMS-RIV-43632-R6 PERMITTEE: City of Lake Elsinore
PROJECT: Murrieta Creek Multi-Use Trail Project

PURPOSE OF THE MMRP
The purpose of the MMRP is to ensure that the impact mitigation measures required by the Department of Fish and Wildlife (CDFW) for the above-referenced Lake or Streambed Alteration Agreement EPIMS No. RIV-43632-R6 (Agreement) are properly implemented, and thereby to ensure compliance with, section 15097 of the California Code of Regulations and section 21081.6 of the Public Resources Code. A table summarizing the mitigation measures required by Fish and Game Code 1600 et seq. is attached. This table is a tool for use in monitoring and reporting on implementation of mitigation measures, but the descriptions in the table do not supersede the mitigation measures set forth in the Agreement, and the omission of a permit requirement from the attached table does not relieve the Permittee of the obligation to ensure the requirement is performed.

OBLIGATIONS OF PERMITTEE
Permittee has the primary responsibility for monitoring compliance with all mitigation measures and for reporting to CDFW on the progress in implementing those measures. These monitoring and reporting requirements are set forth in the Agreement itself and are summarized at the front of the attached table.

VERIFICATION OF COMPLIANCE, EFFECTIVENESS
CDFW may, at its sole discretion, verify compliance with any mitigation measure or independently assess the effectiveness of any mitigation measure.

EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022

TABLE OF MITIGATION MEASURES
Table 1. The following items are identified for each Mitigation Measure: Mitigation Measure number (#), Mitigation Measure Submittal, Timeline for Submittal, Date Submitted to CDFW, Date Reviewed or Approved by CDFW, and Notes on Status.

The # column indicates the mitigation measure number in the Agreement. The Mitigation Measure column summarizes the mitigation, monitoring, and reporting requirements contained in the Agreement. The Timeline column shows the date or phase when each mitigation measure will be implemented. The Responsible Party column identifies the entity that is primarily responsible for implementing the mitigation measure. The Status/Date/Initials column shall be completed by the Permittee during preparation of each Status Report and the Final Mitigation Report. The Permittee must identify the implementation status of each mitigation measure, the date that status was determined, and the initials of the person determining that status. # Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
Pre-project Activities

1.8 Notify CDFW Prior to Work
Minimum of 5 days before
commencing ground- or
vegetation-disturbing activities.

Permittee

2.1 Designated Biologist(s) and Biological
Monitor(s) (approval)
Minimum of 45 days before
commencing ground- or
vegetation-disturbing activities.

Permittee

2.4 Delineate Work Area Boundary Before commencing ground- or vegetation-disturbing activities. Permittee

2.8 Educational Program Before commencing ground- or
vegetation-disturbing activities. Permittee

2.8.1 Invasive Species Education Program Before commencing ground- or vegetation-disturbing activities. Permittee

2.33 Diversion Plan (approval)
Minimum of 30 days before
commencing ground- or
vegetation-disturbing activities.

Permittee
EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials

2.12.2 Pre-construction Surveys
Three days before commencing
ground- or vegetation-disturbing
activities.

Permittee

2.13.1 Burrowing Owl Habitat Assessment Before commencing ground- or vegetation-disturbing activities. Permittee

2.13.2 Focused Survey for Burrowing Owls
30-60 days before commencing
ground- or vegetation-disturbing
activities.

Permittee

2.13.3 Burrowing Owl Pre-Construction Inspection
Within 3 days before
commencing ground- or
vegetation-disturbing activities.

Permittee

2.13.4 Burrowing Owl Survey Results
Within 10 days of survey
completion and minimum of 21
days before commencing groundor vegetation-disturbing activities Permittee

2.13.6 Burrowing Owl Plan
At least 30 days before
commencing ground- or
vegetation-disturbing activities.

Permittee

2.14 Crotch’s Bumble Bee Habitat Mapping
Report
Minimum of 120 days prior to
Project activities Permittee

2.15.2 Crotch’s Bumble Bee Survey Plan Minimum of 90 days prior to Project activities Permittee

2.15.3 Crotch’s Bumble Bee Survey Results Minimum of 30 days prior to Project activities Permittee

1.12 Work According to Plans
At least 30 days before
commencing ground- or
vegetation-disturbing activities.

Permittee
EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials

3.2.1 Habitat Re-establishment/Rehabilitation –
Offsite Mitigation Bank
At least 30 days before
commencing ground or
vegetation distribution activities
Permittee

3.3.1 Habitat Protection (approval)
Five months before commencing
ground- or vegetation-disturbing
activities.

Permittee

3.3.1.1 Mitigation Site Conservation Easement
(approval)
18 months before commencing
ground- or vegetation-disturbing
activities.

Permittee

3.3.1.2 Mitigation Site Land Manager (approval)
Four months before commencing
ground- or vegetation-disturbing
activities or six months following
the start of project activities if
security is provided.

Permittee

3.3.2 Habitat Mitigation and Monitoring Plan
(approval)
Four months before commencing
ground- or vegetation-disturbing
activities or six months following
the start of project activities if
security is provided.

Permittee

3.3.1.4 Mitigation Site Long Term Management Plan
(approval)
Three months before
commencing ground- or
vegetation-disturbing activities or
seven months following the start
of project activities if security is
provided.

Permittee
EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials

3.3.1.8 Endowment Funds Deposit (approval)
Three months before
commencing ground- or
vegetation-disturbing activities or
seven months following the start
of project activities if security is
provided.

Permittee

3.3.1.11 Transfer Long-term Endowment Funds
(approval)
Prior to commencing ground- or
vegetation-disturbing activities or
within 18 months following the
start of project activities if security
is provided.

Permittee

3.4 Security (approval) At least 30 days prior to the
initiation of project activities. Permittee

3.4.1 Draft Copy of LOC (approval)
No later than 60 days prior to
initiation of project activities and
prior to execution of security.

Permittee

3.4.2 Expiration of LOC At least 60 days prior to the
expiration date. Permittee

4.1 Notification at the Start and End of Work
At least 5 days prior to initiation
of project-related activities and at
least 5 days prior to completion of
project and mitigation activities.

Permittee

4.3 Nesting Bird, Burrowing Owl, and Least Bell’s
Vireo Survey Report
At least one business day prior to
commencement of Project
activities
Permittee
EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials

4.4 Nesting Bird Summary Report
On a weekly basis until there is
no further evidence of nesting
activity. If the Project results in
the abandonment of or damage
to a nest, Permittee shall notify
CDFW within 24 hours
Permittee

4.8 Diversion Plan (approval)
Minimum of 30 days before
commencing ground- or
vegetation-disturbing activities.

Permittee

4.10 Onsite Resource Updates
On a monthly basis during
periods of Project activity until
Project completion or monitoring
is complete
Permittee

4.13 List of Designated Biologist(s) (approval) At least 45 days prior to initiation of Project-related activities Permittee

4.15 Notification to CNDDB Within 5 working days of the sightings. Permittee
During Project Operations

2.8 Excavated Areas At the end of each workday. Permittee/ Biologists

2.11.6 Reporting No less than once weekly. Permittee

2.12 Least Bell’s Vireo Approximate starting date of
March 15th Permittee

2.13.5 Burrowing Owls Observed During
Construction
During project implementation
and construction. Permittee
EPIMS-RIV-43632-R6
Streambed Alteration Agreement

Ver. EPIMS 03/08/2022
# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials

3.1 Habitat Rehabilitation and/or Restoration –
Onsite (Mitigation Site Temporary)
Within 18 months of starting
project activities if security is
provided.

Permittee
Post-project Activities

4.10 Project Completion Report. No later than one month after the Project is fully completed.

Permittee
19) Notice of Completion for Installation of Lake Levee Solar Lights Accept the improvements and authorize the City Clerk to record the Notice of Completion for the Lake Levee Solar Lights installation completed by Lancet Contracting, Inc.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: December 10, 2024
Subject: Notice of Completion for Installation of Lake Levee Solar Lights Recommendation
Accept the improvements and authorize the City Clerk to record the Notice of Completion for the Lake Levee Solar Lights installation completed by Lancet Contracting, Inc.

Background
The City Council approved a contract with Lancet Contracting, Inc. for the work specified in the above reference. All the work has been completed per plans for this project. The City has received final billing and invoicing, and the contractor has been paid in full.

Discussion
The contractor has completed the corresponding scope of work for the subject project.

Fiscal Impact
There is no fiscal impact.

Attachments
Attachment 1 - Notice of Completion
Public Works
M S U PAGE SIZE DA PCOR NOCOR SMF MISC.

A R L COPY LONG REFUND NCHG EXAM

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Name City of Lake Elsinore
Street 130 S. Main Street
Address
City & State Lake Elsinore CA 92530
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Lake Elsinore

3. The full address of the owner is130 S. Main Street, Lake Elsinore, CA 92530

4. The nature of the interest or estate of the owner is in fee.

Installation of Lake Levee Solar Lights
(If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
None

6. A work of improvement on the property hereinafter described was completed on October 8, 2024 . The work done was:

Installation of Lake Levee Solar Lights The name of the contractor, if any, for such work of improvement was:

Lancet Contracting, Inc 16784 Arrow Blvd. Fontana, Ca 92335 May 14, 2024 (If no contractor for work of improvement, insert “none”) (Date of Contract)

8. The property on which said work of improvement was completed is in the City of Lake Elsinore County of Riverside , State of California, and is described as follows: Installation of Lake Levee Solar Lights______

9. The street address of said property is 130 S. Main Street Lake Elsinore, CA 92530 (If no street address has been officially assigned, insert “none”) Dated:

City Clerk: Candice Alvarez, MMC

VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing. (“President of,” “Manager of,” “A partner of,” “Owner of,” etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on December 10 , 20 24 , at City of Lake Elsinore , California. (Date of signature) (City where signed)
(Personal si gnature o f t h e i n d i v i d u a l w h o i s s w e a r i n g t h a t t h e c o n t e n t s o f t h e n o t i c e o f c o m p l e t i o n a r e t r u e )
20) Amendment No. 1 to the Agreement with David Evans and Associates, Inc. (DEA) for Main Street Conceptual Design Master Plan
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with David Evans and Associates, Inc. in an amount not to exceed $319,100.00 for the preparation of construction documents for the Main Street Improvements project in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not exceeding a 10% contingency of $31,910.00 for unanticipated costs.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: December 10, 2024
Subject: Amendment No. 1 to the Agreement with David Evans and Associates, Inc.

DEA) for Main Street Conceptual Design Master Plan
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with David Evans and Associates, Inc. in an amount not to exceed $319,100.00 for the preparation of construction documents for the Main Street Improvements project in such final form as approved by the City Attorney, and authorize the City Manager to execute change orders not exceeding a 10% contingency of $31,910.00 for unanticipated costs.

Background
The City entered the original Agreement on February 28, 2023, for $182,233.00 for the Main Street Conceptual Design Master Plan. David Evans and Associates has effectively provided landscape, art, and aesthetic design concepts for the City on several other projects. Staff has contacted David Evans and Associates for proposals to develop conceptual design services for the Main Street Master Plan.

The goal of the Main Street Master Plan Project is the construction of streetscape enhancements throughout this unique one-mile corridor that will create a true “sense of place,” a vibrant, unique corridor that successfully incorporates existing conditions and proposed improvements.

Implementing aesthetic aspects of the Downtown and functional aspects of properties will assist the team in creating a “ complete street,” which encourages a true sense of place, economic development, beautification, and transit facilities and comprehensively provides the safest pedestrian and bicycle use possible.

Amendment No.1 with David Evans and Associates

Discussion
Amendment No. 1 to the Agreement with David Evans and Associates is requested to prepare construction documents for the Main Street improvements in the City of Lake Elsinore. DEA proposes the following scope of services:

Demolition Plans – These plans will indicate the limits of removing existing features needed to construct the proposed improvements. Improvements would include but are not limited to, sidewalks, site furnishings, streetlights, plant material, and irrigation equipment. The demolition plans will also identify items to be protected in place and removed to be turned over to the City.

Civil Plans
Electrical Plans
Planting Plans – Plans show thelocation of plant material and will include aplant legend indicating the botanical and common names, quantity, size, and remarks.

Irrigation Plans – The plans will indicate thelayout oftheirrigation system, thepoint of connection, the backflow prevention method, pressure regulation as necessary, and equipment size and type in the irrigation legend. The design plans will be fully compliant with AB1881.

Supplementary Specifications – The City will prepare specifications for the project, and DEA will provide the following supplementary materials: 1) Bid item descriptions/ quantities, 2) technical specification appendices for vendor-provided items such as lighting, site furniture, etc.

Estimate of Probable Construction Costs - Project elements will be quantified and estimated to the greatest extent possible; lump sum estimates will be used when necessary.

The construction documents for the Main Street Improvement Project will be designed to integrate seamlessly with the approved improvement plans. This integration ensures that all elements of the construction process align with the established vision and objectives for Main Street.

Fiscal Impact
Funds are available in the City’s Fiscal Year 24/25 Capital Improvement Plan (CIP).

Attachments
Attachment 1 - Amendment No. 1
Exhibit A - Proposal
Attachment 2 - Original Agreement
Public Works
AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
David Evans and Associates, Inc.

Construction Documents for Main Street Improvements
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 12/10/2024, by and between the City of Lake Elsinore, a municipal corporation (“ City), and David Evans and Associates, Inc, a Corporation (“ Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 2/28/2023, ( the “ Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of One Hundred Eighty-Two Thousand Two Hundred Thirty-Three dollars ($182,233.00).

C. The Original Agreement had a term until the services and related work are completed in accordance with the Consultant’ s Proposal.

D. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:

1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:

Consultant shall also perform the services described in Consultant’ s 11/14/2024 Proposal ( attached to this Amendment No. 1 as Exhibit A1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.

2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal referenced collectively as Exhibit A-1 Amendment No. 1). In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed five hundred and one thousand three hundred and thirty-three dollars ($ 501,333.00) without additional written authorization from the City Council.

Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, 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.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.

CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
CONSULTANT”
David Evans and Associates, Inc.

City Manager
Date:

Kim S. Rhodes, PLA 3867
Vice President
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Consultant’ s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
ATTACHED]
4141 E. Inland Empire Blvd., Suite 250, Ontario, CA 91764 T:( 909) 481-5750 F: (909) 481-5757 November 14, 2024
Rick De Santiago
Public Works Manager
City of Lake Elsinore
Corporate Yard
521 North Langstaff St.

Lake Elsinore, CA 92530
SUBJECT: PREPARATION OF CONSTRUCTION DOCUMENTS FOR MAIN STREET

IMPROVEMENTS IN THE CITY OF LAKE ELSINORE
Dear Rick,
On behalf of David Evans and Associates, Inc. ( DEA), we are pleased to provide you with a proposal for design services for streetscape improvements on Main Street. The limits of work are shown on the attached exhibit.

DEA has prepared conceptual plans for the proposed improvements and those plans will be used as a basis for the design of this project. The base sheets will be prepared using DEA survey data gathered as a part of the conceptual plan preparation, supplemented by City plans for the sidewalk ramp/ conduit project and the Civic Center project.

Please note plans for the gateway structures are part of a separate proposal as that project will be packaged and bid separately from the remainder of the work as previously discussed with you.

DEA proposes the following scope of services and fees:

Task 1 - Field Investigation and Base Sheets
A site visit by two DEA team members ( civil and landscape) along with City staff will be conducted to review the proposed improvements in the field. Constructability issues will also be evaluated during the site visit. The conceptual plan will be compared to field conditions with the intent of making any necessary adjustments to the base sheets prior to beginning preparation of construction documents.

This is a critical step to minimize revisions to the construction document package. Base sheets, using the City' s template, will be developed at 20 scale, and used for the preparation of project plans. Soil samples will be taken for testing during the site visit as required under MWELO.

Deliverables – Base sheets
Meetings – One at site, two virtual
November 14, 2024
City of Lake Elsinore
Main Street Improvements

Task 2 - Geotechnical Investigation
Geotechnical field investigation and report including recommendations for streetlights, a gateway arch at Sumner Ave., monuments at Lakeshore Dr. ( construction documents for the arch and monument are part of a separate construction document proposal) and sidewalks will be provided.

See attachment for detailed scope description.

Deliverables - Geotechnical report containing investigation data and recommendations for design features.

Meetings – None.

Task 3 - Construction Documents
Demolition Plans - These plans will indicate the limits of removal of existing features needed for construction of the proposed improvements. This would include, but not be limited to:
sidewalks, site furnishings, streetlights, plant material and irrigation equipment. The demolition plans will also identify items to be protected in place and items to be removed that are to be turned over to the City.

Civil Plans - Prepared by DEA. See attachment for detailed scope description.

Electrical Plans - See attachment for detailed scope description.

Planting Plans - Plans show the location of plant material and will include a plant legend indicating the botanical and common names, quantity, size, and remarks. Details will also be provided.

Irrigation Plans - The plans will indicate the layout of the irrigation system, the point of connection, backflow prevention method, pressure regulation ( as necessary), and equipment size and type in the irrigation legend. The design plans will be fully compliant with AB1881.

Details will also be provided.

Supplementary Specifications - City to prepare specifications for project, DEA to provide the following supplementary materials: 1) Bid item descriptions/ quantities and, 2) Technical specification appendices for vendor provided items such as lighting, site furniture, etc.

Estimate of probable construction costs - Project elements will be quantified and estimated to the greatest extent possible; when necessary, lump sum estimates will be used. This estimate will be revised throughout the project from the 60% submittal onward.

Deliverables - 20 scale plans submitted at 60%, 95% and 100%, one revision to 100% plans based on City comments, technical specifications, estimate of probable cost.

Meetings – Two in person meetings, seven virtual meetings TOTAL FEE - $318,100 (Including reimbursables $ 319, 100) Assumptions

1. Existing water and electrical services will be used in their current locations and no new water or electrical service points of connection will be added to the project site as a part of this work.

November 14, 2024
City of Lake Elsinore
Main Street Improvements

2. Construction documents for this project will be designed to integrate with the approved Main Street improvement plans.

3. Existing survey data has been evaluated and at this time we believe no additional survey work will be required, and therefore, no survey work is included in the scope of this proposal.

4. Sleeves exist and can be re-used for this project at street crossings.

Exclusions

1. Technical specifications beyond what is noted in this proposal

2. Plans for Gateway structures ( see separate proposal)

3. Outside agency plan submittal and revisions

4. Structural calculations for street lights ( to be provided by vendor)

5. WQMP/ SWPPP/ SWPPP Permitting/ Erosion control plans

6. LID Compliance

7. Bidding/ construction support

8. As-built drawings
Reimbursable Items – $ 1,000 ( for budgetary purposes)
Items such as reproduction/ plotting services, mileage, and delivery costs ( Federal Express, UPS, etc.) are considered reimbursable expenses and will be charged at actual cost plus 10%.

Any service requested that does not fall within the scope of services listed, or any duplication of work due to changes desired by the City of Lake Elsinore, will be performed on an “Extra Services” basis and negotiated accordingly.

Our DEA team is available to begin work immediately following the issuance of a notice to proceed.

Should you have any questions or comments regarding this proposal, please feel free to contact me at (909) 561- 7362. We would be happy to adjust the scope as needed to ensure we provide a level of service that is consistent with your needs.

Sincerely,
David Evans and Associates, Inc.

Todd Holmes, PLA 3561 Kim S. Rhodes, PLA 3867
Associate Vice President
Attachments:

A: Main Street Conceptual Plan
B: Geotechnical Scope of Work
C: Electrical Scope of Work
D: Civil Engineering Scope of Work
Lake Elsinore Main Street Lighting
Initial ______

412 E. Vanderbilt Way | San Bernardino, CA 92408
Pacific Northwest 425.458.9700 | Southern California 909.890.3700 | DesignWestEng. com Date: March 1, 2024
Company: David Evans and Associates, Inc.
4141 E. Inland Empire Blvd, Suite 250
Ontario, CA 91764
Attention: Todd Holmes
Subject: Lake Elsinore Main Street Lighting
Our Proposal #P-2416728

PROJECT SCOPE
Provide Construction document design and specifications for Lake Elsinore Main Street Lighting located in Lake Elsinore, CA. Scope is to provide new street and pedestrian lighting along Main Street which will include bollards. Existing services will be reused when possible and new designed when required. Street lighting will be done to City standards. Location of underground utilities will be assumed to be as shown on City Street Improvement plans.

PROJECT ASSUMPTIONS
1) Proposal based on drawings/SOW/ RFP dated 02/06/24
2) Design Phases: 50%CD, 100%CD, Permit, Bid, CA
3) The following existing systems and equipment will be reused:
a) Electrical service when available
4) Dry utility coordination will be handled by:
a) Power: Design West Engineering
5) Code cycle: 2022
6) Construction and Bid support is not included, shown as optional

SERVICES INCLUDED
1) ( 1) Pre-design site visit for verification of existing conditions 2) ( 5) Virtual conference/ coordination meetings
3) Electrical specifications provided in book format
4) Licensed Professional Engineers stamp and signature
5) Review of quantities and scope within construction cost estimates provided by Landscape architect 6) Estimate of probable construction cost
7) Electrical site plan including the following:
a) Site lighting layout, circuiting, and control wiring diagram b) Point by Point of site lighting foot candle levels per IES Standards. Photometrics will take into account existing obstruction of lighting such as tree’s

ATTACHMENT C
2024 04 01 DEA Proposal - Main
Street Construction Documents
Lake Elsinore Main Street Lighting
Initial ______

Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy c) Site raceway system, vault/ pedestal locations and sizes, meter location/ requirements, transformer pad locations
d) Schedule of lighting fixtures
e) Coordination with existing electrical service
f) New service entrance and main meter sections design
g) Single line diagram
h) Load schedules
i) Panel schedules
j) Voltage drop calculations
8) Utility Coordination including the following:
a) Electrical utility coordination including the following:
i) Coordination of power service with serving utility
ii) Completion of all paperwork and plan submittals with power company iii) Site meeting with power company
9) Deliverables as follows:
a) Progress sets per Design Phase under Project Assumptions - .pdf electronic files b) For submission/ re-submission ( limited to ONE) to Plan Check - .pdf electronic files 10) Plan Check and Permit support services:
a) Completion of City plan check comments

OPTIONAL SERVICES
1) Bidding support services:
a) Provide response to RFIs to Architect
b) Provide clarifications and revisions to drawings and/ or specifications when required 2) Construction administration support services:
a) Provide response to RFIs to Architect
b) Review and return to the Architect, shop drawings and submittals c) Construction phase meetings/ site visit(s) including d) Site visit with final “punch list”
e) Prepare required project close reports and documentation f) Prepare As-Built/ record drawings based on contractor notes and redlines

SERVICES NOT INCLUDED
1) LEED Documentation, Credit Analysis or Credit Templates 2) Commissioning and/or Energy Code acceptance testing services 3) Documenting existing Electrical systems beyond major components. Major components consist of Electrical equipment. If accurate As-Built or record drawings are not provided, and additional time is required to verify size and location of lighting and electrical wiring, additional fees will be required. 4) Background generation
5) Upgrade to existing electrical service or panelboards due to inadequate capacity or condition 6) Site improvements
7) Project meetings, construction site visits, or recurring coordination meeting conference calls beyond those listed in scope
8) Revisions to our plans after plan check approval due to changes in design, such as floor plan and site Lake Elsinore Main Street Lighting
Initial ______

Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy plan modifications, or additional scope changes
9) Calculation of plan check and/ or building permit fees or payment thereof 10) Delivery of plans to City or County agencies
11) Printing of additional sets of drawings other than listed in scope 12) Material and equipment take-offs for bidding
13) Construction contract bid negotiation process
14) Electrical services for building other than those listed in scope of work 15) Preparation of multiple drawings or drawing set for separate construction phasing unless specifically indicated in Project Scope or Services Included
16) Sub-contracts with any other consultants such as Structural Engineers, or Architects for out of scope work such as equipment platforms and support or site lighting pole base calculations 17) Verifying locations of existing underground utilities which transit the site 18) Design of solar photovoltaic systems and energy storage systems and calculations 19) Special effect lighting systems such as Theatrical lighting 20) Temporary power design
21) Load monitoring of existing electrical systems or circuit tracing of existing circuits and feeders 22) Selection and locations of public street lighting, traffic control, street improvements and offsite utilities 23) Measurements of lighting levels post construction
24) Arc flash hazard analysis and protective device coordination study 25) Application or documentation for rebate program( s) other than listed in scope 26) Any coordination or permit application/ acquisition for local department of transportation and/ or any other agency not shown in the “inclusions” portion of the Scope of Work 27) Low voltage systems design and equipment specifications including the following:
a) Voice/ Data, Network and Intercom systems
b) CCTV and Cable television systems
c) Building and site Fire alarm system
d) Security and Access Control systems
e) Audio/ Video and Music/ paging systems

DRAWING DESIGN FORMAT
Software used to for construction drawings will be based on the following:

AutoCad® version 2020 or later

PROVIDED BY CLIENT
1) Record drawings of existing MEP systems
2) Project street address
3) Computer drawings files and associated support files as well as drawing format requirements 4) Catalog cuts of specific fixtures or equipment requested by your office or owner 5) Requirements of all equipment specified by your office and/or other consultants to be connected to electrical service
6) Format for book form specifications including font type, header and/or footer layout 7) Name, address and telephone number of any available project contacts (i.e. additional consultants, plan check, owner’s representative)
8) Restrictions or requirements to the property put in effect through conditional use permits or other Lake Elsinore Main Street Lighting
Initial ______

Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy likewise attachments to this property
9) Billing schedule for invoicing if specific requirements apply 10) 30-Day load recordings for requested electrical panels intended to be reused and 12 months of electric utility bills for verification of existing peak demand on main service 11) Civil CAD file with overhead and underground utilities shown 12) PDF and CAD files of required drawings such as electrical, communications and civil

FEE & TERMS AND CONDITIONS
Refer. to separate document for these items.

We appreciate the opportunity to work with you on this project. We look forward to your response.

Respectfully,
Roy Morales

DESIGN WEST ENGINEERING
Accepted by ( Sign): ______________________________
Accepted by ( Print): ______________________________
Date: ______________________________
Client Job Number: ______________________________
DWE Proposal Number: P- 2416728
Bill To: (If different from client listed on proposal)
Company:_________________________________
Name: _________________________________
Address: _________________________________
Email: _________________________________
Phone: _________________________________
Attachment 1 - Agreement. pdf Page 1

AGREEMENT FOR PROFESSIONAL SERVICES
David Evans and Associates Inc.

Main Street Conceptual Design Master Plan
This Agreement for Professional Services (the “Agreement”) is made and entered into as of February 28, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘ City") and David Evans and Associates, a Oregon Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

Main Street Conceptual Design Master Plan.

B. Consultant has submitted to City a proposal, dated February 7, 2023, 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 One Hundred Eighty-Two Thousand Two Hundred Thirty-Three dollars ($ 182,233.00) 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 thirdparty 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, therecords shall beavailable 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 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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 violation of DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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 toany 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 acommercial 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.

DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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 notless 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.

DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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: David Evans and Associates Inc.

Attn: Kim S. Rhodes, PLA 3867
4141 E. Inland Empire Blvd., Suite 250
Ontario, CA 91764

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.

DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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) nonmonetary 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]
DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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”
David Evans and Associates, a Oregon
Corporation
By: Kim S. Rhodes, PLA 3867
Its: Vice President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

EXHIBIT A

EXHIBIT A
CONSULTANT’ S PROPOSAL
ATTACHED]
DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
ATTACHED]
DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E 4141 E. Inland Empire Blvd., 250, Ontario, CA 91764 Tel. 909.481.5750 Fax 909. 481.5757 February 7, 2023
Rick De Santiago
Public Works Manager
City of Lake Elsinore
Public Works Department
SUBJECT: REVISED PROPOSAL TO PROVIDE CONCEPTUAL DESIGN SERVICES FOR THE MAIN STREET

CORRIDOR MASTER PLAN IN THE CITY OF LAKE ELSINORE
Dear Rick:

On behalf of David Evans and Associates, Inc. (DEA), we are pleased to provide the City of Lake Elsinore with a comprehensive proposal for the Main Street Corridor Master Plan project. We understand the intent of the project scope of services and our team is extremely well qualified to assist in providing long term vision, theming, and a sense of community” to the project area.

We have been involved in several streetscape and corridor improvement projects that are similar to the Main Street project. These projects require careful collaboration with stakeholders to gain an understanding of the project requirements. Through this collaborative process, the design theme will be developed for the gateways, landscape and hardscape improvements, and the selection of other amenities such as site furnishings. Each of these elements will be designed to provide identity and style to an otherwise ‘ordinary’ roadway. We understand that a new City Hall will be a key feature of the corridor and we look forward to incorporating that building, as well as any other new facilities, into the master plan.

DEA has been involved in providing " visioning" and establishing the theme and character of many Southern California vehicular corridors. Our multi-disciplinary team works closely to ensure that function and form are achieved during the design process; a true benefit of the DEA approach that is a result of effective internal communications between our landscape architects, engineers, planners, and surveyors. The majority of our projects include various aspects of design including facilitation at community workshops, conceptual and final design, bid assistance and construction administration.

During the conceptual planning process, we anticipate requiring the efforts of only one subconsultant, Hunt Design, to assist with gateway development. They have been our design partner for the transportation art for both Railroad Canyon Road as well as the Main Street interchange at the I-15 and are therefore very familiar with the corridor.

We thank you once again for this opportunity and we look forward to sharing our ideas with you and hopefully moving forward as soon as possible.

Sincerely,
David Evans and Associates, Inc.

Todd Holmes, PLA 3561 Kim S. Rhodes, PLA 3867
Project Manager Vice President / Landscape Architect
DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E February 7, 2023
Main Street Corridor Master Plan Proposal

4141 E. Inland Empire Blvd., 250, Ontario, CA 91764 Tel. 909.481.5750 Fax 909. 481.5757 Project Scope Summary
Our understanding is that the goal of the Main Street Corridor Master Plan Project is the construction of streetscape enhancements throughout this unique one mile corridor that will create a true “ sense of place” – a vibrant, unique corridor that successfully incorporates existing conditions and proposed improvements.

Implementing aesthetic aspects of the Downtown, as well as functional aspects of properties yet to be developed will assist the team in creating a “complete street” – one that encourages a true sense of place, economic development, beautification, facilitates transit, and provides safe pedestrian and bicycle use to the fullest extent possible.

Based on our discussions with you, we understand that the project limit of work lies between the I-15 / Main St. interchange and Lakeshore Drive. The intent is to provide consistent types of street trees in sections of the corridor. This will require removal and replacement of many of the existing trees. In addition, shrubs and groundcover will be removed and replaced as well as the existing irrigation systems. The existing site furnishings and raised planters will be preserved and additional structural amenities will be added within the corridor including two entry gateway arches, street lighting and other features. The conceptual master plan may also address short sections of streets intersecting Main Street.

We have designated five separate areas where improvements will occur:

Area 1 - I-15 to Sumner Avenue
This area includes the removal of Magnolia trees and groundcover in the parkway. Canary Island Palms will be incorporated as the dominant street tree / palm ( approx. 20' BT height). No sidewalk modifications are anticipated.

Area 2 - Sumner Avenue to Heald Avenue
Existing Magnolia trees and groundcover will be removed in the parkway. Although palms will not be included in the area, a new street tree type will be incorporated. Sidewalk modifications between Franklin St. and Heald Avenue will be addressed to create areas for street trees and shrubs. This area will also feature an entry gateway arch.

Area 3 - Heald Avenue to Sulphur Street
Existing Sycamore trees and understory shrubs will be removed and replaced with a new street tree type along with new groundcover and shrubs - all which will be California- friendly, drought tolerant plantings. The new City Hall will be incorporated in the proposed improvements in addition to considering repurposing of the existing outdoor spaces near the current City Hall. Standard galvanized sign posts and other features will be upgraded as needed to match the established aesthetics of this section of the corridor.

Area 4 - Sulphur Street to Library Street
The design team will consider extending components of Area 3 into the east end of this portion of the streetscape. Existing palms will be replaced with new Canary Island Palms. Existing sidewalks will be modified to create new areas for proposed trees and shrubs. Curb and sidewalk will be proposed where needed. Modifications to the park frontage will be considered while maintaining visibility into and out of the park.

Area 5 - Library Street to Lakeshore Drive
Existing palms and shrubs will be removed and replaced with Canary Island Palm and new parkway shrubs.

Curb, sidewalk and a landscaped parkway will be incorporated. The second gateway arch will be incorporated in addition to a landscape median.

Please refer to the attachment: " 2022 08 05 Main Street Streetscape Master Plan - Scope Outline. pdf" in reference to our understanding of the proposed scope of work.

DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E February 7, 2023
Main Street Corridor Master Plan Proposal

4141 E. Inland Empire Blvd., 250, Ontario, CA 91764 Tel. 909.481.5750 Fax 909. 481.5757 Additional considerations for the master plan include:

Analysis of existing street trees ( health, location, appropriateness, maintenance, water requirements, theming)
Integration / installation of new street furniture where appropriate Major intersection treatments and gateways
Creation of outdoor gathering places
Placement of “Art in Public Places” where desired ( Main St. interchange will have artwork on the abutment walls once the interchange improvements are complete) Analysis and improvements of any ADA deficiencies
Selection of low water use plantings
Consideration of planned and future development
Costs of improvements and phased implementation.

Sidewalk treatment to maximize pedestrian flow and incorporate street furniture and landscaping Pedestrian and vehicular lighting
Implementation of iconic gateways
Scope of Work
Task 1 – Start- Up Meeting and Site Visit - $4,200
DEA project team members will attend an initial start- up meeting with the City staff. This meeting will allow a review of the project field conditions, goals and objectives ( including stakeholder input if desired). We will also begin to discuss key opportunities and constraints for the project, in addition to evaluating issues such as infrastructure, sidewalk conditions, turning movements related to the integration of landscaped medians, community identification / gateways, multi- modal opportunities, integration of the new City Hall building, lighting, signage ( wayfinding), visioning, and project implementation. This meeting will provide a thorough review of the scope of services, objectives, design, maintenance, construction schedule and budget.

Deliverables: One project start- up meeting and site visit.

Task 2 – Project Scheduling - $ 3,900
The DEA project manager will prepare and update the project schedule through the use of Microsoft Project.

Copies of the approved schedule will be provided to key members of the project team.

Deliverables: Project schedules, updated as deemed necessary throughout the duration of the project.

Task 3 – Research and Data Collection - $ 7,400
The DEA team will perform research in preparation of the base mapping for the project. This research will include searching for available record data ( relevant plans, reports, right- of-way maps, aerial photos, and existing improvement plans, etc.) within or adjacent to the project limits, and assembling and reviewing.

Deliverables: Research and data collection as noted above.

Task 4 – Visual Assessment of the Project Area (Informal Field Review) - $ 7,700 DEA will photograph the project area to catalog the existing roadway conditions, front elevations of subject properties, and any additional photos deemed necessary to utilize during the theming and visionary process.

An exhibit will be developed for use during team meetings.

DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E February 7, 2023
Main Street Corridor Master Plan Proposal

4141 E. Inland Empire Blvd., 250, Ontario, CA 91764 Tel. 909.481.5750 Fax 909. 481.5757 Deliverables: Photo boards will be prepared to depict existing conditions throughout the corridor, in addition to ‘Visioning Examples’ that could be implemented. These image boards will be utilized throughout the Visioning phase of work.

Task 5 – Survey and Preparation of Base Map - $ 88,633 (Survey $ 81,218) Aerial photography will be obtained for those portions of Main Street ( I-15 Freeway to Lakeshore Drive) within the project limits. Aerial mapping will be limited to mapping with the street right of way. 20-scale planimetric aerial mapping with 0.5-foot contours will be obtained.

Limited topographic field surveys will be performed to collect critical tie-in points and in areas obscured in the aerial photography. The topographic field surveys will be used to verify the 20-scale aerial planimetric mapping and include additional survey data for critical tie-in points, surface visible utilities, invert elevations, and other features obscured by vegetation or shadows in the aerial mapping which fall within the limits described in this paragraph. The topographic survey data will be processed and plotted in CAD at a scale comparable to the aerial mapping.

The street centerlines and record rights of way for Main Street and intersecting street will be computed from publicly available record maps. Research will be conducted at the County of Riverside for existing centerline and right- of-way files and/or available cadastral records in support of the centerline and rights- of-way of Main Street and other intersecting rights of way within the project limits. A few centerline monuments will be tied into the horizontal survey control established for this project and utilized in the orientation of the existing record centerline and right of way.

DEA will prepare a 1”=20’ scale ( or similar) base map of the project area utilizing aerial photos and street improvement plans provided by the City.

Deliverables: Survey work products, project area base sheets indicating the Main Street corridor including existing street trees and cross streets.

Task 6 – Draft Recommendations Report - $ 12,900
Using the prepared base mapping, DEA will perform a project walk- thru. The team will identify items such as non-ADA conforming ramps, obstructions, constraints, and identify existing features impacted by the proposed improvements. Physical constraints contained within the parkway will be identified. DEA will use data gathered during the project walk to address proposed improvements throughout the corridor.

Engineering concerns and recommendations will need to be provided by the City.

Deliverables: Draft report indicating constraints and recommendations.

Task 7 – Team Meetings - $ 10,700
DEA will attend three in-person or virtual meetings with the City project team as well as two in-person meetings with the City Council to present our ideas and obtain feedback. At this time, we have not included any community meetings or stakeholder outreach in our scope of work. If the City would like to add those elements in the future, DEA would be happy to provide a supplemental scope of services and associated fees.

Deliverables: Meeting minutes and notes will be generated for record purposes.

Task 8 – Conceptual Plan Development - $ 29,700
Based on staff input, one conceptual plan and one revised plan will be developed. The conceptual design will be graphically portrayed to represent the proposed improvements through " typical" plan views for representative sections of each of the five areas. The conceptual design will include illustrative sketches and DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E February 7, 2023
Main Street Corridor Master Plan Proposal

4141 E. Inland Empire Blvd., 250, Ontario, CA 91764 Tel. 909.481.5750 Fax 909. 481.5757 sections of the proposed improvements. These might include, but are not limited to, parkway improvements, landscaping, site furnishings, bus stop improvements, pavement treatments, gateways, lighting, and potential ‘ art in public places’ display areas. Preliminary cost data will be included, as well as information regarding phased implementation if desired.

Deliverables: 1 conceptual and one revised plan as described.

Task 9 - Gateway Development ( By Hunt Design) - $ 15,900 DEA' s subconsultant, Hunt Design will provide the following elements to be incorporated into the conceptual design tasks:

A. Gateway Arch and Sign – Main St. @ (approximately) Sumner Ave.

B. Gateway Arch and Sign – Main St. @ (approximately) Lakeshore Ave.

1. Conduct a kick- off meeting to help clarify the goals of the program, identify likely issues and challenges.

2. Research community history, culture, arts and architecture that may be expressed in gateway signage.

3. Evaluate proposed gateway locations, and provide recommendations for locations.

4. Develop design concepts to express the City brand. Explore visual form for each sign type.

Consider historic, contextual and environmental qualities in design process.

5. Prepare and present up to three concept design directions for review with project team.

Studies will include archway signage and other gateway elements.

6. Presentation to include signage studies incorporated into DEA renderings as appropriate.

7. Attend ( virtual) coordination meetings with DEA – three meetings are assumed.

8. Up to 3 rounds of design revisions of initial concept design into final design recommendation is assumed.

9. Prepare preliminary cost estimates for each design concept.

10. Coordination with DEA regarding materials, location, utilities, and other design elements.

11. Review findings and conceptual designs with City staff. Two in-person meetings are included in this task.

Deliverables: Conceptual / alternative designs as described; fabrication / installation estimates.

Reimbursables ( for budgetary purposes only) - $ 1,200
Reimbursable fees may include mileage, printing, and delivery costs. The fee shown herewith is for budgetary purposes only based on the above tasks. See below for additional information associated with said costs.

Sub Total Fee - $181,033
Reimbursables - $ 1,200
Total Fee - $182,233
Invoices will be due and payable within 30 days and will be sent monthly based upon the percentage of work completed. Government fees, mileage, delivery costs such as Federal Express charges and plotting / reproduction services are considered reimbursable fees and shall be billed to you at cost plus 15%. Any service requested which does not fall within the scope of services listed, or any duplication of work due to changes desired by the City will be performed on an “Extra Services” basis and negotiated accordingly.

DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

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CERTIFICATE OF LIABILITY INSURANCE
Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
816) 960- 9000
kcasu@lockton. com
DAVID EVANS AND ASSOCIATES, INC.
2100 S RIVER PARKWAY, SUITE 100
PORTLAND OR 97201
MAIN
American Guarantee and Liab. Ins. Co. 26247
American Zurich Insurance Company 40142
Continental Casualty Company 20443
Zurich American Insurance Company 16535
X
X
1,000, 000
1,000, 000
10, 000
1,000, 000
2,000, 000
2,000, 000
X
1,000, 000

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX
N
X
1,000, 000
1,000, 000
1,000, 000

PROFESSIONAL

LIABILITY
PER CLAIM $ 1,000, 000
ANNUAL AGGREGATE $ 1,000, 000
C BAP9830390 12/ 1/2022 12/ 1/ 2023
A GLO9830389 12/ 1/2022 12/ 1/ 2023
B AEH591924704 12/ 1/2022 12/ 1/ 2023
D WC9336626 12/ 1/2022 12/ 1/ 2023

NOT APPLICABLE
12/1/2023
1456304
Y Y
Y Y
Y
11/ 29/ 2022
N N
16294615
16294615 XXXXXXX

CITY OF LAKE ELSINORE
ATTN: REMON HABIB
130 S. MAIN STREET
LAKE ELSINORE CA 92530
RE: MAIN STREET WALL AESTHTICS. THE CITY, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NONCONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION/ EMPLOYER’ S LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT.

X X
See Attachments
DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E Additional Insured – Owners, Lessees Or Contractors
Scheduled Person Or Organization
POLICY NO. GLO 9830389
This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization( s): Location(s) Of Covered Operations
Any person or organization you are required to add Any Location where you have agreed, through a written contract, agreement or permit, to provide
as an additional insured in a written contract or Additional insured coverage except where such written agreement. Contract or agreement is prohibited by law.

A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", " property damage" or personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

All other terms, conditions, provisions and exclusions of this policy remain the same.

U-GL-2169-A CW (02/19)

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Miscellaneous Attachment: M503337 Certificate ID: 16294615 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E Additional Insured – Owners, Lessees Or Contractors
Completed Operations
POLICY NO. GLO 9830389
This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization( s): Location And Description Of Completed Operations Any person or organization you are required to add
as an additional insured under a written contract or
written agreement.

Any location or project where you are required to provide additional insured status in a written contract or written agreement, except where such contract or agreement is
prohibited by law.

Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization( s) shown in the Schedule of this endorsement, but only with respect to liability for " bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in such Schedule, performed for that additional insured and included in the "products-completed operations hazard".

All other terms, conditions, provisions and exclusions of this policy remain the same.

U-GL-2168-A CW (02/19)

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Miscellaneous Attachment: M503356 Certificate ID: 16294615 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E POLICY NUMBER: GLO 9830389
Other Insurance Amendment - Primary And
Non-Contributory
This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part

1. The following paragraph is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions:

This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions:

This insurance is excess over:

Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.

All other terms and conditions of this policy remain unchanged.

U-GL-1327-A CW
Miscellaneous Attachment: M503490 Certificate ID: 16294615 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E Waiver Of Subrogation ( Blanket) Endorsement
Policy No. Eff. Date of Pol. Exp. Date of Pol.

GLO 9830389 12/01/2022 12/01/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:

If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest.

U-GL- 925- B CW ( 12/ 01)

Miscellaneous Attachment: M460257 Certificate ID: 16294615 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E POLICY NUMBER: BAP 9830390 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: DAVID EVANS AND ASSOCIATES, INC.

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR

RIGHTS OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the “ accident” or the “ loss” under a contract with that person or organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 6 Attachment Code: D465278 Certificate ID: 16294615
DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY
WC 00 03 13 (Ed. 04-84)
POLICY NUMBER: WC9336626

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

This agreement applies only to the extent that you perform work under a written contract that required you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

SCHEDULE
Any person or organization that requires you to waive your rights of recovery in a written contract or agreement with the Named Insured.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Miscellaneous Attachment: M460261 Certificate ID: 16294615 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E POLICY NUMBER: BAP 9830390 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization( s) who are “insureds” for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

SCHEDULE
Name Of Person(s) Or Organization( s):

ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN

CONTRACT OR WRITTEN AGREEMENT, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an “ insured” for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision
contained in Paragraph A.1. of Section II – Covered
Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section
I – Covered Autos Coverages of the Auto Dealers
Coverage Form.

CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Miscellaneous Attachment: M503359 Certificate ID: 16294615 DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date:

Description:

Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
2100 SOUTHWEST RIVER PKWY Business Type:

PORTLAND, OR 97201
DAVID EVANS AND ASSOCIATES, INC.
2100 SW RIVER PKWY # 100
PORTLAND, OR 97201-8073
This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
DAVID EVANS AND ASSOCIATES, INC.

AL BARKOULI

MARCUS MCGARITY

PROFESSIONAL/ GENERAL- MISC

ENGINEERING AND LAND SURVEYING

CONSULTING SERVICES
015735
6/1/2022 5/31/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca.gov/ publications/ DocuSign Envelope ID: B5FD353A- ACBD- 4D65-8C36-08E39F7E762E 21) Resolution Requesting a Grant from the California State Parks Department of Boating and Waterways to Install Three Floating Restrooms Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, IN SUPPORT OF A GRANT FROM THE CALIFORNIA STATE PARKS

DEPARTMENT OF BOATING AND WATERWAYS FOR THE INSTALLATION OF THREE FLOATING RESTROOMS BY THE CITY AT LAKE ELSINORE.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: December 10, 2024
Subject: Resolution Requesting a Grant from the California State Parks Department of Boating and Waterways to Install Three Floating Restrooms Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, IN SUPPORT OF A GRANT FROM THE CALIFORNIA STATE PARKS

DEPARTMENT OF BOATING AND WATERWAYS FOR THE INSTALLATION OF THREE FLOATING RESTROOMS BY THE CITY AT LAKE ELSINORE.

Background
Lake Elsinore is located on the southwest side of the City of Lake Elsinore, with a population of 72,472 in Riverside County. It is Southern California's largest natural freshwater lake, with 3,000 surface acres and over 14 miles of shoreline. The Lake accommodates a variety of recreational activities, including fishing, boating, jet skiing, water skiing, wakeboarding, kayaking, paddle boarding, windsurfing, bird watching, and swimming. Public amenities include beaches with picnic and shade features, easy-access parking, and a four-mile levee for hiking and nature watching.

Although the Lake has numerous private boat launches, the city owns and operates a public boat launch at the Launch Pointe Recreation Destination and RV Resort (Launch Pointe). A population of over 1.5 million is within a 30-minute drive of the Lake, and the city sells approximately 10,000 lake-use passes per year (on average) for motorized vessels.

Floating Restrooms

Discussion
The City of Lake Elsinore, Department of Public Works, requests three (3) floating restrooms from the California State Parks – Division of Boating and Waterways Grant Program for the Lake Elsinore recreational area. The Lake has two existing restrooms, which were installed in 2013 and paid for by the Floating Restroom Grant. Due to their age and condition from cumulative wear and tear, neither restroom is functioning as needed, and both restrooms are minimally functional.

For the past few years, the city has been taking parts from one of the restrooms to extend the life of both restrooms and keep them functional. Both restrooms are heavily vandalized and are past their useful life (11 years old). Due to their age, parts are no longer readily available.

Lake Elsinore is one of Southern California's fastest-growing cities. Between 2000 and 2023, the population grew by 144% (Nielsburg Insights). The average growth rate for the last ten years has been approximately 2.45% yearly. In response to population growth and increased demand for recreational opportunities, the city has invested heavily in developing numerous amenities at the Lake over the past decade. Population growth and the draw of these amenities have strained the existing floating restrooms. As such, the city aims to replace both existing restrooms and add a third to accommodate the growing demand and use of the Lake by residents and local and regional visitors. A grant award from the Department of Boating and Waterways will allow the city three fully functioning floating restrooms at this heavily trafficked and popular Lake.

Fiscal Impact
This grant will be supported by funding from the California State Parks Department of Boating and Waterways.

Attachments
Attachment 1 - Resolution
Attachment 2 - Grant Agreement
Attachment 3 - Grant Application
Public Works
RESOLUTION NO. 2024-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, REQUESTING A GRANT FROM THE CALIFORNIA STATE PARKS

DEPARTMENT OF BOATING AND WATERWAYS FOR THREE FLOATING

RESTROOMS FOR INSTALLATION BY THE CITY AT LAKE ELSINORE Whereas, the City of Lake Elsinore has ownership and control of Lake Elsinore, a natural lake located within city limits; and,
Whereas, the City of Lake Elsinore is desirous of installing three floating restrooms at Lake Elsinore to meet the needs of boaters, protect water quality, and to provide public access to these facilities; and,
Whereas, the Department of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the installation of floating restrooms; and, Whereas, the cost of the Floating Restrooms 2024-2025 project is $0.00; and, Whereas, if awarded, the Department of Boating and Waterways will provide the requested floating restrooms to the City of Lake Elsinore free of charge; and, Whereas, the City of Lake Elsinore (applicant), if selected, will enter into a grant agreement with the Department of Boating and Waterways to carry out the project; and, Whereas, the grant agreement will require the City of Lake Elsinore to provide for the operation and maintenance of said restrooms at no cost to the State for a period of ten (10) years; and,
Whereas, the City of Lake Elsinore will not charge a fee for use of the floating restrooms if awarded; and,
Whereas, the City of Lake Elsinore will install signage that shall acknowledge that the facility was provided by funds from the Clean Vessel Act with a sign supplied by the State; and, Whereas, the City of Lake Elsinore will agree to all other terms and conditions outlined in the grant agreement; and,
Whereas, the City of Lake Elsinore has the legal authority and is authorized to enter into a funding agreement with the California State Parks Department of Boating and Waterways.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the City Council.

Section 2. The City of Lake Elsinore City Manager, or designee is hereby authorized and directed to execute the funding agreement with the California State Parks Department of Boating and Waterways and any amendments there to.

CC Reso No. 2024-____

Section 3. The City of Lake Elsinore City Manager, or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain the grant award.

Section 4. Certifies that the project will comply with all applicable laws and regulations of the State of California, U.S. Fish and Wildlife Code of Federal Regulations (2 CFR 200, 50 CFR 85), Equal Opportunity (41 CFR 60-1.4(b)), Copeland “Anti-Kickback” Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements” (37 CFR Part 401), Clean Air Act (42 U.S.C. 7401-7671q.), and the Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti-Lobbying amendment (31 U.S.C. 1352).

Section 5. This Resolution shall take effect immediately upon its adoption.

Section 6. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 10th day of December 2024.

Mayor’s Name
Mayor
Attest:

Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2024-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of December 10, 2024, and that the same was adopted by the following vote:

CC Reso No. 2024-____

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
1 4.11.24 final CVA Install, FRR
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VESSEL PUMPOUT FACILITY INSTALLATION,

VESSEL PUMPOUT AND FLOATING RESTROOM

PUMPOUT EQUIPMENT GRANT AGREEMENT

TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS ................................................................................. 3 ARTICLE 2 - TERM OF AGREEMENT................................................................ 4 ARTICLE 3 - GRANT ........................................................................................... 4 ARTICLE 4 - COMPLIANCE WITH LAW, REGULATION, AND POLICY ........... 5 ARTICLE 5 - USER FEES (50 CFR 85.44) ......................................................... 4 ARTICLE 6 - PROJECT COMPLETION DATE ................................................... 5 ARTICLE 7 - DISBURSEMENT OF GRANT ....................................................... 6 ARTICLE 8 - SPECIAL PROVISIONS................................................................. 7 ·ARTICLE 9 - COST SHARING OR MATCHING (2 CFR 200.306) ..................... 9 ARTICLE 10 - CONSTRUCTION OF PROJECT................................................. 11 ARTICLE 11 - WAIVER OF RIGHTS ................................................................... 12 ARTICLE 12 - PROJECT REPRESENTATIVES ................................................ 12 ARTICLE 13 - REMEDIES NOT EXCLUSIVE ..................................................... 12 ARTICLE 14 - OPINIONS AND DETERMINATIONS .......................................... 12 ARTICLE 15 - ASSIGNMENT, SALE, OR TRANSFER....................................... 12 ARTICLE 16 - SUCCESSORS AND ASSIGNS OBLIGATED ............................. 13 ARTICLE 17 - TERMINATION ............................................................................. 13 ARTICLE 18 - LIABILITY...................................................................................... 14 ARTICLE 19 - WAIVERS ..................................................................................... 14 ARTICLE 20 - DISPUTE RESOLUTION.............................................................. 15 ARTICLE 21 - WAIVER OF THE STATUTE OF LIMITATIONS .......................... 15 ARTICLE 22 - NOTICES ...................................................................................... 15 ARTICLE 23 - PRIOR TERMINATION................................................................. 15 ARTICLE 24 - AUDIT ........................................................................................... 15 ARTICLE 25 - IMPLEMENTATION OF PROJECT.............................................. 16 ARTICLE 26 - COMPLIANCE WITH FEDERAL REQUIREMENTS.................... 16 EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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ARTICLE 27 - OUTSIDE SERVICES (NON-EXCLUSIVITY) .............................. 16 ARTICLE 28 - STATUS REPORTS ..................................................................... 16 ARTICLE 29 - MEETINGS ................................................................................... 16 ARTICLE 30 - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308)........................................................................................ 17 ARTICLE 31 - TERMS AND CONDITIONS......................................................... 17 ARTICLE 32 - MANDATORY DISCLOSURES.................................................... 17 ARTICLE 33 - GRANTEE IDENTIFICATION NUMBER ...................................... 18 ARTICLE 34 - REPORTABLE PAYMENT IDENTIFICATION AND
CLASSIFICATION ........................................................................ 18 ARTICLE 35 - NATIONAL LABOR RELATIONS BOARD CERTIFICATION ...... 18 ARTICLE 36 - INCORPORATION OF NONDISCRIMINATION CLAUSE........... 18 ARTICLE 37 - STATEMENT OF COMPLIANCE ................................................. 18 ARTICLE 38 - NONDISCRIMINATION CLAUSE ................................................ 18 ARTICLE 39 - ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT
EMPLOYEE WHISTLEBLOWER PROTECTION ........................ 19 ARTICLE 40 - EQUAL OPPORTUNITY CLAUSE ............................................... 20 ARTICLE 41 - SUPERSEDING GENERAL TERMS AND CONDITIONS ........... 23 EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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ARTICLE 1 - DEFINITIONS
A. “Allowable Project Costs”: Those permitting, planning, signage, labor, design, material and construction costs which are necessarily incurred by the Grantee for the purpose of completing the Project and are covered by the Grant as eligible Grant activities; such Project Costs shall not include any expenses incurred prior to the start of the Grant Performance Period of this Agreement nor any expenses incurred for ineligible activities unless otherwise noted in the Project Scope and Cost Estimate (Exhibit B).

B. “Department”: Department of Parks and Recreation, Division of Boating and Waterways.

C. “Date of Acceptance” for Installation Agreements: The date specified on the Project Completion Certification and which denotes the beginning of the seven (7) year portion of the grant term in accordance with Article 2 of this Exhibit.

D. “Grant”: Funds provided pursuant to Harbors and Navigation Code Section

72.75 and the Federal Clean Vessel Act of 1992 (50 CFR Part 85) to finance all or part of the Project Costs.

E. “Grant Agreement”: Contract that identifies terms, conditions, and obligations of each signatory agency.

F. “Grantee”: The entity identified as Grantee on the face page of the Agreement.

G. “Grant Performance Period”: The time during which the grantee may carry out the work authorized by the grant agreement.

H. “Open and Available to the Public”: All users shall have full and reasonable access to the facilities for the purpose of sewage disposal.

I. “Project”: The Project Scope attached and made part of the Agreement as Exhibit B.

J. “Project Area”: The area described in Exhibit B within which the Project will be undertaken.

K. “Project Completion Certification” for Installation Agreements: Fully executed Notice of Completion, or equivalent, which states the Grantee has accepted the EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
4 4.11.24 final CVA Install, FRR
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Project as complete on a specific date (Date of Acceptance).

ARTICLE 2 - TERM OF AGREEMENT
A. For installation projects, the term of this Agreement, subject to the provisions for prior termination, shall begin on the first date of the Grant Performance Period of the Agreement and shall continue for seven (7) years from the date that the Project is accepted by the Department.

B. This Agreement may be extended, amended, or canceled upon written agreement of both the Department and the Grantee.

ARTICLE 3 - GRANT
A. The Department hereby grants up to Type out the amount ($XX,XXX.XX), to the Grantee, for operation and maintenance of the floating restrooms (or:
installation of the pumpout facility OR installation of the pumpout equipment) at Project Location in compliance with the regulations of the Clean Vessel Act (50 CFR Part 85).

B. The Grant shall not exceed SEVENTY FIVE PERCENT (75%) of the allowable Project Costs. The Grantee shall contribute the remaining TWENTY FIVE PERCENT (25%).

C. The Grant provides for reimbursement with Federal Funds [FED CATALOG

15.616].

D. The Project work shall be in accordance with the approved Project Scope and Cost Estimate, attached as Exhibit B which is made part of this Grant Agreement.

E. This Grant is subject to the terms and conditions in Exhibits A, B, C and D of this Agreement.

ARTICLE 4 - COMPLIANCE WITH LAW, REGULATION, AND POLICY A. Grantee shall comply with all applicable laws and regulations of the State of California, U.S. Fish and Wildlife Code of Federal Regulations (2 CFR 200, 50 CFR 85), Equal Opportunity (41 CFR 60-1.4(b)), Copeland “Anti-Kickback” Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), “Rights to Inventions Made by Nonprofit Organizations and Small EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
5 4.11.24 final CVA Install, FRR
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Business Firms Under Government Grants, Contracts and Cooperative Agreements” (37 CFR Part 401), Clean Air Act (42 U.S.C. 7401-7671q.), and the Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd AntiLobbying amendment (31 U.S.C. 1352). Updated regulations are available at the U. S. Fish and Wildlife website http://www.fws.gov/grants/resources.html.

Failure by the GRANTEE to comply with the terms of any State contract, may jeopardize the grantee's ability to be awarded funding in future funding opportunities offered by the Department of Parks and Recreation.

ARTICLE 5 - USER FEES (50 CFR 85.44)
A. The Grantee may not charge a fee for the use of any floating restroom facilities covered by this Grant.

B. The Grantee may charge a fee for the use of the pumpout facility constructed, operated, or maintained with the Grant: however; those fees may only be used to defray operation and maintenance costs incurred from the operation of the vessel pumpout facility. The Grantee may not charge a total fee in excess of $5.00 for the use of the pumpout facility constructed without prior written approval of the Department. The $5.00 fee may be increased or decreased annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for December 1993 (436.8) as the base for any adjustment. Fees shall be equal for all users. However, members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers.

ARTICLE 6 - PROJECT COMPLETION DATE
For all Operation and Maintenance projects, the Grantee shall complete the project as described in the Project Scope, Exhibit B and hereinafter referred to as “Project” no later than Project Completion Date.

EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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ARTICLE 7 - DISBURSEMENT OF GRANT
The Department shall provide a Grant to the Grantee up to the maximum amount stated on the face page of the Agreement, however: No funds shall be disbursed for work performed prior to the start of the Grant Performance Period of this Agreement. The Department shall have no obligation to disburse any of the Grant to cover construction costs unless and until the Grantee demonstrates that it has acquired all permits necessary to construct and operate the Project. The Department shall have no obligation to disburse any of the Grant unless and until the Grantee provides the Department with copies of fully executed contracts for which it seeks reimbursement.

Grant disbursements to cover Project Costs shall be made in arrears as follows:

A. Grantee shall request a Grant disbursement in arrears at least quarterly, but not more frequently than monthly, for any and all reimbursable expenses incurred during that period, using the form provided by the Department unless Grantee has a form otherwise approved by the Department in writing. Paid invoices or other evidence of Grantee’s payment of Project Costs must accompany Grant disbursement requests. When Grantee’s staff completes work for which it wants to be reimbursed, Grantee shall submit clearly identified signed time sheets by both employee and supervisor, noting hours worked, activities conducted towards this project and direct pay rates, including benefits for each employee whose labor is billed to the Grant.

B. Grant disbursement requests shall be submitted in hardcopy to the Department in a form satisfactory to the Department. In the event no reimbursable expenses were incurred during a quarter, the Grantee shall report to the Department of any progress made on the Project, or explanation of no progress made on the Project, at least monthly.

C. Grantee shall request final Grant disbursement no later than thirty (30) days following the Date of Acceptance of the Project by the Grantee.

D. The Department may withhold any Grant disbursement if the Grantee fails to comply with any of the provisions of this Agreement.

The GRANTEE shall use Generally Accepted Accounting Principles.

EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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ARTICLE 8 - SPECIAL PROVISIONS
A. The pumpout facility constructed under this Grant shall be operated, maintained, and be open and available to the public for the full term of this Agreement.

1. Operation of the pumpout facility shall be during normal business hours each day and availability shall not be hindered by locked enclosures, padlocks, pass keys, electronic keys, token systems, or other means.

2. The pumpout facility constructed under this Agreement shall be equipped with an hour meter to record its usage.

B. The floating restroom(s) operated and maintained under this Grant shall be open and available to the public for the full term of this Agreement.

1. The floating restroom(s) shall not be moored, tied to, or located within or immediately adjacent to any marina or attached to any shoreline. The intention of the floating restrooms is to provide sanitary facilities in locations that would not otherwise be available due to remote location, limited or no landside access, or rough topography.

C. For vessel pumpout facility, the Grant recipient shall install signage that shall:

1. Indicate the presence of a pumpout facility. (State supplied sign),

2. Acknowledge that the facility was constructed or improved with funds from the Clean Vessel Act. (State supplied sign),

3. Provide appropriate information at the pumpout facility that indicates fees, restrictions, operation instructions, and a contact name and number if the facility is inoperable, and

4. Provide notice on the pumpout facility that identifies the local city, county, local public health officer, or boating law enforcement officer responsible for enforcing the pumpout regulations in the local area.

D. For floating restroom facility, the Grant recipient shall install signage that shall:

1. Acknowledge that the facility was constructed with funds from the Clean Vessel Act. (State supplied sign)
E. Operation and Maintenance of Project

1. Because the Department has invested public funds in this facility, the Department has a vested interest in its success. The Grantee therefore EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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shall ensure that the facilities are operated and maintained in a manner that will prevent discharge of any sewage to the waters of the State. The facilities shall be maintained in good working order, and they shall be regularly cleaned for the entire term of this Agreement.

2. Facilities shall be subject to periodic dye testing for the term of the grant agreement. This testing may be performed by representatives of DBW and/or Grantee staff. The purpose of the testing is to identify any previously undetected issues in the pumpout system and related plumbing to shoreline facilities so they can be addressed promptly as to prevent waterbody pollution and possible fines that may be imposed by environmental agencies.

3. The Grantee shall be responsible for all costs of maintenance, management, control, and operation of the Project Area.

4. The Department and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project Area for purposes of inspecting the facilities to determine if the facility is being operated and maintained according to the termsof this Agreement.

5. The Grantee hereby authorizes the Department and its agents to periodically at all reasonable times enter the Project Area to inspect the grant funded improvements and publish the results as a part of its ongoing monitoring of California’s sewage disposal network.

6. Failure by Grantee to maintain the facility according to this section is a breach of this Agreement and may subject the Grantee to Termination of this Agreement.

7. The Department and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project Area.

8. The Department and its agents may install upon the facilities equipment a monitoring device to record the operation and reliability of the Project under this Agreement.

9. The Grantee shall at a minimum maintain the facility in accordance with the maintenance guidelines below:

EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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a) Inspect vessel pumpout facilities daily for cleanliness, suction hose and nozzle conditions, discharge pipe condition, and general pump operating condition. All repairs shall be completed within 72 hours of identifying a need. Perform cleanup and maintenance as required. b) Inspect each floating restroom at least weekly for cleanliness, and general operating condition. All repairs shall be completed within 72 hours of identifying a need. Perform cleanup, maintenance, and restock supplies (i.e., toilet paper, soap) as needed.
c) Perform preventative maintenance, as recommended by the equipment manufacturer for all equipment according to the manufacturer’s recommended schedule.

10. All Contracts issued by grantee for work related to this award shall comply with Federal requirements 2 CRF identified in section §§200.318 General procurement standards through 200.326 Contract provisions.

F. Upon expiration of the Agreement, all improvements made by the Grantee shall become property of the Grantee.

G. Grantee shall each year provide information about the use and reliability of the facilities in the form of a post-implementation evaluation report (PIER) provided by the Department and shall provide the results of the PIER to the Department no later than 30 days after receipt of the PIER.

H. Notices required between the parties shall be deemed to have been given on the date they are mailed to the respective party’s address herein, first-class postage fully prepaid thereon.
·ARTICLE 9 - COST SHARING OR MATCHING (2 CFR 200.306)
A. All shared costs, matching funds, and contributions, including cash and third party in-kind contributions, shall meet all of the following criteria:

1. Shall be clearly and specifically detailed in writing, and verified by Grantee,

2. Shall not be included as contributions for any other Federal award,

3. Shall be necessary and reasonable for accomplishment of Project or program objectives,
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4. Shall be allowable under Article 9, Item F below,

5. Shall not be paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for that program may be applied to matching or cost sharing requirements of other Federal programs,

6. Shall be provided for in the approved budget when required by the Federal awarding agency, and

7. Shall conform to other provisions of this part, as applicable.

B. Unrecovered indirect costs, including indirect costs on cost sharing or matching, may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. Unrecovered indirect cost means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the non-Federal entity’s approved negotiated indirect cost rate.

C. When Grantee conducts approved activities with its own staff to meet cost share or match requirements, Grantee shall submit clearly identified signed time sheets signed by both employee and supervisor, noting hours worked, activities conducted toward this project and direct pay rates, including benefits for each employee whose labor is billed to the Grant as cost share or match requirements.

D. Volunteer services furnished by third-party professional and technical personnel, consultants, and other skilled and unskilled labor may be counted as cost sharing or matching if the service is an integral and necessary part of an approved Project or program. Rates for third-party volunteer services must be consistent with those paid for similar work by the non-Federal entity. In those instances, in which the required skills are not found in the non-Federal entity, rates must be consistent with those paid for similar work in the labor market in which the nonFederal entity competes for the kind of services involved. In either case, paid fringe benefits that are reasonable, necessary, allocable, and otherwise allowable may be included in the valuation.

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E. When a third-party organization furnishes the services of an employee, these services must be valued at the employee’s regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, allocable and otherwise allowable, and indirect costs at either the third party organization’s approved federally negotiated indirect cost rate or, a rate in accordance with §200.414. Indirect (F & A) costs, paragraph (d), provided these services employ the same skill(s) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made.

F. Donated property from third parties may include such items as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. Value assessed to donated property included in the cost sharing or matching share must not exceed the fair market value of the property at the time of the donation.

G. The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately owned building in the same locality.

H. The value of loaned equipment must not exceed its fair rental value.

1. For third-party in-kind contributions, the fair market value of goods and services must be documented and to the extent feasible supported by the same methods used internally by the non-Federal entity.

2. For Institutes of Higher Education, see also OMB memorandum M-01-06, dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission Costs.

ARTICLE 10 - CONSTRUCTION OF PROJECT
A. All contracts for the Project shall:

1. Be awarded in accordance with all applicable laws and regulations, including but not limited to competitive bidding,

2. Contain the following clause: "Representatives of the Department shall be allowed access to all parts of the construction work.",

3. Contain a clause that the contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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which apply to the Project and any work performed pursuant to the contract, and

4. Contain a clause that requires the contractors to ensure the structural integrity and safety of the Project.

B. Inspection reports and related inspection data shall at all reasonable times be accessible to the Department personnel, and all request for copies of such reports and data shall be provided to the Department by the Grantee.

ARTICLE 11 - WAIVER OF RIGHTS
Any waiver by either party hereto of its rights with respect to a default or any other matter arising in connection with the Agreement shall not be deemed to be a continuing waiver with respect to that default, or to any other default or matter.

ARTICLE 12 - PROJECT REPRESENTATIVES
The Grantee and the Department shall each designate, in writing, specific staff representatives for the purposes of communication between parties. Grantee’s representative shall be confirmed by delegation of authority, signed by the person designated by Resolution to sign the Agreement or any amendments, and to make decisions concerning the Agreement.

ARTICLE 13 - REMEDIES NOT EXCLUSIVE
The use by either the Department or the Grantee of any remedy specified in this Agreement for the enforcement of this Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

ARTICLE 14 - OPINIONS AND DETERMINATIONS
Where the terms of this Agreement provide for action to be based upon the opinion, judgment, approval, review, or determination of either the Department or Grantee, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

ARTICLE 15 - ASSIGNMENT, SALE, OR TRANSFER
A. No assignment, sale, or transfer of this Agreement or any part hereof, rights EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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hereunder, or interest herein by Grantee shall be valid unless and until it is approved in writing by the Department and made subject to such reasonable terms and conditions as the Department may impose.

B. Grantee shall require, as a condition of assignment, sale or transfer of the property on which the Project is constructed, that the assignee, purchaser or transferee of the property assume, in writing, in such manner as shall be satisfactory to the Department, the obligations of this Agreement. Failure to comply with this provision shall constitute a default and shall be grounds for Department to terminate this Agreement.

ARTICLE 16 - SUCCESSORS AND ASSIGNS OBLIGATED
This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties to this Agreement.

ARTICLE 17 - TERMINATION
A. TERMINATION FOR CONVENIENCE

1. The Department may terminate this Agreement at any time for the convenience of the State upon thirty (30) days prior written notice, delivered by certified mail or in person to Grantee. Upon notice of such termination, Grantee shall, within thirty (30) days, return by check payable to the Department all unexpended Grant funds not previously approved for expenditure by the Department.

2. Grantee may terminate this Agreement at any time upon thirty (30) days prior written notice, delivered by certified mail or in person to the Department, provided, however, that upon any such termination of the Agreement Grantee shall, within thirty (30) days of such termination, reimburse by check payable to the Department all funds contributed by the Department to the Project on a prorated basis as determined by the Department.

B. TERMINATION FOR DEFAULT
The Department may at any time upon ninety (90) days prior written notice of default, and, when applicable, after having afforded Grantee an opportunity to cure any breach pursuant to Article 13 of this Exhibit, terminate this EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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Agreement if the Grantee has failed to abide by any applicable provision of this Agreement. In such case, Grantee shall, within ninety (90) days of its receipt of a notice of termination, reimburse by check all funds contributed by the Department to the Project on a prorated basis as determined by the Department.

ARTICLE 18 - LIABILITY
A. The Grantee waives all claims and recourse against the Department including the right to contribution for any loss or damage arising from, growing out of or in any way connected with or incident to this Agreement.

B. The Grantee agrees to indemnify, defend and hold harmless, the Department, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged in the performance of this Agreement or by any aspect of the Project during the term of this Agreement.

C. The Grantee shall indemnify, hold harmless, and defend the Department, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses and liability connected with or arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the Project.

D. If the Department is named as a co-defendant, the Grantee shall notify the Department and represent it unless the Department elects to represent itself.

If the Department undertakes its own defense, it shall bear its own litigation costs, expenses, and attorney's fees.

ARTICLE 19 - WAIVERS
No delay on the part of any party in exercising any right, power or privilege under this Agreement shall operate as a waiver of that right, power, or privilege, nor shall any written waiver on the part of any party of any right, power or privilege under EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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this Agreement, nor any single or partial exercise of any right, power or privilege under this Agreement, preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this Agreement. A written waiver of any breach of any kind shall not be construed as a waiver of any subsequent breach of the same kind.

ARTICLE 20 - DISPUTE RESOLUTION
Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the Grantee and Department representatives normally responsible for the administration of this Agreement shall be brought to the attention of the Deputy Director of the Division of Boating and Waterways or the Deputy Director's designee. At the request of either party, the Department shall provide a forum for the discussion of the disputed matter(s). If agreement cannot be reached, either party may assert its other rights and remedies within this Agreement in a court of competent jurisdiction.

ARTICLE 21 - WAIVER OF THE STATUTE OF LIMITATIONS
Grantee waives the benefit of any statute of limitations affecting its liability under this Agreement or the enforcement of this Agreement to the extent permitted by law.

ARTICLE 22 - NOTICES
Notices required between the parties shall be deemed to have been given when mailed to the respective addresses listed in this Agreement, first class postage fully prepaid thereon, unless otherwise required by law.

ARTICLE 23 - PRIOR TERMINATION
The Agreement shall terminate on the date specified in Article 6 of this Agreement if by such date (1) the Grantee has not met all conditions precedent to disbursement under this Agreement or (2) if the Department has disbursed no part of the Grant funds.

ARTICLE 24 - AUDIT
In addition to the audit requirements specified in other sections of this Agreement, Grantee understands and agrees that, as a recipient of Federal Funds, it must EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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comply with all applicable audit requirements imposed by federal law, regulations or policy, including but not limited to the Single Audit Act and the reporting requirements set forth in 2CFR200, Subpart F.

ARTICLE 25 - IMPLEMENTATION OF PROJECT
All contracts for the Project shall be awarded in accordance with all applicable laws and regulations.

ARTICLE 26 - COMPLIANCE WITH FEDERAL REQUIREMENTS
Grantee shall comply with all applicable Federal laws, regulations, and policies, including those summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife Service Handbook. These requirements include provisions for nondiscrimination, environmental standards, historic and cultural preservation, and other administrative guidelines, and are incorporated herein by this reference as if fully set forth.

ARTICLE 27 - OUTSIDE SERVICES (NON-EXCLUSIVITY)
DBW shall, at its sole discretion, have the right to obtain services relating to the subject and objectives of this Agreement outside the terms of this Agreement.

ARTICLE 28 - STATUS REPORTS
A. Brief, monthly status reports shall be submitted by the Grantee describing work carried out during the previous month and discussing progress toward the objective of the Project. Discussion of any problems, delays or other difficulties encountered in the Project progress shall also be included in the status reports.

B. Status reports shall be submitted by email or letter as closely as possible to the first working day of each calendar month.

ARTICLE 29 - MEETINGS
Upon the request of DBW, the Grantee shall participate in joint meetings with representatives of DBW to review the Project status. These meetings shall be held at the Grantee’s premises or in Sacramento at DBW headquarters at the discretion of the DBW Project Representative.

EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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ARTICLE 30 - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308) A. The approved budget for the Federal award summarizes the financial aspects of the Project or program as approved during the Federal Award process. It may include either the Federal and non-Federal share (see §200.43 Federal share) or only the Federal share, depending upon Federal awarding agency requirements.

It must be related to performance for program evaluation purposes whenever appropriate.

B. Recipients are required to report deviations from budget or Project Scope or objective and request prior approvals from Federal awarding agencies for budget and program plan revisions, in accordance with this section.

C. Grantees must request prior written approval from DBW for any of the following deviations of the proposed workplan; as described in attached Exhibit B.

1. Change in the scope or the objective of the Project (even if there is no associated budget revision requiring prior written approval).

2. Change in a key person specified in the application.

3. The disengagement from the Project for more than three months, or a 25 percent reduction in time devoted to the Project.

4. The transfer of funds budgeted for tasks defined in the workplan budget.

5. Changes in the approved cost sharing or matching provided by the Grantee.

6. Need arises for additional funds to complete the Project.

ARTICLE 31 - TERMS AND CONDITIONS
This Agreement is subject to the terms and conditions in this Agreement and in Exhibits A, B, C, D, and E of this Agreement.

ARTICLE 32 - MANDATORY DISCLOSURES
The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321).

EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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ARTICLE 33 - GRANTEE IDENTIFICATION NUMBER
Each Grantee who enters into an Agreement with the State of California must provide their Federal Employee Identification Number (FEIN), or Social Security Number (SSN), whichever is applicable.

ARTICLE 34 - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION Grantee shall comply with State and Federal Reportable Payment Identification and Classification Requirements by fully completing the “Vendor Data Record” Std. 204.

By signing this Agreement, Grantee understands and agrees that if Grantee does not fully complete the “Vendor Data Record” the State shall reduce the total Grant amount by twenty-one percent (21%) for federal backup withholding, and seven percent (7%) for state income tax withholding.

ARTICLE 35 - NATIONAL LABOR RELATIONS BOARD CERTIFICATION By signing this Agreement, the Grantee affirms under penalty of perjury, that no more than one (1) final, unappealable finding of contempt of court by a federal court has been issued against the Grantee or any of its contractors within the immediately preceding two year period because of Grantee’s failure to comply with an order of a federal court which ordered the Grantee to comply with an order of the National Labor Relations Board (California Public Contract Code §10296).

ARTICLE 36 - INCORPORATION OF NONDISCRIMINATION CLAUSE
The Grantee shall include the nondiscrimination clause and its compliance provisions into all contracts and subcontracts to perform work under this Agreement.

ARTICLE 37 - STATEMENT OF COMPLIANCE
By signing this Agreement, the Grantee certifies under penalty of perjury under the laws of the State of California, unless specifically exempted, that it has complied with California Government Code §12990 and the California Code of Regulations, Title 2, Division 4, Chapter 5, in matters relating to the development, implementation, and maintenance of a nondiscrimination program.

ARTICLE 38 - NONDISCRIMINATION CLAUSE
A. During the performance of this Agreement, the Grantee and all of its EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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contractors and subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religion, national origin, physical handicap, disability (including, but not limited to HIV and AIDS), cancer related medical condition, age, or marital status. Grantee and all of its contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employees and applicants for employment are free from such discrimination and harassment.

B. Grantee and all of its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code §12900, et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, §7285.0, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code §12990 (a-f) set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated herein by reference, and made a part hereof as if set forth in full. Grantee and all of its contractors and subcontractors shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining or other Agreement.

ARTICLE 39 - ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE

WHISTLEBLOWER PROTECTION
A. This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award and related subawards and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712.

B. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712.

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C. The recipient shall insert this clause, including this paragraph (c), in all subawards and contracts over the simplified acquisition threshold related to this award.

ARTICLE 40 - EQUAL OPPORTUNITY CLAUSE
Federally assisted construction Grants.

The applicant (Grantee) hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a Grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such Grant, contract, loan, insurance, or guarantee, the following equal opportunity clauses:

1. The Grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Granting officer setting forth the provisions of this nondiscrimination clause.

2. The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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understanding, a notice to be provided by the agency Granting officer, advising the labor union or workers' representative of the Grantee's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Grantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Grantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Granting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Grantee's non-compliance with the nondiscrimination clauses of this Grant or with any of such rules, regulations, or orders, this Grant may be canceled, terminated or suspended in whole or in part and the Grantee may be declared ineligible for further Government Grants in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Grantee will include the provisions of paragraphs (1) through (7) in every contract, subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor, subcontractor or vendor.

The Grantee will take such action with respect to any contract, subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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noncompliance: Provided, however, that in the event the Grantee becomes involved in, or is threatened with, litigation with a contractor, subcontractor or vendor as a result of such direction, the Grantee may request the United States to enter into such litigation to protect the interests of the United States.

A. The applicant (Grantee) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant (Grantee) so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Grant.

B. The applicant (Grantee) agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency (Department) in the discharge of the agency's primary responsibility for securing compliance.

C. The applicant (Grantee) further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction Grants or contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Grantees and contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant (Grantee) agrees that if it fails or refuses to comply with these undertakings, the administering agency (Department) may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this Grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the EXHIBIT A GRANT AGREEMENT #Cxxxxxxx
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applicant (Grantee) under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant (Grantee); and refer the case to the Department of Justice for appropriate legal proceedings.

Subcontracts. Each of Grantee’s nonexempt prime contractors or subcontractors shall include the equal opportunity clause in each of its nonexempt subcontracts.

A. Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate.

B. Other incorporation, The equal opportunity clause shall be considered to be a part of every one of Grantee’s contracts and subcontracts and all such contracts and subcontracts shall be deemed to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.

Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings.

ARTICLE 41 - SUPERSEDING GENERAL TERMS AND CONDITIONS
A. The reference to the Contractor in Exhibit C is the Grantee in this Agreement.

B. Notwithstanding Paragraph 13 in Exhibit C, payment to Grantee for expenses shall be limited as specified in Article 7 of this Agreement.

C. Paragraph 5 in Exhibit C is replaced by Article 18 of this Exhibit.

City of Lake Elsinore
DBW Floating Restrooms Grant FY 2024-25
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California Division of Boating and Waterways Floating Restrooms Grant Lake Elsinore Launch Pointe Recreation Area Floating Restrooms Project FY 2024-25 City of Lake Elsinore
Website: https://olga.ohv.parks.ca.gov/egrams_ohmvr/usee.aspx Username: Adam Gufarotti
Password: Lake2024!
A. GENERAL INFORMATION

1. Applicant Information
a. Applicant Name: City of Lake Elsinore
b.
c. Organizational Unit: Department of Public Works
d. Address: 130 S. Main Street
e. Address 2: Not Applicable.
f. City, State, Zip Code: Lake Elsinore, CA 92530
g. Federal ID Number: 95-6000070 Unique Entity Id: MXKFT7NUYL61 h. Agency Type: City
*Please attach a Resolution from the Governing Body authorizing applicant to apply for funding.

Please See Attachment A – Notarized Letter in Lieu of a Resolution.

2. Project Information
a. Project Title: Lake Elsinore Floating Restrooms Project FY2024-25 b. Is implementing agency same as Applicant: Yes
c. If not, Implementing Agency Name: Not Applicable.
d. Project Start Date: 07/01/2025 Project End Date: 06/30/2026 e. Amount of Funds Requested: $0.00 Project Cost: $0.00

3. Contacts
You are required to provide two contacts for your agency. Additional contacts can be added with the right arrow on this page.
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City of Lake Elsinore
DBW Floating Restrooms Grant FY 2024-25
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Contact 1
Contact Type: Authorized Representative
a. Name: Jason Simpson
b. Address: 130 S. Main Street
c. Address II: Not applicable.
d. City, State, Zip Code: Lake Elsinore, CA 92530
e. Telephone: 951-674-3124 Extension: 204 Fax: NA
f. E-mail Address: [email protected]
g. Designation/Title: City Manager
Contact 2
Contact Type: Program Director
h. Name: Shannon Buckley
i. Address: 130 S. Main Street
j. Address II: Not Applicable.
k. City, State, Zip Code: Lake Elsinore, CA 92530
l. Telephone: 951-674-3124 Extension: 309 Fax: NA
m. E-mail Address: [email protected]
n. Designation/Title: Assistant City Manager
B. GENERAL PROJECT INFORMATION

1. Facility Information
a. Facility Name: Lake Elsinore (Launch Pointe Recreation Destination and RV Park) b. Facility Address: 32040 Riverside Drive
City, State, Zip Code: Lake Elsinore, CA 92530
c. Facility Owner: City of Lake Elsinore
d. Owner Address: 130 South Main Street
City, State, Zip Code: Lake Elsinore, CA 92530
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City of Lake Elsinore
DBW Floating Restrooms Grant FY 2024-25
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e. Water body facility is located on (name of harbor, river, etc.): Lake Elsinore f. County: Riverside County
g. Facility’s NOAA Chart Coordinates:

Latitude: 33.6571
Longitude: -117.349
h. Type of Project:
 New Floating Restroom
 Replace Floating Restroom
i. Describe this facility:

Lake Elsinore (Lake), located on the southwest side of the City of Lake Elsinore (population 72,472) in Riverside County, is the largest natural freshwater lake in Southern California with 3,000 surface acres and over 14 miles of shoreline. The Lake accommodates a variety of recreational activities, including fishing, boating, jet skiing, water skiing, wake boarding, kayaking, paddle boarding, windsurfing, bird watching, and swimming. Public amenities include beaches with picnic and shade features, easy-access parking, and a four-mile levee for hiking and nature watching. Although the Lake has numerous private boat launches, the City owns and operates a public boat launch at the Launch Pointe Recreation Destination and RV Park (Launch Pointe). Launch Pointe draws visitors both locally and regionally to its numerous amenities and attractions, which include dining, shopping, a campground, a splash pad, a swimming pool, a spa, a yurt village for overnight stays, and a special events venue. A population of over 1.5 million are within a 30-minute drive of the Lake, and the City sells approximately 10,000 Lake use passes per year (on average) for motorized vessels.
j. Total Lake/Reservoir Surface Areas: 3,000 surface acres. k. Please describe the most common vessel type utilizing this waterbody: Motorboats 26’-39’11”. l. Estimate number of boats using this waterbody per month by size, high season:
8' to 19' 2,025
20' to 25'-11" 2,475
26' to 39'-11" 2,625
40' to 64'-11" 100
over 65' 0
m. Estimate number of boats using this waterbody per month by size, low season:
8' to 19' 750
20' to 25'-11" 825
26' to 39'-11" 875
40' to 64'-11" 20
over 65' 0
n. Floating Restroom service now at this site: Yes
o. If yes, how many? : 2
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DBW Floating Restrooms Grant FY 2024-25
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p. If you answered yes to Questions 13, give coordinates for each floating restroom:

Latitude Longitude Description Unit Number

33.66449 -117.36468 West quadrant of the Lake, southeast of Launch Pointe. 1

33.65019 -117.34476 South quadrant of the Lake, due north of Perret Park on the south shore. 2
q. For each restroom you are requesting, complete each line in the table below:
# of Floating
Restrooms Requested
Is this request to
replace a retiring
Floating Restroom?
If Yes, what is the Unit
#?
If Yes, what is the
condition of the Unit:
1 Yes 1
Out of Service due to
damage/wear and
tear/mechanical issues.
1 Yes 2 Operating but has
significant damage.
1 No 3 NA
r. If you have a floating restroom(s), estimate the number of users per month for each restroom:
60 per unit per month
s. Is this facility in a "No Discharge Zone"? No
t. If Yes, Name of Zone: Not applicable.
u. Is this facility in the following areas (Check all that apply):

Shellfish Harvest Area
Waters of National Significance
Waters that do not meet State Designated Usage
Sheltered Waters
Waters of Significant Recreational Value
State and Federal Designated Nursery Areas of Indigenous Aquatic Life None of These
v. Are landside restrooms available on-site: Yes
C. PROJECT PROFILE

1. Describe the Project:

The City of Lake Elsinore (City) Department of Public Works is requesting three (3) floating restrooms from the California State Parks – Division of Boating and Waterways Floating Restrooms Grant Program for the Lake Elsinore recreational area (Lake). The Lake has two existing restrooms which were installed following the award of the 2013 Floating Restroom Grant. Due to their age and condition from cumulative wear and tear, neither restroom is functioning as needed – one is 100% Draft 4
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DBW Floating Restrooms Grant FY 2024-25
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completely defunct, and the other is minimally functional. For the past few years, the City has been taking parts from one of the restrooms to extend the life of the second and keep it functional. Both restrooms are heavily vandalized and are past their useful life (11 years old).

Lake Elsinore is one of Southern California’s fastest growing cities. Between 2000 and 2023, the overall population grew by 144% (Nielsburg Insights). The average growth rate for the last ten years has been approximately 2.45% per year. In response to population growth and increased demand for recreational opportunities, the City has invested heavily in developing numerous amenities at the Lake over the past decade. Population growth and the draw of these amenities have placed a strain on the existing floating restrooms. As such, the City aims to replace both existing restrooms and add a third to accommodate growing demand and use of the Lake by residents as well as local and regional visitors. A grant award from the DBW will allow the City to have three fully functioning floating restrooms at this heavily trafficked and popular Lake.

2. Intended Placement and Location of Floating Restroom Equipment (provide area map and GPS coordinates):

Unit 1: Latitude 33.66449, Longitude -117.36468
Unit 2: Latitude 33.65019, Longitude -117.34476
Unit 3: Latitude 33.67099, Longitude -117.35448
Please see Attachment A for a Project Site Map.

3. How many hours per day will the floating restroom facilities be made available to the public? 10-16 (dawn to dusk across the seasons)

4. How are the floating restroom(s) emptied?
Floating restroom(s) are towed to landside and discharged. a. Floating restroom(s) are towed to landside and discharged to:
• A public wastewater collection system – collected by Rightway, a local vendor for sewage pumping.

If you selected 'Directly to an on-site septic system', please attach documentation of approval from local health official certifying that sufficient sewage disposal capacity is available for the floating restroom facility(ies).

5. Do you plan to charge for floating restroom use? No

6. Partnerships: Partnerships with others such as a local government, private sector, or other community based organizations are encouraged. List all organizations who will be participating with you on the project, their contact person, address, phone number, and their role in the project.
(Partnerships are groups/individuals who are providing financial assistance to the project either in cash, labor, or materials necessary to deploy, operate or maintain the floating restroom.) 100% Draft 5
City of Lake Elsinore
DBW Floating Restrooms Grant FY 2024-25
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Organization
Name
Contact Name Address Telephone Role
City of Lake
Elsinore -
Community
Services
Department
Beau Davis –
Assistant
Director
130 S. Main
Street, Lake
Elsinore, CA
92530
951-674-3124,
ext. 405
Community
Services will
support Public
Works by
responding to
complaints,
concerns, and
communicating
maintenance
needs to Public
Works.

7. Permits: The applicant is responsible for obtaining all necessary State and local permits associated with their proposed project, if applicable.

All necessary permits must be issued prior to deployment and a copy of each permit must be on file with the DBW before any request for reimbursement is approved. List only permits required for your project, if applicable:

Name of Permit Status Date Copy of Permit
Not Applicable.

APPENDIX A
Risk Assessment Questionnaire

1. History - List previous federally funded projects at your facility.

The Lake Elsinore State Recreation Area was transferred by the State to the City of Lake Elsinore in 1993, requiring the City to maintain the lake for public park and recreation purposes in perpetuity. To support ongoing operations, the City of Lake Elsinore has applied for and received nine (9) grants over the past three decades from the California State Parks - Department of Boating and Waterways via allocated Federal funding for various critical projects. These include the following:
• 1995 – Boat (Small Craft) Launching Facilities Grant Program. $800,000 to construct a new public boat launching facility for a term of 20 years. • 2001 – Floating Restrooms Grant Program. $10,000 to install two (2) new floating restrooms, for a term of 10 years.
• 2002 – Boating Safety and Enforcement Equipment Grant Program. $45,000 to purchase a new patrol boat, trailer, and related equipment for a term of 15 years. • 2005 – Boat Launching Facilities Grant Program. $3 million to fund improvements to an existing boat launching facility constructed in 1995 to include additional amenities and expand access. This project was completed in several phases. 100% Draft 6
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DBW Floating Restrooms Grant FY 2024-25
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• 2011 – Floating Restrooms Operations and Maintenance Grant Program. $8,000 to pay for the operations and maintenance of the two restrooms received from the 2001 grant with a term of 2 years.
• 2013 – Boat Launching Facilities Grant Program. $149,999 for two new 100-foot long boarding floats with a term of 10 years (replaced two original floating restrooms received).
• 2013 - Floating Restrooms Grant Program. $10,000 to install two (2) new floating restrooms, for a term of 10 years.
• 2014 – Aquatic Center Grant Program. $34,800 to provide boating safety courses, onthe-water training of small watercraft, loaner life jackets, access to paddle craft, and promote environmental stewardship.
• 2016 - Boating Safety and Enforcement Equipment Grant Program. $74,470 to purchase a new patrol boat and trailer for boating safety and enforcement action for a term of 15 years.

2. Staff - Describe the level and qualifications of key staff that will be managing the federally funded project.

Two key City of Lake Elsinore Staff will be managing the Lake Elsinore Floating Restrooms Project:
• Grant Manager: Department of Public Works Management Analyst Karla Khalil will oversee all aspects of the grant, including managing the financial reports, performance reports, final performance report, payments, and invoicing associated with the grant project. Ms. Khalil has worked for the City for a total of 8 years, four of which have been serving in this capacity. Her main duties include researching and preparing grant applications for federal, state, and local funding sources in accordance with applicable standards, regulations, and guidelines, and administering and monitoring grants and preparing quarterly, annual, and/or other periodic reports, as required by granting agencies. Ms. Khalil works collaboratively with the City’s Finance Department to maintain accurate funding documentation for auditing purposes. • Project Manager: Chris Erickson, Public Works Supervisor, will function as the Project Manager and will be responsible for overall Project operations and management, including coordinating delivery and installation of the new restrooms, and removal of the defunct restrooms. The Project Manager serves as the primary contact with the California State Parks - Division of Boating and Waterways and will be responsible for the project’s schedule. Chris has worked with the City of Lake Elsinore for over 21 years and has been in the position of supervisor for 6 ½ years. During his time with the City, he has worked with numerous contractors overseeing projects in City parks. In his current position, he oversees the day-to-day operations of the lake, beaches, multiple city landscape sites, and 22 city parks, and began overseeing lake maintenance operations in January 2017.

3. Performance - Describe results of past federally funded projects. Include outcome of deliverables, if schedules were met, and if scope items were completed as planned.

The Public Works Operations Department of the City of Lake Elsinore is responsible for maintaining the City’s buildings, facilities, and parks, and maintaining public infrastructure in a manner that respects the environment. Public Works has extensive experience managing 100% Draft 7
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DBW Floating Restrooms Grant FY 2024-25
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federal funds, with a proven track record of successfully completing previously funded DBW grants on time, within the scope and budget, and in compliance with all operation and maintenance requirements. The deliverables for each DBW grant-funded project have been realized, supporting the success of Lake Elsinore as a local and regional recreation destination.

Successfully completed projects funded by DBW Grant Programs are listed under question #1 above.

4. Reporting - Describe your agency’s experience in providing project status reports to DBW in a timely manner.

The City has nearly 30 years of experience providing required project status reports to DBW for a variety of grant programs, including the Floating Restrooms program. The City has consistently delivered reports to DBW in a timely manner, fully meeting all specified reporting requirements.

Each report is ensured to accurately reflect project progress, challenges encountered, and key milestones by using strict adherence to the DBW guidelines and timelines. Karla Khalil, Grant Manager for the project, has experience delivering complete and on-time required project status reports to both DBW and other granting agencies. Consistent and reliable reporting supports transparency, enabling the DBW to stay well informed on project progress.

5. Audit History - Describe any adverse/disclaimer audit findings of your agency. Has your agency been found to have internal control issues or been found to be non-compliant with federally funded programs regulations. Include any requirement to submit an audit report as required by 2 CFR 200 subpart F to the Single Audit Clearing House.

This statement affirms the City’s compliance with the uniform audit requirements stipulated by the federal government for grant recipients. The City adheres to the standards and guidelines outlined in 2 CFR 200, Subpart F – Audit Requirements. It is committed to undergoing a single or program-specific audit conducted by an independent auditor, as required, based on the nature and amount of federal funds expended during the audit period.

The City submitted Single Audit Reports for both the 2021/2022 and 2022/2023 Fiscal Years.

These reports are available on the Federal Audit Clearinghouse website under Unique Entity Identifier (UEI) Number MXKFT7NUYL61. Both audits had no findings of internal control issues and were found to be compliant with federally funded program regulations. The City has never had any adverse or disclaimer audit findings. The City is currently preparing a Single Audit Report for the 2023/2024 Fiscal Year, and it is expected to be complete in mid-January 2025.

APPENDIX B
Debarment and Suspension Certification
Title 49, Code of Federal Regulations, Part 29
The Code of Federal Regulations requires that any recipient of federal funding (grantee, vendor, etc.), must be free from department or suspension by any federal agency. Therefore, both the grantee and its vendors/supplies must certify as such. This certification must be provided by the grantee when submitting the application for funding. Certification by vendors/suppliers is required prior to execution of grant agreement.
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DBW Floating Restrooms Grant FY 2024-25
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Provide a signed statement on grantee letterhead certifying the following:
(Applicants Name and Title), under penalty of perjury, I certify that, except as noted below, (owner) or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntary excluded or determined ineligible by any federal agency within the past three (3) years;
• Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Signature:

Date:

Please upload a signed statement on the grantee letterhead as specified above. If there are any exceptions to this certification, attach to certification letter. For any exception noted in the attachment, indicate to whom it applies, initiating agency, and dates of action. Exceptions will not necessarily result in the denial of award but will be considered in determining bidder responsibility. The signed letter will become part of the Application.

Please See Attachment C, Debarment and Suspension Certification.

CERTIFICATIONS
I certify that I am the authorized representative for this organization, the above is true and correct, and I hereby submit this application for consideration for federal funding:

Signature: Jason Simpson, City Manager
Date: 11/18/24
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City of Lake Elsinore
DBW Floating Restrooms Grant FY 2024-25
Attachment A
Notarized Letter in Lieu of a Resolution
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City of Lake Elsinore
DBW Floating Restrooms Grant FY 2024-25

ATTACHMENT B
Project Site Map
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1 2
3 Attachment B: Project Site Map – Locations of Floating Restrooms Lake Elsinore Floating Restrooms Project
LEGEND
Existing Restrooms to be replaced
New Restroom to be installed
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City of Lake Elsinore
DBW Floating Restrooms Grant FY 2024-25

ATTACHMENT C
Debarment and Suspension Certification
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22) Minutes of the Regular Successor Agency Meeting of November 12, 2024 Approve the Minutes.