ATT 1 - Amendment #1 to the Agreement with Glenn Lukos Associates, Inc

01375.0001/937862.4 -1-

AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT

Amendment No.: 1
Original Agreement Title (“Agreement”): Agreement with Glenn Lukos Associates, Inc.

Agreement Effective Date: 03/20/24
Agreement Termination Date: June 30, 2026
Consultant Name: Glenn Lukos Associates, Inc.

Brief Description of Scope of Services (“Services”): Criteria Refinement and Incidenrtal Take Permit applications, and additional biological and cultural analysis.

This Amendment to the Agreement, made effective on the date executed by the City by and between the City of Murrieta, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("City"), and the above re ferenced Consultant with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS

Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.

Whereas, City and Consultant entered into an Agreement on the Effective Date set forth above for the Services.

Whereas, City and Consultant wish to amend the Agreement as further set forth herein.

Whereas, the Agreement was previously modified by the following prior amendments: None.

AMENDMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

1. The above recitals are true and correct.

2. The following terms of the Agreement are hereby amended to read as follows:

Section 3.1 of the Agreement is hereby amended to read as follows:
“The term of this Agreement shall be from March 4, 2024, until June 30, 2026.”

Section 4.1 of the Agreement is hereby amended to read as follows:
“Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT the rates set forth in Exhibit A-1 with a total contract not-to-exceed sum of One Hundred and Seventy Three 01375.0001/937862.4 -2-

Thousand Dollars ($173,110.00).”

Pursuant to Section 4.2 of the Agreement, the scope of services is hereby amended to include cultural resources (CEQA archeological resources assessment and consultation under AB-52) and additional biological support (additional species surveys, preparation of technical studies, additional environmental permitting (Incidental Take Permit and Criteria Refinement).

3. All other conditions of the Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.

Signature Page to Follow.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Lori Stone, Mayor
ATTEST: Date:

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney
Date:

CONSULTANT:

Two corporate officer signatures required when
Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.

01375.0001/937862.4 -3-

By:

Name: Thienan Pfeiffer
Title: Director of Regulatory Services, Glenn
Lukos Association, Inc.

Date:

By:

Name:Dominique Brunel
Title:Secretary, Glenn Lukos Association, Inc.

Date:

ATT. 1 Exhibit (a)

SCOPE OF WORK
with GLA

01375.0001/937862.4 -1-

AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT

Amendment No.: 1
Original Agreement Title (“Agreement”): Agreement with Glenn Lukos Associates, Inc.

Agreement Effective Date: 03/20/24
Agreement Termination Date: June 30, 2026
Consultant Name: Glenn Lukos Associates, Inc.

Brief Description of Scope of Services (“Services”): Criteria Refinement and Incidenrtal Take Permit applications, and additional biological and cultural analysis.

This Amendment to the Agreement, made effective on the date exe cuted by the City by and between the City of Murrieta, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("City"), and the above referenced Consultant with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS

Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.

Whereas, City and Consultant entered into an Agreement on the Effective Date set forth above for the Services.

Whereas, City and Consultant wish to amend the Agreement as further set forth herein.

Whereas, the Agreement was previously modified by the following prior amendments: None.

AMENDMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

1. The above recitals are true and correct.

2. The following terms of the Agr eement are hereby amended to read as follows:

CONSULTANT has special knowledge , experience, and facilities for accomplishing the above services.

Per Section 3.1, extend the Agreement from December 31, 2025 to June 30, 2026.

Per Section 4.1, an increase in the contract amount from $47,518.24 to $173,110.00.

Per Section 4.2, amended services to include cultural resources (CEQA archeological resources assessment and consultation under AB-52) and additional biological support (additional species surveys, preparation of technical studies, additional environmental permitting (Incidental Take Permit and Criteria Refinement).

01375.0001/937862.4 -2-

3. All other conditions of the Agreement shall continue in ful l force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.

Signature Page to Follow.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Lori Stone, Mayor
A T T E S T : D a t e :

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney
Date:

CONSULTANT:

By:

Name: Thienan Pfeiffer
Title: Director of Regulatory Services, Glenn
Lukos Association, Inc.

01375.0001/937862.4 -3-

Date:

By:

Name:Dominique Brunel
Title:Secretary, Glenn Lukos Association, Inc.

Date:

SCOPE OF WORK

CULTURAL RESOURCES AND ADDITIONAL BIOLOGICAL SUPPORT

LOS ALAMOS SPORTS COMPLEX

MURRIETA, RIVERSIDE COUNTY, CALIFORNIA

TASK I. PREPARE CEQA ARCHAEOLOGICAL RESOURCES ASSES SMENT

CEQA Phase I Archaeological Resources Assessment (Phase I) work will consist of background research, a pedestrian field survey of the Project site, and preparation of a report documenting the findings. GLA will request an appointment to conduct an in-person records search at the Eastern Information Center (EIC) of the California Historical Resources Information System located at University of California, Riverside. The EIC, an affiliate of the California Office of Historic Preservation (OHP), is the official repository of cultural resources reports and records for Riverside County. The records search will identify recorded cultural resources and studies in, and within 0.5 mile of, the entire Project site. Local county listings, historic aerial photographs, and historic topographic maps, if available, will also be reviewed.

Following completion of the EIC record search, a pedestrian field survey of the approximately 47- acre Project site will be conducted to identify surficial cultural resources in the Project site. It is assumed that the field survey can be completed by one archaeologist within two days. After the field survey is completed, a report will be prepared to document the Phase I methods, results, and recommendations for next steps (if any). A copy of the final report will be submitted to the EIC in fulfillment of a requirement to access their archives.

This scope assumes that no archaeological resources will be identified in the Project site as a result of the records search or field survey. If archaeological resources are identified, GLA will notify you immediately to discuss and develop a scope and budget for additional tasks. For example, if resources are identified, cultural resources would need to be recorded on State of California Department of Parks and Recreation (DPR) Series 523 forms in accordance with the guidelines established by OHP.

GLA understands that the City has initiated coordination with Pechanga Band of Indians and assumes that representatives from Pechanga Band of Indians will request to review the draft Phase I report and will provide comments on the document. The budget for the CEQA archaeological assessment includes a total of eight hours for GLA to coordinate with Pechanga Band of Indians representatives and respond to tribal representative comments on the Phase I report. The scope does not include assistance with Native American consultation or coordination with other tribal groups.

TASK II. PREPARE CEQA HISTORIC RESOURCE EVALUATION

The single-family residence on the Project site was constructed in 1976 and is currently less than 50 years of age, which is the threshold or historical significance. However, an evaluation of the residence is proposed to ensure that all cultural resources aspects of the Project site are addressed in the event that certification of the CEQA document occurs in 2026, at which time the residence

would be 50 years of age. To evaluate the residence, an architectural historian will conduct archival research on the history and development of the property. Research locations will include, but not be limited to, the City of Murrieta, the Riverside County Assessor’s Office, and the local public libraries. Research will utilize primary and secondary sources of information such as building permits, historic maps and photographs, newspaper articles, city directories, and written histories.

The architectural historian will also conduct an intensive ‐level field survey of this property. During
the survey, photographs will be taken of the exterior of the building and notations will be made regarding the building’s architectural style, integrity, and condition. Safe access to the property will be required to complete the survey. Access to the interior of the residence is not required.

DPR forms will be prepared, which will include an architectural description, photograph, historic context, list of references, and a significance evaluation using the California Register of Historical Resources and City criteria. Upon completion of the evaluation, the property will be assigned a California Historical Resources Status Code indicating its level of significance. Along with the DPR forms, a brief memorandum will be prepared to summarize research, field methods, and findings.

TASK III. CONDUCT FOCUSED BURROWING OWL SURVEYS

The Project site is located within the MSHCP Survey Area for the burrowing owl ( Athene cunicularia ). Pursuant to Section 6.3.2 of the MSHCP, habitat assessments are required for the burrowing owl, with focused surveys being required within areas of suitable habitat. The MSHCP Burrowing Owl Survey Instructions is divided into two main steps. Step I includes a general habitat assessment for the burrowing owl. Since it is known that suitable habitat exists on site, then step II will be conducted. Step II, Part A requires a focused burrow survey to locate and map suitable burrows with the potential to be occupied by burrowing owls. This includes observing burrow for diagnostic owl sign, including whitewash, regurgitated pellets, bones, feathers, etc. If suitable burrows are identified, then focused surveys are required; which are to be conducted during the breeding season (March 1 through August 31). A total of four focused survey visits are required per survey polygon, which may include the focused burrow survey if conducted during the breeding season. The results of the focused burrowing owl surveys will be included in the Biological Technical Report.

COST

GLA's direct expenses shall be those costs incurred directly for the CLIENT's project, including, but not limited to, necessary transportation costs including mileage by automobile at the current rate allowed by IRS, meals and lodging, laboratory tests and analyses, retention and management of technical consultants, printing, and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by GLA. An administrative charge of 15% shall be applied to all direct expense charges. The table below has been developed to aid us in estimating the total cost of the proposed work and is provided for your information only. Unless otherwise arranged with the client, the cost of each task is not meant to be precise and we may find it necessary to shift costs between tasks as the work proceeds.

TASK
TOTAL
COSTS Schedule Start Schedule End
Task I. CEQA Archaeological Assessment $16,630 8/1/2024 11/1/2024 Task II. CEQA Historic Resource Evaluation $7,360 8/1/2024 9/15/2024 Task III. Burrowing Owl Surveys $7,280 7/22/2024 8/31/2024 TOTAL $31,270

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SCOPE OF WORK

MSHCP AND REGULATORY SUPPORT

LOS ALAMOS SPORTS COMPLEX

MURRIETA, RIVERSIDE COUNTY, CALIFORNIA

TASK I. CONDUCT CBB FOCUSED SURVEYS

GLA biologists will conduct focused surveys for Crotch’s bumble bee (Bombus crotchii - CBB) in all areas of suitable habitat within the Project site. GLA Biologists will conduct visual surveys spaced evenly, as appropriate, over three sampling periods during the flight season. The survey methodology will be repeated for the suitable habitat on site.

Surveys will occur in June and July 2024 (as determined by monitoring flowering periods of known host plants) and the survey effort will concentrate in those taxonomic alliances that are determined to provide the best pollen and nectar resources to CBB. The timing of when each survey is conducted can be modified based on the phenology of pollinator host plants available during the field season. Surveys will take place when temperatures are above 60° F and will not be conducted during wet conditions. The surveyor will wait at least one hour after rain subsides before conducting a survey. Sunny days with low wind speeds (less than 8 mph) are optimal. Surveys will not begin for at least two hours after sunrise and will be completed no more than three hours before sunset.

During each survey, two sampling phases will be implemented. During the first phase, the surveyor will conduct one hour of visual survey effort within a three-acre flowering area identified as supporting the highest quality habitat as determined by the surveyor. If CBB are not detected during the first hour of searching, a second hour of survey effort will be conducted. During the second hour, the surveyor can either choose to resurvey the same flowering area (if Bombus species are detected prior) or the surveyor can choose to conduct a second hour of searching within another high quality three-acre flowering area on site. If CBB are not detected during the second hour of the survey effort, the second survey phase would be implemented, in which the surveyor will opportunistically survey additional flowering areas throughout the entire site, as deemed appropriate. The surveyor will scan suitable flowering areas for bumble bee activity and move towards those areas. If CBB is detected on site, photographic evidence will be taken to confirm field identification and GPS locations of all CBB observations will be recorded. GLA will prepare a report to document the results of the focused surveys.

TASK II. CRITERIA REFINEMENT ANALYSIS

The Project site is located within the MSHCP Criteria Area, specifically Subunit 5 (French Valley/Lower Sedco Hills) of the Southwest Area Plan. The majority of the Project site is within Cell 5775 of Cell Group G’, with a portion of the site in independent Cell 5669. Conservation within the Criteria Cells is intended to contribute to the assembly of Proposed Core 2. Development of the Project site would prevent the goals of Cell Group G’ and Cell 5669 from being met. An alternative is proposed to provide other lands in replacement for the loss of lands associated with the Project site. GLA will prepare an analysis to support a Criteria Refinement. The analysis will

evaluate the resource value of proposed replacement lands compared with the lands to be impacted by the Project. The analysis will include the following information about the proposed action:

•
Definition of the planning area for Proposed Core 2;
• Narrative and graphic description of the lands proposed for replacement compared with the currently described lands;
• Narrative and graphic description of biological information available for the existing and proposed conserved lands;
• Quantification and characterization of effects/benefits of the proposed action (incorporating Criteria refinements) on Habitats, species and overall MSHCP Conservation Area design and function including relationship to Proposed Core 2. • Any other information deemed necessary by the Permittee to make the appropriate findings.

The Criteria Refinement Analysis will include an equivalency analysis to address the following:

•
Effects on Habitats
• Effects on Covered Species
• Effects on Core Areas (as identified on the MSHCP Core and Linkage map, Figure 3-2) • Effects on Linkages and Constrained Linkages (as identified on the MSHCP Core and Linkage map, Figure 3-2)
• Effects on Non-Contiguous Habitat Blocks (as identified on the MSHCP Core and Linkage map, Figure 3-2)
• Effects on MSHCP Conservation Area configuration and management (such as increases or decreases in edge)
• Effects on ecotones (defined as areas of adjoining Vegetation Communities, generally characterized by greater biological diversity) and other conditions affecting species diversity (such as invasion by exotics)
• Equivalent or greater acreage contributed to the MSHCP Conservation Area

The equivalency analysis shall draw conclusions regarding the degree to which the proposed action (incorporating Criteria refinements) is considered to be biologically equivalent or superior to a project on the same site not deviating from the MSHCP Criteria. After review by the City of Murrieta, the Criteria Refinement Analysis will be provided to the Regional Conservation Authority (RCA) to initiate the Criteria Refinement Process. This task allows for two revisions of the analysis, including to address comments from the City and the RCA. In addition, this task allows for two meetings with the Project team, RCA, and Wildlife Agencies to discuss the Criteria Refinement. The estimated timeframe to prepare the Criteria Refinement Analysis and obtain RCA Findings and concurrence from the Wildlife Agencies is 12 months (6/1/2024 to 5/31/2025). Preparation of the Analysis is estimated to take 90 days, which includes review time by the City of Murrieta. Upon initiation of Criteria Refinement Review, the RCA will have 60 days to initially review GLA’s Analysis and provide any comments. If no comments, then the RCA will provide Criteria Refinement Findings. If the RCA provides comments requiring revisions to GLA’s Analysis, then another 90 days is estimated to complete revisions and for a second round of RCA review to issue Findings.

TASK III. MSHCP CONSISTENCY ANALYSIS

Since the Project site is located within the MSHCP Criteria Area, the Project will require Joint Project Review (JPR). GLA will prepare a Joint Project Review (JPR) application and submit this package to the City and RCA in accordance with MSHCP requirements. The JPR application will include the following:

• Background information, such as information regarding the applicant; • Assessor’s parcel numbers;
• Total acres of development and conservation; and
• A description of the proposed Project.

In support of the JPR application, GLA will prepare a MSHCP Consistency Analysis. The report will summarize the biological findings, present the Project design, and analyze how the Project correlates to the MSHCP guidelines. The report will also discuss Riparian/Riverine and Vernal Pool Areas, Narrow Endemic Plant Species, Additional Survey Areas, Urban/Wildlife Interface, Criteria Cell Requirements, and Criteria Area Species. The report will follow the RCA template for the MSHCP Consistency Analysis.

GLA will prepare the MSHCP Consistency Analysis concurrent with the processing of the Criteria Refinement. GLA will start preparing the report in September 2024 and will intend for the report to be ready to initiate Joint Project Review (JPR) when the Wildlife Agencies provide concurrence on the Criteria Refinement, which is estimated as May 31, 2025.

TASK IV. PREPARE DETERMINATION OF BIOLOGICAL EQUIVA LENT OR

SUPERIOR PRESERVATION (DBESP) ANALYSIS

GLA will prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) Analysis that meets the requirements for approval of a DBESP. The report will provide a definition of the project area for all portions of the project; a written project description, demonstrating why an avoidance alternative is not feasible; a written description of biological information available for the project site including the results of resource mapping; soils description/analysis/map, floral and faunal list; analysis of 100% avoidance and alternatives (including minimization of direct and indirect effects); quantification of unavoidable impacts to the MSHCP species/habitats triggering the DBESP, including direct and indirect effects; a functions and values assessment that will focus on affects to downstream values related to Conserved Species; habitat assessments for least Bell’s vireo, southwestern willow flycatcher, western yellow-billed cuckoo, Riverside fairy shrimp, and vernal pool fairy shrimp; a written description of project design features and mitigation measures that reduce indirect effects, such as edge treatments, landscaping, elevation difference, minimization and/or compensation through restoration or enhancement; written discussion of edge treatments and their relation to the functions and values to be conserved (including lighting, noise, trash/debris, urban and storm water runoff, toxic material, exotic plant and animal infestations, dust); mitigation measures need to demonstrate ensure long-term conservation and need to consider restoration and/or

enhancement of on-site habitat restoration and/or enhancement of off-site habitat; and a finding demonstrating that although the proposed project would not avoid impacts, with proposed design and compensation measures, the project would be biologically equivalent or superior to that which would occur under an avoidance alternative without these measures.

The client will need to provide the necessary project details including engineering details and design, construction timing, and alternatives for the DBESP. This task and cost estimate include budget sufficient for one thorough revision to the draft (initial) report and one revision to the report following initial wildlife agency review and comment.

As with the MSHCP Consistency Analysis, GLA will prepare the DBESP Analysis concurrent with the processing of the Criteria Refinement. GLA will start preparing the report in September 2024 and will intend for the report to be ready to initiate Joint Project Review (JPR) when the Wildlife Agencies provide concurrence on the Criteria Refinement, which is estimated as May 31, 2025.

TASK V. COORDINATE JOINT PROJECT REVIEW

GLA will coordinate with the Project team and the RCA as part of the JPR process. The RCA has 14 days to review an initial JPR application package and either issue JPR Findings or provide comments requiring revisions. Each subsequent review after resubmittal of the documents to the RCA is another 14 days. GLA recommends that the Project team attend at least one pre-application meeting with the RCA and Wildlife Agencies to discuss the Project, although additional meetings could be necessary. This task assumes five meetings with the Project team, two coordination meetings with the RCA and Wildlife Agencies, and miscellaneous coordination. Should additional meetings be required, a change order will be prepared to incorporate these additional meetings into GLA’s scope of work.

TASK VI. COORDINATE DBESP REVIEW

GLA will coordinate with the Project team and the RCA as part of the DBESP review process. The Wildlife Agencies have 60 days to perform an initial review of a DBESP Analysis once the RCA has completed JPR. If the Wildlife Agencies provide comments requiring revisions to the DBESP Analysis, then each subsequent review could take up to another 60 days, although subsequent reviews could be expedited depending on the extent of revisions. GLA recommends that the Project team attend at least one DBESP pre-application meeting (which is different from the general pre- application meetings recommended prior to JPR) with the RCA and Wildlife Agencies to discuss the Project, although additional meetings could be necessary. This task assumes three meetings with the Project team, two coordination meetings with the RCA and Wildlife Agencies, and miscellaneous coordination. Should additional meetings be required, a change order will be prepared to incorporate these additional meetings into GLA’s scope of work.

TASK VII. DELINEATE ON SITE FEDERAL AND STATE AGENC Y JURISDICTION

A field team of regulatory specialists will re-delineate Corps jurisdictional boundaries within the project site. The field team will investigate specific conditions relating to jurisdictional criteria such as evidence of ordinary high water marks (OHWM), wetland vegetation indicator species, hydric soils, and appropriate hydrology, all as outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (1987 Manual) and the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). Reference will also made to the 2019 State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (State Board Wetland Definition and Procedures) to identify suspected State wetland habitats. The OHWM will be evaluated using the methodology set forth in the 2008 Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. These data will be recorded on the aerial photograph for use in preparing jurisdictional maps and a letter report.

A field team of regulatory specialists will re-delineate CDFW jurisdictional boundaries within the project site. All intermittent and ephemeral streams, rivers, creeks, dry washes, sloughs, blue-line streams, and watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other means of water conveyance, and lakes will be examined for indicators of CDFW jurisdiction.

These indicators include biologic components of aquatic systems (such as riparian vegetation) and physical features (such as a bed or channel, banks, levees, instream features such as logs or snags, and flood plains). Measurements of this jurisdiction will be taken at periodic intervals along the drainage and mapped onto a 200-scale topographic map. Isolated wetlands (such as vernal pools) are generally not considered to be within CDFW jurisdiction.

The Regional Board’s jurisdiction pursuant to Section 401 of the Clean Water Act will be identical to that of the Corps pursuant to Section 404 of the Clean Water Act. However, where the Corps declines jurisdiction, the Regional Board will claim jurisdiction over such waters pursuant to the Porter-Cologne Act. GLA will identify and delineate any such waters and keep track of those waters separately from those within Corps jurisdiction.

TASK VIII. PREPARE JURISDICTIONAL DELINEATION REPOR T

A regulatory specialist will prepare a letter report to document the findings concerning Corps, Regional Board, and CDFW jurisdiction on the site. The report will document the extent of jurisdiction and assess wetland-related biological resources. Documentation will consist of (1) field data sheets (as an appendix), (2) color photographs of representative jurisdictional areas (and non- jurisdictional areas that could be mistaken for jurisdiction), (3) a topographic map (at the scale provided by the client, but not less than 200-scale) of the limits of jurisdictional areas (the map will show all points at which measurements were made and soil pits examined), and, if applicable, (4) a table showing the area of Corps, Regional Board, and CDFW jurisdiction for each drainage and tributary.

TASK IX. FORMULATE MITIGATION PLAN

Feasible measures for mitigating any impacts upon vernal pool resources resulting from project implementation will be recommended for consideration. Agency policy generally requires that: (1) on site mitigation be given full consideration, (2) mitigation be like-in-kind (to the maximum extent possible), and (3) habitat be replaced at no less than 1 to 1 by area (even if mitigation is designed so as to result in higher value habitat). Emphasis will be placed upon providing the maximum attainable compatibility between project design objectives and regulatory requirements. Off-site mitigation will be required if on site mitigation is not feasible, however, the search for suitable off- site mitigation locations is not included in this scope of work. Based on the avoided areas of existing vernal pool resources, it is likely that on-site mitigation for vernal pool impacts will be achievable.

After approval of recommended mitigation by the client, conceptual plans will be prepared.

Conceptual plans will include plant lists, a general description of site preparation methods, biological monitoring program, maintenance program, and other information sufficient to satisfy resource agency review requirements. A final planting plan with specifications sufficient to obtain bids for installation of the mitigation should be prepared only after obtaining approval from all the agencies; preparation of a final plan, if necessary, is not included in this scope of work. Grading, if any, for the conceptual mitigation plan will be recommended by GLA, however, final grading plans must be reviewed and approved by the client's engineer at the client's expense.

TASK X. PROCESS APPROVED JURISDICTIONAL DETERMINATI ON

The drainage features on site are ephemeral (i.e., are not relatively permanent, flowing, or standing bodies of water that are tributary to other waters of the United States); therefore, they are not expected to meet the current definition of waters of the United States as defined in Corps regulations at 33 CFR Part 328.3(a). The mapped vernal pools on site are also likely not to be deemed wetlands under the same Corps regulations. Should the Corps decline to assert jurisdiction over the drainage features and vernal pools on site, then no Corps jurisdictional waters would be present, and no CWA Section 404 Permit would be required for the Project.

In order to secure an Approved Jurisdictional Determination (AJD) from the Corps, GLA will prepare the AJD forms and provide the necessary backup information. If concurrence is received, the Corps would issue the AJD and No Permit Necessary Letter.

The request for an AJD may include:

• Administrative information;
• Summary information, including Section 10 of the 1899 Rivers and Harbors Act and/or Section 404 of the Clean Water Act and/or excluded waters and/or other features; • Other summary information, such as photographs, hydrology information, National Wetlands Inventory (NWI) maps;

• Stream Duration Assessment Method (SDAM) forms; and
• Information contained in the Corps’ Antecedent Precipitation Tool.

TASK XI. PREPARE STREAMBED ALTERATION NOTIFICATION

A 1602 Streambed Alteration Notification will be completed in accordance with CDFW standards and, only after review and approval by the client, submitted to the CDFW for review. As of September 1, 2020, the notifications will be submitted online through CDFW’s online portal, EPIMS. GLA will register the project on behalf of the Client (Applicant) and upload the required notification, which will include, at a minimum:

• detailed description of the proposed project, including grading plans provided by the client; • detailed description of the regulated features to be impacted by the proposed project; • discussion of approvals and certifications being obtained from other federal, state, or local agencies;
• conceptual mitigation plan as discussed above;
• correct notification fee as broken down by CDFW project; and • a completed CDFW notification form.

Please be aware that CDFW generally will not accept a notification unless accompanied by a draft CEQA document, and will not issue any authorization until the CEQA document has been approved and a Notice of Determination or other similar documentation is filed.

TASK XII. PREPARE REQUEST FOR WASTE DISCHARGE REQUI REMENT A 401 Water Quality Certification is only required when a project, affecting waters of the United States, requires a federal action such as a Corps permit. If there is no federal action, but waters of the state are being affected, the Regional Board requires the processing of a Waste Discharge Requirement pursuant to the Porter-Cologne Act.

In April of 2019, the State Water Resources Control Board adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (“Procedures”) which became effective on May 28, 20 20. The Procedures set forth the process under which each Regional Board is required to review projects result in the permanent loss of waters of the State, which includes both federal waters, subject to Section 404 jurisdiction as well as waters which are not regulated as waters of the U.S. pursuant to Section 404 of the Clean Water Act. For areas subject to fill, the Procedures includes three “Tiers” under which projects are evaluated.

• Tier 1 projects include any discharge of dredged or fill material that directly impacts less than or equal to one tenth (0.1) of an acre or less than or equal to 100 linear feet of waters of the state…

• Tier 2 projects include any discharge of dredged or fill material that directly impacts more than one tenth (0.1) and less than or equal to two tenths (0.2) of an acre or more than 100 and less than or equal to 300 linear feet of waters of the state…

• Tier 3 projects include any discharge of dredged or fill material that directly impacts more than two-tenths (0.2) of an acre or 300 linear feet of waters of the state, rare, threatened or endangered species habitat in waters of the state, wetlands or eel grass beds, or Outstanding National Resource Waters or Areas of Special Biological Significance, and is not a project that inherently cannot be located at an alternate location. Tier 3 projects shall provide an analysis of off-site and on-site alternatives.

Based on the impacts described in the existing Biological Resources Technical Report prepared by Harris & Associates (2022), it is anticipated that the Project would be considered a Tier 1 project, and the level of effort prescribed to this task is based on this impact analysis.

Please be aware that the Regional Board will not accept an application unless accompanied by a draft CEQA document, and will not issue any authorization until the CEQA document has been approved and a Notice of Determination or other similar documentation is filed.

TASK XIII. PROJECT AND REGULATORY AGENCY COORDINATI ON

The AJD, the 1602 notification, and Waste Discharge Requirement request will be coordinated with the Corps, CDFW, and Regional Board throughout processing to ensure that any potential problems are made known to the client and resolved at the earliest possible opportunity. This task also includes coordination with the engineering and/or project team on large digital file transfers and reviews. The degree of effort anticipated and included under this task is based on a reasonable and general approximation of effort. It is not feasible to know with certainty what level of coordination an agency will require because this is dependent on the specific agency personnel processing the permit and client perspectives.

COST

TASK
TOTAL
COSTS Schedule Start Schedule End
Task I. Conduct CBB Focused Surveys $17,380 6/1/2024 8/15/2024 Task II. Criteria Refinement Analysis $19,580 6/1/2024 3/1/2025 Task III. MSHCP Consistency Analysis $12,600 9/1/2024 3/1/2025 Task IV. DBESP Analysis $12,600 9/1/2024 3/1/2025
Task V. Coordinate JPR $6,440 3/1/2025 5/1/2025
Task VI. Coordinate DBESP Review $6,440 5/1/2025 8/1/2025 Task VII. Delineate Jurisdiction $7,280 6/15/2024 6/30/2024 Task VIII. Prepare JD Report $8,970 6/30/2024 7/15/2024 Task IX. Formulate Mitigation Plan $12,320 7/15/2024 8/31/2024 Task X. Process AJD $7,830 7/15/2024 12/31/2024
Task XI. Process SAA with CDFW $7,830 9/15/2025 5/15/2026 Task XII. Process WDR with Regional Board $7,830 9/15/2025 5/15/2026 Task XIII. Project and Agency Coordination $14,740 6/1/2024 5/15/2026 TOTAL $141,840

ATT. 1 Exhibit (b)
GLA Insurance
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
1/26/2024
License # 0757776(909) 379-1333(909) 533-226613604Glenn Lukos Associates, Inc.1940 E Deere Avenue Ste 250Santa Ana, CA 927051904629424 A 2,000,000XX10000673342313/31/20233/31/202450,0005,0002,000,0004,000,0002,000,0001,000,000B XXBA-8M250481-23-42-G3/31/20233/31/2024 C X72 WEC AR3J9L3/31/20233/31/20241,000,000N 1,000,0001,000,000AProfessional Liab10000673342313/31/2023Each Occurrence/Agg2,000,000APollution Liability10000673342313/31/20233/31/2024Each Occurrence1,000,000Re: GLA#0955-8LASPCity of Murrieta is Additional Insured as respect to General Liability per attached, as required by written contract, including Primary/Non-contributory andWaiver of Subrogation. Professional Liability included per attached. Auto Additional Insured and Waiver of Subrogation applies per attached, includingPrimary wording per attached. Waiver of Subrogation on Workers Compensation applies per attached. A $10,000 Deductible applies per claim onProfessional Liability, per Occurrence on General Liability and Pollution Liability. No Deductible on Automobile Liability. Maximum Policy Aggregate limit is$4,000,000 on General Liability, and $2,000,000 on Professional and Pollution Liability."Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc (Hub), independant of any rights which may be affordedSEE ATTACHED ACORD 101 City of MurrietaOne Town Square24601 Jefferson AvenueMurrieta, CA 92562 GLENLUK-01LHEMMERS
HUB International Insurance Services Inc.3390 University AvenueSuite 300Riverside, CA 92501Lysandra [email protected] Surplus Lines Insurance CompanyTravelers Casualty Insurance Company of AmericHartford Casualty Insurance Company X3/31/2024
X XXX
FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:LOC #:

AGENCY NAMED INSUREDPOLICY NUMBERCARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.

HUB International Insurance Services Inc.

GLENLUK-01
SEE PAGE 1
1 SEE PAGE 1ACORD 25Certificate of Liability Insurance
License # 07577761
SEE P 1Glenn Lukos Associates, Inc.1940 E Deere Avenue Ste 250Santa Ana, CA 92705SEE PAGE 1 LHEMMERS1
Description of Operations/Locations/Vehicles:within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holders notice of such cancellation within ten (10) days of the cancellation date."A.M. Best :Starr Surplus Lines Insurance Company A XVTravelers Casualty Insurance Company of America A++ XVProperty and Casualty Insurance Company of Hartford A+ XV 03 .BSDI
3BU".
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

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PROFESSIONAL LIABILITY COVERAGE FORM

CLAIMS MADE AND REPORTED COVERAGE
PLEASE READ THE ENTIRE FORM CAREFULLY.

Various provisions in “this policy” restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not insured.

Throughout “this policy,” the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under “this policy.” The words “we,” “us” and “our” refer to the Company providing this insurance.

The word “insured” means any person or organization qualifying as such under SECTION II - WHO IS AN INSURED.

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI - DEFINITIONS.

SECTION I - COVERAGE
Coverage: Professional Liability
A. Insuring Agreement

1. We will pay those sums in excess of the deductible that the insured becomes legally obligated to pay as “damages” resulting from “claims” made for any “breach of professional duty,” but only if:
a. such “breach of professional duty” first takes place:
i. on or after the “retroactive date”;
ii. before the end of the “policy period”; and
iii. solely in the performance of “professional services” performed within the “coverage territory”; and only if:
b. such “claims” are:
i. first made against the insured during the ”policy period” or any purchased Extended Reporting Period;
ii. brought within the “coverage territory”; and
iii. reported to us in writing during the “policy period” or any purchased Extended Reporting Period.

2. If additional “claims” are subsequently made that arise out of the same “breach of professional duty” or any “interrelated breaches” as a “claim” already made, then all such additional “claims,” whenever made, shall be deemed first made within the policy year or purchased Extended Reporting Period in which the earliest “claim” arising out of such “professional services” was made and all such “claims” shall be subject to the same Each Claim Limit of Insurance.

3. We have the right but not the duty to defend the insured against any “suit” seeking “damages” to which this insurance applies. However, we will not defend any insured against any “suit” seeking “damages” to which this insurance does not apply. We may, at our sole discretion, investigate any alleged “breach of professional duty” and settle any “claim” or “suit” tha may result. But:
a. The amount we will pay for “damages” is limited as described in SECTION III – LIMITS OF INSURANCE AND DEDUCTIBLE; and
b. If we opt to defend the insured against a “suit,” such defense will end when the applicable limit of insurance has been exhausted by the payment of “damages” or supplementary payments or both.

Policy Number: 1000067334231
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

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B. Exclusions
This insurance does not apply to “claim(s)”:

1. Prior Claims
First made against any insured prior to the inception of “this policy”; or

2. Knowingly Wrongful Acts
Arising out of any insured’s dishonest, intentional, fraudulent, criminal, malicious, or knowingly wrongful act or non-compliance with any statute, regulation, ordinance, professional license requirement, administrative complaint, notice of violation, notice letter, executive order, or instruction of any government agency or body.

However, this exclusion shall not apply unless and until there is a final judgment against an insured establishing such conduct. Where there is such a final judgment, the insured shall reimburse us for all payments made for the associated “claim”; or

3. Executive Officer
Arising from any insured’s services and/or capacity as an “executive officer,” director, partner, trustee or ”employee” of a business enterprise not named in the Declarations; or

4. Other Enterprises
Arising out of any business enterprise owned, operated or managed by the insured or its parent company or the affiliate, successor or assignee of such company if it is not named in the Declarations; or

5. Warranties or Guarantees
Arising out of any express or implied warranty or guarantee unless liability would have attached to the insured in the absence of an express warranty or guarantee; or

6. Punitive Damages
For punitive damages, exemplary damages, multiplied damages, fines or penalties; or

7. Insurance/Bonds
Arising out of the advising of, requiring of, or failure to advise of or require, or failure to obtain or maintain, any form of insurance or surety bond; or

8. Contractual Liability
Based upon or arising out of the liability of others that you assume under a contract or agreement. However, this exclusion does not apply provided that the liability would exist in the absence of a contract or agreement and results from a “breach of professional duty” that takes place subsequent to the execution of the contract or agreement; or

9. Workers Compensation
Arising out of, or in any way related to, the obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law; or

10. Vehicles
Arising from the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by, or rented or loaned to, you; or

11. Products
Arising out of the design or manufacture of any products developed by or on behalf of any insured for multiple sale or mass distribution, including but not limited to computer programs or software; or

12. Faulty Workmanship
Associated with any cost to replace or repair any faulty: workmanship, construction, assembly, erection, fabrication, installation, remediation, or other work including materials, parts or equipment furnished in connection therewith; or
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

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13. Other Insureds
Against an insured by any other current or former insured; or

14. Employer’s Liability
Based upon or arising out of injury to any present or former “employee” or “executive officer” of any insured, including but not limited to wrongful termination, discrimination or any unfair employment practice; or

15. Ill-Gotten Gains
Alleging, arising from, based upon or attributable to the gaining in fact of any personal profit or advantage to which the insured is not legally entitled. However, this exclusion shall not apply unless and until there is final judgment against an insured establishing such conduct. Where there is such a final judgment, the insured shall reimburse us for all payments made for the associated “claim”; or

16. Nuclear
Alleging, arising from, based upon or attributable to nuclear reaction, radiation or contamination, under any circumstances and regardless of cause, within or originating from a nuclear reactor or any facility where nuclear waste or material is processed, stored or disposed; or

17. Intellectual Property
Alleging, arising from, based upon or attributable to any infringement of any patent, copyright, trademark, service mark, trade dress or trade name; or

18. General Discrimination or Harassment
Alleging, arising from, based upon or attributable to, or in any way involving discrimination or harassment of any kind, regardless of whether related to employment; or

19. Fee Disputes
Alleging, arising from, based upon or attributable to, or in any way involving any dispute over fees attributable to “professional services”; or

20. Sanctions
For which coverage would not be in compliance with any United States of America economic or trade sanctions, laws or regulations, including but not limited to the U.S. Treasury Department’s Office of Foreign Assets Control, or any similar foreign, federal, state or statutory law or common law; or

21. War
Based upon or arising out of war, including undeclared or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; or

22. Failure to Finance
Arising from your advising or requiring of, or failure to maintain or procure any financing or monies for payment of any portion of any project, or of services or labor connected with any project; or

23. Subcontractor Disputes
Arising from any dispute, including the institution of “suit” or arbitration proceedings, between you and your subcontractor(s), or any “claim” based upon or arising out of any dispute, including the institution of “suit” or arbitration proceedings, between any subcontractor and its subcontractor(s); or

24. Property
Arising from the insured’s ownership, rental, leasing, operation, maintenance, use or repair of any real or personal property, including “property damage” to property owned, operated, occupied, rented or leased by or to the insured, or in the insured’s care, custody or control; or Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

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25. Related Entities
Arising from any insured's involvement in, or “professional services” rendered to or on behalf of, any organization or subsidiary or affiliate thereof, not named in the Declarations:
a. that wholly or partly owns, or to any extent controls, operates or manages an insured; or b. in which an insured has a greater than 20% ownership; or c. that is controlled, operated or managed by an insured; or d. in which the insured is an officer or director; or

26. Prior Knowledge
Arising from any “breach of professional duty” or circumstance that an insured had, or reasonably should have had, actual or constructive knowledge prior to the “policy period”; Any “interrelated breaches” or continuation, change or resumption of such “breach of professional duty” or circumstance during or after this “policy period” will be deemed to have been known prior to the “policy period”; or

27. Non-Disclosed or Materially Different Professional Services Arising from a “breach of professional duty” related to a type of “professional service” that:
a. was not disclosed in the “application”; or
b. was disclosed in the “application” but that is performed for a type of client or project that results in a material increase in risk relative to the types of clients and projects disclosed in the “application.” This exclusion shall not apply where such material differences were disclosed, accepted and endorsed to “this policy” in writing by us prior to the related “breach of professional duty”; or

28. Project Cost Overruns
For, arising out of, or resulting from cost guarantees, cost representations, or contract price estimates of probable costs or cost estimates actually or allegedly being exceeded; or

29. Delay in Construction, Erection, Fabrication, Installation and Assembly Arising out of, or resulting from delay in construction, erection, fabrication, remediation, installation or assembly, manufacture or supply of equipment or failure to complete any construction, erection, fabrication, remediation, installation or assembly, manufacture or supply of equipment at or within an agreed upon period of time; or

30. Work Done Under Project Specific Policies
Arising out of or resulting from the insured’s work on any project that is insured under a valid and collectible project specific insurance policy or any owner protective or owner controlled insurance policy for which the insured is provided insurance coverage. However, this exclusion shall not apply and “this policy” shall apply as an excess insurance policy when expressly described as excess coverage by endorsement onto “this policy”; or

31. Waste Disposal
Arising out of, or resulting from a “pollution incident” on, or emanating from, any location where the insured arranged for, sends, or has sent waste for disposal, treatment, recycling, reclamation or storage; or

32. Design-Build
Associated with any work or projects for which the insured performs “professional services” and for which:
a. the insured;
b. any person, including an independent contractor, for whom the insured is legally responsible; c. any entity under common ownership with the insured; or d. any entity that has an ownership interest in the insured Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

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provides construction, erection, fabrication, installation, assembly services or manufactures or supplies equipment or materials incorporated therein.

33. Bankruptcy
Arising from liabilities resulting directly or indirectly from your bankruptcy, receivership, insolvency or subsequent liquidation.

C. Supplementary Payments
We will pay as part of and not in addition to the Limits of Insurance, with respect to any “claim” we investigate or settle, or any “suit” against an insured we defend:

1. All expenses we incur.

2. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the “claim” or “suit,” including actual loss of earnings up to $250 a day because of time off of work.

3. All costs taxed against the insured in the “suit.”

4. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre-judgment interest based on that period of time after the offer.

5. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

These payments will reduce the Limits of Insurance shown in the Declarations.

SECTION II - WHO IS AN INSURED
The following are insureds under “this policy”:

A. you;
B. any person who is or was a partner, officer, director, stockholder or “employee” of the Named Insured but only while acting within the scope of his/her duties as such; C. the heirs, executors, administrators, and legal representatives of each insured as defined in A . and B. above, in
the event of death, incapacity or bankruptcy of such insured, but only as respects liability arising out of “professional services” rendered by or on behalf of the Named Insured prior to such insured's death, incapacity or bankruptcy;
D. a former partner, officer, director or “employee” of the Named Insured while rendering “professional services” on behalf of the Named Insured;
E. contract or leased personnel rendering “professional services” under the supervision of and on behalf of the Named Insured;
F. joint ventures in which the Named Insured is named as a co-venturer, but only as respects the insured's legal liability arising out of the insured's participation in such joint venture; G. any “predecessor in interest.”

SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE
A. Limits Of Insurance

1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. insureds;
b. “Claims” made or “suits” brought; or
c. Persons of organizations making “claims” or bringing “suits.” Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

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2. The General Aggregate Limit is the most we will pay for the sum of “damages” including supplementary payments under the Professional Liability coverage of “this policy.”

3. Subject to the General Aggregate Limit, the Each Claim Limit is the most we will pay for the sum of all “damages” including supplementary payments under the Professional Liability coverage for each covered “claim.”

4. A single Each Claim Limit, and where applicable a single deductible applies to all “claims” arising out of the same “breach of professional duty” or “interrelated breaches” regardless of the number of insured(s) or claimants involved, the amount of “damage(s)” claimed or policy period(s) in which the actual or alleged “breach(es) of professional duty” or “interrelated breaches” took place.

5. The inclusion of more than one insured in the making of a “claim” or the bringing of a “suit” shall not increase the Limits of Insurance stated in the Declarations, nor shall the making of “claim(s)” or the bringing of “suits” by more than one person or organization increase the Limits of Insurance stated in the Declarations.

B. Deductible
The deductible is the amount stated in the Declarations. The deductible applies to each “claim.” The deductible shall be applied to the payment of both “damages” and supplementary payments. The insured shall pay the deductible. We may advance payment for part or all of the deductible amount and, upon notification of such payment made by us, the insured must promptly reimburse us for the amounts advanced within the deductible.

SECTION IV - CONDITIONS
A. Bankruptcy
Your bankruptcy, receivership or insolvency or that of your estate will not relieve us of our obligations under “this policy.” Any such bankruptcy, receivership or insolvency shall in no way increase our liability under this policy.

B. Duties in the Event of a “Claim”:

1. If a “claim” to which “this policy” applies is made against the insured, you must provide us with written notice, as soon as practicable, containing the following information:
a. The actual or alleged “breach of professional duty” or circumstance that is the subject of a “claim”; b. A description of the “professional services” rendered by the insured that resulted in the “claim”; c. The date(s) of such conduct that resulted in the “claim”; d. A description of the injury or damage that has resulted, or may result, in a “claim”; e. The identities and address(es) of any potential Claimant(s); f. The location(s) of any such “claim”; and
g. The circumstances by which the insured first became aware of the “claim.”

2. The insured must cooperate with us in all matters relating to “this policy,” including but not limited to, attending hearings and trials, securing and giving evidence, obtaining the attendance of witnesses, assisting in effecting settlements and in conducting litigation, arbitration or other proceedings.

3. If the insured has the right, based on statute, contractual agreement with any party making a “claim,” or any other reason, to either accept or reject arbitration of any “claim,” exercise such right only with our written consent.

4. Subject to obligations placed upon the insured by applicable law, the insured shall not admit or assume any liability, incur any expense other than for first aid, enter into any settlement agreement or stipulate to any judgment without our prior written consent. Any “damages” incurred by the insured and/or any settlements or judgments agreed to by the insured without such consent shall not be covered by “this policy.”

5. The insured shall do whatever is necessary and reasonable to secure and effectuate any rights of indemnity, contribution or apportionment that the insured may have.

6. Other than as required by law, the insured shall refrain from discussing the facts and circumstances of any “claim” with anyone other than legal counsel representing the insured or our representatives.

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C. Reporting Of A Potential Claim
If the insured first becomes aware during the “policy period” of an actual or alleged “breach of professional duty” that is reasonably likely to result in a “claim,” the insured must give us written notice containing the information indicated below. If we receive such written notice prior to the end of the “policy period,” any “claims” subsequently made against the insured arising out of such “breach of professional duty” shall be deemed to have been made on the last day of the “policy period.” The insured shall cooperate fully with us, including in any investigation conducted by us or our authorized representatives with respect to such “breach of professional duty” or potential “claim,” and shall be subject to the terms set forth in SECTION IV – CONDITIONS , B. Duties in the Event of a
“Claim.”
It is a condition precedent to the coverage afforded by “this policy” that the written notice of a potential “claim” shall contain, to the extent possible, the same information required for an actual “claim” as listed in SECTION IV –

CONDITIONS
, B. Duties in the Event of a “Claim,” above. If all of the required information is not provided or is, in our reasonable judgment, deemed inadequate, we shall inform the insured that a “claim” made after the “policy period” relating to the written notice will not be deemed to have been made during the “policy period.” D. Legal Action Against Us

1. No person or organization has a right under “this policy”:
a. To join us as a party or otherwise bring us into a “suit” that seeks “damages” from an insured; or b. To sue us on “this policy”
unless all of its terms have been fully complied with.

2. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for “damages” that are not payable under the terms of “this policy” or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, you and the claimant or the claimant’s legal representative.

E. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under “this policy,” our obligations are limited as follows:

1. Primary Insurance
This insurance is primary except when 2.

Excess Insurance, below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in 3. Method of Sharing, below.

2. Excess Insurance
This insurance is excess over any of the other applicable insurance, whether primary, excess, contingent or on any other basis if:
a. No “retroactive date” is shown in the Declarations of this insurance; b. The “retroactive date” is the coverage inception date of “this policy”; or c. The other insurance has a policy period that continues after the “retroactive date.” When this insurance is excess, we will not defend the insured against any “suit” if any other insurer has a duty to defend the insured against that “suit.” We will, however, have the right to affiliate with any insurer that defends a “suit” that may be covered under “this policy” and the insured shall authorize any such insurer to cooperate with us and share any relevant information with us. If no other insurer defends, we may undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.

When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
b. The total of all deductible and self-insured amounts under all that other insurance.

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Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of “this policy.”

3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

F. Representations
By accepting “this policy,” you agree and acknowledge that the statements and information contained in the “application” are true, accurate, and:
a. Provide a full and complete representation of the nature of the “professional services” performed by the insured;
b. Are the basis of “this policy” and are to be considered incorporated into and constitute a part of “this policy”; and
c. Shall be deemed material to the acceptance of this risk or the hazard assumed by us under “this policy.” G. Cancellation
The Named Insured may cancel “this policy” by returning the policy to us or our authorized representative. The Named Insured may also cancel “this policy” by written notice to us stating at what future date cancellation is to be effective. If the Named Insured cancels, earned premium shall be computed using the customary short rate table, subject to the Minimum Earned Premium stated in the Declarations, whichever is greater.

We may cancel “this policy” by written notice to the Named Insured, at the address last known to us. We will provide written notice at least thirty (30) days before cancellation is to be effective.

However, the Named Insured will only be entitled to ten (10) days prior notice if we cancel because:

1. the insured has failed to pay a premium when due; or

2. the insured has failed to pay applicable deductible amounts due.

If we cancel, earned premium will be computed pro-rata, unless we cancel for the reason specified in subsections

1. or 2.
, above, in which case earned premium will be computed using the customary short rate table, subject to the Minimum Earned Premium stated in the Declarations, whichever is greater.

The mailing of any notice of cancellation shall be sufficient proof of notice.

The “policy period” shall terminate upon the effective date of cancellation. Return of unearned premium is not a condition of cancellation. We will return unearned premium subject to the Minimum Earned Premium shown in the Declarations in due course.

H. Separation Of Insureds
Except with respect to the Limits of Insurance, the exclusions and any rights or duties specifically assigned in “this policy,” this insurance applies:

1. As if each Named Insured were the only Named Insured; and

2. Separately to each insured against whom “claim” is made or “suit” is brought.

I. Conformity to Law
In the event any portion of “this policy” shall be declared or deemed invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of “this policy.” J. Subrogation
In addition to any right of subrogation existing at law, in equity or otherwise, and in the event of any payment by us under “this policy,” we shall be subrogated to the extent of such payment to all of your rights of recovery.

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

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You shall execute all papers required (including those documents necessary for us to bring suit or other form of proceeding) and do everything that may be necessary to pursue and secure such rights.

K. Assignment and Changes to the Policy
“This policy” and any and all rights hereunder are not assignable without our prior written consent.

Notice to any agent or knowledge possessed by any agent or person will not result in a waiver or change in any part of “this policy” or prevent us from asserting any right under the terms and conditions of “this policy.” The terms and conditions of “this policy” may only be waived or changed by written endorsement signed by us.

L. Headings
The titles and headings to the various parts, sections, subsections and endorsements of “this policy” are included solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions of such parts, sections subsections or endorsements.

M. Concealment, Misrepresentation, Nondisclosure and Fraud Without prejudice to our other rights, howsoever arising, “this policy” is null and void in case of concealment, misrepresentation or non-disclosure by any insured, whether or not fraudulent, of a material fact concerning “this policy” or the procurement thereof, or if the insured reports any “claim” knowing such “claim” to be false or fraudulent.

N. Service of Suit
In the event of our failure to pay any amount claimed to be due hereunder, at your request we will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Counsel, Legal Department, 399 Park Avenue, 8th floor, New York, NY 10022 or his or her representative, and that in any suit instituted against us upon “this policy,” we will abide by the final decision of such court or of any appellate court in the event of an appeal.

Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on your behalf or any beneficiary hereunder arising out of “this policy” of insurance and hereby designate the above named Counsel as the person to whom the said officer is authorized to send such process or a true copy thereof.

O. Dispute Resolution
In the event of any disputes or differences that may arise under or in connection with “this policy,” whether arising before or after the termination of “this policy,” including any determination of the amount of “damages,” we and the insured agree to participate in a non-binding mediation process to resolve such disputes or differences. Either party shall have the right to commence a judicial proceeding or, if the parties agree, a binding arbitration proceeding to resolve such disputes or differences. However, such judicial or arbitration proceeding shall not be commenced until at least ninety (90) days after the date the non-binding mediation shall be deemed concluded or terminated.

Any binding arbitration proceeding commenced pursuant to this arbitration condition shall be submitted to the American Arbitration Association under or in accordance with its then-prevailing Commercial Arbitration Rules, in which the arbitration panel shall be composed of three disinterested individuals. In either mediation or arbitration, the mediator(s) or arbitrator(s) shall have knowledge of the legal, corporate management, or insurance issues relevant to the matters in dispute. Each party shall share equally the expenses of the non-binding mediation or non-binding arbitration.

P. Entire Agreement
By acceptance of “this policy,” all insureds agree that “this policy” embodies all agreements between them and us relating to “this policy.”
Copyright © Starr Surplus Lines Insurance Company. All rights reserved.

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

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SECTION V - EXTENDED REPORTING PERIODS
A. If the insured does not renew or replace “this policy,” or if we cancel or refuse to renew “this policy” for reasons other than the insured’s:

1. nonpayment of premium or deductible;

2. noncompliance with the terms and conditions of “this policy”; or

3. fraud or material misrepresentation,
then upon the payment of an additional premium, the insured shall have the option to extend the period by hich a “claim” can be made against the insured and reported to us.

B. The insured’s right to purchase the Optional Extended Reporting Period must be exercised by written notice not later than thirty (30) days after the last day of the “policy period” of “this policy.” Effective notice must indicate the total Optional Extended Reporting Period desired and must include payment of premium for such period. If such notice and the premium are not mailed to us within such thirty (30) day period, then the insured shall not at a later date be entitled to purchase an Optional Extended Reporting Period.

C. The additional premium for the Optional Extended Reporting Period shall be:

1. 100% of the policy premium for a One (1) Year Optional Extended Reporting Period;

2. 160% of the policy premium for a Two (2) Year Optional Extended Reporting Period; or

3. 200% of the policy premium for a Three (3) Year Optional Extended Reporting Period.

For the purposes of determining the additional premium, the policy premium is the total amount of premium amount stated in the Declarations plus any additional premiums related to “this policy” earned during the “policy period.”
D. The purchase of an Optional Extended Reporting Period shall be endorsed herein.

E. The fact that the period during which “claims” can be made against the insured and reported to us is extended by virtue of the Optional Extended Reporting Period shall not in any way:

1. reinstate, increase or create new Limits of Insurance of “this policy”; or

2. alter or relieve the insured of any obligations to pay the applicable deductible for such “claims.” F. The insured’s purchase of the Optional Extended Reporting Period does not extend or alter the “policy period” in any way.

G. At the commencement of a purchased Optional Extended Reporting Period, the entire premium therefore shall be deemed fully earned, and in the event the insured terminates the Optional Extended Reporting Period before its term for any reason, we shall not be obligated to return to you any portion of the premium.

H. Any “claim” reported during a purchased Extended Reporting Period will be subject to all other terms and conditions of “this policy.”
I. If the first Named Insured is placed in liquidation, bankruptcy, or ceases operations and the Named Insured or its designated trustee elects not to purchase the Optional Extended Reporting Period coverage upon termination of “this policy,” we will offer an Optional Extended Reporting Period to any insured covered under “this policy” provided that the request is made to the company in writing and payment of the additional premium is made within thirty (30) days following the cancellation or non-renewal date.

SECTION VI - DEFINITIONS
The following definitions apply:

A. “Application” means all applications for insurance, including any attachments thereto, and all other information and materials submitted by, or on behalf of the insureds to us in connection with underwriting “this policy,” or any policy of which “this policy” is a direct or indirect renewal or replacement. The “application” consists of the totality of information submitted to us and considered while underwriting the risk and includes documents and other sources of information that may be specifically listed on a Disclosed Document or similar endorsement attached to “this policy.” No undocumented verbal or publically available information shall be considered part of the “application” unless acknowledged in writing by us.

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

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If any material submitted to us as part of the “application” includes:

1. Any applications for insurance or other documents originally prepared by the insured for another party and containing any certifications, representations or any such statement by the insured, those statements shall be deemed as having been made to us as well for the purpose of the “application” for “this policy”;

2. Reports or other documents originally prepared by a third party that include statements restricting the report’s use to the insured, or any party other than us, we will be entitled to rely on the accuracy of the information contained in such reports as if no such restriction were included. Such restrictions shall not relieve the insured of any obligation to ensure information presented with the “application” is accurate at the time of submission.

No information shall be submitted with the “application” that the insured knows, or reasonable should know, to be false, misleading, no longer an accurate statement or materially incomplete at the time of submission.

B. “Auto” means:

1. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or

2. Any other vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged.

C. “Bodily injury” means:

1. Physical injury, sickness, disease or illness sustained by a person, including any associated medical monitoring costs resulting from any of these at any time;

2. Death resulting from such physical injury, sickness, disease or illness sustained by a person;

3. Mental anguish, shock, emotional distress or other mental injury, each when accompanied by physical injury, sickness disease or illness; and
Care necessitated by, or loss of services resulting from, the foregoing.

D. “Breach of professional duty” means negligence, defined as the failure to meet the professional standard of care legally required or reasonably expected under the circumstances in the performance or non-performance of “professional services” rendered to others for a fee by the insured that results in “damages” for which the insured is legally liable.

E. “Claim” or “Claims” means a written request or a written demand received by you for money or services, including the institution of “suit” or arbitration proceedings against you, seeking “damages.” F. “Cleanup costs” means any cost incurred for the investigation, evaluation, monitoring, testing, removal, containment, treatment, response, disposal, remediation, detoxification or neutralization of any pollutant. The cleanup shall be deemed to be complete upon receipt of a No Further Action Letter or similar letter or a clean closure determination from the supervising governmental authority or upon satisfaction of the requirements identified within the American Society of Testing and Materials’ Guide for Risk Based Corrective Actions.

G. “Coverage territory” means:

1. The United States of America (including Washington D.C.) and Puerto Rico;

2. All parts of the world if the insured’s responsibility to pay “damages” is determined in a “suit” on the merits, in the United States of America or in a settlement we agree to.

We make no representations concerning whether “this policy” complies with laws or requirements of foreign countries concerning insurance matters.

H. “Damages” means any amount that an insured is legally obligated to pay resulting from a “claim” including:

1. judgments and settlements;

2. interest on judgments;

3. compensation for “bodily injury” resulting from a “pollution incident”; and

4. compensation for “property damage” resulting from a “pollution incident.” “Damages” do not include:

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1. The return or withdrawal of fees paid or owed to the insured;

2. Fee disputes of any kind;

3. Taxes;

4. Sanctions, fines or penalties imposed by law;

5. Matters that may be deemed uninsurable under the law pursuant to which “this policy” shall be construed;

6. Matters that may be deemed uninsurable under the laws or regulations applicable to us; or

7. “Liquidated Damages” except for liability the insured would have in the absence of such “liquidated damages.” I. “Employees” means:

1. past and present employees, and

2. temporary and leased staff working on your behalf and under direct supervision of you, while providing “professional services.”
J. “Executive officer” means a past or present person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document.

K. “Interrelated breaches” means all “breaches of professional duty” that have a common nexus of fact, circumstance, situation, event, transaction, cause or series of related facts, circumstances, situations, events, transactions or causes.

L. “Liquidated damages” means an amount stipulated in advance in a contract to be the amount or measure of financial liability to be recovered by a party to that contract if the other party breaches the agreement or fails to perform, or perform adequately, its obligations under the contract.

M. “Natural resource damage” means physical injury to, or destruction of, including the resulting loss of value of, land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)), any state or local government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.

N. “Policy period” means the time period beginning on the Effective Date stated in the Declarations and lasting to the earlier of:

1. The date of policy expiration stated in the Declarations; or

2. The date of policy cancellation.

O. “
Pollution incident” means the discharge, dispersal, release, escape, migration, or seepage of any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, soot, vapors, fumes, odors, acids, alkalis, chemicals, hazardous substances, hazardous materials, or waste materials, on, in, into, or upon land and structures thereupon, the atmosphere, surface water, or groundwater that:

1. is caused by a “breach of professional duty”; and

2. results in “bodily injury” or “property damage.”
P. “Predecessor in interest” means any prior entity whose assets, partners, principals or shareholders have been acquired by the insured and whose name has been listed in the “application” and for whose insurance the insured is responsible by written agreement.

Q. “Professional services” means only those types of services listed in the Scheduled Professional Services endorsement to “this policy” that the insured or those working on its behalf are legally qualified to perform for third parties for a fee and that are related to your practice as an engineer, geologist, consultant or as specifically defined by endorsement to “this policy.”
“Professional services” does not include facilities operations, facilities maintenance operations or facilities activities.

R. “Property damage” means:

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be deemed to take place at the time of the physical injury that caused such loss of use;

2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to take place at the time of the “pollution incident” that caused it;

3. “Natural Resource Damage”; and

4. “Cleanup Costs.”
S. “Retroactive date” means:

1. The date stated in the Declarations;

2. If “this policy” is a direct renewal of a prior policy, the coverage inception date of the first policy in the continuous and uninterrupted series of direct renewals; or

3. The coverage inception date of “this policy” if no retroactive date is stated in the Declarations.

T. “Suit” means a civil proceeding in which “damages” because of any “breach of professional duty” to which this insurance applies are alleged. “Suit” includes:

1. An arbitration proceeding in which such “damages” are claimed and to which the insured must submit or does submit with our consent; or

2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which the insured submits with our consent.

U. “This policy” means:

1. This insurance policy titled: Professional Liability Coverage Form;

2. The Declarations attached herewith;

3. The “application”; and

4. Any modifications to the insurance policy attached herewith or subsequently issued in accordance with SECTION IV – CONDITIONS
, L. Assignment and Changes to the Policy.

Policy Number: BA-8M250481-23-42-G
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form WC 00 03 13 Printed in U.S.A.

Process Date: 03/31/23 Policy Expiration Date: 03/31/24

WAIVER OF OUR RIGHT TO RECOVER

FROM OTHERS ENDORSEMENT
Endorsement Number:Policy Number: 72 WEC AR3J9L
Effective Date: 03/31/23 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Glenn Lukos Associates, Inc. 1940 E DEERE AVE STE 250
SANTA ANA CA 92705
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 shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.

Endorsement is not applicable in KY, NH, NJ or for any MO construction risk

Murrieta City CouncilMay 20, 2025

Murrieta City Council
May 20, 2025