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Item No. 11 - Amendment No. 1 to the Professional Services Agreement with HELIX Environmental
11)Amendment No. 1 to the Professional Services Agreement with HELIX Environmental Planning, Inc. for the Mary McDonald Senior Apartments Project Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with HELIX Environmental Planning, Inc. for additional services to prepare National Environmental Policy Act (NEPA) compliance documents for a total contract amount not to exceed $67,150, in final form as approved by the City Attorney. Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Damaris Abraham, Assistant Community Development Director Date:March 12, 2024 Subject:Amendment No. 1 to the Professional Services Agreement with HELIX Environmental Planning, Inc. for the Mary McDonald Senior Apartments Project Recommendation Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with HELIX Environmental Planning, Inc. for additional services to prepare National Environmental Policy Act (NEPA) compliance documents for a total contract amount not to exceed $67,150, in final form as approved by the City Attorney. Background The City owns the property at 200 N. Riley Street located on the northeast corner of Heald Avenue and Riley Street. An portion of the property is home to the Mary McDonald historic landmark. The remainder portion of the property was acquired by the City with Low and Moderate Income Housing Asset Funds for purposes of constructing an affordable senior housing project. These two areas will be merged into an integrated project subject to a perpetual historic preservation easement to protect the Mary McDonald historic landmark. The Riley Street Senior Apartments Project, now known as the Mary McDonald Senior Apartments Project, consisting of 16-unit affordable senior apartment units and related improvements was approved by the Planning Commission with a determination that the project is categorically exempt from CEQA pursuant to Section 15332 (Class 32 Exemption). Since approval of the project entitlements, the City has successfully applied for additional funding to leverage the use of the Low and Moderate Income Housing Asset Funds. The Project has been awarded 15 Project Based Vouchers by the Housing Authority of the County of Riverside and is slated to receive $5 million of County American Rescue Act (ARPA) funding. The Project Based Vouchers and ARPA funding commitments trigger compliance under the National Environmental Policy Act (NEPA) as a condition to final approval of the funding contracts. Amendment No.1 HELIX (Riley Senior Apartments) Page 2 of 2 1 0 8 2 Discussion The City entered into the original Professional Services Agreement with HELIX Environmental Planning, Inc. (HELIX) on September 26, 2023, for $8,900 to prepare a Phase I archaeological survey to address Section 106 of the National Historic Preservation Act for the Mary McDonald Senior Apartments Project under the City Manager’s signature authority. That work is completed. The proposed Amendment No. 1 is being requested for additional tasks to support review under the National Environmental Policy Act (NEPA) for this Project. Amendment No. 1 will incorporate Air Quality Assessment, Noise Assessment, Biological Resources Assessment, 8 Step Process, Phase I ESA, and the completion of the NEPA Environmental Review. Compensation for the additional services provided under Amendment No. 1 will not exceed $58,250, bringing the total compensation under the Agreement, as amended, to a contract amount not to exceed for $67,150. Fiscal Impact The cost of preparing the environmental review will be covered by Low and Moderate Income Housing Asset Funds. Attachments Attachment 1 – Amendment No. 1 Agreement Exhibit A – Consultant’s Proposal Attachment 2 – Original Agreement Attachment 3 – Aerial Map AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES HELIX ENVIRONMENTAL PLANNING, INC. Environmental Documentation for the Riley Senior Apartments Project This Amendment No. 1 to Agreement for Professional Services (“Amendment No. 1”) is made and entered into as of March 12, 2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and HELIX Environmental Planning, Inc., a California corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of September 26, 2023, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of eight thousand and nine hundred dollars ($8,900). C. The parties now desire to modify the scope of services and increase the compensation in an amount of Sixty-Seven thousand and One Hundred Fifty dollars ($67,150) for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following: Consultant shall also perform the services described in Consultant’s February 27, 2024 contract augment request (attached to this Amendment No. 1 as Exhibit A-1). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal dated October 2, 2023 (Exhibit A to the Original Agreement) and, for purposes of Amendment No. 1, in accordance with the fees set forth in Consultant’s Proposal February 27, 2024 (attached as Exhibit A-1 to Amendment No. 1). In no event shall Consultant’s total compensation for services provided pursuant to this Agreement, as amended, exceed Sixty-Seven Thousand and One Hundred Fifty dollars ($67,150) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 3.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Jason Simpson, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager “CONSULTANT” HELIX Environmental Planning, Inc., a California corporation By: Andrea S. Bitterling Its: Planning Division Manager Attachments: Exhibit A-1 – Consultant’s Proposal EXHIBIT A-1 CONSULTANT’S PROPOSAL [ATTACHED] HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com February 27, 2024 00987.00012.001 Damaris Abraham Assistant Community Development Director City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (951) 674-3124, ext. 913 | dabraham@lake-elsinore.org Subject: Contract Augment to Provide Additional Environmental Consulting Services for the Riley Senior Apartments Project Dear Ms. Abraham: HELIX Environmental Planning, Inc. (HELIX) is submitting this contract augment (Augment) to the City of Lake Elsinore (City; Client) to provide additional environmental consulting services for the Riley Senior Apartments project located in the City of Lake Elsinore, Riverside County. Under our original contract dated October 2, 2023, HELIX outlined its services, including Task 1, a Phase I archaeological survey to address Section 106 of the National Historic Preservation Act. The following scope of services provides additional Tasks 2 through 8 to support review under the National Environmental Policy Act (NEPA) for this project. SCOPE OF SERVICES Task 2. Air Quality Assessment. Because the Project includes the development of more than five dwelling units and is within an air quality management district that is in non-attainment and/or maintenance status for one or more criteria pollutants, HELIX will estimate criteria pollutant emissions in accordance with the Clean Air Act prompts within the Department of Housing and Urban Development (HUD) Environmental Review Online System (HEROS). Criteria pollutant emissions will be estimated using the latest version of the California Emissions Estimator Model (CalEEMod) and compared to applicable screening level thresholds. If emissions estimates are found to be above thresholds, HELIX will identify measures to mitigate adverse impacts. HELIX will provide a brief discussion summarizing the methods and results of the emissions estimates and the CalEEMod output files in support of the responses in the HEROS. HELIX will revise the draft report based on one set of comments provided by Client. Task 3. Noise Assessment. HELIX will complete HUD’s Noise (EA Level Reviews) – Partner Worksheet (Worksheet) for the project. HELIX will quantify noise exposure in accordance with the requirements of Letter to Damaris Abraham Page 2 of 6 February 27, 2024 the worksheet. Traffic noise levels will be estimated at the project site using the appropriate noise model, which is anticipated to be either the Federal Highway Administration’s Traffic Noise Model (TNM) version 2.5 or the Computer Aided Noise Abatement (CadnaA) model implementation of TNM. Estimated noise levels will be compared to HUD’s site noise acceptability standards. If necessary, HELIX will identify potential noise attenuation measures for the project to achieve acceptable exterior and interior noise levels. HELIX will provide a brief discussion summarizing the methods and results of the noise assessment in support of the conclusions of the Worksheet. This task includes addressing one round of comments provided by the City planning staff on the draft assessment. Task 4. General Biological Resources Assessment. HELIX will conduct a biological resources assessment survey of the project site to verify the presumed absence of suitable habitat for federally listed plant and animal species and verify the presumed absence of potential federally jurisdictional waters and wetlands inside the project site, to support HEROS items 8 and 15 listed under task 7 below. Upon completion of the fieldwork, HELIX will prepare a General Biological Resources Assessment memorandum report to support NEPA review of the project. The report will describe the survey methods employed, present the results of the fieldwork, assess the potential for federally sensitive resources to occur on the site (if any), and identify regulatory issues related to the resources on the site. If sensitive biological resources were identified on-site that require analysis of project impacts and mitigation, a contract augment would be required. HELIX will submit a draft report to the Client for review in digital format and/or uploaded to HEROS. HELIX will revise the draft report based on one set of comments provided by Client. Task 5. “8-Step Process.” As the Project is located within a 500-year floodplain, HUD requires the evaluation of floodplain impacts through what is described as an “8-Step Process.” The 8-Step Process would evaluate floodplain impacts, mitigation, and alternatives. HELIX will document the 8-Step Process in an approximately 20-page memo to be provided to Client in digital format and/or uploaded in HEROS. The memo will address each of the 8 steps and be based on existing information developed for the Part 58.5 Analysis. As part of this process, HELIX will work with Client to develop and evaluate in a qualitative manner up to four potential alternatives. No formal market assessment or site design alternatives will be prepared by HELIX. As part of this process, HELIX will also draft the Early Notice and Final Notice ad copy for publishing in a local paper. This scope of work assumes Client will coordinate and pay for the publishing of both ads. No fee is included within this scope of work for publishing the ads. For the purposes of this task, HELIX assumes that no comments will be received from the public or other agencies requiring responses to comments or adjustments to the 8-Step Process document. Task 6. Phase I Environmental Site Assessment. Consistent with the ASTM International Standard Practice E 1527-21 and the United States Environmental Protection Agency (EPA) All Appropriate Inquiry rule, Ninyo and Moore Geotechnical and Environmental Sciences Consultants (Ninyo and Moore), as a subconsultant to HELIX, will conduct a Phase I Environmental Site Assessment (ESA) of the project site. This will include the review of lease records; title records; maps; environmental reports; federal, state, and local regulatory agency databases; local regulatory agency files; and historical maps and aerial photographs for the project site. In addition, the study will include the conducting of an interview with a site representative regarding the environmental status of the site, if available; performance of a site Letter to Damaris Abraham Page 3 of 6 February 27, 2024 reconnaissance to document potential hazardous substances handling, storage, and disposal practices and to document areas of potentially contaminated surface soil or surface water; the performance of a preliminary vapor encroachment screen; and the preparation of a Phase I ESA report documenting the findings. HELIX will provide the final ESA to the Client in electronic format and/or upload to HEROS. Also included in this task is project management and coordination time between the HELIX project manager and Ninyo and Moore staff. Task 7. NEPA Environmental Review in HEROS. Consistent with the guidance provided by the County of Riverside Department of Housing and Workforce Solutions (HWS), HELIX will register and work within HEROS to provide technical information and responses to the following environmental prompts within HEROS: 1. National Environmental Policy Act of 1969 2. Airport Hazards–Runway Protection Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D 3. Coastal Barrier Resources–Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 4. Flood Insurance–Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 5. Air Quality–Clean Air Act, as amended 6. Coastal Zone Management–Coastal Zone Management Act 7. Contamination and Toxic Substances–24 CFR 50.3(i) & 58.5(i)(2) 8. Endangered Species–Endangered Species Act of 1973 9. Explosive and Flammable Facilities–24 CFR Part 51 Subpart C 10. Farmlands Protection–Farmland Protection Policy Act of 1981 11. Floodplain Management–Executive Order 11988 and 24 CFR Part 55 12. Historic Preservation–National Historic Preservation Act of 1966 13. Noise Abatement and Control–Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978 14. Sole Source Aquifers–Safe Drinking Water Act of 1974, as amended 15. Wetlands Protection–Executive Order 11990 and 24 CFR Part 55 16. Wild and Scenic Rivers–Wild and Scenic Rivers Act of 1968 17. Environmental Justice–Executive Order 12898 HELIX will prepare a data needs list for Client and review existing sources of information, including technical studies provided by Client (e.g., civil and engineering reports), undertake geographic Letter to Damaris Abraham Page 4 of 6 February 27, 2024 information system (GIS) research and mapping, and perform research of existing databases referenced within the HEROS. Supporting information such as CalEEMod outputs, database research outputs, reports, and relevant figures developed in other tasks, and Client-provided reports will be provided within HEROS to support the conclusions reached. Based on conversations between the County of Riverside and HELIX, this Scope of Work assumes HELIX will provide one version of the responses and supporting information and “Assign” the Project to County staff to review empty fields and complete the review in HEROS. This scope assumes minor coordination with County staff to provide minor clarifications to the submitted HEROS responses. This scope does not assume formally responding to comments from the public or other agencies and organizations such as HUD, State Historic Preservation Officer (SHPO), or tribal governments. Task 8. NEPA Project Management and Coordination. HELIX’s Principal Planner will coordinate with Client and the County of Riverside in support of this Scope of Work. This includes regular communication with Client and County via emails, conference calls, and virtual meetings. HELIX’s Principal Planner will also provide oversight of HELIX staff and perform a quality assurance (QA) review of all deliverables. This task assumes an approximately four-month effort for completion of these tasks, with 20 hours of Principal Planner time and 8 hours of Project Manager time. No in-person meetings or hearings are included. ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES The following assumptions and limitations are a material component of this Agreement. • Client will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • Client will provide HELIX with lease and title records, available maps, and past environmental reports for the site in .pdf format. • Costs associated with public meetings, biological surveys not specifically described above, and/or permit preparation and processing (“additional work”) are not included within the scope of services required of HELIX under this Agreement. • Once preparation of the screencheck draft documents has begun, no changes to the project design will occur such that major revisions to the project description or re-analysis of any environmental issue will be required. • Client will identify all potential off-site components associated with the project prior to HELIX conducting the site assessment. • Client is responsible for ensuring that technical reports that are provided to HELIX for the public record by any party not under subcontract to HELIX are consistent with the document accessibility requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and any similar requirements. Letter to Damaris Abraham Page 5 of 6 February 27, 2024 •HELIX is committed to meeting accessibility requirements for the ADA and Section 508 of the Rehabilitation Act for public-facing digital document deliverables. Information presented from third-party sources (e.g., California Emissions Estimator Model outputs) and documents prepared using the strike-out underline feature may not achieve the full level of accessibility. SCHEDULE HELIX will continue to work with the Client in a timely and professional manner in accordance with the Terms and Conditions attached and incorporated herein by reference as Exhibit A. These Terms and Conditions are a material part of this Augment. COST ESTIMATE AND PAYMENT PROCEDURES HELIX submits this cost estimate not to exceed $58,250 (a breakdown of which is provided below), which brings our currently authorized amount from $8,900 to $67,150. All work shall continue to be invoiced on a time and materials basis pursuant to Exhibit B, Schedule of Fees. Payment terms are net 30 days pursuant to the Terms and Conditions referenced herein. Task Number Task Name Cost 2 Air Quality Assessment $2,600 3 Noise Assessment $3,330 4 Biological Resources Assessment $5,870 5 8 Step Process $13,210 6 Phase I ESA $7,300 7 NEPA Environmental Review in HEROS $19,500 8 NEPA Project Management and Coordination $6,440 TOTAL $58,250 EXECUTION OF AUGMENT This quote is good for 30 days from the date of this letter. This Augment will become a contract upon HELIX’s receipt of this original, including any Exhibits, signed by an authorized representative of Client. We look forward to continuing our work with you on this project. If you have any questions concerning this Augment, please call Nikki Falvey or me at (619) 462-1515. Sincerely, Andrea S. Bitterling Planning Division Manager Letter to Damaris Abraham Page 6 of 6 February 27, 2024 I hereby authorize HELIX to continue work in accordance with this Augment and the attached Terms and Conditions and Schedule of Fees. CITY OF LAKE ELSINORE A ____ corporation, OR a ____ limited liability company, OR a ____ general partnership or limited partnership (select one). Signed by: Printed: Title: Date: To expedite Augment processing, please provide the following information for this contract: Project Manager Accounts Payable Name: Name: Address: (if different from p.1) Address: (if different from p.1) Phone: Phone: Email: Fax: Email: Riley Senior Apartments For retainer payment, please remit to Stephanie Johnston, Controller: Address: HELIX Environmental Planning, Inc. ATTN: Controller 7578 El Cajon Boulevard La Mesa, CA 91942 Email/Phone: StephanieJ@helixepi.com | (619) 462-1515 Page 1 of 2 The following Terms and Conditions are made a part of the letter agreement/proposal (Agreement) between HELIX and Client and supersede any conflicting Terms and Conditions proposed by Client, unless HELIX agrees to such Terms and Conditions in writing. ARTICLE 1. SCOPE OF WORK AND STANDARD OF PERFORMANCE HELIX will perform the work outlined in the Agreement and any services approved by Client under Article 3 (the Services). HELIX will strive to perform the Services in a manner consistent with that level of care and skill ordinarily exercised by reputable members of HELIX’s profession practicing at the time under similar conditions in the geographic area of Client’s project. HELIX makes no other representation, expressed or implied, nor no other warranty or guarantee under this Agreement or in any report, opinion or document provided hereunder. ARTICLE 2. COMPENSATION Client agrees to pay HELIX compensation for the Services in accordance with the rates set forth in Exhibit B. HELIX shall invoice Client monthly or as otherwise agreed. Client agrees to pay HELIX within thirty (30) days of the date of invoice. If payment is not paid when due, then such sum shall bear interest at 1½ percent per month on the unpaid balance, not to exceed the maximum legal rate of interest. ARTICLE 3. CHANGES AND ADDITIONAL WORK Client may request or HELIX may recommend or request, verbally or in writing, a change in the scope in excess of or in addition to the Services (“additional work”). As soon as practical after such request or recommendation, HELIX shall forward to Client a proposal of the costs for such additional work and any adjustment to the payment schedule and time for performance. Client shall approve or disapprove the proposal, in writing. If approved, HELIX shall perform the extra work in accordance with the Terms and Conditions herein. Notwithstanding the foregoing, however, if Client verbally approves the extra work and HELIX has performed the same, then Client agrees to pay HELIX the amount and pursuant to the payment schedule as set forth in its proposal. ARTICLE 4. LIMITATION OF LIABILITY Recognizing the relative risks and benefits of the project for which the Services are being performed, Client agrees to limit the liability of HELIX, its directors, officers, employees, agents and subcontractors for any and all injuries, claims, losses, expenses or damages (including incidental or consequential damages) arising out of or in any way related to the Services or the project hereunder, to the lesser of (a) fifty thousand dollars ($50,000) or (b) the total compensation for the Services hereunder. Such liability includes HELIX’s negligence, errors or omissions, strict liability and breach of contract or warranty. Any claim against HELIX hereunder shall be brought within one (1) year of the completion of the Services herein. ARTICLE 5. TERMINATION Either party may terminate this Agreement, either in whole or in part, without cause, by giving the other party thirty (30) days written notice. In such event, Client will pay HELIX for all work performed by it prior to the notice of termination. In the event of a default, the non-defaulting party shall give the defaulting party ten (10) days’ written notice of default. “Default” includes Client’s failure to pay HELIX sums due, including additional work pursuant to Article 3. The defaulting party’s failure to cure the breach within said ten- (10-) day period shall constitute a material breach of this Agreement and termination of the Agreement. ARTICLE 6. SUSPENSION OF WORK Client may suspend the Services, in whole or in part, by giving HELIX reasonable, written notice specifying the work to be suspended. Upon receipt of notice, HELIX shall suspend the work requested and Client shall pay for all Services through the date of suspension and any costs incurred by HELIX in suspending the work. Thereafter, Client may notify HELIX of its intent to recommence the suspended Services. HELIX will promptly provide Client with any adjusted costs and schedule and, upon Client approval, HELIX shall recommence the Services previously suspended. ARTICLE 7. PROPRIETARY INFORMATION HELIX agrees not to disclose to any third person, nor use for the benefit of anyone other than Client, any data, records, financial information or other confidential or proprietary information, marked as such in writing, arising out of or related to the performance of the Services (Proprietary Information). Client similarly agrees not to disclose to any third person, nor use for the benefit of anyone, Proprietary Information of HELIX. ARTICLE 8. COMPLIANCE WITH LAWS HELIX shall comply with and observe applicable federal, state and local laws, ordinances, rules, and regulations having jurisdiction over HELIX or the performance of the Services in effect during the term of this Agreement. ARTICLE 9. FORCE MAJEURE Client will grant extensions of time and increase the compensation to HELIX to the extent that HELIX’s performance hereof is delayed due to an uncontrollable force. The term “uncontrollable force” shall mean any cause beyond the control of HELIX making it impracticable or unable to perform such obligation, including but not limited to natural catastrophes, restraint by court order or public authority and action or nonaction by, or inability to obtain the necessary authorizations or approvals from, any governmental agency or authority which, by exercise of due diligence, HELIX (a) could not reasonably have been expected to obtain or (b) has been unable to overcome. HELIX will notify Client immediately of any such delay or anticipated delay, and Client will extend the date of performance for a period equal to the time lost by reason of the delay and will make an equitable adjustment to the compensation in Article 2. EXHIBIT A TERMS AND CONDITIONS Page 2 of 2 ARTICLE 10. INSURANCE HELIX maintains the following insurance: (a) Workers’ Compensation insurance – statutory limits; (b) Comprehensive Automobile Insurance – combined bodily injury and property damage limit of one million dollars ($1,000,000) each occurrence; (c) Comprehensive General Liability Insurance – combined bodily/personal injury and property damage limit of one million dollars ($1,000,000); (d) Professional Liability & Contractors Pollution Legal Liability – limit of one million dollars ($1,000,000) each occurrence; (e) Excess Umbrella Liability – limit of two million dollars ($2,000,000) each occurrence. Upon Client’s request, HELIX will furnish evidence that such insurances are in effect. If additional coverage or increased limits of liability is desired, Client may make such request prior to the start of work. HELIX will attempt to obtain the requested coverage or limits, and Client agrees to pay for any additional costs of insurance within ten (10) days of the date of invoice. ARTICLE 11. AVAILABILITY OF LAND, DATA AND DIFFERING SITE CONDITIONS (for contracts involving field or construction services) Client shall furnish the site or obtain access to any site not owned by Client. Client shall notify HELIX of any encumbrances or restrictions specifically related to use of the site with which HELIX must comply in performing the Services. Client will obtain in a timely manner and pay for any fees or charges associated with site access or the encumbrances. Client shall furnish HELIX with a current legal description of the lands upon which the Services are to be performed and Client’s interest therein as necessary for giving notice of or filing a mechanic’s lien against such lands. HELIX may rely upon the accuracy of the data contained in Reports and Drawings furnished to it by Client or Client’s engineer. Reports and Drawings are defined as (a) reports of explorations and tests of subsurface conditions at or contiguous to the site that have been used by the engineer in documents provided to HELIX; and (b) drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (including underground facilities) that Client or Client’s engineer has used in preparing documents provided to HELIX. If HELIX believes that any subsurface or physical conditions at or contiguous to the site that are uncovered or revealed either (a) is of such a nature as to establish that data on which HELIX is entitled to rely as provided above is materially inaccurate; or (b) is of such a nature as to require a change in the contract; or (c) differs materially from that shown or indicated in documents provided to HELIX by Client or others; or (d) is of an unusual nature and differs materially from conditions ordinarily encountered in work of the character provided for in this contract, then HELIX shall promptly, after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any work in connection therewith (except in the event of an emergency), notify Client or its engineer in writing about such conditions. Thereafter, Client or Client’s engineer will investigate the conditions. If the existence of the differing site conditions causes an increase in HELIX’s cost of or time required for performance of the work, HELIX will receive an equitable adjustment to the contract price and schedule. HELIX will not be responsible for any hazardous environmental conditions uncovered or revealed at the site. If such conditions are encountered, HELIX shall immediately stop all work and notify Client or Client’s engineer. HELIX shall not be required to resume work in connection with such conditions until Client has obtained any required permits and advised HELIX in writing of such conditions and any affected area is or has been rendered safe for the resumption of work; or has specified any special conditions under which such work may be resumed safely; and HELIX shall receive an adjustment to the contract schedule and price accordingly. ARTICLE 12. GOVERNING LAW AND ARBITRATION This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by and pursuant to the Commercial Rules of the American Arbitration Association then in effect. Any such proceedings shall take place in San Diego, California. In any action or proceeding hereunder, the prevailing party shall be entitled to recover attorneys’ fees, filing fees, expert witness fees and other costs of arbitration or suit. ARTICLE 13. NOTICES Any notice from one party to another shall be in writing and delivered personally, by facsimile or by United States mail, registered or certified, return receipt requested, postage fully pre-paid, to the addresses as set forth in the Agreement to the attention of the signatory of this Agreement. Any notice shall be deemed delivered upon personal service or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. If any party changes its address, such party shall notify the other party as provided in this article. ARTICLE 14. MISCELLANEOUS 14.1 Successors and Assigns: This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors-in- interest, assigns and transferees. Neither party can assign this Agreement without the prior written consent of the other party. 14.2 Counterparts: This Agreement may be signed in two or more counterparts, each of which shall constitute an original, but all of which shall be one in the same document. With the Agreement, these Terms and Conditions and any attached Exhibits constitute the complete and entire contract between the parties and supersedes any previous communications, representations or agreement, whether oral or written, with respect to the subject matter hereof. EXHIBIT B SCHEDULE OF FEES CONSULTING SERVICES Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time. Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates. Overtime also may be charged at one and one-half times our standard rates. DIRECT COSTS Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field equipment, as well as for plotting, color printing, and aerial photographs. Payment Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. PROFESSIONAL RATES Current hourly rates for consulting services: Principal $290-310 Principal Planner $240-300 Principal Regulatory Specialist $240-300 Principal Biologist $235-300 Principal Acoustician $215-225 Principal Landscape Architect $190-210 Principal Cultural Resources Specialist $200-220 Safety Manager $215-225 Senior Noise/Air Quality Specialist $195-230 Senior Project Manager I-III $165-230 Senior Env Planner $150-170 Senior Scientist $160-210 Senior Regulatory Specialist $160-170 Project Manager I-III $135-185 Assistant Project Manager $100-145 Regulatory Specialist $110-160 Environmental Compliance Specialist $190-210 Environmental Planner I-III $105-135 Biologist I-V $100-170 Noise/Air Quality Specialist $135-155 Environmental Compliance Specialist $85-125 Senior Archaeologist $125-170 Senior Architectural Historian $165-175 Senior Archaeology Field Director $135-145 Archaeology Field Director $125-135 Asst. Archaeology Field Director $95-115 Architectural Historian $120-155 Staff Archaeologist $90-135 Principal Landscape Architect $160-230 Project Landscape Architect $130-160 Landscape Planner I-III $110-120 Landscape Designer $105-110 Senior GIS Specialist $160-190 GIS Specialist I-III $115-150 Graphics $115-125 Technical Editor $110-125 Operations Manager $100-140 Word Processor I-III $90-100 Clerical $75-85 Rates are subject to change on a yearly basis Helix Environmental PSA Archaeological Services Riley Senior Apartments Project 09-26-2023 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES HELIX ENVIRONMENTAL PLANNING, INC. Archaeological Services for the Riley Senior Apartments Project This Agreement for Professional Services (the “Agreement”) is made and entered into as of September 26, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and HELIX Environmental Planning, Inc., a California corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Archaeological Services for the Riley Senior Apartments Project. B. Consultant has submitted to City a proposal, dated October 2, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 2 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed eight thousand and nine hundred dollars ($8,900) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 3 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 4 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. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 5 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 6 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 7 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. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 8 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: HELIX Environmental Planning, Inc. Attn: Mary Robbins-Wade 7578 El Cajon Boulevard La Mesa, CA 91942 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 9 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 10 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager “CONSULTANT” HELIX Environmental Planning, Inc., a California corporation By: Mary Robbins-Wade Its: Cultural Resources Group Manager Attachments: Exhibit A – Consultant’s Proposal DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com October 2, 2023 Damaris Abraham Assistant Community Development Director City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (951) 674-3124, ext. 913 | dabraham@lake-elsinore.org Subject: Letter Proposal/Agreement to Provide Archaeological Services for the Riley Senior Apartments Project Dear Ms. Abraham: HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal/agreement (Agreement) to the City of Lake Elsinore (City; Client) to provide archaeological services for the Riley Senior Apartments Project (project) located in the City of Lake Elsinore, Riverside County (County), California. The project consists of the construction of a 16-unit affordable senior apartment complex on an approximately 0.54- acre vacant parcel of land, located at the northeast corner of the intersection of Riley Street and Heald Avenue (APN 374-162-036). The circa 1931 Mary McDonald gazebo, located within the project property at 301 Heald Avenue and listed as City historical landmark #301, will be preserved in place, and no evaluation of its significance will be required for the purposes of this study. SCOPE OF SERVICES HELIX will provide a Phase 1 archaeological survey to address Section 106 of the National Historic Preservation Act (NHPA), to meet the federal requirements of the project. The study will also adhere to the City’s requirements for California Environmental Quality Act (CEQA) cultural resources studies. HELIX will conduct a self-search of the California Historical Resources Information System (CHRIS) at the Eastern Information Center to update internal records search data for the proposed project site and a one-mile radius around it. HELIX will also contact the Native American Heritage Commission (NAHC) for a Sacred Lands File search, review historic maps and aerial photographs of the project area, conduct a field survey with a Luiseño monitor (subcontracted to HELIX), and prepare a report detailing the methods and results of the study, as well as providing recommendations for any additional work required for compliance with CEQA or Section 106 of the NHPA. The scope of work includes eight hours for a Senior Archaeologist to assist with coordination with the lead federal agency on the findings of the study and prepare a letter for State Historic Preservation Officer (SHPO) concurrence. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Letter to Damaris Abraham Page 2 of 3 October 2, 2023 Although the project site appears to have been disturbed by past development, this does not preclude the presence of cultural resources. The cost estimate provided herein assumes no archaeological resources will be identified during the survey and that the 1931 gazebo on the property will not be affected by the proposed development. If archaeological resources are encountered within the project site, a contract modification may be required to record these resources. If potentially significant sites are identified that cannot be avoided by project design, evaluation of their significance may be required for CEQA or NHPA compliance; any such services will be performed under a budget augment. This task includes addressing one round of minor comments to the report provided by the Client. For the purposes of the project, the gazebo is assumed to be eligible for the National Register of Historic Places and the California Register of Historical Resources; thus, no evaluation of this resource is proposed. If such evaluation is required; it will be provided under a contract augment. SCHEDULE HELIX will work with Client in a timely and professional manner. COST ESTIMATE AND PAYMENT PROCEDURES HELIX submits this cost estimate not to exceed $8,900. All work shall be invoiced on a time-and- materials basis. This quote is good for 30 days from the date of this letter. ASSUMPTIONS AND LIMITATIONS The following assumptions and limitations are a material component of this Agreement. • HELIX will respond to one round of minor comments from City staff and one round of minor comments from the lead federal agency. If additional revisions are needed, a contract augment will be required. • Once preparation of the screencheck draft document has begun, no changes to the project design will occur such that major revisions to the project description or re-analysis of any environmental issue will be required. • Client will identify all potential off-site components associated with the project prior to HELIX conducting the site assessment. • The cultural resources technical report prepared in support of the federal permit will satisfy the CEQA information requirements for the City and a second report will not be necessary. • The archaeological survey will be negative and result in a finding of “no historic properties affected.” • The City will provide the results of government-to-government Native American consultation for inclusion in the Phase 1 archaeological survey report. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 Letter to Damaris Abraham Page 3 of 3 October 2, 2023 • Client is responsible for ensuring that technical reports that are provided to HELIX for the public record by any party not under subcontract to HELIX are consistent with the document accessibility requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and any similar requirements. EXECUTION OF AGREEMENT This quote is good for 30 days from the date of this letter. We look forward to working with you on this project. If you have any questions concerning this Agreement, please contact your Project Manager, Nikki Falvey, or me at (619) 462-1515 or maryrw@helixepi.com. Sincerely, Mary Robbins-Wade Cultural Resources Group Manager Enclosure: Exhibit A, Schedule of Fees DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 EXHIBIT A SCHEDULE OF FEES CONSULTING SERVICES Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time. Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates. Overtime also may be charged at one and one-half times our standard rates. DIRECT COSTS Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field equipment, as well as for plotting, color printing, and aerial photographs. Payment Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. PROFESSIONAL RATES Current hourly rates for consulting services: Principal $230-300 Principal Acoustician $215-225 Principal Biologist $225-290 Principal Landscape Architect $190-210 Principal Planner $220-290 Principal Regulatory Specialist $225-290 Principal Cultural Resources Specialist $190-210 Safety Manager $210-220 Senior Fisheries Scientist $250-255 Senior Noise/Air Quality Specialist $200-220 Senior Project Manager I-III $165-230 Senior Scientist $155-195 Senior Regulatory Specialist $160-$170 Project Manager I-III $135-175 Assistant Project Manager $120-145 Regulatory Specialist $105-150 Environmental Planner I-III $105-135 Biologist I-V $100-155 Noise/Air Quality Specialist $130-145 Environmental Compliance Specialist $85-125 Senior Archaeologist $125-170 Senior Architectural Historian $165-175 Archaeology Field Director $125-$135 Architectural Historian $120-155 Staff Archaeologist $80-125 Senior Landscape Architect $145-160 Landscape Architect $120-140 Landscape Planner I-III $110-120 Senior GIS Specialist $150-185 GIS Specialist I-III $110-140 Graphics $115-$125 Technical Editor $110-125 Operations Manager $100-140 Word Processor I-III $90-100 Clerical $65-75 Rates are subject to change on a yearly basis DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/9/2023 (858) 452-0465 (858) 452-0465 10851 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91942 10120 A 1,000,000 X EF4ML06406-231 4/1/2023 4/1/2024 50,000 Contractor Pollution 10,000 Deductible $5,000 1,000,000 2,000,000 2,000,000 1,000,000B EF4CA00376-231 4/1/2023 4/1/2024 Comp $100 Coll $1,000 9,000,000A EF4CU01451-231 4/1/2023 4/1/2024 9,000,000 0 A Professional Liabili EF4ML06406-231 4/1/2023 Any One Wrongful Act 1,000,000 A Ded: $10k Per Claim EF4ML06406-231 4/1/2023 4/1/2024 Aggregate 2,000,000 Excess Liability policy follows form of the underlying General Liability, Contractors Pollution Liability, Professional Liability & Auto Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. Professional Liability Retroactive Date 10/01/1991 RE: Riley Senior Apartments City of Lake Elsinore is named Additional Insured with respects to General Liability per attached. City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 HELIENV-01 FAUMI1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services 9655 Granite Ridge Drive, Ste 450 San Diego, CA 92123 Alex Trujillo alex.trujillo@assuredpartners.com Everest Indemnity Insurance Co Everest National Insurance Co 4/1/2024 X X X X X X X X X X X X X DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 20 640 02 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 20 640 02 19 Copyright, Everest Reinsurance Company 2019 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION ONGOING OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Solely with respect to coverage provided under Coverages A, B, and C,Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance And Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this Policy remain unchanged. EF4ML06406-231 DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 743 05 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 743 05 19 Copyright, Everest Reinsurance Company 2019 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any owner, lessee or contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or a “pollution incident” caused, in whole or in part, by "your work" at the location d esignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Liability and Deductible: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1 Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this Policy remain unchanged. EF4ML06406-231 Per written contract. DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 10/09/2023 CMR Risk & Insurance Services License #0E59760 110 W A Street, Ste. 725 San Diego CA 92101 Elvira Sandoval (619) 297-3160 (619) 297-3111 esandoval@cmrris.com HELIX Environmental Planning, Inc. 7578 El Cajon blvd. La Mesa CA 91942 CompWest Insurance Company 12177 2023 WC A N CWWCP100039189 04/01/2023 04/01/2024 1,000,000 1,000,000 1,000,000 RE: Riley Senior Apartments City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 DocuSign Envelope ID: 0493CB9C-BCBD-4E07-BC1D-799360D1A892 RILEY STHEALD A V E Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunityRILEY STHEALD A V E Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity Mary McDonald Senior Apartments Project SiteAERIAL MAP PROJECT SITE ´