HomeMy WebLinkAbout2011-10-25 CC Item No. 09CITY OF
LADE E ; LSI1` ORE
1 DREAM EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: OCTOBER 25, 2011
SUBJECT: ENVIRONMENTAL CONSULTING SERVICES AGREEMENT
FOR CALIFORNIA DEPARTMENT OF FISH & GAME
MITIGATION SITE
Backaround
Under the conditions of the Lake/Streambed Alteration Agreement between the
California Department of Fish & Game (CDF&G) and the City of Lake Elsinore for
use of the Back-basin borrow site for fill material for the Boat Launch Facility
Improvement Project, the City is required to restore and conserve 5.75 acres of
the borrow site.
The 5.75 acre mitigation site shall be restored consistent with the Habitat
Mitigation & Monitoring Plan (HMMP) prepared by the City's contract
environmental consultants, Harmsworth & Associates, and approved by CDF&G
Discussion
A substantial amount of site preparation work for the environmental mitigation
site was included in the contract awarded to Reyes Construction for the Boat
Launch Facility Improvement Project. The site will be graded, tracked and hydro-
seeded with native grass by Reyes Construction once excavation has ceased at
the borrow site.
City Staff desires to contract with Harmsworth & Associates to prepare a planting
plan, planting specifications, assist with implementation and perform the first year
biological monitoring consistent with the Habitat Mitigation & Monitoring Plan
approved by CDF&G. Harmsworth & Associates is intimately familiar with the
mitigation sites, as Harmsworth prepared the CEQA document for the
WatersEdge Project that proposed utilizing approximately 60 acres in the Back-
basin as a borrow site for their project. Given Harmsworth's familiarity with the
Back-basin borrow site, the City previously hired Harmsworth to perform the
AGENDA ITEM NO. 9
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Environmental Consulting Services
Page 2 of 2
"Determination of Biologically Equivalent or
2008. In addition, Harmsworth & Associates
site. City Staff believes that Harmsworth's
will ensure a successful mitigation project.
October 25, 2011
Superior Preservation Analysis" in
prepared the HMMP for the borrow
specific experience with the project
Biological monitoring of the mitigation site is required for a total of five years.
City Staff intends to place the future biological monitoring required for years 2 - 5
out to bid prior to the next fiscal year.
Under the terms of the proposed Professional Services Agreement between HDR
and the City, HDR would perform the following tasks:
• Prepare Planting Plan & Specifications
• Assist with Implementation of the Planting Plan
• Perform the First Year Biological Monitoring & Reporting
Fiscal Impact
Approval of this item will result in an expenditure of $17,320 from the Boat
Launch Facility's CIP budget.
Recommendation
Staff recommends approval of the Agreement for Professional Services, subject
to minor modifications as approved by the City Attorney and authorize the City
Manager to execute the agreement.
Prepared by: Pat Kilroy, Director
Lake, Parks and Recreation Department
Approved by: Robert A. Brady, City Managerh,
Attachments:
• Lake/Streambed Alteration Agreement
• Location Map Environmental Mitigation Site
• Agreement for Professional Services
• Exhibit-A Harmsworth & Associates Proposal
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EXHIBIT-B
DEPARTMENT OF FISH AND GAME
http:ll ✓ .dfg,ca.gov
Inland Deserts Region
3602 Inland Empire Blvd., Suite C-220
Ontario, California 91764
Phone(909)484-0459
Fax(909)481-2945
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2009
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CITY (MANAGER'S OFFICE
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Notification No. 1600-2007-0210-R6 (Revision 5) May 26, 2009
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and Game,
hereinafter called the Department, and the City of Lake Elsinore, represented by Mr. Bob Brady,
City Manager, 130 South Main Street, City of Lake Elsinore, State of California, 92530, Phone
(951) 674-3124, here after called the Operator, is as follows:
WHEREAS, pursuant to Section 1602 of the California Fish and Game Code, the Operator, on the
6'" day of December, 2007, notified the Department that to develop the Lake Elsinore Boat
Launch Facility project, they intend to divert or obstruct the natural flow of, or change the bed,
channel, or bank of, or use material from the following water(s): Lake Elsinore, adjacent to the City
owned campgrounds at 32040 Riverside Drive on the shore of Lake Elsinore, and at a borrow site
also located within the confines of Lake Elsinore, tributary to Temescal Wash, City of Lake
Elsinore, County of Riverside, Township 6 South, Range 5 West, Section 3, Murrieta Springs,
California USGS quadrangle.
WHEREAS, the Department (represented by Jeff Brandt) has determined that such construction
may substantially adversely affect those existing fish and wildlife resources within Lake Elsinore,
referenced above in paragraph 2 of this page, including songbirds, raptors, other birds: reptiles;
mammals, amphibians, plants and all other fish and wildlife resources, including that riparian
vegetation which provides habitat for such species, in the area.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources
during the Operator's work. The Operator hereby agrees to accept the following
measures/conditions as part of the proposed work.
If the Operator's work changes from that stated in the notification specified above, this Agreement
is no longer valid and a new notification shall be submitted to the Department of Fish and Game.
Failure to comply with the provisions of this Agreement and with other pertinent code sections,
including but not limited to Fish and Game Code Sections 1602, 5650, 5652, 5937, and 5948, may
result in prosecution.
Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it
relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or
ordinances. A consummated Agreement does not constitute Department of Fish and Game
endorsement of the proposed operation, or assure the Department's concurrence with permits
required from other agencies.
This Agreement becomes effective the date of Department's signature and terminates on
September 30, 2012, for construction of the proposed project only. This Agreement shall remain
in effect for that time necessary to satisfy the terms/conditions of this Agreement. Any provisions
of the agreement may be amended at any time provided such amendment is agreed to in writing
by both parties. Mutually approved amendments become part of the original agreement and are
subject to all previously negotiated provisions. The Operator may request one extension of the
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
May 26, 2009
agreement period. The extension shall be requested prior to the termination date of the
agreement.
1. The following provisions constitute the limit of activities agreed to and resolved by this
Agreement. The signing of this Agreement does not imply that the Operator is precluded from
doing other activities at the site. However, activities not specifically agreed to and resolved by this
Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections
1600 of seq.
Project/Site Description
2. The project site is adjacent the campgrounds at 32040 Riverside Drive on the shore of Lake
Elsinore. Fill will be obtained at the site and at a fill borrow site within the back basin of Lake
Elsinore. For the boat launch rehabilitation project, the Operator is proposing to restore and
elevate an existing facility which is disturbed lake bed area, and excavate or dredge a 2.2 acre
boat ramp area which is within the lake bed. To construct and elevate the facility from the lake
bed, the Operator proposed to place -150,000 cubic yards of fill on the 11.5 acre site, and
excavate or dredge an adjacent 2.2 acre boat ramp in the lake bed. Additional project fill material
will be excavated from either a 17.5 acre, a 37.6 acre, or 7.5 acre borrow site within the back basin
of Lake Elsinore.
Back Basin Borrow Site Options:
Option A consists of excavating fill from a 17.5 acre site to an approximate
depth of 10 feet below surface grade, resulting in a flat bottomed pit.
Option B consists of excavating fill from a 37.6 acre site to an approximate
depth of 4 feet below surface grade, resulting in a slope from the higher
elevation at the site graded to meet the existing elevation of 1,246.5 feet
above mean sea level.
Option C consists of excavating fill from a 7.5 acre site to a maximum depth of
20 feet below surface grade to meet an elevation of 1,240 feet above mean
sea level.
All back basin borrow site options will result in impacts to tamarisk scrub habitat. The project will
permanently impact the pre-existing 11.5 acre boat launch facility site, and will temporarily impact
the 2.2 acre boat ramp and either: Option A the 17.5 acre borrow site, or Option B the 37.6 acres
borrow site (including 20.7 acres of tamarisk scrub habitat) or Option C the 7.5 acre borrow site.
None of the Options A, B or C may impact the 33 acre vernal pool and smooth tarplant mitigation
and conservation site (the Australia pool site) which is a mitigation area for the Laing project under
agreement 1600-2003-0130-R6. This agreement and associated mitigation for the project also
addresses future impacts associated with maintaining the boat launch and the 2.2 acre boat ramp
in the lake bed. Total project impacts of 31.2 acres for Option A, or 50.4 acres for Option B, or
21.2 acres for Option C are authorized under this agreement.
3. The Operator shall not impact more than 31.2 acres of Departmental jurisdictional areas for
Option A, or 50.4 acres of Departmental jurisdictional areas for Option B, or 21.2 acres of
Departmental jurisdictional areas for Option C. No impacts are authorized within the 33 acre
vernal pool and smooth tarplant mitigation and conservation site (the Australia pool site) which is a
mitigation area for the Laing project under agreement 1600-2003-0130-R6. If impacts to drainages
or riparian habitat exceed that authorized in Condition 2 of the Agreement, the Operator shall
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
May 26, 2009
mitigate at a minimum 5:1 replacement-to-impact ratio for the impacts beyond those previously
authorized by this Agreement and submit a new 1600 streambed alteration agreement application
for the entire project. All mitigation shall be approved by the Department.
Mitigation Monitoring and Reporting
4. For impacts to the boat launch site, boat ramp excavation site, back basin borrow site, and the
future maintenance of the boat launch and ramp sites, the Operator shall mitigate by restoring half
of the borrow site that was excavated for the project and conserving it in perpetuity. This
restoration area will be referred to in this Agreement as the "Mitigation Site". Restoration of the
Mitigation Site shall include the removal of non-native, invasive, and exotic plants and revegetating
it with California native plants after the excavation of the fill. The Operator shall contour the
Mitigation Site for the creation, restoration, and long term sustainability of native alkali grasslands,
alkali scrub, seasonal pools, marsh, ponds, and riparian habitats.
If Impact Option A is selected, the Operator shall revegetate and conserve no less than 8.75 acres
of the 17.5 acres borrow site. If Option B is selected, the Operator shall revegetate and conserve
no less than 18.8 acres of the 37.6 acre borrow site. If Option C is selected, the Operator shall
revegetate and conserve no less than 3.75 acres of the 7.5 acre borrow site. The Operator shall
remove all non native plants in the Mitigation Site. To protect the Mitigation Site, the Operator
shall place appropriate fencing and signage around the perimeter of the Mitigation Site. Except for
uses appropriate to a habitat conservation area as approved by the Department, the public shall
not have access to the 8.75 acre, 18.8 acre, or 3.75 acre Mitigation Site, and no activities shall be
permitted within the Mitigation Site except for the maintenance of the habitat and Mitigation Site,
and the removal of exotic species, trash, and debris.
5. Prior to the initiation of any project activities in jurisdictional areas and no later than 120 days
after signature to this agreement, the Operator shall submit to the Department for review and
approval a Habitat Mitigation and Monitoring Plan designed to meet the overall mitigation goals
identified in Condition 4 of this Agreement. The plan shall provide details on both the
creation/restoration and enhancement aspects of the mitigation. The plan shall include a plant
palette, planting plan, monitoring and maintenance procedures/timeline, irrigation, success
standards and contingency measures, description of plans for invasive removal activities including
monitoring and maintenance objectives to prevent the re invasion of undesirable weeds for a
minimum of five years. Any plans for exotic plant removal shall include a detailed plan that
identifies on a map each location and size of non-native vegetation to be removed. Monitoring and
maintenance of the sites shall be done annually for a minimum of five years, or until the
Department determines the restoration sites are successful.
6. The Department recommends the use of native plants to the greatest extent feasible in the
landscaped areas adjacent and/or near the mitigation/open space areas and within or adjacent to
stream channels. The Operator shall not plant, seed or otherwise introduce invasive exotic plant
species to the landscaped areas adjacent and/or near the mitigation/open space areas and within
or adjacent to stream channels (minimum 100 foot setback from open space areas and 150 foot
setback from stream channels and riparian mitigation sites). Invasive exotic plant species not to
be used include those species listed on the "California invasive Plant Inventory, February 2006"
(which updated 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 Lepedium latifolium. 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-ipe.org , or by
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
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email at info@cal-ipc.org. The Operator shall submit a copy of the draft landscape/planting plan
to the Department's representative for review at least 30 days prior to the acquisition and/or use of
any plant materials (seeds or container plants) adjacent to the mitigation/open space site and/or
within or adjacent to any stream channel.
7. The mitigation site(s) shall meet all the requirements below.
A. All planting shall have a minimum of 80% survival the first year and 100% survival thereafter
and shall attain 80% cover after 3 years and 90% cover after 5 years. If the survival and cover
requirements have not been met, the Operator is responsible for replacement planting to achieve
these requirements. Replacement plants shall be monitored with the same survival and growth
requirements for 5 years after planting.
B. The site shall not contain more than 5 percent exotic plant species for the Department to deem
the site successful. Exotic removal shall be conducted throughout the 5-year monitoring and
maintenance period.
C. Irrigation of the mitigation site(s) may only be used to help the plants become established
during the first two years following planting. Watering/irrigation of the site(s) shall be discontinued
at least two years prior to completion of the monitoring period for the site(s) to be deemed
successful by the Department.
8. The Department recommends that all planting be installed between October 1 and April 30 to
minimize the need for irrigation and maximize benefits from the winter rainy season.
9. An annual report shall be submitted to the Department each year for a minimum of 5 years
after planting or until the Department deems the mitigation site(s) successful. This report shall
include (a) a description of the restoration activities done the previous year (including revegetation
and exotic species removal) and when they were conducted; (b) the survival, percent cover, and
height of both tree and shrub species planted; the number by species of plants replaced, an
overview of the revegetation effort, and the method used to assess these parameters shall also be
included; (c) the report shall include information regarding exotic vegetation removal including the
amount removed, the amount removed and treated, frequency and timing of removal and
treatment, disposal specifics, and a summary of the general success and failures or failure of the
exotic removal plan. The report shall also include wildlife observed at the site during monitoring
surveys including sensitive species and/or listed species. Photos from designated photo stations
shall be included. The first annual report is due to the Department no later than December 31,
2009.
10. To minimize temporal loss of fish and wildlife resources the Habitat Mitigation and Monitoring
Plan shall be implemented within one hundred twenty (120) days after the completion of
excavation of the borrow areas. The Operator shall notify the Department, in writing, no later than
one hundred twenty (120) days after the completion of the excavation of the borrow areas and
confirm the implementation of the Habitat Mitigation and Monitoring Plan. A copy of the written
notification shall be included in the first annual report due to the Department no later than
December 31, 2009.
Site Access
11. The Department reserves the right to enter the project site at any time to ensure compliance
with terms/conditions of this Agreement. The Operator herein grants to Department employees
and/or their consultants (accompanied by a Department employee) the right to enter the project
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
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site at any time, to ensure compliance with the terms and conditions of this Agreement and/or to
determine the impacts of the project on wildlife and aquatic resources and/or their habitats.
Verification Of Compliance
12. The Department shall verify compliance with protective measures to ensure the accuracy of the
Operator's mitigation, monitoring and reporting efforts. The Department may, at its sole discretion,
review relevant documents maintained by the operator, interview the operator's employees and
agents, inspect the work site, and take other actions to assess compliance with or effectiveness of
protective measures in this Agreement.
Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP)
13. The issuance of this Agreement does not authorize the take of any state and/or federally listed
threatened, endangered, or fully protected species. Additionally, it does not infer that the project is
consistent with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) or
that the project is a Biologically Equivalent or Superior Preservation Alternative. If modifications to
the project are necessary to meet MSHCP requirements because the project is found during the
MSHCP review process to be inconsistent with the MSHCP and/or the Western Riverside County
Regional Conservation Authority (RCA) and/or Wildlife Agencies (Department and/or U.S. Fish and
Wildlife Service) do not agree the project is a Biologically Equivalent or Superior Preservation
Alternative, then a request for an amendment to this Agreement will be required.
Burrowing Owl Mitigation Measures
14. Prior to the initiation of any project activities in State lake and/or stream jurisdictional areas
(jurisdictional areas), the Operator shall conduct a burrowing owl habitat assessment for the
jurisdictional areas. The habitat assessment shall determine whether suitable habitat for
burrowing owl is present on-site. The habitat shall focus on whether burrows are present on-site
(natural or artificial burrows) that burrowing owls previously have used, are using, or could use now
or in the future. A report summarizing the results of the habitat assessment shall be submitted to
the Department within 30 days following the completion of the habitat assessment. If no suitable
habitat is found on-site, this condition does not apply. If suitable habitat is found on-site, the
Operator shall comply with the MSHCP. The Operator shall submit documentation of compliance
with the MSHCP within fifteen (15) days of completing the habitat assessment.
Security Required
15. A security (either an irrevocable letter of credit, pledge savings account, or CD) for the amount
of all mitigation measures pursuant to this agreement shall be submitted to, and approved by the
Department within 90 days of signing this Agreement and prior to commencing project activities
within areas of Department jurisdiction. This amount shall be based on a cost estimate which shall
be submitted to the Department for approval within 60 days of signing this Agreement and prior to
commencing project activities within areas of Department jurisdiction. The security shall be
approved by the Department's legal advisors prior to its execution, and shall allow the Department
at its sole discretion to recover funds immediately if the Department determines there has been a
default. The legal advisors can be contacted at (916) 654-3821.
Conservation Easement or Fee Title
16. Either fee title shall be conveyed or a conservation easement shall be placed on the restored
native habitats within the mitigation area to protect fish and wildlife resources in perpetuity. For
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
May 26, 2009
Option A the area shall be no less than 8.75 acres of restored native habitats. For Option B the
area shall be no less than 18.8 acres of restored native habitats. For Option C the area shall be
no less than 3.75 acres of restored native habitats. The easement or fee title shall be in favor of
the Western Riverside County Regional Conservation Authority (RCA), or other conservation entity
as approved by the Department. The Department will act as a Third Party Beneficiary to the
conservation easement. Fee title or the conservation easement shall be recorded no later than
December 30, 2009, or as extended by the Department. The Operator shall be responsible for all
costs in recording and funding the easement. The Operator shall provide sufficient funds to
manage the preserved area in perpetuity. The RCA may be contacted at: 3403 Tenth Street, Suite
320, Riverside, CA 92501, P.O. Box 1667, Riverside, CA 92502-1667, Phone (951) 955-9700.
Notification to the California Natural Diversitv Database
17. If any sensitive species are observed on or in proximity to the project site, or during project
surveys, the Operator shall submit California Natural Diversity Data Base (CNDDB) forms and
maps to the CNDDB within five working days of the sightings, and provide the regional Department
office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at:
www.dtq-ca.gov/whdab/pdfs/natspec,pdf. This information shall be mailed within five days to:
California Department of Fish and Game, Natural Diversity Data Base, 1807 13th Street, Suite
202, Sacramento, CA 95814, Phone (916) 324-3812. A copy of this information shall also be
mailed within five days to the Department of Fish and Game Region 6, 4665 Lampson Avenue,
Suite J, Los Alamitos, CA 90720, Attn: Streambed Team. Please reference SAA # 1600-2007-
0210-R6
Proiect Construction
18. The Operator shall not remove vegetation from the jurisdictional areas within the project site
from March 15 to September 15 to avoid impacts to nesting birds. If the Operator intends to
commence project construction during the period commencing March 15 through September 15,
the Operator shall have a qualified biologist survey all potential nesting vegetation within the
project site for nesting birds, prior to project activities (including construction and/or site
preparation). Surveys shall be conducted for five consecutive days, at the appropriate time of day
during the breeding season, and surveys shall end no more than three days prior to clearing. The
Department shall be notified in writing prior to the start of the surveys. Documentation of surveys
and findings shall be submitted to the Department within ten (10) days of the last survey. If no
nesting birds were observed project activities may begin. If an active bird nest is located, the nest
site shall be fenced a minimum of 200 feet (500 feet for Least Bell's vireo, willow flycatcher,
Southwestern willow flycatcher, and/or raptors) in all directions, and this area shall not be
disturbed until after September 15 or until the nest becomes inactive. If threatened or endangered
species are observed in the area, no work shall occur during the breeding season (March 15
through September 15) to avoid direct or indirect (noise) take of listed species.
19. Sections 3503, 3503.5, and 3513 of the California Fish and Game Code prohibit take of all
birds and their active nests, including raptors and other migratory nongame birds (As listed under
the Migratory Bird Treaty Act).
20. A qualified biologist shall be on-site to monitor all activities that result in the clearing or grading
of sensitive habitat as well as grading, excavation, and/or other ground-disturbing activities in
jurisdictional areas. The Operator shall flag the limits of grading and the jurisdictional areas,
perform necessary surveys, and take photographs during the construction process, as required by
this permit. The monitor is required to halt construction activities if threatened or endangered
species are identified and notify the appropriate agencies immediately.
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Liahtino Imnacts
21. No lighting shall be allowed to impact jurisdictional areas, and the lighting and fencing for the
boat launch facility shall be reviewed by a qualified biologist to allow wildlife to move within the
lake bed areas without hindrance. Prior to the initiation of any project activities in jurisdictional
areas and no later than 60 days after signature to this agreement, the Operator shall submit to the
Department for review and approval a lighting plan detailing the jurisdictional areas to be avoided.
22. The Operator shall not allow water containing mud, silt or other pollutants from grading,
aggregate washing, or other activities to enter a lake or flowing stream or be placed in locations
that may be subjected to high storm flows.
23. The Operator 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 the operator to ensure
compliance.
24. Spoil sites shall not be located within a stream/lake or locations that may be subjected to high
storm flows, where spoil shall be washed back into a stream/lake, or where it will impact
streambed habitat, aquatic or riparian vegetation.
25. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other
petroleum products, or any other substances which could be hazardous to fish and wildlife
resources, resulting from project related activities shall be prevented from contaminating the soil
and/or entering the waters of the state. These materials, placed within or where they may enter a
stream/lake, by Operator or any party working under contract, or with the permission of the
Operator shall be removed immediately.
26. No broken concrete, debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete
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 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 stream or lake.
27. No equipment maintenance shall be done within or near any stream channel where petroleum
products or other pollutants from the equipment may enter these areas under any flow.
28. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of
project activities in jurisdictional areas as noted in Condition 2 above, and at least five (5) days
prior to completion of project activities in jurisdictional areas as noted in Condition 2 above.
Notification shall be sent to the Department at 4665 Lampson Avenue, Suite J, Los Alamitos, CA
90720, Attn: Streambed Team. Please reference SAA # 1600-2007-0210-R6.
Chance of Conditions
29. The Operator shall notify the department of any change of conditions to the project, the
jurisdictional impacts, or the mitigation efforts, if the conditions at the site of a proposed project
change in a manner which increases or decreases the risk that a fish or wildlife resource may be
substantially adversely affected by the proposed project. The notifying report shall be provided to
the Department no later than seven (7) days after the change of conditions is identified. As used
here, change of condition refers to the process, procedures, and methods of operation of a project;
the biological and physical characteristics of a project area, or the laws or regulations pertinent to
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
May 26, 2009
the project as defined below. A copy of the notifying change of conditions report shall be
included in the annual reports.
(A) Biological conditions: a change in biological conditions includes, but is not
limited to, the following: 1) the presence of a fish or wildlife resource within or
adjacent to the project area, whether native or non-native, not previously known to
occur in the area; or 2) the presence of a fish or wildlife resource within or adjacent
to the project area, whether native or non-native, the status of which has changed to
endangered, rare, or threatened, as defined in section 15380 of Title 14 of the
California Code of Regulations.
(B) Physical conditions: a change in physical conditions includes, but is not limited
to, the following: 1) a change in the morphology of a river, stream, or lake, such as
the lowering of a bed or scouring of a bank, or changes in stream form and
configuration caused by flooding; 2) the movement of a river or stream channel to a
different location; 3) a reduction of or other change in riparian vegetation on the
bed, channel, or bank of a river, stream, or lake, or 4) changes to the hydrologic
regime such as fluctuations in the timing or volume of water flows in a river or
stream.
(C) Legal conditions: a change in legal conditions includes, but is not limited to, a
change in Regulations, Statutory Law, a Judicial or Court decision, or the listing of a
species, the status of which has changed to endangered, rare, or threatened, as
defined in section 15380 of Title 14 of the California Code of Regulations.
30. The Operator shall provide a copy of this Agreement to all contractors, subcontractors,
and the Applicant's project supervisors. Copies of the Agreement shall be readily available
at work sites at all times during periods of active work and must be presented to any
Department personnel, or personnel from another agency upon demand.
Extension of Agreement
31. The term of this agreement shall not exceed five years in accordance with Fish and Game
Code Section 1605. The Operator may request one (1) extension of this agreement prior to its
termination for a period up to five (5) years, subject to Departmental approval. The extension
request and fees shall be submitted to the Department's Region 6 Office at the above address. If
the Operator fails to request the extension prior to the agreement's termination then the Operator
shall submit a new notification with fees and required information to the Department. Any activities
conducted under an expired agreement are a violation of Fish and Game Code Section 1600 et.
seq.
Suspension of Permit
32. The Department reserves the right to suspend or revoke this Agreement, after giving notice to
the Operator, if the Department determines that the Operator has breached any of the terms or
conditions of this Agreement, or for other reasons, including but not limited to the following:
A. The Department determines that the information provided by the Applicant in support of the
Notification/Agreement is incomplete or inaccurate;
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
May 26, 2009
B. The Department obtains new information that was not known to it in preparing the terms and
conditions of the Agreement;
C. The project or project activities as described in the Notification/Agreement have changed; or
D. The conditions affecting fish and wildlife resources change or the Department determines that
project activities will result in a substantial adverse effect on the environment.
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STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 1600-2007-0210-R6
May 26, 2009
Concurrence (1600-2007-0210-R6)
In WITNESS WHEREOF, the parties below have executed this Lake or Streambed Alteration
Agreement Number 1600-2007-0210-R6 (Revision 5) as indicated below:
617/0
Date
!f IO
City of Lake Elsi
Represented by
Bob Brady, City Manager
Date Kim Nicol, Deputy Regional Manager
Department Of Fish and Game
Inland Deserts Region
Page 10 of 10
Page 12 of 29
May 9, 2011
Pat Kilroy
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
JOHN MCCAMMAN, Director
Subject: Amendment of Lake or Streambed Alteration Agreement
Notification No. 1600-2007-0210-R6
Lake Elsinore Boat Launch Project
Dear Mr. Kilroy:
a r
h
k
The Department of Fish and Game (Department) has received your request to amend
Lake or Streambed Alteration Agreement 1600-2007-0210-R6 (Agreement) and the
required fee in the amount of $168 for a minor amendment.
The Department hereby agrees to amend the agreement as follows:
1.1 Amended Condition 9. An annual report shall be submitted to the Department
each year for a minimum of five years after planting or until the Department deems
the mitigation site(s) successful. This report shall include (a) a description of the
restoration activities done the previous year (including revegetation and exotic
species removal) and when they were conducted; (b) the survival, percent cover,
and height of both tree and shrub species planted; the number by species of plants
replaced, and an overview of the revegetation effort, and the methods used to
assess these parameters shall also be included; (c) the report shall include
information regarding exotic vegetation removal including the amount removed, the
amount removed and treated, frequency and timing of removal and treatment,
disposal specifics, and a summary of the general success and failures or failure of
the exotic removal plan. The report shall also include wildlife observed at the site
during monitoring surveys including sensitive species and/or listed species.
Photos from designated photo stations shall be included. The first annual report is
due to the Department no later than April 30, 2012.
1.2 Amended Condition 15. A security (an irrevocable letter) in the amount of all
mitigation measures pursuant to this agreement shall be submitted to, and
approved by the Department no later than June 10, 2011 and prior to commencing
project activities within areas of Department jurisdiction. The irrevocable letter of
credit shall be in the amount of $277,000 (as estimated in the Habitat Mitigation
and Monitoring Plan dated January 2010) and shall be submitted to Kimberly
Freeburn-Marquez prior to execution at 3602 Inland Empire Boulevard, Suite C-
Conserving Catfornia's Wildffe Since 1870
Page 13 of 29
Pat Kilroy
May 9, 2011
Page 2 of 3
220 Ontario CA, 91764. The security shall be approved by the Department's legal
advisors prior to execution, and shall allow the Department at its sole discretion to
recover funds immediately if the Department determines there has been a default.
1.3 Amended Condition 16. Either fee title shall be conveyed or a conservation
easement shall be placed on the restored native habitats within the mitigation area
to protect fish and wildlife resources in perpetuity. For Option A the area shall be
no less than 8.75 acres of restored native habitats. For Option B the area shall be
no less than 18.8 acres of restored native habitats. For Option C the area shall be
no less than 3.75 acres of restored native habitats. For Option D the area shall be
no less than 5.75 acres restored native habitats. The easement or fee title shall be
in favor of the Western Riverside County Regional Conservation Authority (RCA),
or other conservation entity as approved by the Department. The Department will
act as a Third Party Beneficiary to the conservation easement. Fee title or the
conservation easement shall be recorded no later than April 30, 2012, or as
- extendedby the Department. The Operator shall-be responsible for all costs in
recording and funding the easement. The Operator shall provide sufficient funds to
manage the preserved area in perpetuity. The RCA may be contacted at 3403
Tenth Street, Suite 320, Riverside, CA 92501, P.O. Box 1667 Riverside, CA
92502-1667, Phone (951) 955-9700.
All conditions in the Agreement remain in effect.
Copies of the Agreement and this amendment must be readily available at project
worksites and must be presented when requested by a Department representative or
agency with inspection authority.
If you have any questions regarding this matter, please contact me at the telephone
number or e-mail address below.
Sincerely,
Kimberly Freeburn-Marquez
Environmental Scientist
Habitat Conservation Department
kfreeburn .dfg.ca.gov
(909) 945-3484
Page 14 of 29
Pat Kilroy
May 9, 2011
Page 3 of 3
ACKNOWLEDGEMENT
I hereby agree to the above-referenced amendment.
Print Name: Bob Brady, City Manager Date: 104-1,11 ~Oyf
Signature:
MAY 19 2011
Page 15 of 29
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 26th day of October, 2011, by and between
the City of Lake Elsinore, a municipal corporation ("City") and Harmsworth & Associates, a
Professional Environmental Consulting firm ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional environmental consulting
services and related work as set forth in this Agreement.
AGREEMENT
General Description of Work to be Performed
Under the terms of the Lake/Streambed Alteration Agreement between the City and the
California Department of Fish & Game (CDF&G) for the Boat Launch Facility Improvement
Project, the City of Lake Elsinore is required to implement the Habitat Mitigation & Monitoring
Plan (HMMP) approved by CDF&G. The City desires to contract with the Consultant to prepare
planting plans & specifications, assist with implementation of the HMMP and perform the first
year biological monitoring consistent with the Habitat Mitigation & Monitoring Plan.
1. Scope of Work The Consultant shall provide the services under Task-1 as described
in Exhibit "A" in a professional manner.
a. All plans and specifications shall be submitted to the City on CD (compact
disk); all drawings shall have the engineer's certificate number on the
document, all drawings shall be in one of the following electronic file
extensions: PDF and specifications shall be submitted in MS Word.
2. Time of Performance - The services of Consultant are to commence upon execution
of this Agreement and shall continue for a period of six months.
ProfServAgmt.4014.000 1 Page 17 of 29
3. Compensation - Compensation to be paid to Consultant shall be in accordance
with the fee schedule set forth in Task -1 of Exhibit A, which is attached hereto and incorporated
herein by reference. And in no event shall Consultant's compensation exceed $17,320.00 without
additional authorization from the City. Payment by City under this Agreement shall not be
deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment - Consultant shall submit monthly billings to City describing
the work performed during the preceding month. Consultant's bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than 30 days after approval of the monthly invoice by City staff. When
payments made by City equal 90% of the maximum fee provided for in this Agreement, no
further payments shall be made until the final work under this Agreement has been accepted by
City.
5. Extra Work - At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant
shall not perform, nor be compensated for, Extra Work without written authorization from City.
Extra work will be invoiced separately from services performed in accordance with the Scope of
Services.
6. Termination - This Agreement may be terminated by the City immediately for
cause or by either party without cause upon thirty (30) days written notice of termination. Upon
termination, Consultant shall be entitled to compensation for services performed up to the
effective date of termination.
7. Ownership of Documents - All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
ProfServAgmt.4014.000 2 Page 18 of 29
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City's use of such materials in a manner
beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Propert y - This Agreement creates a
nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium
of expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in
writing that City is granted a nonexclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant
has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be
limited in any way in its use of the Documents & Data at any time, provided that any such use
not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality - All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes other than the
performance of the services under this Agreement. Nor shall such materials be disclosed to any
person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally known,
or has become known, to the related industry shall be deemed confidential. Consultant shall not
use City's name or insignia, photographs relating to project for which Consultant's services are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
8. Consultant's Books and Records
a. Consultant shall maintain any and all ledgers, books of account, invoices,
ProfServAgmt4014.000 3 Page 19 of 29
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.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant's business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor-in-interest.
9. Independent Contractor - It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Consultant hereby expressly
waives any claim it may have to any such rights.
10. Interests of Consultant - Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
rrofServ4mt.4014.000 4 Page 20 of 29
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).)
11. Professional Ability of Consultant - City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws - Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses - Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City business license.
14. Indemnitv - Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements
a. Insurance - Consultant, at Consultant's own cost and expense, shall
ProfSe"Agmt.4014.000 5 Page 21 of 29
procure and maintain, for the duration of the contract, 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.
ii. General Liability Coverage - Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage - Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non-owned vehicles, in
an amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Liability Coverage - Consultant shall maintain
professional errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations under
this Agreement, whether such operations by the Consultant or by its employees,
subcontractors, or subconsultants. The amount of this insurance shall not be less than one
million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined
single limit per occurrence basis.
b. Endorsements - Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
ProfServAgmt.4014.000 6 Page 22 of 29
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials,
parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability of
the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice
has been received by the City.
C. Deductibles and Self-Insured Retentions - Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance - Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices - Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
ProfServAgmt4014.000 7 Page 23 of 29
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 Manager
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Paul Galvin, Vice President
Hannsworth Associates
29 Vacaville
Irvine, CA 92602
17. Entire Agreement - This Agreement constitutes the complete and
exclusive statement of Agreement between the City and Consultant. All
prior written and oral communications, including correspondence, drafts,
memoranda, and representations, are superseded in total by this
Agreement.
18. Amendments - This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting - The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience
and competence of Consultant and the subcontractors. Consultant shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the express
consent of the City. Consultant shall not subcontract any portion of the work to be performed
under this Agreement without the written authorization of the City. If City consents to such
subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City
and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to
the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
20. Waiver - Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
ProfSmAgmt.4014.000 8 Page 24 of 29
21. Severability - If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
22. Controlling Law Venue - This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees - If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
24. Mediation - The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and shall the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE
("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
25. Execution - This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement - Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party.
27. Prohibited Interests - Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
ProfservAgmt.4014.000 9 Page 25 of 29
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.
27. Equal Opportunity Employment - Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the
date first written above.
CITY OF LAKE ELSINORE: CONSULTANT:
By
Bob Brady, City Manager Title
Attachments:
Business License #
Exhibit A - Scope of Services by Harmsworth & Associates.
ProfServAgmt4014.000 10 Page 26 of 29
EXHIBIT-A
HARMSWORTH ASSOCIATES
Environmental Consultants
October 18, 2011
Pat Kilroy, Director
Lake & Aquatic Resources Department
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
RE: Boat Launch f1AIW Implementation - Year 1
Dear Mr. Kilroy,
Harmsworth Associates is pleased to submit this proposal and cost estimate to oversee
the implementation of the Habitat Mitigation Monitoring Plan (HM P) for the City Boat
launch project. The proposal will satisfy all HMMP conditions under the CDFG
agreement, including installation of the site and the 5-year monitoring program. The
following tasks are included; the cost estimate is for year 1 only.
Task 1: HMMP Installation
HWA will prepare planting plans and specifications for the City's public bid process and
assist the contractor with the planting plan. HWA will monitor and direct installation of
the mitigation site as per the HMMP.
Task 2-6: 5 Year monitoring program
HWA will conduct regular monitoring of the mitigation site to ensure compliance with
the HMMP. Monthly site visits (12 per year) will be conducted during the fast year of
the program to ensure the site is performing satisfactorily. The first year is the most
important is establishing any mitigation site. During years 2-5 visits will be reduced to
quarterly site visits (4 per year). During each site visit HWA will assess the status of the
site, document site conditions, monitor the site, assess maintenance activities and make
any necessary recommendations. Quarterly maintenance memos and photographs will be
prepared after each site visit documenting progress and any recommendations for site
enhancements.
Quantitative vegetation monitoring of the site will be conducted during an additional site
visit in April or May each year. The quantitative vegetation monitoring will include
species survivorship, cover values, species diversity and other data to satisfy CDFG
requirements.
29 Vacaville, Irvine, California 92602 - (714) 389-9527 - Cell (714) 287-4986 - pgalvin9@coRag* 27 of 29
An annual performance report will be prepared and submitted in April each year, starting
in April 2012. The annual report will include documentation of maintenance activities,
monitoring activities, site conditions, site success and any recommendations for site
enhancements. The report will be submitted to the City for review and approval, prior to
submittal to CDFG.
We can complete this work at a fixed cost of $17,320 for Year 1. We can start upon your
written authorization.
Thank you for the opportunity to propose on this project. If you require additional
information or if you have any questions please contact me at (714) 389-9527.
Sincerely,
HARMSWORTH ASSOCIATES
Paul Galvin, M.S.
Vice President
P'782
29 Vacaville, Irvine, California 92602 - (714) 389-9527 - Cclt (714) 287-4986 - pgalvin9@cdRmjt 28 of 29
COST PROPOSAL P782
HMMP Implementation October 18, 2011
Task 1: HMMP Installation
Personnel
Job Classification
Hours
Rate
Cost
Galvin, P
Vice Principal
16
$125.00
$2,000.00
Aragon, J
Senior Biologist
16
$80.00
$1,280.00
p menses
$250.00
Subtotal
$3,530.00
Task 2: Year 1 HMMP
Task 2a: Year 1 HMMP Monitorin
Personnel
Job Classification
Hours
Rate
Cost
Galvin, P
Vice Principal
24
$125.00
$3,000.00
B M
Vice Principal
10
$125.00
$1,250.00
Aragon J
Senior Biologist
24
$80.00
$1920.00
Expenses
$700.00
Subtotal
$6,870.00
Task 2b: Year 1 Revormt, mana ement and meetin
Personnel
Job Classification
Hours
Rate
Cost
Harmsworth,R
Principal
3
$140.00
$420.00
Galvin, P
Vice Principal
35
$125.00
$4,375.00
B M
Vice Principal
15
$125.00
$1,875.00
Expenses
$250.00
Subtotal
$6,920.00
Task 2: Year 1 HMMP SUBTOTAL $13,790.00
YEAR ITOTAL
$17,320.00
29 Vacaville, Irvine, California 92602 - (714) 389-9527 - Cell (714) 2874986 - pgalvin9@c 29 of 29