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HomeMy WebLinkAboutItem No. 13 - Amendment No. 1 to the Professional Services Agreement with HELIX Environmental_2025102400000546513)Amendment No. 1 to the Professional Services Agreement with HELIX Environmental Planning, Inc. for Environmental Services for the Murrieta Creek Multi-Use Trail Project Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with HELIX Environmental Planning, Inc. in the amount of $639,600 plus 10% contingency for additional services to complete revegetation, rehabilitation, and monitoring of habitat for the Murrieta Creek Multi-use Trail Project for a total contract amount not to exceed $970,700, in such 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:Yu Tagai, City Engineer Date:October 28, 2025 Subject:Amendment No. 1 to the Professional Services Agreement with HELIX Environmental Planning, Inc. for Environmental Services for the Murrieta Creek Multi-Use Trail Project Recommendation Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with HELIX Environmental Planning, Inc. in the amount of $639,600 plus 10% contingency for additional services to complete revegetation, rehabilitation, and monitoring of habitat for the Murrieta Creek Multi-use Trail Project for a total contract amount not to exceed $970,700, in such final form as approved by the City Attorney. Background In 2019, the City applied for and was awarded the Active Transportation Program Cycle 4 grant to design and construct the Murrieta Creek Multi-Use Trail extending between Skylark Drive and the Lake Levee Trail. Murrieta Creek Trail is a multi-jurisdictional, active transportation trail consistent with the City’s General Plan and East Lake Specific Plan adopted in 2017. Construction contract for the project was awarded on August 12, 2025, with a Notice to Proceed date scheduled for October 27, 2025. Construction is anticipated to be completed in Fall of 2026. HELIX Environmental Planning, Inc. (HELIX) was the lead environmental consultant for the environmental document approval and final engineering phases. HELIX is providing environmental services as part of the construction phase of the project, which consists of pre- construction surveys, environmental monitoring, implementation, maintenance, and monitoring of restoration and revegetation of temporarily and permanently impacted areas. MCT Environmental Services Page 2 of 2 Discussion As requirements of regulatory permitting agencies, the project is required to mitigate for the temporary and permanent project impacts, which includes 0.046 acres of impacts to the Regional Water Quality Control Board (RWQCB) jurisdictional area, and Western Riverside County Multiple Species Habitat Conservation (MSHCP) revegetation area of 2.63 acres and least Bell‘s vireo (LBVI) mitigation area of 0.41 acres. The scope of work would be completed over five years. The scope of work includes the following: Biological Monitoring of the RWQCB Area for a Two-Year Period Biological Monitoring of the MSHCP and LBVI Mitigation areas for a Five-Year Period Development of irrigation plans for the 0.35 LBVI mitigation area Restoration/Revegetation Installation and mobilization RWQCB Mitigation Area Seed Installation and Mitigation Area Maintenance LBVI Mitigation Area Plant and Seed Installation, Handing Watering, and Area Maintenance MSHCP Revegetation Area Seed Installation and Maintenance Easement Coordination and Support MSHCP Revegetation Area Hand Watering (Optional Task) LBVI Mitigation Area Fine Grading (Optional Task) Fiscal Impact Amendment No. 1 will result into a cost of $639,600 plus an additional 10% in contingency, and total contract amount not to exceed of $970,700. The costs associated with this amendment has been programmed in the City’s CIP Budget. Attachments Attachment 1 - Amendment No. 1 Exhibit A - Proposal Attachment 2 - Original Agreement Engineering 3 9 6 6 1 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES HELIX Environmental Planning, Inc. Environmental Services for the Murrieta Creek Multi-Use Trail Project This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 10/28/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and HELIX Environmental Planning, Inc., a Corporation (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 5/13/2025, (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 Three Hundred Thirty One Thousand One Hundred dollars ($331,100). C. The parties now desire to amend the scope of services, term and increase the payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following: Consultant shall also perform the services described in Consultant’s 10/17/2025 Proposal (attached to this Amendment No. 1 as Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A, 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 Consultant’s Proposal (Exhibit A to the Original Agreement) and Consultant’s 10/17/2025 Proposal (Exhibit A to Amendment No. 1). In no event shall Consultant’s compensation related to Exhibit A to the Original Agreement exceed Three Hundred Thirty One Thousand One Hundred dollars ($331,100). In no event shall Consultant’s compensation related to Exhibit A to Amendment No. 1 exceed Six Hundred Thirty Nine Thousand Six Hundred dollars ($639,600). Total compensation shall not exceed Nine Hundred Seventy Thousand Seven Hundred dollars ($970,700) without additional written authorization from the City. 3 9 6 6 1 Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation “CONSULTANT” HELIX Environmental Planning, Inc., a corporation City Manager Date: Karl Osmundson, Biology Division Manager Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager Attachments: Exhibit A – Consultant’s Proposal 3 9 6 6 1 EXHIBIT A 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 October 17, 2025 00987.00015.001 Yu Tagai City of Lake Elsinore 130 S Main Street Lake Elsinore, CA 92530 YTagai@lake-elsinore.org | 951-674-3124 (x246) Subject: Contract Augment to Provide Additional Environmental Consulting Services for the Murrieta Creek Multi-Use Trail Construction Project The original written contract dated June 9, 2025 between HELIX Environmental Planning, Inc. (HELIX) and the City of Lake Elsinore (Client) is hereby augmented as follows: SCOPE OF WORK (See attached) CURRENT CONTRACT TOTAL $331,100 Task Number Task Name Cost 13 Two-Year Biological Monitoring of the RWQCB Mitigation Area $49,200 14 Five-Year Biological Monitoring of the MSHCP and LBVI Mitigation Areas 165,100 15 Management, Meetings, and Agency Support 19,900 16 Restoration/Revegetation Installation Mobilization 7,100 17 RWQCB Mitigation Area Seed Installation 2,800 18 RWQCB Mitigation Area Maintenance 11,900 19 LBVI Mitigation Area Hand Watering 95,800 20 LBVI Mitigation Area Plant Installation 24,700 21 LBVI Mitigation Area Seed Installation 6,400 22 LBVI Mitigation Area Maintenance 88,900 23 MSHCP Revegetation Area Seed Installation 24,200 24 MSHCP Revegetation Area Maintenance 107,200 25 Easement Coordination and Support 10,900 Subtotal without Optional Tasks $614,000 Optional Tasks 26 MSHCP Revegetation Area Hand Watering $12,600 27 LBVI Mitigation Fine Grading 12,900 Subtotal with Optional Tasks $639,600 TOTAL REVISED CONTRACT without Optional Tasks $945,200 TOTAL REVISED CONTRACT with Optional Tasks $970,700 Contract Augment to Yu Tagai Page 2 of 8 October 17, 2025 Sincerely, Karl Osmundson Biology Division Manager Contract Augment to Yu Tagai Page 3 of 8 October 17, 2025 HELIX will continue work on this contract, inclusive of this augment, in a timely manner and in accordance with the original Terms and Conditions and Schedule of Fees.] ___________________________ (Client) By: ___________________________ Name Title Date: ___________________________ Contract Augment to Yu Tagai Page 4 of 8 October 17, 2025 SCOPE OF WORK Task 13 Two-Year Biological Monitoring of the RWQCB Mitigation Area. 13a: Installation Monitoring and Reporting. HELIX will monitor site preparation consisting of recontouring three temporarily impacted drainage locations and seed installation in the 0.046- acre Regional Water Quality Control Board (RWQCB) mitigation areas identified in the 2024 Murrieta Creek Multi-Use Trail Project On-Site Streambed Revegetation Plan. The RWQCB installation monitoring will include pre- and post-construction photos and monitoring of seed installation. Specifically, HELIX will: • Take pre- and post-construction photos (included in Task 8); • Monitor the recontouring of the temporarily impacted drainages (up to three visits of four hours on-site per visit); and • Conduct a single installation monitoring visit (four hours on-site per visit including travel), to inspect the seed material and monitor seed installation. Following mitigation installation, HELIX will prepare an as-built letter to document the completed work and start of the two-growing season (i.e., two-year) maintenance and monitoring period. The report will include a summary of the site preparation and installation activities, including any changes during implementation. The letter will also include a figure depicting the revegetation area and representative photos of the work. HELIX will provide an electronic copy of the as-built letter to Client for review prior to submittal to RWQCB. HELIX will revise the draft report based on a single set of minor comments provided by the Client. If additional or major comments/revisions are received, a contract augment will be required. 13b. Maintenance and Annual Monitoring. Following installation, a HELIX biologist will monitor maintenance activities conducted by the maintenance crews during the two-growing season maintenance and monitoring period. HELIX will conduct a total of 10 site inspections, five per growing season, during the two-growing season maintenance and monitoring period. Maintenance monitoring will be conducted in accordance with the 2024 On-site Streambed Revegetation Plan for the Project. Maintenance monitoring visits are proposed to be conducted in January, March, May, July, and November. The timing of monitoring visits is subject to change based on weather and site conditions. Brief email documentation of observations and recommendations will be submitted to the Maintenance Contractor and Client following each monitoring visit (10 total, five per growing season). HELIX will also conduct an annual technical monitoring visit in spring (April) of each year during the two-growing season maintenance and monitoring period. Following the annual technical monitoring each spring, HELIX will prepare an annual monitoring report. The annual report will include: photo documentation of the revegetation areas; visual estimates of percent cover of native, non-native, and invasive species; a complete list of plant and animal species observed; hydrology observations; and a summary of whether the revegetation effort is meeting the required performance standards. The reports will be submitted electronically to RWQCB annually. HELIX will submit annual monitoring reports to the Client for review prior to submittal to RWQCB. This task assumes one round of minor revisions (per report) from the Client. Major or multiple revisions may require additional authorization. 13c. Agency Sign-off. HELIX will coordinate and attend one sign-off walk with RWQCB following the completion of the final monitoring report, if necessary. This task assumes performance Contract Augment to Yu Tagai Page 5 of 8 October 17, 2025 standards will be met within the two-growing season period. If the revegetation area does not meet all performance standards, the maintenance and monitoring period will be extended. Additional authorization will be required if the maintenance and monitoring period is extended beyond two growing seasons. Task 14 Five-Year Biological Monitoring of the MSHCP and LBVI Mitigation Areas. 14a: Installation Monitoring and Reporting. HELIX will monitor site preparation and the installation of plant and seed material in the total 3.05-acre revegetation areas identified in the 2025 Murrieta Creek Multi-Use Trail Project Habitat Mitigation and Monitoring Plan. The plan includes two separate mitigation areas: the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) revegetation area (2.63 acres), and the least Bell’s vireo (LBVI) mitigation area (0.41 acre). The MSHCP revegetation area requires three years of maintenance and monitoring, and will include seed installation only (no container plants). The LBVI mitigation area requires five years of maintenance and monitoring, and container plants and seed will be installed along with temporary above-ground irrigation. Installation monitoring will include attending one pre-construction meeting, pre-restoration documentation (photos and hydrology and wildlife use observations), and monitoring of the site during the installation period. Specifically, HELIX will: • Attend one pre-restoration meeting to help ensure that installation personnel understand the project requirements and limitations for both the MSHCP revegetation area and the LBVI mitigation areas; • Inspect the marking of the project limits prior to grading of the LBVI mitigation area; and • Conduct six installation monitoring visits (up to five hours on-site per visit), to: inspect the seed and plant material prior to installation (two visits), confirm proper irrigation coverage (concurrent with plant material inspection), monitor the manner in which the material is installed (three visits), and conduct a post-installation inspection (one visit). Following the completion of the installation, HELIX will prepare an as-built report to document the completed installation and start of the 90-day Plant Establishment Period (PEP), which starts concurrently with the three- and five-year maintenance and monitoring programs. The report will include a summary of the site preparation and installation activities, and document plant material installed including any changes during implementation. The report will also include a figure depicting the revegetation area and representative photos of the work. HELIX will provide an electronic copy of the installation report to Client to review prior to submittal to U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and Western Riverside County Regional Conservation Authority. HELIX will revise the draft report based on a single set of minor comments provided by the Client. If additional or major comments/revisions are received, a contract augment will be required. 14b. Maintenance Monitoring. A HELIX biologist will monitor maintenance activities conducted by the maintenance crews during the five-year maintenance and monitoring period, which includes the initial 90-day PEP that will run concurrently with the start of Year 1. Monitoring visits will be conducted monthly during first three months of Year 1 (three visits; i.e., during the PEP) and will be reduced to eight visits for the remainder of Years 1 through 3 each, for a total of 27 site visits between Years 1 through 3. Monitoring for Years 4 and 5 will consist of six visits each (December, January, March, May, July, and October). The timing of monitoring visits is subject to change based on weather and site conditions. Monitoring memos noting issues with Contract Augment to Yu Tagai Page 6 of 8 October 17, 2025 plant establishment, non-native species, irrigation, sediment control, etc., will be provided, as necessary, to the maintenance contractor and client. 14c: Technical Monitoring. HELIX will conduct technical monitoring visits twice each year during Years 1 through 3 of the maintenance and monitoring period. During Years 4 and 5 only a single maintenance visit will be conducted for the LBVI mitigation area. The first visit (Years 1 through 3) will be conducted in the late spring (April/May) to measure the success of the MSHCP revegetation area. The second visit (Years 1 through 5) will be conducted in the LBVI mitigation area in late summer (August/September). Monitoring for the MSHCP revegetation area will be qualitative (visual only – no transects). Monitoring for the LBVI mitigation area during Years 1 and 2 will be qualitative (visual only – no transects). Monitoring for the LBVI mitigation area during Years 3 through 5 will include quantitative (assumed to be a total of three transects in LBVI mitigation area). HELIX will prepare an annual report after each technical monitoring event. The Years 1 through 3 reports will include the MSHCP revegetation area and LBVI mitigation area results while the Years 4 and 5 reports will only cover the LBVI mitigation area results. The annual reports will include botanical observations (i.e., measurements of percent cover of native and non-native species) and a summary of whether the restoration effort is progressing and meeting the required success standards. The report will also recommend remedial measures that may be required. HELIX will provide an electronic copy of the installation memo to Client to review prior to submittal to the resource agencies. HELIX will revise the draft report based on a single set of minor comments provided by the Client If additional or major comments/revisions are received, a contract augment will be required. 14d. Agency Sign-off. HELIX will coordinate and attend one sign-off walk with resource agencies following the completion of the final monitoring report, if necessary. This task assumes performance standards will be met within the five-year maintenance and monitoring period. If the mitigation areas do not meet all performance standards, the maintenance and monitoring period will be extended. Additional authorization will be required if the maintenance and monitoring period is extended beyond five years. Task 15 Irrigation Construction Documents. HELIX’s Landscape Architecture Group will provide construction documents for a temporary above-grade irrigation system for the 0.35-acre LBVI mitigation area per the Murrieta Creek Multi-use Trail HMMP. An irrigation point of connection has been provided at the end of Skylark Drive, which will be used for this system. The plans will include a Cover Sheet, Irrigation Plan with notes, equipment legend, and construction details. Specifications will not be provided in the document, but relative City standards and details will be referenced reference relevant. This task does not include project meetings. If Client requests additional services that cause HELIX to exceed the time allocated for this task, additional authorization will be required. Two rounds of consolidated Client review comments/revisions are included, and all comments will be addressed in a response table. Following approval, e-signed digital copies of the final plans will be provided to the Client for their use/records. Task 16 Restoration/Revegetation Installation Mobilization. The HELIX management team and two- person restoration crew will attend a four-hour kick off meeting on the first day of installation implementation to review project goals with the project team (i.e. Client and restoration specialist). This day will include staging area preparation and accepting delivery of equipment including a portable restroom, storage container, ATV, etc., for use during installation. Contract Augment to Yu Tagai Page 7 of 8 October 17, 2025 Task 17 RWQCB Mitigation Area Seed Installation. HELIX will install seed withing the 0.046-acre RWQCB mitigation areas. Seed will be hand broadcasted and raked into the soil. HELIX will procure seed from a reputable vendor, like S&S Seed. Seed material will be sourced as close to the project area as possible, but some commercial seed may be required for specific species. HELIX will install two pounds of seed, which is higher than the 0.72 pound listed in the plan. Two pounds of seed is required to meet the minimum ordering requirements from the S&S Seed. Half a workday with a four-person restoration crew is assumed for this task. Task 18 RWQCB Mitigation Area Maintenance. HELIX will maintain invasive and non-native species in the 0.046-acre RWCQB mitigation area for a two-year period. Maintenance will include non- native vegetation treatment via herbicide application, hand weeding, and line trimming. Maintenance will occur quarterly per the maintenance schedule outlined in the On-Site Streambed Revegetation Plan. A total of eight half workdays with a four-person restoration crew are assumed for this task. Task 19 LBVI Mitigation Area Hand Watering. HELIX will conduct supplemental watering during Years 1 through 3 within the 0.35-acre LBVI mitigation area to support native plant establishment. Watering will be performed using a hose connected to a 500-gallon water buffalo, which will be parked along the developed trail within the project. The Client will provide a hydrant with temporary water meter to fill the 500-gallon water meter. Assumes a total of 50 watering events utilizing a two-person restoration crew during Year 1 of the project. Task 20 LBVI Mitigation Area Plant Installation. HELIX will install plants in the 0.35-acre LBVI mitigation area per the HMMP plant palette. Installation quantities include 723 one-gallon or d-40 container stock. Planting assumes flexibility in total quantities and species. HELIX will procure plant material with source locations as close to the project as possible. Placement of container plantings in the field will be coordinated with the restoration specialist. Plants will be watered during planting using a hose connected to a 500-gallon water buffalo. A total of five days with a four-person restoration crew are assumed for this task. Task 21 LBVI Mitigation Area Seed Installation. HELIX will install seed in the 0.35-acre LBVI mitigation area per the HMMP seed palette. Up to 4.20 pounds of seed will be installed. Seed will be dispersed through the work area via hydroseed slurry consisting of 2,500 pounds of wood fiber mulch per acre and eight-pounds of ultralight tackifier per acre. Task 22 LBVI Mitigation Area Maintenance. HELIX will control invasive and non-native species in the 0.35-acre LBVI mitigation area for a five-year period per the HMMP. Maintenance will include non-native weed control via herbicide application, hand weeding, and line trimming. Maintenance will occur quarterly per the maintenance schedule outlined in the HMMP. Additional maintenance visits may be warranted to meet HMMP requirements and may require an augment. During maintenance, HELIX will replace 10% of the container stock installed in Task 22, which totals 72 plants. A total of 36 workdays with a two-person restoration crew are assumed for the maintenance and planting portion of this task. Task 23 MSHCP Revegetation Area Seed Installation. HELIX will install seed withing the 2.66-acre MSHCP revegetation area per the HMMP seed palette. Up to 71.82 pounds of seed will be installed. Seed will be dispersed through the work area via hydroseed slurry consisting of 2,500 pounds of wood fiber mulch per acre and eight pounds of ultralight tackifier per acre. HELIX will procure seed from a reputable vendor, like S&S Seed. Seed material will be sourced as close to the project area as possible, but some commercial seed may be required for specific species. Contract Augment to Yu Tagai Page 8 of 8 October 17, 2025 Task 24 MSHCP Revegetation Area Maintenance. HELIX will control invasive and non-native species in the 2.66-acre MSHCP revegetation area. Maintenance will include non-native weed control via herbicide application, hand weeding, and line trimming. Maintenance will occur quarterly over the three-year maintenance period, per the maintenance schedule outlined in the HMMP. Additional maintenance visits may be warranted to meet HMMP requirements and may require an augment. A total of 36 workdays with a four-person restoration crew are assumed for this task. Task 25 Easement Coordination and Support. HELIX has assumed 40 hours of Senior Biology Project Manager time and eight hours of Principal Biologist time for management/meetings with the Client, Rivers and Lands Conservancy, CDFW, and other applicable agencies regarding conservation easement of the least Bell’s vireo mitigation area. If Client requests additional services that cause HELIX to exceed the time allocated for this task, additional authorization would be required. Optional Tasks Task 26 MSHCP Revegetation Area Hand Watering. If needed, HELIX will conduct supplemental watering during Year 1 within the 2.66-acre MSHCP revegetation area to support native plant establishment. Watering will be performed using a hoses connected to a water buffalo. Due to the configuration of the project and water pressure limitations, HELIX does not propose a temporary, automatic, and above grade overhead irrigation system within the MSHCP revegetation area. If supplemental watering is required due to poor rainfall, HELIX will conduct supplemental watering, as needed. Assumes a total of six watering events utilizing a two- person restoration crew during Year 1 of the project. Task 27 LBVI Mitigation Area Fine Grading. If needed, HELIX will perform fine grading within the 0.35- acre LBVI mitigation area following rough grading completed by another contractor. Fine grading will be conducted using an excavator to shape, smooth, and contour the work area. This activity will be performed to give the LBVI Mitigation Area a more organic and natural appearance prior to installation efforts. A total of three days with an operator and restoration technician are assumed for this task. ASSUMPTIONS AND LIMITATIONS The following additional assumptions and limitations are a material component of this Agreement. • This estimate does not include costs for water and meter. The Client is responsible for water and associated costs. • HELIX is not responsible for the replacement or repair of the project lost or damaged due to vandalism, natural disasters (such as fire and flood), and other events and circumstances. • Erosion control and repair of erosion problems due to natural rainfall is not a part of this estimate. • This estimate includes state prevailing wage labor rates. • Vehicle access will be permitted on the developed trail within the project area for the purposes of transporting materials, equipment, and personnel. Page 1 AGREEMENT FOR PROFESSIONAL SERVICES HELIX Environmental Planning, Inc. Environmental Services for the Murrieta Creek Multi-Use Trail Project This Agreement for Professional Services (the “Agreement”) is made and entered into as of May 13, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and HELIX Environmental Planning, Inc., a Corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Environmental services – pre-construction surveys, environmental monitoring and implementation, maintenance, and monitoring of restoration and revegetation of impacted areas. B. Consultant has submitted to City a proposal, dated March 4, 2025, 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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 Three Hundred Thirty One Thousand One Hundred dollars ($331,100) 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: Karl Osmundson 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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 Corporation By: Karl Osmundson Its: Biology Division Manager Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 6/17/2025 | 4:50 PM PDT 6/18/2025 | 11:33 AM PDT 7/2/2025 | 3:31 PM PDT7/3/2025 | 3:30 PM PDT 7/3/2025 | 3:43 PM PDT EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com June 9, 2025 Yu Tagai City of Lake Elsinore 130 S Main Street Lake Elsinore, CA 92530 YTagai@lake-elsinore.org | 951-674-3124 (x246) Subject: Letter Proposal to Provide Environmental Services for the Murrieta Creek Multi-Use Trail Construction Project Dear Mr. Tagai: HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal (Proposal) to the City of Lake Elsinore (City) to provide environmental services for the Murrieta Creek Multi-Use Trail Construction Project (project) located in the City of Lake Elsinore, Riverside County, California. The project includes the construction of a multi-use trail within the vicinity of Murrieta Creek and Lake Elsinore. SCOPE OF SERVICES Environmental services consist of: pre-construction surveys; environmental monitoring; and implementation, maintenance, and monitoring of restoration and revegetation of temporarily impacted areas. In addition, the project will implement the Habitat Mitigation and Monitoring Plan as mitigation for project impacts. Task 1 Protocol Burrowing Owl Surveys. HELIX will conduct an updated habitat assessment for burrowing owls for the project site and a 500 foot buffer. The buffer and project area result in a total survey area of approximately 150 acres within California Department of Fish and Wildlife (CDFW) habitat, some of which is not suitable burrowing owl habitat. As suitable burrowing owl habitat is known to occur in the project area, HELIX will conduct a presence/absence survey for burrowing owl (Athene cunicularia) in compliance with the project Streambed Alteration Agreement (SAA, EPIMS-RIV-43632-R6). As specified in the SAA, the surveys will be conducted in accordance with the 2006 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Burrowing Owl Survey Instructions. The SAA also requires the survey to occur between 30 and 60 days prior to the start of project impacts. A minimum of one site visit must occur, but up to four visits may be required depending on the results of the first site visit. HELIX anticipates four surveys will be required, based on the previous work conducted. HELIX estimates that the survey area of the project site and a 500 foot buffer includes less than 90 acres of potential burrowing owl habitat. The surveys are to occur during the breeding season (March 1 through August 31) at least one week apart, and between 30 to 60 days prior to the start of the project impacts. A report of the survey results will be submitted electronically to the City and CDFW within 10 days of the last survey and no less than 21 days prior to the start of project activities. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 Letter Proposal to Mr. Yu Tagai Page 2 of 6 June 6, 2025 Task 2 Pre-construction Burrowing Owl Survey. As required pursuant to the Western Riverside County MSHCP and project mitigation measure BIO-2, HELIX will conduct a pre-construction burrowing owl survey to confirm the presumed absence of the species within potential impact areas of the project. The survey will be conducted in accordance with the March 29, 2006, Burrowing Owl Survey Instructions for the Western Riverside County MSHCP Area. The pre-construction survey is required to occur within 30 days prior to project impacts and consists of a single visit. A letter report with appropriate maps will be provided to the City via e-mail for submittal to the City. A positive survey will require that burrowing owl be avoided and or relocated and burrowing owl plan describing avoidance, relocation, monitoring, minimization and mitigation measures be approved by CDFW. This task does not include a burrowing owl plan. If required, additional authorization would be required to prepare a burrowing owl plan. Task 3 Pre-Construction Nesting Bird Survey. HELIX will conduct a pre-construction nesting bird survey to determine if active nests are present on or adjacent to the project site. The survey will be conducted within three days prior to initiating activities. The project SAA Measure 2.11 requires the survey to be conducted year-round in areas of CDFW jurisdiction (below the 1,265 foot level). The project mitigation measure Bio-3 requires preconstruction nesting bird surveys to be conducted prior work starting during the breeding season of January 15 to September 15 for the entire alignment. Due to the linear nature of the project, it is anticipated that the timing of the vegetation removal will require multiple surveys. This task includes up to three surveys. The surveys are anticipated to cover a directed search of approximate 60 acres survey comprised of the project area, and up to a 100-foot buffer. Due to overlap of habitat each of the three surveys is anticipated to cover up to 30 acres. Nesting habitat between 100 and 500 feet from the project alignment will be surveyed via binoculars where trees with potential to support nesting raptors occur. Adjacent developed habitat is to be surveyed via binoculars where appropriate. HELIX will provide a brief letter report to the City describing the survey methods and results of the survey, including a map of active nest(s) found during the survey and corresponding setback buffer from the active nest based on the project requirements, species, nest location, and other environmental factors. An additional pre-construction survey would be required if ground disturbance does not initiate within three days of the pre-construction survey date, which would require additional authorization from the City. This task does not include additional site visits to conduct nest monitoring, determine the status of nests, or time to coordinate with the resource agencies. Due to the time required to determine species, specific nest locations and setting up a buffer, and coordination with the team, this task assumes that no more than five active nests will be identified during the pre-construction nesting bird survey, if more than five nests are located an additional authorization would be required. Task 4 Paleontological Resources Monitoring and Treatment Plan. For compliance with project Mitigation Measure GEO-1, as a subconsultant to HELIX, the Paleo Services department of the San Diego Natural History Museum (SDNHM) will provide qualified paleontologists to develop a Paleontological Resource Monitoring and Treatment Plan (PRMTP) that will be submitted to the City for approval by the Community Development Director. The qualified paleontologist will monitor the construction activities in accordance with the PRMTP. This task includes 30 days of paleontological monitoring and attendance of meetings over an eight-month period, for a total of 240 hours. This task assumes that fossils will not be discovered. Should fossils be found during the project an additional authorization would be required to cover the cost of processing and preservation of the fossils if required. A post-construction report is included. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 Letter Proposal to Mr. Yu Tagai Page 3 of 6 June 6, 2025 Task 5 Worker’s Education Awareness Program Brochure and Training. In accordance with SAA Measure 2.8, HELIX will prepare a Worker’s Education Awareness Program (WEAP) brochure/fact sheet that will be provided to project personnel during the pre-construction meeting. The WEAP brochure will contain biological information and photographs of the sensitive biological resources that may occur on the project site. It will also contain a brief summary of the general restrictions during construction, requirements prior to commencing and after work finishes each day, invasive species education, contact information for biological, cultural, paleontological monitors, and the Designated Biologist. The WEAP brochure will be provided in English and Spanish. HELIX will give an education training presentation (in English) to the persons employed or otherwise working on the project. The City will be responsible for providing a translator for the WEAP, if needed. This task includes up to 35 copies (30 in English and five in Spanish) of the brochure and up to two training sessions. Task 6 Cultural Resources (Archaeological) Construction Monitoring. HELIX will provide archaeological monitoring per the requirements of the project’s Mitigation Monitoring and Reporting Program (MMRP), specifically Mitigation Measures CUL-1, CUL-2, and CUL-5. This scope includes: preparation of a Cultural Resources Monitoring Program (CRMP) in consultation with the consulting tribe and for submittal to the Community Development Director; cultural sensitivity training by a qualified archaeologist at a preconstruction meeting; and monitoring of all initial ground-disturbing activities, including brushing/grubbing, tree removal, trenching, and grading, by a qualified archaeological monitor; daily monitoring notes; and preparation of a monitoring letter report (Phase IV report). Should any cultural material be encountered, the archaeological monitor will stop work within a 100-foot radius and immediately inform HELIX’s principal investigator, the consulting tribe (if a tribal monitor is not present), and the City. Once the archaeologist and the consulting tribe have examined the cultural material, the significance of the discovery shall be discussed with the Community Development Director. If cultural material is identified it may need to be evaluated and treatment/disposition determined. Additional excavation or other research may be required, which may result in additional costs, requiring additional authorization. The scope and cost of additional work would depend on the nature and extent of cultural material encountered. We will notify you immediately if cultural material is encountered. This scope assumes 40 nine-hour days (360 hours) of monitoring by an archaeologist; this time includes travel to the project site and daily notes. If additional days of monitoring are required to stay in compliance with the MMRP, you will be notified immediately, and additional authorization will be required. Task 7 Tribal Coordination. Tribal cultural monitors will be retained directly by the City, and that scope and cost are not included in this proposal. However, HELIX cultural resources staff will coordinate with the consulting tribe to keep them apprised of the grading and monitoring schedule and informed of any discoveries that may occur when a tribal monitor is not present. Sixteen hours of a cultural resources project manager’s time are assumed over the six to eight month construction period. Task 8 Biological Construction Monitoring. Under this task, HELIX will provide construction monitoring to help keep activities within the approved project limits. The monitoirng will be conducted as required by SAA Measures 2,2, 2.5, 2.6, 2.7, and 2.9. Included in this construction monitoring are the following tasks to be carried out by HELIX: a) Pre-, Post-, and during construction photo documentation; b) Supervise the placement of fencing along the approved limits of disturbance; Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 Letter Proposal to Mr. Yu Tagai Page 4 of 6 June 6, 2025 c) Help keep construction activities and staging areas are restricted to the approved development area; d) Monitor construction activities (as needed) so that construction does not encroach into biologically sensitive areas beyond the approved limits of disturbance; e) Assist with inspection of equipment as it arrives to project site; f) Conduct daily clearance surveys of the project area prior to project activities to avoid impacts to non-listed terrestiral wildlife; g) Monitor the best management practices throughout construction; h) Verify that the area outside the established limits of disturbance remains free of trash, parking, or other construction-related activities. For cost estimate purposes, an eight month construction monitoring period has been assumed with a total of 160 site visits (900 monitoring hours total) by one designated biologist. Monitoirng visits are anticipated to be between four and eight hours a day (including travel) depending upon construction activites. Biological construction monitoring will include attending a pre-construction meeting, presenting the environmental training to new crews throughout the project timeframe, as well as ongoing biological construction monitoring including full-time monitoring during project vegetation clearing and daily morning visits within CDFW jurisidction. If additional hours of monitoring are required, additional authorization would be provided. Task 9 Management/Meetings and Agency Liaison. HELIX has assumed 90 hours of Sr. Scientist, Project Manager, and Principal Biologist time for management/meetings with the project team, and other applicable agencies, and related advisory services. This task includes submitting the names and qualifications of Designated Biologists, biological monitors, and other qualified personnel to be pre-approved by CDFW prior to surveys as required by the SAA. Commencement of construction notifications to CDFW and Regional Water Quality Control Board (RWQCB) and a single RWQCB annual report to are included in this task. The RWQCB annual report is due on December 6th each year until sign-off of restoration activities. If the City requests additional services that cause HELIX to exceed the time allocated for this task, additional authorization would be required. Optional Tasks Task 10 Bird Nest Monitoring. If an active bird nest is identified as part of the pre-construction bird survey described in Task 5, HELIX will conduct daily nest monitoring including documentation of the stage of reproduction and expected fledge date per SAA Measure 2.11.4. This task provided up to three hours a day (including travel time) of nest monitoring for up to six weeks (30 days). This task also includes submitting weekly reports regarding the status of the nest(s) to CDFW. Only the hours used will be billed. When appropriate, the nest monitoring biologist can also conduct the required biological construction monitoring duties to aid in cost reduction. If additional monitoring is required beyond the assumed hours, additional authorization would be required. Task 11 Least Bell’s Vireo Protocol Surveys. For compliance with SAA Measure 2.12, if construction activities are proposed to occur within 1,000 feet of potential least Bell’s vireo (Vireo bellii pusillus) habitat during the breeding season (April 10 to August 31), then protocol surveys are required to determine the presence/absence of least Bell’s vireo. HELIX will conduct surveys for the federally and state listed endangered least Bell’s vireo within appropriate habitat within 1,000 feet of project impacts. The surveys will follow the most current U.S. Fish and Wildlife Service (USFWS) protocol, which requires eight surveys at least ten days apart, between April 10 and July 31. As required under the USFWS protocol for conducting vireo surveys, HELIX will Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 Letter Proposal to Mr. Yu Tagai Page 5 of 6 June 6, 2025 submit a final report to the USFWS and CDFW within 45 days after completing the final survey. Survey results data will also be provided to the U.S. Geological Survey Riparian Bird Working Group. If least Bell’s vireo are present and work is proposed to occur within 500 feet of a least Bell’s vireo nest, additional mitigation measures, including obtaining California Endangered Species Act (CESA) authorization, are required. This task does not include implementation of the additional measures or obtaining CESA authorization. No additional measures are required if work within 500 feet of occupied least Bell’s vireo habitat can be avoided. SCHEDULE HELIX will work with the City in a timely and professional manner. COST ESTIMATE HELIX submits this cost estimate not to exceed $304,100 without option tasks, or $331,100 with optional tasks, which is provided below in a breakdown by task. All work shall be invoiced on a time-and- materials basis pursuant to Exhibit A, Schedule of Fees. Task Number Task Name Cost 1 Burrowing Owl Surveys $15,400 2 Pre-construction Burrowing Owl Survey 6,550 3 Pre-Construction Nesting Bird Surveys 12,400 4 Paleontological Resources Monitoring and Treatment Plan 37,100 5 Worker’s Education Awareness Program Brochure and Training 8,850 6 Cultural Resources (Archaeological) Construction Monitoring 46,500 7 Tribal Coordination 2,500 8 Biological Construction Monitoring 154,900 9 Management/Meetings and Agency Liaison 19,900 Subtotal without Optional Tasks $304,100 Optional Tasks 10 Bird Nest Monitoring $11,950 11 Least Bell’s Vireo Protocol Surveys 15,050 Subtotal with Optional Tasks $331,100 ASSUMPTIONS AND LIMITATIONS The following assumptions and limitations are a material component of this Proposal. • City 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. • 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 Proposal. • City will pay any required CDFW environmental review fees and County filing fees. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 Letter Proposal to Mr. Yu Tagai Page 6 of 6 June 6, 2025 • City will identify all potential off-site components associated with the project prior to HELIX conducting the site assessment. • Native American monitoring will be contracted directly by the City and is not included in this scope of work. • Assumes that the cultural resources and paleontological monitoring will be negative and a letter report will be sufficient documentation of the monitoring effort. If cultural and/or paleontological material is encountered, it may need to be evaluated and treatment/disposition determined. Additional excavation or other research may be required, which may result in additional costs, requiring additional authorization. The scope and cost of additional work would depend on the nature and extent of cultural material encountered. We will notify you immediately if cultural material is encountered. • HELIX is committed to meeting accessibility requirements for the ADA and Section 508 of the Rehabilitation Act for public-facing digital document deliverables. CLOSING We look forward to working with you on this project. If you have any questions concerning this Proposal, please contact your Project Manager Rob Hogenauer at (562)537-2426 or RobertH@helixepi.com, or me at (619) 462-1515 or KarlO@helixepi.com. Sincerely, Karl Osmundson Biology Division Manager/Principal Biologist Enclosures: Exhibit B, Schedule of Fees for Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 EXHIBIT B SCHEDULE OF FEES HOURLY RATES Principal $300-325 Director of Operations $220 Principal Planner $250-310 Safety Manager $215 Principal Biologist/Regulatory Specialist $235-310 Senior Construction Project Manager $260-310 Principal Noise/Air Quality Specialist $220-235 Construction Project Manager I-III $155-200 Principal Landscape Architect $220-250 Assistant Construction Project Manager $125 Principal Cultural Resources Specialist $220-250 Construction Foreman $104 Senior Noise/Air Quality Specialist $175-230 Land Manager $104 Senior Project Manager $185-230 Equipment Manager $104 Senior Environmental Planner $160-210 Operator $158 Senior Scientist/Regulatory Specialist $165-205 Irrigation Technician $140 Project Manager $145-$185 Senior Restoration Supervisor $153 Assistant Project Manager $100-145 Restoration Supervisor I-II $131-147 Regulatory Specialist $130-150 Assistant Restoration Supervisor $110 Environmental Compliance Specialist $195 Restoration Foreman $104 Environmental Planner $110-145 Restoration Lead $86 Biologist $120-165 Restoration Technician I-III $61-80 Noise/Air Quality Specialist $135-170 Nursery Manager $140 Senior Archaeologist/Architectural Historian $125-170 Nursery Technician $55 Senior Archaeology Field Director $135-145 Archaeology Field Director $125-135 Asst. Archaeology Field Director $95-120 Staff Archaeologist/Architectural Historian $90-135 Landscape Architect $140-190 Landscape Designer $110-140 Senior GIS Specialist $160-190 GIS Specialist/Graphics Specialist $115-150 Operations Manager $100-150 Technical Editor $115-125 Word Processor $90-100 Clerical $75-85 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. Rates are subject to change on a yearly basis. PAYMENT Invoices will be submitted monthly. Payment on invoices is due within 30 days of receipt. 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. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 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 5/15/2025 (858) 200-3373 (858) 200-3374 10172 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91942 22667 A 1,000,000 X G48973164 001 4/1/2025 4/1/2026 50,000 CONTRACTOR POLLUTION 10,000 1,000,000 2,000,000 2,000,000 1,000,000B H08888073 001 4/1/2025 4/1/2026 5,000,000A G48973176 001 4/1/2025 4/1/2026 5,000,000 0 A Professional Liab.G48973164 001 4/1/2025 Any One Wrongful Act 1,000,000 A Professional Liab.G48973164 001 4/1/2025 4/1/2026 Aggregate 2,000,000 *Excess Liability Insurer: Lloyds of London Policy Term: 4/1/2025 - 4/1/2026 Policy Number: ENVXSS530982 Limits: Aggregate: $5,000,000 ; Occurence: $5,000,000 Excess Liability policy follows form of the underlying General Liability, Contractors Pollution Liability, Professional Liability & Auto Liability. SEE ATTACHED ACORD 101 City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 HELIENV-01 PERMI1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services 9655 Granite Ridge Drive, Ste 450 San Diego, CA 92123 Miriam Fausto miriam.fausto@assuredpartners.com Westchester Surplus Lines Ins Co ACE American Ins Co. 4/1/2026 X X X X X X X X X X Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 6/17/2025 | 3:55 PM PDT FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services HELIENV-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Suite 200 La Mesa, CA 91942 SEE PAGE 1 PERMI1 1 Description of Operations/Locations/Vehicles: 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: Murrieta Creek Trail City of Lake Elsinore is included as additional insured with respects to General Liability per attached. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: G48973164 001 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONSADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations $VUHTXLUHGE\ZULWWHQFRQWUDFWSULRUWRDORVVWR ZKLFKWKLVLQVXUDQFHDSSOLHV $VUHTXLUHGE\ZULWWHQFRQWUDFWSULRUWRDORVVWR ZKLFKWKLVLQVXUDQFHDSSOLHV 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" or "property damage" caused, in whole or in part, by "your work" at the location designated 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 Insurance: 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. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: G48973164 001 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATIONADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract, prior to a loss to which this insurance applies As required by written contract, prior to a loss to which this insurance applies 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 "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: 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. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 6/17/2025 | 3:55 PM PDT 05/27/2025 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 2025-CA A N Y CW WCP 100039189 04 04/01/2025 04/01/2026 1,000,000 1,000,000 1,000,000 RE: Murrieta Creek Trail. Waiver of Subrogation is provided per the terms and conditions of form WC990313C. 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 below If 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 HIRED AUTOS ONLY Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2025 Policy No. CW WCP 100039189 04 Endorsement No. Insured HELIX ENVIRONMENTAL PLANNING, INC.Premium:$0 Insurance Company COMPWEST INSURANCE COMPANY Countersigned by __________________________________________ WC 99 03 13 C (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $ 500. Schedule Person or Organization Description Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633 CITY OF LAKE ELSINORE TO BE POSTED IN A CONSPICUOUS PLACE Business Name: Business Location: Owner Name(s): BUSINESS LICENSE NO. Issue Date: Description: Expiration Date: BUSINESS LICENSE THIS IS YOUR LICENSE • NOT TRANSFERABLE 7578 EL CAJON BLVD Business Type: LA MESA, CA 91942-4646 HELIX ENVIROMENTAL PLANNING 7578 EL CAJON BLVD LA MESA, CA 91942-4646 This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674-3124 HELIX ENVIROMENTAL PLANNING MICHAEL SCHWERIN KRISTIN OLSZAK CONSULTING SERVICES ENVIROMENAL CONSULTING & BIOLOGICAL SERVICES FIRM 021079 3/1/2025 2/28/2026 Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ Docusign Envelope ID: A8B036EA-C16B-4B84-B1FD-DF760B6BC633