To keep you informed of any Palm Springs MDP Line 43 and Lateral 43-A RFP updates, please contactMichelle Ver Doorn at mverdoor@rcflood.org.

November 2, 2009

Request for Proposals to provide

Engineering Services for the

Palm Springs MDP Line 43 and Lateral 43-A The Riverside County Flood Control and Water Conservation District is soliciting proposals to provide engineering services for the design of Palm Springs MDP Line 43 and Lateral 43-A. All inquires and responses to the Request for Proposals (RFP) should be submitted to: Riverside County Flood Control

and Water Conservation District 1995 Market Street Riverside, CA 92501 Attention: Don Delgadillo Questions pertaining to the RFP must be in writing. The District will mail responses to written questions to all consultants receiving RFP documents. The project is located in the city of Cathedral City in Riverside County and requires the design of approximately 3,900 linear feet of an underground storm drain with the corresponding appurtenance structures. To assist you in the preparation of your proposal, we have attached the following: Attachment "A" – Project Overview/Preliminary Scope of Work Attachment "B" – Location Map Showing Approximate Limits of the Project Attachment "C" – Proposal Evaluation Criteria and Instructions Attachment "D" – Draft Engineering Services Agreement Attachment "E" – ERS/Design Project Coordination for CEQA/Section 18 Processes Please submit four (4) copies of your proposal to the District by December 7, 2009 at 4:00 p.m. See Attachment "C" for Proposal Submittal Instructions. A committee of District staff will evaluate your qualifications and develop a shortlist of qualified firms. Selected firms may be asked to appear for interviews, after which a final ranking will be made. The committee will make a recommendation for selection based on qualifications, demonstrated competence and technical response to the Request for Proposals. When the recommendation is approved by the General Manager–Chief Engineer the highest ranked firm will be invited to negotiate an engineering services contract.

PALM SPRINGS MDP LINE 43 AND LATERAL 43-A

Project Overview/Preliminary Scope of Work

ATTACHMENT "A"

Project Overview/Preliminary Scope of Work

Palm Springs MDP Line 43 and Lateral 43-A

Project No. 6-0-00163-01

1. Project Location

The proposed project is located in the city of Cathedral City in Riverside County, within Sections 32 and 33, Township 4 South, Range 5 East, San Bernardino County Baseline and Meridian. The majority of the project is parallel with or runs within East Palm Canyon Drive (State Highway 111) rights of way (see Attachment "B").

2. Existing Conditions

This project will connect the Eagle Canyon Dam outlet (42-inch pipe) to West Cathedral Canyon Channel. West Cathedral Canyon Channel is an existing unreinforced concrete lined trapezoidal channel that will serve as the outlet for Palm Springs MDP Line 43 storm drain. The whole storm drain reach is currently within a commercial area. There is curb and gutter in the streets along the proposed alignment but the upper one third reach that is located within vacant land is under City and District control.

Two catch basins are located in Kyle Road approximately 150 feet easterly of its intersection with Auto Park Road. These catch basins are interconnected with a 24-inch RCP. The southerly catch basin also receives runoff from a double 12-inch storm drain collecting flows from a parking lot and has a 42-inch RCP outlet pipe. This 42-inch storm drain continues northeasterly along Kyle Road and curves around and continues along the Mega Dealer northern property line where it picks up flows from another inlet, increasing its size to 45-inch. This 45-inch RCP is connected to West Cathedral Canyon Channel at nearly Station 55+00. These existing storm drains are shown in green on map Attachment "B".

3. District's Responsibilities

• Mapping

District will provide the Consultant with one set of design topographic mapping at a paper scale of 1" = 20', having a one-foot contour interval. Planimetrics, contours, underground utilities and right of way are included in the mapping (see No. 4 Preliminary Scope of Work for further discussion on utilities). The horizontal coordinate system is NAD-83 California Zone 6, US Survey Foot, epoch date 2000.35, and the vertical datum is NAVD-88. The mapping was compiled from aerial photographs dated April 26, 2005. This mapping will be updated by the end of

December 2009. The mapping will also be provided in digital format. Mapping linework (i.e., contours, planimetric features and manuscript) will be provided in Bentley MicroStation ver. 08.09.04.88 (.dgn). Digital terrain surfaces will be provided in three formats: a) Bentley Inroads Site ver. 08.09.02.16 (.dtm); b) LandXML ver 1.0 (.xml); and c) ASCII xyz triplets.

• Obtain access to and right of entry for all required field investigations. • Provide survey services as requested by Consultant. • Perform all right of way surveys and right of way engineering necessary to acquire all

needed right of way for project. • Prepare and file all property surveys and record maps and accomplish all right of way

negotiations and acquisitions. • Provide Consultant with copies of Bid Items List, District Drafting Manual, District

Standard Drafting Sheets, District Design Manual Standard Drawings, and District Boiler Plate for Special Provisions.

• Compile contract documents for bid advertisement and award construction contract for

project. 4. Preliminary Scope of Work 4.1. Required Services

The project consists of designing approximately 3,900 feet of an underground storm drain culminating in the delivery of final construction contract drawings. Design flow is anticipated to range from approximately 285 cfs to 480 cfs. The Consultant shall develop alternative storm drain layout alignments to help the District in the selection of the final configuration and the appropriate type of conveyance structure to be constructed, either reinforced concrete box or reinforced concrete pipe, or combination of both. The alternative alignments analysis shall be submitted to the District in a Preliminary Design Report (PDR) with recommendations for the preferred alignments. PDR shall include review of preferred alternatives in a matrix format to determine which alignment should be selected for final design. The report will include geotechnical findings, costs considerations, easement considerations, and private property impacts. PDR shall include base mapping, preliminary horizontal alignments with laterals to inlets/low points, estimated hydrology to inlets and low points, preliminary profile with existing ground surface, proposed storm drain profile with sizes, hydraulics and known utility crossings. PDR will be submitted for review and acceptance by the District prior to proceeding further with final design. In addition to the construction drawings, the Consultant shall provide bid quantities, an estimate of the construction cost, and description of special provisions as may be required for placement in construction contract documents. District staff will prepare detailed construction specifications and prepare contract documents for bid advertisement.

The proposed storm drain will be designed to safely carry the 100-year storm runoff. 4.2. Limits of the Design Reach

The current preliminary alignment for Palm Springs MDP Line 43 initiates at the proposed outlet structure at the intersection of West Cathedral Canyon Channel and the southeast corner of lot APN 687-040-031 (Mega Dealer), then northwesterly along the Mega Dealer south property line to Kyle Road, then westerly along Kyle Road to Auto Park Road, then southwesterly along Auto Park Road to East Palm Canyon Drive (State Highway 111), then northwesterly along East Palm Canyon Drive to Via Capri, then southwesterly along the vacated Via Capri to the vacated Via Allegro, then northwesterly along the vacated Via Allegro to the intersection with the Eagle Canyon Dam interim outlet channel, then southwesterly along the interim outlet channel to its connection with the Eagle Canyon Dam outlet structure (42-inch RCP) for a total length of approximately 3,750 feet.

Lateral 43-A starts at the intersection of East Palm Canyon Drive with Sierra Road where the proposed storm drain joins Line 43, then it goes southwesterly some 150 feet along Sierra Road where Lateral 43-A ends.

See Attachment "B" for limits of the project design. 4.3. Geotechnical Investigation

The purpose of this investigation is to explore and evaluate the geotechnical conditions in and along the storm drain alignment, and to provide geotechnical engineering recommendations for design and construction of the storm drain and its appurtenance structures.

Geotechnical investigation will be part of the Engineering Services Agreement. The consultant and its Geotechnical Sub-consultant, in coordination with the District, shall determine the location and type of soil investigation required for design and construction.

The storm drains will have approximately 2 to 12 feet of cover. Mainline pipe size estimates vary from 42-inch to a 72-inch in diameter, as well as a 6-feet in height reinforced concrete box with variable width. Borings along the alignment of the mainline will be required for this project. Boring spacing shall be minimum 500' to maximum 1000', depending on soil condition. Depth of boring shall be at least 10' below proposed flow line.

The deliverable shall be a final report summarizing the scope of work and providing design recommendations and documentation of all data as well as recommendations on how to handle any unusual soil and groundwater conditions encountered. Six (6) copies of the final Geotechnical Investigation report stamped and signed by a registered Geotechnical Engineer in the State of California shall be submitted to the District.

The proposal will include the recommended number of borings, boring locations and depth.

The final report should address, but is not limited to, the following: 1. Overall feasibility; 2. Soil types/soil logs; 3. Geologic setting/seismicity condition of the area; 4. Excavation characteristics; 5. Suitability of on-site materials as related to applicability/feasibility of jetting; 6. Description of groundwater, site and subsurface conditions; 7. Recommendations for unusual soil conditions or groundwater conditions during

construction, if encountered; 8. Soil compressibility, preliminary soil strength; 9. Soluble sulfate analysis and corrosion protection requirements; 10. Trenching and shoring design criteria.

Specific design parameters that will be determined for the pipes and boxes installation include, but are not limited to:

1. Allowable bearing pressure; 2. Design lateral earth pressures; 3. Shoring/trench safety; 4. Coefficient of friction; 5. Sand Equivalent values and soil density; 6. Site Preparation including compaction requirements and compaction characteristics

of native soil; 7. Shrinkage and subsidence; 8. Corrosion protection recommendations; 9. Design parameters for specific structures.

Consultant shall be responsible for obtaining all necessary permits from the City of Cathedral City for borings within the public right of way, prior to starting the subsurface investigation.

4.4. Hydrology and Hydraulic Design

Consultant will prepare a hydrology study for the mainline storm drain. The hydrology analysis and report for the local watershed shall use the Rational Method as outlined in the District's Hydrology Manual. The hydrology analysis will focus on evaluating the flow rates tributary to runoff pick up locations for the ultimate conditions. The storm drain system shall be designed such that the 100-year peak flows are fully contained in the system. Consultant shall perform the necessary catch basin hydrology and street capacity calculations to determine the catch basin locations. Inlet structures shall be located within the existing public right of way and shall be designed according to City/County standards. All inlets shall be designed to capture their 100-year tributary drainage area flows and convey the storm flows to mainline throughout connector pipes.

A water surface profile reflecting the various junctions and transitions will be prepared to verify the storm drain design. Friction losses shall be calculated by an accepted form of the Manning's equation. The Manning's roughness coefficient "n" will be a function of the alignment, shape, type of surface roughness and obstructions. Confluence or junctions shall be evaluated by the pressure plus momentum theory, and shall conform to Section B-5.1 of the Los Angeles Hydraulic Manual (1982). Connector pipes shall be designed to meet the requirements for the storm drain. Hydraulic calculations using WSPG shall be performed by Consultant to model West Cathedral Canyon Channel to establish the water surface control elevation.

Consultant shall evaluate and recommend protection requirements, including reconstruction of a portion of West Cathedral Canyon Channel, proper transitions, revetments, and/or energy dissipator structures for the proposed outlet connection with the channel.

Consultant shall document analyses and design with calculation sheets or computerized hydrology/hydraulic analyses using District approved softwares.

4.5. Structures

Inlet structures shall be designed to City/County Standards. The outlet structure and any other concrete structure that requires structural analysis (non-standard structures) shall be in accordance with the appropriate codes for the materials, design loads, stability and allowable stresses.

Any proposed revetment or stabilizer shall be designed according the criteria set forth in the U.S. Army Corps of Engineers Publication EM 1110-2-1601 "Hydraulic Design of Flood Control Channels", most current edition.

4.6. Utilities

The Consultant will be required to coordinate their design with all affected utility agencies. The Consultant will interact with project personnel from the District and affected utilities for the protection in place, potholing, or relocations of surveyed impacted utilities. Plans for the relocation of utilities shall be completed in coordination with the District and affected agencies. The District's base mapping for this project was compiled in 2005. The District will make all utility plans and other information such as Survey notes available to the selected firm.

4.7. Caltrans

The Consultant shall investigate with Caltrans the possibility for the storm drain design to either run parallel and/or cross State Highway 111 (East Palm Canyon Drive) rights of way. This feasibility shall be discussed in the PDR. The Consultant will be required to coordinate their design with Caltrans to secure an encroachment permit from the State, if needed.

4.8. Potholing

The purpose of the potholing is to identify the horizontal and vertical positioning of the existing utilities along the storm drain alignment.

The potholing shall be part of the Engineering Services Agreement. The Consultant will coordinate with the District to determine the locations where potholing is required.

4.9. CEQA and Permit Application Package

The Consultant shall prepare and assemble items listed within Part A (CEQA) and Part B (Section 18) of Attachment "E" (District's ERS/Design Project Coordination Memorandum, dated January 8, 2008). All items will be assembled into a comprehensive package to be presented to the District's ERS Section for their use in preparing CEQA and Section 18 documents for this project.

4.10. Miscellaneous

The Consultant shall calculate and submit the necessary quantities and cost estimate for the project, as well as the recommended special provisions. The Consultant shall prepare, as part of the design drawings, traffic control plans for use during construction of the proposed storm drain. The Consultant shall also delineate the necessary extra ROW for the storm drain on plats for use by the District. All drafting shall conform to the District's Drafting Manual, current edition. A copy of all electronic drafting files shall be provided to the District in MicroStation format.

PALM SPRINGS MDP LINE 43 AND LATERAL 43-A

Location Map Showing Approximate Limits of the Project

ATTACHMENT "B"

PALM SPRINGS MDP LINE 43 AND LATERAL 43-A

Proposal Evaluation Criteria and Instructions

ATTACHMENT "C"

Proposal Evaluation Criteria and Instructions

Evaluation of Proposals: All responses to this Request for Proposals become the property of the District. The District will select a Consultant from among those submitting Proposals. Selection will be based on the evaluation criteria set forth below. After the District has selected a Consultant or Consultants, the District and Consultant will negotiate a Contract(s) for submission to the Board of Supervisors for their consideration and possible approval. The District may require whatever evidence it deems necessary relative to the Consultant's financial stability. The District reserves the sole right to judge the Consultant's representation, either written or oral. District may make onsite inspections of Consultant's current jobs. The District may at its option, invite one or more of the Consultants to make a presentation to the evaluation committee before a final selection is made. Proposal must be in the following format:

• Proposal to be bound on 11" side-binding style to be determined by submitter. • Paper size to be 8.5" x 11" (except the organizational chart, project schedule and

improvement plans – not to exceed 11" x 17"). • Font size used for all documents (except the organizational chart, project schedule and

improvement plans) to be a minimum of 8 point. • Proposal shall be no more than 25 pages (excluding sample plans).

Required Content:

• Work Plan of Action/Recommended Scope of Work. • Proposed Project Team with Key Personnel and their Qualifications. • A Generalized Schedule. • A Description of Similar Flood Control Projects Designed by your Firm. • Sample Plans for a Similar Project. • A list of References. • An acknowledgement that the Consultant has read the Draft Engineering Services

Agreement and can comply with Section 14 "Insurance". • A man hour estimate for the Work Plan of Action. This estimate shall show durations that

various job classifications will be devoted to the separate subtasks and sub-deliverables in the Work plan of Action. When sub-tasks or deliverables are to be provided by sub-consultants on a lump sum basis, a separate sealed envelope shall be provided to accompany the man-hour estimate. A rate schedule for all job classifications mentioned in the man-hour estimate shall be provided in a separate sealed envelope.

Evaluation Criteria: The evaluation criteria to be used in the selection process will include, but are not limited to the following considerations: 1. Proposals will first be reviewed on a Pass/Fail basis. Proposals not meeting all these

requirements may be rejected as non-responsive: a. Proposal is post-marked prior to the deadline for submission of the Proposal. b. Proposals show an ability to meet the insurance requirements. 2. Consultants will be evaluated separately as to each area. Proposals passing the first step

will be evaluated based on the following: a. Past Performance

The District may check the Consultant's references for overall satisfaction with Consultant's services. Consultant's references should include current contract names and telephone numbers.

b. Qualifications

The evaluation of Consultant's capability shall include a review of information about the Consultant's experience, financial strength, organization, key personnel, training, certification and other relevant information, with greatest weight given to key personnel's experience of scope and nature similar to the service requested in this Request for Proposals.

c. Relevant Experience

An important factor in selection will be demonstration of past experience with projects involving drainage in which the key project personnel had a significant role. Client references for past projects are expected. Include one set of improvement plans for one project. Of particular importance is key personnel's familiarity and knowledge with the District's Hydrology Manual, Standard Drawings, Drafting Manual, and design standards and procedures. The key personnel should have developed good working relationships with District staff. The Consultant shall have the ability and willingness to respond to District requirements.

d. Work Plan of Action

Factors to determine the adequacy and effectiveness of Consultant's methods to conduct and accomplish a successful program as specified in the Scope of Work will include, but are not limited to equipment, work methodology, techniques, activity coordination, size and appropriateness to geographic area, training, certification, the project team makeup and proposed schedule.

e. Man-hour Estimate The Man-hour Estimate will be used to gauge the Consultant's estimated level of effort for the various elements of the work plan and to evaluate the Consultant's understanding of the subtasks.

f. Sealed Rate Schedule

The Rate Schedule will not be opened until a Consultant has been selected and will be used to establish costs during final contract negotiations.

PALM SPRINGS MDP LINE 43 AND LATERAL 43-A

Draft Engineering Services Agreement

ATTACHMENT "D"

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CONSULTING SERVICES AGREEMENT

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION

DISTRICT, hereinafter called "DISTRICT", and [FIRM NAME], hereinafter called

"CONSULTANT", hereby agree as follows:

1. PROJECT

CONSULTANT shall perform professional engineering services for DISTRICT'S Palm

Springs MDP Line 43, Stage 1, and Lateral 43-A, Project No. 6-0-00163, hereinafter called

"PROJECT", as further described in CONSULTANT'S "Scope of Work" attached hereto as

Attachment "A" and made a part hereof. PROJECT limits are shown in concept in Attachment

"D" attached hereto and made a part hereof.

2. SCOPE OF SERVICES

DISTRICT hereby retains CONSULTANT, as an independent contractor, to furnish all

technical and professional services including expertise, labor, material, equipment,

transportation, supervision, and other incidental services to fully and adequately perform and

complete in a skillful and professional manner those engineering services set forth in

Attachment "A", and CONSULTANT agrees to perform said services within the time limits

specified herein.

By entering into this Agreement, CONSULTANT assumes responsible charge of the work

pursuant to Section 6703 of the Professional Engineers Act; Chapter 7 of the Business and

Professions Code, and shall be wholly responsible for the completeness and accuracy of all data,

plans, specifications and estimates prepared pursuant to this Agreement, and shall check all such

material accordingly.

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3. TIME FOR PERFORMANCE

CONSULTANT agrees that it will diligently and responsibly pursue the performance of

work and services in accordance with the Project Schedule attached hereto as Attachment "C"

and made a part hereof.

CONSULTANT shall not commence performance of any work or services, for any reason

whatsoever, until DISTRICT has provided CONSULTANT with written Notice to Proceed

authorizing CONSULTANT to initiate work pursuant to this Agreement. CONSULTANT shall

diligently perform the services to full completion within [number of days in letters (XXX)]

consecutive calendar days after the date of receipt of said Notice to Proceed. No payment will

be made for any work or services performed prior to issuance of said Notice to Proceed.

4. ENGINEERING SERVICES

A. Description of Services

Engineering services to be performed by CONSULTANT shall consist of: (1)

Design Services, including preparation of PROJECT plans, bid items, material

quantities, engineer's cost estimate, and specifications necessary to accomplish

construction of PROJECT pursuant to a DISTRICT administered public works

construction contract; and (2) Special Services, to include certain ancillary tasks

including but not limited to geotechnical investigation, hydraulic design and scour

analysis, bridge/culvert conceptual design, bridge/culvert structural design, utility

coordination, traffic control plan, and right of way engineering as described in

Attachment "A".

B. Design Criteria and Standards

All work shall be performed in accordance with DISTRICT standards and any

special criteria established by DISTRICT for PROJECT. All deliverables prepared

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by CONSULTANT pursuant to this Agreement shall be prepared in accordance

with current DISTRICT practices, regulations, policies, procedures, manuals and

standards. Where applicable, those portions of the work dealing with the redesign

and relocation of utilities shall conform to the utility owner's standards. All

deliverables shall be subject to review and approval by DISTRICT and the utility

owner(s), as applicable.

Services provided by CONSULTANT under this Agreement shall be

performed in a manner consistent with that degree of care and skill ordinarily

exercised by members of the same profession currently practicing under similar

circumstances.

C. Control Surveys and Topographic Mapping

Unless otherwise specified herein, DISTRICT shall provide primary survey

control monuments including both horizontal (California Coordinate System) and

vertical control positions and shall perform all right of way surveys and right of way

engineering necessary to construct PROJECT. DISTRICT shall provide

CONSULTANT with its existing topographic mapping for PROJECT in the form of

a digital terrain model (DTM).

D. Identification / Location of Utilities

DISTRICT shall contact known utility providers, request information on the

existence of utilities in the vicinity of PROJECT and provide CONSULTANT with

any available preliminary information it may obtain concerning the existence of

existing above and below ground utilities that may affect PROJECT'S design and

construction.

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CONSULTANT shall:

(1) Gather any additional information necessary to make a final

determination concerning the location of all utilities that may affect, or

be affected by, construction of PROJECT; and

(2) On the basis of information and documents of record provided to

CONSULTANT, properly show, identify and describe the disposition

of all utilities that may affect, or be affected by, construction of

PROJECT on the preliminary and final plans.

E. Utility Relocations

DISTRICT shall be responsible for accomplishing all utility relocations.

F. Geotechnical Investigations and Analyses

CONSULTANT shall:

(1) Determine the appropriate types of soil investigations necessary to

prepare PROJECT design including locations of any required soil

borings. Said geotechnical investigations shall be accomplished during

the preparation of the preliminary design report and the 30% design

plans; and

(2) Conduct geotechnical investigations and perform analyses as necessary

to determine the adequacy of PROJECT'S geotechnical design

parameters including but not limited to determination of appropriate

bedding material, subdrainage requirements, and conditions which may

be encountered in excavation and maintaining open cuts in accordance

with State safety regulations and requirements during PROJECT

construction.

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G. Design Discharges

CONSULTANT shall prepare a hydrology study for the mainline storm drain

and evaluate flow rates tributary to runoff pick up locations for the ultimate

conditions. CONSULTANT shall also provide catch basin or inlet hydrology, as

necessary, to determine peak design discharges for PROJECT. The storm drain

shall be designed to safely carry the 100-year storm runoff.

H. Project Rights of Way

To the extent practicable and feasible, CONSULTANT shall design

PROJECT to fit within the limits of existing publicly owned rights of way. Where

improvements must extend outside of existing publicly owned rights of way, or

where temporary construction easements are required, CONSULTANT shall

delineate on PROJECT plans, or a separately prepared map, CONSULTANT'S

recommended right of way requirements.

Except as otherwise provided in Attachment "A", DISTRICT shall prepare

and file all property surveys and record maps and, accomplish all right of way

negotiations and acquisitions.

I. Approval of Plans and Specifications

Following DISTRICT'S written approval of PROJECT'S preliminary design

report, CONSULTANT shall prepare the final plans and specifications, including a

final construction cost estimate and shall submit two complete sets of final plans

and specifications to DISTRICT for review and approval.

At the time the final plans and specifications are approved by DISTRICT,

CONSULTANT shall sign and stamp specifications and all original mylar sheets

and transfer all PROJECT documentation to DISTRICT.

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J. Quality Control

CONSULTANT shall implement and maintain quality control procedures

throughout all phases of PROJECT plan preparation. CONSULTANT shall

demonstrate appropriate quality control procedures during the entire time services

are being performed under this Agreement. All PROJECT plans, calculations and

documentation shall be independently checked, corrected and back-checked, and all

pertinent job related correspondence and memoranda shall be bound in appropriate

job files. Evidence that the quality control plan is functional shall be provided to

DISTRICT. All plans, calculations, documents and other items submitted to

DISTRICT for review shall be initialed by CONSULTANT'S project manager, or

his designee, as being fully checked and that the preparation of the material

followed the quality control plan established for the work.

K. Reproduction

DISTRICT shall be responsible for all document reproduction necessary to

advertise PROJECT for bids and administer PROJECT construction.

CONSULTANT shall be responsible for all document reproduction necessary to

prepare PROJECT submittals for DISTRICT review and approval, and any other

document reproduction necessary to prosecute the work pursuant to this Agreement

or to assist utility companies and/or other public agencies with their review of

PROJECT.

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5. ASSISTANCE BY CONSULTANT DURING BIDDING AND CONSTRUCTION

PERIODS

Upon DISTRICT'S approval of final plans and specifications, and providing sufficient

funds are available, DISTRICT will undertake the timely advertisement of PROJECT for

competitive bids and subsequent award of a public works construction contract.

DISTRICT shall be solely responsible for responding to all inquiries from prospective

bidders during the bidding period. CONSULTANT shall refer any PROJECT bid inquiries to

DISTRICT for response. Additionally, DISTRICT shall be solely responsible for conducting

any PROJECT pre-construction meetings and answering all questions that may be raised

therein.

During PROJECT bidding and construction periods, CONSULTANT shall provide office

and field assistance as deemed necessary and requested by DISTRICT to accomplish PROJECT

bidding and construction, including but not limited to attending PROJECT pre-construction

meetings, instances where a conflict or lack of clarity may be present in the PROJECT plans or

where conditions encountered during PROJECT construction are different from those shown or

indicated on the plans.

DISTRICT shall be solely responsible for PROJECT contract administration, review of

shop drawings, construction surveys and inspection.

6. CONSULTANT'S COMPENSATION AND PAYMENT

CONSULTANT'S compensation and payment shall be for actual services provided in an

amount not to exceed [amount in letters ($XXX,XXX.00)]. All billings shall be in accordance

with CONSULTANT'S "Scope of Work", attached hereto as Attachment "A", and "Fee

Schedule", attached hereto as Attachment "B" and made a part hereof. CONSULTANT shall

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invoice DISTRICT for "Deliverable Items" as shown in Attachment "B" based on a lump sum

not to exceed for each deliverable upon delivery or performance of said items.

Upon satisfactory performance of the services as set forth herein, DISTRICT shall make

payment to CONSULTANT within thirty (30) days of receipt of appropriate invoice(s) from

CONSULTANT. CONSULTANT shall keep employee and expense records according to

customary accounting methods and such records shall, upon request, be made available for

inspection by DISTRICT to verify CONSULTANT'S invoices. All invoices shall itemize

charges to conform to the item(s) of work as set forth in Attachment "B".

Attached with CONSULTANT'S invoice, CONSULTANT shall submit a Progress Report

indicating the project status in relation to the Project Schedule and an updated project schedule

if required. Failure to submit the Progress Report shall be deemed cause for DISTRICT to

withhold payment of CONSULTANT'S invoice.

7. SUBCONTRACTING

CONSULTANT may, at CONSULTANT'S own expense, employ special consultants to

accomplish the work covered by this Agreement; however, except as specifically provided in

Attachment "A" or as expressly identified in this Agreement, no portion of the services pertinent

to this Agreement shall be subcontracted without prior written approval and authorization by

DISTRICT.

In the event CONSULTANT subcontracts any portion of CONSULTANT'S duties under

this Agreement, CONSULTANT shall require its subcontractors to comply with the terms of

this Agreement in the same manner as required of CONSULTANT. The fact that

CONSULTANT employs special consultants not in his regular employ shall not relieve

CONSULTANT of any responsibility regarding the adequacy of the special consultant's designs

or other work performed pursuant to this Agreement.

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8. TERMINATION

This Agreement may be terminated by either CONSULTANT or DISTRICT upon written

notice to the other party in the event of substantial failure of performance by the other party.

DISTRICT may terminate this Agreement at any time should CONSULTANT fail to perform

the work as required. In the event of such termination, CONSULTANT shall be paid for work

completed and delivered to DISTRICT in a timely and successful manner after receipt of

notification and DISTRICT may proceed with the work in any manner deemed proper by

DISTRICT.

DISTRICT also reserves the right to terminate this Agreement at DISTRICT'S sole

discretion and without cause upon fourteen (14) calendar day's written notice to

CONSULTANT. In the event of such termination, CONSULTANT is entitled to payment (in

accordance with Attachment "B") for all services performed in accordance with this Agreement

up to and including the date written notice of Agreement termination is received by

CONSULTANT.

In the event of termination of this Agreement, upon demand, CONSULTANT shall

immediately deliver to DISTRICT all notes, studies, reports, plans, drawings and all other

materials and documents prepared by CONSULTANT or provided by DISTRICT pursuant to

this Agreement. All such documents and materials shall be the property of DISTRICT.

9. ERRORS AND OMISSIONS

In the event of errors or omissions in the plans, specifications or any work product which

result in expense to DISTRICT greater than would have resulted if there were no errors or

omissions in the plans, the additional engineering, construction and/or restoration expense shall

be borne solely by CONSULTANT.

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10. DISPUTES

A. In the event CONSULTANT considers any work demanded of CONSULTANT to

be outside the requirements of this Agreement, or if CONSULTANT considers any

order, instruction or decision of DISTRICT to be unfair, CONSULTANT shall

promptly, upon receipt of such order, instruction or decision, ask for a written

confirmation of the same whereupon CONSULTANT shall proceed without delay

to perform the work or to conform to the order, instruction or decision. However, if

CONSULTANT finds such order, instruction or decision unsatisfactory,

CONSULTANT shall, within twenty-one (21) calendar days after receipt of same,

file a written protest with DISTRICT stating clearly and in detail its objections and

reasons therefor. Except for such protests or objections as are made of record in the

manner specified and within the time stated herein, and except for such instances

where the basis of a protest could not reasonably have been foreseen by

CONSULTANT within the time limit specified for protest, CONSULTANT hereby

waives all grounds for protests or objections to orders, instruction or decisions of

DISTRICT and hereby agrees that, as to all matters not included in such protests,

the orders, instructions and decisions of DISTRICT will be limited to matters

properly falling within DISTRICT'S authority.

B. Any controversy or claim arising out of or relating to this Agreement which cannot

be resolved by mutual agreement may be settled by arbitration, provided that the

parties hereto mutually agree to submit to arbitration.

C. Neither the pendency of a dispute nor its consideration by arbitration shall excuse

CONSULTANT from full and timely performance in accordance with the terms of

this Agreement.

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11. LICENSES

At all times while performing services under this Agreement, CONSULTANT, its

employees, agents, contractors and subcontractors shall maintain professional licenses as

required by the laws of the State of California including but not limited to Chapter 7 of the

Business and Professions Code (Professional Engineers Act).

12. PERMITS AND RIGHTS OF ENTRY

DISTRICT shall obtain all rights of entry as may be required to perform the proposed

services within and upon privately-owned property. All permits and rights of entry as may be

required from any and all affected public entities shall be obtained by CONSULTANT.

Sufficient evidence of having obtained such permits and/or rights of entry shall be furnished to

DISTRICT by CONSULTANT, prior to initiation of any work occurring within public rights of

way. CONSULTANT shall prosecute the work in such a manner as to minimize public

inconvenience and possible hazard, and shall restore the streets and other work areas to their

original condition and former usefulness as soon as practicable. CONSULTANT shall be

responsible for the protection of public and private property adjacent to the work and shall

exercise due caution to avoid damage to such property.

13. INDEPENDENT CONTRACTOR

CONSULTANT and the agents and employees of CONSULTANT, shall act at all times

in an independent capacity during the term of this Agreement and in the performance of the

services to be rendered hereunder and shall not act as or shall not be and shall not in any manner

be considered to be employees or agents of DISTRICT.

14. INSURANCE

Without limiting or diminishing CONSULTANT'S obligation to indemnify or hold

DISTRICT harmless, CONSULTANT shall procure and maintain or cause to be maintained, at

- 12 -

its sole cost and expense, the following insurance coverages throughout the term of this

Agreement:

Workers' Compensation

If CONSULTANT has employees as defined by the State of California, CONSULTANT

shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws

of the State of California. Policy shall include Employer's Liability (Coverage B)

including Occupational Disease with limits not less than $1,000,000 per person per

accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT, and, if

applicable, to provide a Borrowed Servant/Alternate Employer endorsement.

Commercial General Liability

Commercial General Liability insurance coverage, including but not limited to, premises

liability, contractual liability, completed operations, personal and advertising injury

covering claims which may arise from or out of CONSULTANT'S performance of its

obligations hereunder. Policy shall name the Riverside County Flood Control and Water

Conservation District, the County of Riverside, special districts, their respective directors,

officers, Board of Supervisors, elected officials, employees, agents or representatives as

additional insureds. Policy's limit of liability shall not be less than $1,000,000 per

occurrence combined single limit. If such insurance contains a general aggregate limit, it

shall apply separately to this Agreement or be no less than two (2) times the occurrence

limit.

Vehicle Liability

If CONSULTANT'S vehicles or mobile equipment are used in the performance of the

obligations under this Agreement, CONSULTANT shall maintain liability insurance for

all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per

- 13 -

occurrence combined single limit. If such insurance contains a general aggregate limit, it

shall apply separately to this Agreement or be no less than two (2) times the occurrence

limit. If CONSULTANT does not own vehicles, CONSULTANT shall maintain coverage

for non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence

combined single limit. Such non-owned or hired coverage may be included on the

Commercial General Liability policy. Policy shall name the Riverside County Flood

Control and Water Conservation District, the County of Riverside, special districts, their

respective directors, officers, Board of Supervisors, elected officials, employees, agents,

or representatives as additional insureds.

Professional Liability

CONSULTANT shall maintain Professional Liability Insurance providing coverage for

CONSULTANT'S performance of work included within this Agreement, with a limit of

liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If

CONSULTANT'S Professional Liability Insurance is written on a claims made basis

rather than an occurrence basis, such insurance shall continue through the term of this

Agreement and CONSULTANT shall purchase at its sole expense either 1) an Extended

Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a

new insurer with a date retroactive to the date of, or prior to, the inception of this

Agreement; or, 3) demonstrate through Certificates of Insurance that CONSULTANT has

maintained continuous coverage with the same or original insurer. Coverage provided

under items; 1), 2) or 3) will continue for a period of three (3) years beyond the

termination of this Agreement.

- 14 -

General Insurance Provisions – All Lines

a. Any insurance carrier providing insurance coverage hereunder shall be

admitted to the State of California and have an A.M. BEST rating of not less

than an A: VIII (A: 8) unless such requirements are waived, in writing, by the

County Risk Manager. If the County's Risk Manager waives a requirement for

a particular insurer such waiver is only valid for the specific insurer and only

for one policy term.

b. CONSULTANT'S insurance carrier(s) must declare its insurance deductibles

or self-insured retentions. If such deductibles or self-insured retentions exceed

$500,000 per occurrence such deductibles and/or retentions shall have the

prior written consent of the County Risk Manager before the commencement

of operations under this Agreement. Upon notification of deductibles or self-

insured retentions which are deemed unacceptable to the DISTRICT, at the

election of the County's Risk Manager, CONSULTANT'S carriers shall either;

1) reduce or eliminate such deductibles or self-insured retentions with respect

to this Agreement with DISTRICT, or 2) procure a bond which guarantees

payment of losses and related investigations, claims administration, defense

costs and expenses.

c. CONSULTANT shall cause their insurance carrier(s) to furnish DISTRICT 1)

a properly executed original certificate(s) of insurance and original certified

copies of endorsements effecting coverage as required herein; or, 2) if

requested to do so orally or in writing by the County Risk Manager, provide

original certified copies of policies including all endorsements and all

attachments thereto, showing such insurance is in full force and effect.

- 15 -

Further, said certificate(s) and policies of insurance shall contain the covenant

that the insurance carrier(s) shall provide no less than thirty (30) days written

notice be given to DISTRICT prior to any material modification or

cancellation of such insurance. In the event of a material modification or

cancellation of coverage, this Agreement shall terminate forthwith, unless

DISTRICT receives, prior to such effective date, another properly executed

original certificate of insurance and original copies of endorsements or

original certified policies, including all endorsements and attachments thereto,

evidencing coverages and the insurance required herein is in full force and

effect. Individual(s) authorized by the insurance carrier to do so on its behalf

shall sign the original endorsements for each policy and the certificate of

insurance.

d. CONSULTANT shall not commence operations until DISTRICT has been

furnished with original certificate(s) of insurance and original certified copies

of endorsements or policies of insurance including all endorsements and any

and all other attachments as required in this Section.

e. It is understood and agreed by the parties hereto and CONSULTANT'S

insurance company(s), that the certificate(s) of insurance and policies shall so

covenant and shall be construed as primary insurance, and DISTRICT'S

insurance and/or deductibles and/or self-insured retentions or self-insured

programs shall not be construed as contributory.

f. If, during the term of this Agreement or any extension thereof, there is a

material change in the scope of services; or there is a material change in the

equipment to be used in the performance of the scope of work which will add

- 16 -

additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or

the term of this Agreement, including any extensions thereof, exceeds five (5)

years, the County reserves the right to adjust the types of insurance required

under this Agreement and the monetary limits of liability for insurance

coverage's currently required herein, if, in the County Risk Manager's

reasonable judgment, the amount or type of insurance carried by the

CONSULTANT has become inadequate.

g. CONSULTANT shall pass down the insurance obligations contained herein to

all tiers of subcontractors working under this Agreement.

h. The insurance requirements contained in this Agreement may be met with a

program(s) of self-insurance acceptable to DISTRICT.

i. CONSULTANT agrees to notify DISTRICT of any claim by a third party or

any incident or event that may give rise to a claim arising from the

performance of this Agreement.

15. INDEMNITY AND HOLD HARMLESS

CONSULTANT shall indemnify and hold harmless DISTRICT (including its directors,

officers, Board of Supervisors, elected and appointed officials, employees, agents and

representatives) from any liability, claim, damage, proceeding or action, present or future, based

upon, arising out of or in any way relating to CONSULTANT'S (including its officers,

employees, subcontractors and agents) actual or alleged negligent, reckless or willful

misconduct acts or omissions related to this Agreement, performance under this Agreement, or

failure to comply with the requirements of this Agreement, including but not limited to: (a)

property damage; (b) bodily injury or death; or (c) any other element of any kind or nature

whatsoever.

- 17 -

CONSULTANT shall defend, at its sole expense, including all costs and fees (including

but not limited to attorney fees, cost of investigation, defense and settlements or awards),

DISTRICT (its Board of Supervisors, elected and appointed officials, employees, agents and

representatives) in any claim, proceeding or action for which indemnification is required.

With respect to any of CONSULTANT'S indemnification requirements, CONSULTANT

shall, at its sole cost, have the right to use counsel of their own choice and shall have the right to

adjust, settle, or compromise any such claim, proceeding or action without the prior consent of

DISTRICT; provided, however, that such adjustment, settlement or compromise in no manner

whatsoever limits or circumscribes CONSULTANT'S indemnification obligations to

DISTRICT.

CONSULTANT'S indemnification obligations shall be satisfied when CONSULTANT

has provided to DISTRICT the appropriate form of dismissal (or similar document) relieving

DISTRICT from any liability for the claim, proceeding or action involved.

The specified insurance limits required in this Agreement shall in no way limit or

circumscribe CONSULTANT'S obligations to indemnify and hold harmless DISTRICT from

third party claims.

In the event there is conflict between this section and California Civil Code Section 2782,

this section shall be interpreted to comply with Civil Code 2782. Such interpretation shall not

relieve the CONSULTANT from indemnifying DISTRICT or the County of Riverside to the

fullest extent allowed by law.

16. WORK PRODUCT

The plans, designs, estimates, calculations, specifications, computer files, field notes,

drawings, reports and other documents furnished in accordance with this Agreement shall meet

- 18 -

the criteria for acceptance and be a product of neat appearance, well organized and contents

shall be of similar types produced by DISTRICT and applicable utilities.

Upon completion of all work under this Agreement, ownership and title to all plans,

designs, estimates, calculations, specifications, computer files, field notes, drawings, reports and

other documents produced as part of this Agreement will automatically be vested in DISTRICT

and no further Agreement will be necessary to transfer ownership to DISTRICT.

17. CONFIDENTIALITY OF DATA

All financial, statistical, personal, technical or other data and information which is

designated confidential by DISTRICT and subsequently made available to CONSULTANT

shall not be disclosed (in whole or in part) by CONSULTANT to any third parties and shall be

protected by CONSULTANT from unauthorized use and disclosure. The only exception to this

shall be if disclosure is approved in advance in writing by DISTRICT or if the disclosure is

made to CONSULTANT'S subcontractors as anticipated by this Agreement.

CONSULTANT shall not issue any news release or public relations item regarding

designated confidential information or CONSULTANT'S work under this Agreement, without

prior review of the contents and written approval by DISTRICT.

These same requirements shall be applicable to any of CONSULTANT'S subcontractors.

CONSULTANT shall include the requirements stated in this section in the agreement with any

of its subcontractors.

18. TIME EXTENSIONS

Any delay in providing PROJECT services required by this Agreement, occasioned by

causes beyond the control and not due to the fault or negligence of CONSULTANT, shall be

deemed reason for granting an extension of time for the completion of the aforesaid work. If

such delay occurs, CONSULTANT shall promptly notify DISTRICT in writing of the cause and

- 19 -

of the extent of the delay whereupon DISTRICT shall ascertain the facts and the extent of the

delay and grant an extension of time for the completion of the work when, in DISTRICT'S sole

judgment, their findings of fact justify such an extension of time.

19. ASSIGNMENT

Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without

the prior written consent of DISTRICT.

20. JURISDICTION/LAW/SEVERABILITY

This Agreement is to be construed in accordance with the laws of the State of California.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,

void or unenforceable, the remaining provisions shall be declared severable and shall be given

full force and effect to the extent possible.

Any legal action, in law or in equity related to the performance or interpretation of this

Agreement shall be filed only in the Superior Court of the State of California located in

Riverside, California, and the parties waive any provision of law providing for a change of

venue to another location. Prior to the filing of any legal action, the parties shall be obligated to

attend a mediation session with a neutral mediator or try to resolve the dispute.

21. WAIVER

Any waiver by DISTRICT of any breach of any one or more of the terms of this

Agreement shall not be construed to be a waiver of any subsequent or other breach of the same

or of any other term thereof. Failure on the part of DISTRICT to require exact, full and

complete compliance with any terms of this Agreement shall not be construed as in any manner

changing the terms hereof, or estopping DISTRICT from enforcement hereof.

- 20 -

22. CONFLICT OF INTEREST

CONSULTANT warrants, by execution of this Agreement, that no person or selling

agency has been employed or retained to solicit or secure this Agreement upon an agreement or

understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide

employees or bona fide established commercial or selling agencies maintained by

CONSULTANT for the purpose of securing business. For breach or violation of this warranty,

DISTRICT has the right to annul this Agreement without liability, pay only for the value of the

work actually performed, or in its discretion to deduct from the Agreement price or

consideration, or otherwise recover, the full amount of such commission, percentage, brokerage

or contingent fee. CONSULTANT may be requested to complete a Conflict of Interest

Statement prior to, during or after execution of this Agreement. CONSULTANT understands

that as a condition of this Agreement, CONSULTANT agrees to complete the Conflict of

Interest Statement when requested to do so by DISTRICT.

23. MODIFICATIONS

This Agreement may be amended or modified only by mutual written agreement of the

parties. No alteration or variation of the terms of this Agreement will be valid unless made in

writing and signed by the parties hereto and no oral understanding or agreement not

incorporated herein will be binding on any of the parties hereto.

24. RECORD RETENTION/AUDITS

Upon completion of each assignment, as determined by DISTRICT, CONSULTANT shall

deliver all work products to DISTRICT for retention. CONSULTANT shall be relieved of its

records retention requirements three years after expiration of the term of this Agreement or

completion of any audit commenced within the three year period.

- 21 -

25. NON-DISCRIMINATION

In the performance of the terms of this Agreement, CONSULTANT shall not engage in

nor permit others he may employ to engage in discrimination in the employment of persons

because of the race, color, national origin or ancestry, religion, physical handicap, medical

condition, marital status, age or sex of such persons, in accordance with the provision of

California Labor Code Section 1735.

In the event of CONSULTANT'S noncompliance with the nondiscrimination provisions

of this Agreement, DISTRICT shall impose such sanctions as it determines to be appropriate,

including, but not limited to:

- Withholding of payments to CONSULTANT under this Agreement until

CONSULTANT achieves compliance;

- Cancellation, termination or suspension of the Agreement in whole or in part.

CONSULTANT shall include the nondiscrimination and compliance provisions of this

clause in all subcontracts to perform work under this Agreement.

26. NOTICES

Any notices sent or required to be sent to either party shall be mailed to the following

addresses:

RIVERSIDE COUNTY FLOOD CONTROL [FIRM NAME] AND WATER CONSERVATION DISTRICT [FIRM ADDRESS] 1995 Market Street [CITY, STATE, ZIP CODE] Riverside, CA 92501 Attn: [Name of Firm's Rep] 27. NON-APPROPRIATION OF FUNDS

It is mutually agreed and understood that the obligations of DISTRICT are limited by and

contingent upon the availability of DISTRICT funds for the reimbursement of

CONSULTANT'S fees. In the event that such funds are not forthcoming for any reason,

- 22 -

DISTRICT shall immediately notify CONSULTANT in writing. This Agreement shall be

deemed terminated and have no further force and effect immediately on receipt of DISTRICT'S

notification by CONSULTANT. In the event of such termination, CONSULTANT shall be

entitled to payment for work already completed in accordance with the rates set forth on

Attachment "B".

// //

- 23 -

Dated (to be filed in by Clerk to the Board) RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT By By WARREN D. WILLIAMS MARION ASHLEY, Chairman General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors APPROVED AS TO FORM: ATTEST: PAMELA J. WALLS KECIA HARPER-IHEM County Counsel Clerk of the Board By By NEAL R. KIPNIS Deputy Deputy County Counsel Dated: (SEAL) [FIRM NAME] By Responsible Officer Printed Name Title Consulting Services Agreement Palm Springs MDP Line 43 and Lateral 43-A P8\127723

PALM SPRINGS MDP LINE 43 AND LATERAL 43-A

ERS/Design Project Coordination for CEQA/Section 18 Processes

ATTACHMENT "E"

- - -- -- -- -- -- -- ----MEMORANDUM RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

DATE: January 8, 2008

TO: Robert 1. Cullen, Chief of Design and Construction Division

FROM: Stephen E. Stump, Chief of Regulatory Division ~ ~ , . ~ RE: ERS/Design Project Coordination for CEQAlSection 18 Processes

As you may know, the ERS Section requires a substantial amount of detailed information from the Design Sections for its use in preparing CEQAlSection 18 documents for design projects. In an effort to better coordinate environmental review and scheduling between the ERS and Design Sections, the following ERS Checklists for CEQAlSection 18 processes and CEQA Initial Study Checklist (Attachment A) should be distributed among the Design staff for their use and reference. The items listed below should be provided to the ERS Section at the time of initiating a CEQAlSection 18 request or shortly thereafter.

A. CEQA

1. Project name and number. 2. Design project engineer. 3. Written detailed project description for both construction and subsequent maintenance.

Include description ofproject location. 4. Is the project a component of an adopted MDP? 5. Project purpose and need. 6. What are the project alternatives (e.g., different alignment, types of facility, etc.)? Are

there alternatives with the option to avoid/minimize potential environmental impacts or to accommodate onsite mitigation?

7. Describe project impact to the 100 year FEMA floodplain, if applicable. 8. Will the project impact existing biological resources such as willows, mulefat, etc.?

Explain. 9. Are there any future construction activities/stages along the same facility beyond the

current stage being designed? Explain. 10. Will groundwater dewatering be necessary? 11. Provide a list of other public agencies whose approval will be required to construct,

operate and maintain the proposed project. 12. What is the tributary drainage area in acres? 13. What is the average annual rainfall for the area in inches? 14. What is the average gradient (slope) for the project? 15. Are there photographs that show the areas along the proposed project alignment and its

immediate surrounding areas? If so, specify location on the Q drive.

t

MEMO -2­ January 8, 2008

TO: FROM: RE:

Robert J. Cullen, Chief of Design and Construction Division Stephen E. Stump, Chief of Regulatory Division ERS/Design Project Coordination for CEQAlSection 18 Processes

16. Detennine and describe whether the Project directly or indirectly discharges into a TMDL regulated, or 303(d) listed waterbody.

17. Describe the Site Design BMPs that have been considered and/or incorporated into the Project by the Planning or Design Engineers (see District Individual SWMP, Section 5.1.1). These BMPs include minimization of impervious footprint, minimization of directly connected impervious area and conservation of natural areas. BMPs include efforts to maintain natural stream courses or efforts to increase infiltration and/or reduce use of impervious liners in channel projects.

18. Describe Source Control BMPs that are incorporated into the Project. Specifically, where applicable, District projects should incorporate:

• MS4 Stenciling and signage (including inlets) • Description of method to stabilize slopes and channels

19. Please attach a copy ofthe following documents: • Vicinity map. • Location map. • Preliminary drawings including typical sections. • Copy of environmental assessments as they relate to hazardous waste or soil

materials, if applicable. • Exhibit showing potential impact limits (both pennanent and temporary) of

project. Include possible storage/staging areas, designated disposal sites, borrow sites and/temporary stockpile areas, if any.

• Exhibit showing 100 year FEMA floodplain (before and after project), if applicable.

• Right of way/Temporary construction easement exhibits, if applicable. • Construction schedule (showing approximate start and end dates). • Project cost and financial contributions from other agencies. • Geotechnical or other pertinent reports, if any. • Air quality/construction related infonnation (see Attachment B). • Traffic control plan, if applicable. • MDP map with the proposed project limits highlighted, if applicable. • FEMAIFIRM map(s). • Assessor's parcel numbers. • Hydrology map (drainage boundary) and/or hydrology study for the project.

B. Section 18 (See Attachment C) 1. Engineer's Statement. 2. Section 18 Map.

MEMO -3­ January 8, 2008

TO: FROM: RE:

Robert J. Cullen, Chief of Design and Construction Division Stephen E. Stump, Chief of Regulatory Division ERS/Design Project Coordination for CEQAlSection 18 Processes

The above requested information, once provided, will allow the ERS Section to proceed with the preparation of the appropriate CEQA documents and to evaluate what type of permit, if any, is needed for the construction and subsequent maintenance of the project. If you have any questions regarding the above matter please contact Art Diaz or Jason Swenson. Thank you.

Attachments

c: Dusty Williams Steve Thomas Jason Uhley Teresa Tung Mike Wong

AD:TT:mcv P8\117451

Attachment A CEQA Checklist

ENVIRONMENTAL FACTORS POTENTIALLYAFFECTED:

The environmental factors checked below would have a potentially significant impact by this project as indicated by the following checklist.

D Aesthetics D ~ineralFlesources

D Agriculture Flesources D Noise 0 Air Quality 0 Population/Housing

0 Biological Flesources 0 Public Services 0 Cultural Flesources 0 Flecreation

0 Geology/Soils 0 Transportation/Traffic 0 Hazards & Hazardous ~aterials 0 Utilities/Service Systems

0 Hydrology/Water Quality 0 ~andatory Findings of Significance

0 Land Use/Planning

Evaluation of Environmental Impacts:

1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g.,. the project/aIls outside a/ault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an Em is required.

4) "Negative Declaration: Less Than Significant With ~itigation Incorporated" applies where the incorporation of mitigation measures has reduced any effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).

1

5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed below.

a) Earlier Analysis Used. Identify and state where they are available for review.

b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached and other sources used or individuals contacted should be cited in the discussion.

7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8) The explanation of each issue identifies: a) The significance criteria or threshold, if any, used to evaluate each question: and, b) The mitigation measure identified, if any, to reduce the impact to less than significance.

2

Potentially Significant

Potential Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact

I. AESTHETICS. Would the project:

a) Have a substantial adverse effect on a scenic vista? D D D D b) Substantially damage scenic resources, including, but not limited to

trees, rock outcroppings, and historic buildings within a state scenic highway?

D D D D

c) Substantially degrade the existing visual character or quality of the site and its surroundings?

D D D D

d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?

D D D D

[II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:

a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?

D D D D

b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?

D D D D

c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion ofFarmland, to non­agricultural use?

D D D D

ID. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:

a) Conflict with or obstruct implementation of the applicable air quality plan?

D D D D

b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?

D D D D

c) Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?

D D D D

d) Expose sensitive receptors to substantial pollutant concentrations? D D D D

3

e) Create objectionable odors affecting a substantial number of people?

IV. BIOLOGICAL RESOURCES. Would the project:

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means?

d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

V. CULTURAL RESOURCES. Would the project:

a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?

b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?

c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

d) Disturb any human remains, including those interred outside of formal cemeteries?

Potentially Significant

Potential Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

4

Potentially Significant

Potential Unless Less than Significant Mitigation Significant I"'pact Incorporated I",pact No I",pact

VI. GEOLOGY AND SOILS. Would the project:

a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving:

i) Rupture of a knO\\-11 earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a KnO\\-11 fault? Refer to Division ofMines and Geology Special Publication 42.

D 0 0 0

ii) Strong seismic ground shaking? 0 0 0 0

iii) Seismic-related ground failure, including liquefaction? 0 0 0 0

iv) Landslides or mudflows? D 0 0 0

b) Result in substantial changes in topography, unstable soil conditions from excavation, grading or fill, or soil erosion or the loss of topsoil?

D 0 0 0

c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?

d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?

D

D

0

0

D

0

D

0

e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal or wastewater?

0 0 0 0

VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project:

a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal ofhazardous materials?

0 D 0 0

b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?

0 D 0 D

c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?

D D 0 0

5

d) Be located on a site, which is included on a list ofhazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?

e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?

f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?

g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where Wildlands are adjacent to urbanized areas or where residences are intermixed?

VIII. HYDROLOGY AND WATER QUALITY. Would the project:

a) Result in substantial discharges of typical storm water pollutants (e.g. sediment from construction activities, hydrocarbons, and metals from motor vehicles, nutrients and pesticides from landscape maintenance activities, metals ofother pollutants from industrial operation,) or substantial changes to surface water quality including, but not limited to, temperature, dissolved oxygen, pH, or turbidity?

b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?

c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of a watercourse or wetland, in a manner which would result in substantial erosion or siltation on- or off-site?

d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?

Potentially Significant

Potential Unless Less than Significant Mitigation Significant Impact Inco'POrateJ Impact No Impacl

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

6

e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?

f) Place housing within a IOO-year flood hazard area as mapped on Federal Flood Hazard boundary of Flood Insurance Rate Map or other flood hazard delineation map?

g) Place structures or fill within a IOO-year flood hazard area, which would impede or redirect flood flows?

h) Expose people or structures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?

i) Be susceptible to inundation by seiche, tsunami, or mudflow?

j) Substantially change the amount of surface water in any water body or wetlands?

IX. LAND USE PLANNING. Would the project:

a) Physically divide an established community?

b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?

c) Conflict with any applicable habitat conservation plan or natural community conservation plan?

X. MINERAL RESOURCES. Would the project:

a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents ofthe state?

b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?

XI. NOISE. Would the project result in:

a) Exposure of persons to or generation ofnoise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

Potentially Significant

Potential Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

7

b) Exposure ofpersons to or generation of excessive ground-borne vibration or ground-borne noise levels?

c) A substantial pennanent increase in ambient noise levels in the project vicinity above levels existing without the project?

d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?

e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?

f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?

XII. POPULATION AND HOUSING. Would the project:

a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension ofroads or other infrastructure) ?

b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?

c) Displace substantial numbers ofpeople, necessitating the construction ofreplacement housing elsewhere?

XIII. PUBLIC SERVICES

a) Would the project result in substantial adverse physical impacts associated with the provision ofnew or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction ofwhich could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services:

Fire protection?

Police protection?

Schools?

Potentially Significant

Potential Unless Less than Signifu:ant Mitigation Significant Impact Incorporated Impact No Impac/

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

D D D D

8

Potentially Significant

Potential Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impacl

Parks? D D D D

Other public facilities? D D D D

XlV. RECREATION

a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?

D D D D

b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

D D D D

xv. TRANSPORTATION AND TRAFFIC. Would the project:

a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?

b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways?

D

D

D

D

D

D

D

D

c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?

D D D D

d) Would the project result in inadequate emergency access? D D D D

e) Would the project result in inadequate parking capacity? D D D D

XVI. UTILITIES AND SERVICE SYSTEMS. Would the project:

a) Require or result in the construction or relocation of water or wastewater treatment or transmission facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?

D D D D

b) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?

D D D D

9

Potential Significant Impact

Potentiolly Significant Unless Mitigation Incorporated

Less than Significont Impacl No Impact

C) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?

D D D D

d) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?

D D D D

e) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?

D D D D

f) Comply with federal, state, and local statutes and regulations related to solid waste?

D D D D

XVII. MANDATORY FINDINGS OF SIGNIFICANCE.

a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?

D D D D

b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals?

D D D D

c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects ofa project are considerable when viewed in connection with the effects ofpast projects, the effects ofother current projects, and the effects ofprobable future projects.)

D D D D

d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?

D D D D

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DETERMINATION: (To be completed by the Lead Agency)

On the basis of this initial evaluation:

D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATNE DECLARATION will be prepared.

D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATNE DECLARATION will be prepared.

D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

D I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

D I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project.

Signature Date

WARREN D. WILLIAMS, General Manager-Chief Engineer Printed Name

11

Attachment B Air Quality

To determine the project impact on air quality, please provide the following information:

1. Time/duration of construction in months, 2. Total acreage to be paved (if applicable), 3. Total disturbed acreage (also include daily estimate), 4. Earthwork quantities (excavation, fill, import and export materials). Please include total cubic

yards and cubic yards/day, 5. Total roundtrip hauling distance in miles for soil import or export, 6. Estimate the type and number of construction equipment anticipated (project may be broken

down to phases if necessary),

Vehicle Type Quantity Bore/Drill Rigs ConcretelIndustrial Saws Cranes Crawler Tractors Crushing/Processing Equipment Excavators Graders Off Highway Tractors Off Highway Trucks Other Equipment Pavers Paving Equipment Rollers Rough Terrain Forklift Rubber Tired Dozers Rubber Tired Loaders Scrapers Signal Boards Skid Steer Loaders Surfacing Equipment TractorslLoaderslBackhoes Trenchers

Attachment C Sample Section 18 Map and Engineers Statement

RD

MENIFEE..HAWTHORNE STORM DRAIN

STAGE 1

PROJECT NO. ~"O"OIG3"OI

JUNE 2007 ~

NEWPORT

SECTION 18 PUBLIC HEARING MAP

BEGIN PROJECT

I­Vl

PROJECT LOCATION

.. ­ ~ N

ViCINITY MAP ~ NTS IJ

ILl Z 0:: o

Vl J: 0:: I­

~ ~ 1Il J:

END PROJECT ~

LOCATION MAP 1 NTS ~

TYPICAL SECTION

Menifee - Hawthorne Avenue Storm Drain, Stage 1

Project No. 4-0-0163

Engineer's Statement

This proposed project is located within the unincorporated community of Menifee, Riverside County, California. The project is an ultimate storm drain system designed to collect runoff from a 400-acre watershed located southerly of Craig Avenue and convey it to the watershed located at the northeasterly comer of Holland Road and Byers Street. When complete, this storm drain will provide 100-year flood protection.

The main line of the proposed project consists of approximately 3,840 lineal feet of reinforced concrete pipe (RCP) ranging in diameter from 66 to 78 inches. The laterals consist of approximately 1,290 lineal feet of RCP ranging in diameter from 18 to 24 inches. From the outlet, the main line extends east in Holland Road, south in Hawthorne Street and ends approximately 300 feet east in Craig Avenue. One lateralwill connect to the main line at the intersection of Holland Road and Hawthorne Street and will extend approximately 900 feet east in Holland Road. In addition, two laterals will connect to the main line at the intersection of Corson Avenue and Hawthorne Street, with one lateral extending east approximately 150 feet and one lateral extending west approximately 240 feet. The cost of the proposed project is approximately $2,500,000.