Lake Elsinore City Council
March 11, 2025

Exhibit 2 - Professional Services Agmt - Kimley-Horn and Associates Page 1

AGREEMENTFORPROFESSIONALSERVICES
Kimley- Horn and Associates, Inc
Environmental Documentation for the Riverside Drive Apartments Project This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 23, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Kimley-Horn and Associates, Inc., a North Carolina Coporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

CEQA consulting services for the Riverside Drive Apartments (‘’Project”).

B. Consultant has submitted to City a proposal, dated June 26, 2024, 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). This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspension is due to circumstances that the Consultant does not control. Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, pandemics, quarantine restrictions, adverse weather, or acts of third parties, or governmental agencies.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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.
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 seventy- eight thousand six hundred dollars ($78,600) 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, Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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.

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) Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
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.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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 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 Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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 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: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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. 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 additional 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: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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: Kimley-Horn and Associates, Inc
Attn: John Pollock
3801 University Avenue, Suite 300
Riverside, CA 92501

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: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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”
Kimley-Horn and Asociates, Inc., a North
Carolina Corporation
By: John A. Pollock
Its: Vice President
Attachments: Exhibit A – Consultant’s Proposal
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
ATTACHED]
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 June26, 2024
Mr. CarlosSerna-Ortiz, AssociatePlanner
City of LakeElsinore
Community Development Department
130 South Main Street
LakeElsinore, CA92530
RE: REVISED-Proposal for the Preparation of an anticipated Initial Study/ Mitigated Negative Declaration and Associated Technical Studies for the Riverside Drive Apartment Project
Dear Mr. Serna-Ortiz:

Pleasefind attached our proposal to California Environmental Quality Act (CEQA) servicesfor the Riverside Drive Apartment Project (Project).

Our scope, schedule, and fee is based on our understanding of the Project and City of Lake Elsinore (City) review process as set forth in the Project Request For Proposals (RFP) dated Wednesday, May 8, 2024, as well asfollow up conversations with City staff.

The City needsa consultant who understands and recognizesthe unique environmental needsof residential developments, and who is a recognized leader in providing California Environmental Quality Act (CEQA) documentation. Our Kimley-Horn project team has substantial experience assisting local municipalities with all aspects of environmental review and project implementation, including complex EIRsand MNDs for similar projects in Lake Elsinore and throughout the Inland Empire. The Kimley-Horn team also includes ELMT Consulting for biological resources support. Kimley-Horn currently has an on call contract with the City for planning services.

The Riverside Drive Apartment project proposes a 92-unit multi- family residential apartment complex consisting of 12 two- story buildings, a clubhouse/leasing office, swimming pool and other amenities, as well as 190 parking spacesand related site improvements located on a 4.95- acre site in the Residential Mixed-Usezone. Theproject is located north of Eisenhower Drive and south of Lake Crest Drive on Riverside Drive and is more specifically known as 32281 Riverside Drive within the City of LakeElsinore.

The following scope of work assumesthat a CEQA15183 ConsistencyAnalysiswill be prepared to satisfy CEQArequirements. If any of the technical studies prepared by Kimley-Horn and/or third parties determine that the project will result in significant and unavoidable impacts, Kimley- Horn would prepare an Environmental Impact Report (EIR) scope of work at that time.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page2
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868

SCOPEOFWORK
Task1. Project Kickoff
The Kimley-Horn environmental team will review available Project information, plans and studies, as well as other available relevant information. Kimley-Horn will confirm the overall approach and schedule with the City.

Task2. Prepare Project Description
The Kimley-Horn environmental team will use information obtained in Task1 and work closely with City staff to prepare a draft Project Description for the California Environmental Quality Act CEQA) document. The Project Description will be prepared to the level of detail required by the City for the entitlement approvals being sought. The draft Project Description will be sent to the City for review and will be used asthe basisfor the ConsistencyAnalysis.

Task3. Peer Review of Technical Studies
A) Peer Review of Biological ResourcesAssessment/MSHCPConsistency Analysis Kimley-Horn has retained the services of ELMT to peer review the Biological Resources Assessment/MSCHPConsistencyAnalysis.

ELMTwill conduct a peer review of the previously prepared HA-MSHCPfor the proposed project.

ELMTwill first verify the technicalreferences/databasesreviewed prior to conductingan on-site field investigation.

Followingthe initial review of the technicalreport, an on-site field investigationwill be conducted to verify the biological resourcesdocumented in the technical report and to ensure field conditions remain the same. Thefield investigationwill verify the extent of vegetationmapping, suitability of the habitat to support special-status plant and wildlife species, and proposed impacts to biological resources, if any.

ELMTwill prepare a third-party peer review memorandum that will include a comprehensivereview of the preparedreport for technicalaccuracy, completenessof the impact assessment, and adequacy of any proposedmitigation measuresand/or permit requirements. If concernsare noted, ELMTwill recommend actionsto correct the noted concern or concerns. ELMTwill respond to two (2) setsof comments and update the peer review memorandum asappropriate to addressall comments. This taskwill be billed on a time and materialsbasisand providesa not-to-exceedamount.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page3
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 B) Peer Review of Cultural ResourcesAssessment
Kimley-Horn and Associates, Inc. (KHA) will conduct a peer review for one (1) provided Cultural and Paleontological ResourcesAssessmentfor the proposed Project. Scopeincludes one review cycle and the review will focus on the appropriateness/ thoroughness of the methodology and analysis, whether the conclusions are supported by factual/ credible evidence, and whether the analysis meets the applicable provisions of CEQAand the State CEQAGuidelines. Kimley-Horn will draft a memo outlining findings of the peer review and any recommendations ( i.e. report updates, additional work, etc.). This scope does not include any meetings to discussthe results of the peer review, responses to comments on the peer review memo, additional written deliverables, etc. Any effort beyond the outlined peer review and associated memo will necessitate a scope/budget change.

C) Peer Review of Air Quality, Greenhouse Gas, Energy, Noise Assessments Kimley-Horn will peer review the Air Quality, Greenhouse Gas, Energy, and Noise Assessment Reports prepared for the Project. The peer reviews will focus on the appropriateness/ thoroughness of the methodology and analysis, whether the analysis’ conclusions are supported by factual/ credible evidence, and whether the analysis meets the applicable provisions of CEQAand the State CEQAGuidelines. For each peer review, Kimley-Horn will:

Evaluate the adequacy of the methods used to conduct the various parts of the Noise Assessment concerning regulatory standards and the State CEQA Guidelines. Our analysis will focus on the appropriateness/ thoroughness of the methodology and analysis; whether the analysis conclusions are supported by factual/ credible evidence; and whether the analysis meets the requirements under applicable provisions of the CEQAand State CEQAGuidelines;
Evaluate the consultant’s recommendations and conclusions based on State CEQA Guidelines, City CEQAprocedures, and State and federal laws as applicable; Prepare a Draft Memorandum to present peer review findings and make recommendations;
Conduct follow- up review of the revised technical study to verify the Draft Memorandum recommendations have been incorporated; and
Prepare a Final Memorandum to substantiate compliance with the Draft Memorandum recommendations.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page4
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 D) Peer Review of PhaseI Environmental Site Assessment
Kimley-Horn will peer review the applicant’s PhaseI Environmental Site Assessment. The Report will be peer-reviewed for accuracy as well as compliance with CEQAThreshold requirements. A peer review memorandum will be prepared and submitted to City staff for review.

Task4. Draft CEQASection 15183 Consistency Analysis
Based on review of the project application materials, the project may qualify for a consistency evaluation pursuant to State CEQA Guidelines Section 15183 Projects Consistent with a Community Plan or Zoning, based on the project’s consistency with the adopted City of Lake Elsinore General Plan and General Plan EIR. The environmental document for the proposed project would be based on the certified City of LakeElsinore General Plan EIR. Section 15183 of the State CEQAGuidelines provides the most flexibility for projects that have some variations relative to the original environmental document. Using the requirements of this section, we would utilize the supporting site development plans, architectural renderings, and other project specific (technical) studies prepared by the applicant and Kimley-Horn to demonstrate where the conclusions and mitigation measures in the previously certified EIRwould remain valid, and to validate/ rule out the need for additional analysis and/ or new mitigation measures to meet current regulatory and/ or City requirements.

Kimley-Horn will complete the CEQAInitial Study and Environmental Checklist as the means to substantiate the CEQAdirection anticipated. Kimley-Horn will complete the Initial Study Checklist in accordance with CEQA Guidelines and in accordance with City of Lake Elsinore format/ procedural requirements. We fully anticipate that the Scopeof the Initial Study will be reviewed/ vetted by and with City Staff to ensure concurrence on approach, completeness, and to verify/ validate current IS/Environmental Checklist format and procedures.

Given the size, characteristics, and location of the project, we anticipate the technical memoranda ( to be provided by the applicant) would serve as a “consistency” analysis of the project with the UCSPEIRassumptions, thresholds, and environmental parameters. Further, as part of this analysis, Kimley-Horn will also assesswhether or not the requested entitlements would trigger any new environmental effects that fall into the following categories:

Are new impacts created that are peculiar to the project or the parcel on which the project is located?
Are new impacts or more significant impacts created that were not analyzedassignificant effects in the prior EIR?
Are new or potentially significant off-site impacts or cumulative impacts which were not analyzed in the prior EIR? And,
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page5
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Are previously identified significant effects which, as a result of substantial new information, are determined to have a more sever adverse impact than discussedin the prior EIR?
Following review of the technical memorandums, Kimley-Horn will meet with City Staff to discuss the findings and determine the appropriate CEQAdocumentation to be prepared (Section 15183 analysis, Mitigated Negative Declaration or Negative Declaration). If new environmental effects based on the categories above are identified, a Section 15183 analysiswill not be applicable, and instead, a Mitigated Negative Declaration would be anticipated, and could be provided under a separate scope and fee.

Asidentified above, the Initial Study will form the basisfor the Environmental Analysisdiscussion and will provide the necessary background for determining the potential for significant environmental effects associatedwith the proposed project. Eachof the topics identified on the environmental assessment form contained in the State CEQAGuidelines will be evaluated to document the nature and extent of any potential environmental consequencesand the need for mitigation. Many of the issue areas addressed in the Initial Study will not have the potential for significant effects (i.e., “No Impact” or “Lessthan Significant Impact”) due to the type and sizeof the proposed project. However, the document will address any potential impacts under all environmental issues. The specific purpose of the analysis in the Initial Study will be to identify all potential significant adverseenvironmental impacts and incorporate any necessarymitigation measures to reduce or eliminate any adverse consequences.

Kimley-Horn will prepare a draft Initial Study/ Section 15183 ConsistencyAnalysisdocument to include the following sections:

Introduction. This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the appropriate environmental document and will provide a brief summary of the findings of the Initial Study.

Environmental Setting. The environmental setting will describe existing physical setting and characteristics of the project site, aswell asthe setting and character of adjacent land usesand the surrounding area.

Project Description. The project description will provide a detailed, yet concise, description of the proposed project. The purpose and need for the project will be clearly stated, along with the anticipated ( community) benefits of the proposed project. Any discretionary actions needed to implement the project will be identified.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page6
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Environmental Analysis. This section will provide an expanded discussion of the environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response. A statement will be provided to clearly support the checklist response to each question. Referencesused as the basis for the analysiswill also be listed after each response.

Task5. Revised CEQASection 15183 Consistency Analysis
Once the Draft CEQASection15183 ConsistencyAnalysisis completed, it will be presented to the City for review and comment. The City will review the information provided in the Consistency Analysisrelative to the project and provide comments on the ConsistencyAnalysis. Kimley-Horn will address any comments and submit the updated ConsistencyAnalysis to the City for review and final comment. Thisscope of work assumes30 hours of staff time to complete the responses to comments. If the number or nature of the comments require additional time to complete the responsesto comments, written authorization from the City will be required to exceed30 hours.

Kimley-Horn will address comments from the City and resubmit the Consistency Analysis. This task assumesup to one consolidated set of comments from the Client and City.

Task6. Project Management/ Meetings
The Kimley-Horn team will be led by Ms. Kari Canowill act as a Project Manager for the duration of the project. Kari has 18 years of CEQA/NEPAexperience working with various cities in the Inland Empire, including multiple projects in the City of Lake Elsinore. This task includes attendance at up to two ( 2) hearings/public meetings for the Project. This task also assumesa total of 35 hours of management and meetings time.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page7
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Schedule
Kimley-Horn will expedite the schedule to the extent practical.

Notice to Proceed Week 1
Prepare Project Description Week 2
City Review - Draft Week 2
Peer Review of TechnicalStudies Weeks 2-4
Preliminary Draft ConsistencyAnalysis Weeks 1-8
City Review - Draft Week 9-11
AddressCity Review – Draft Comments Week 12-14
City Review – Final and “OKfor Print” Week 15
Public Hearing/Meeting Week TBD
Pleasenote this schedule assumesthat all technical studies would be provided to Kimley-Horn at Project kickoff. Additionally, this schedule is highly dependent on timely review and responses from City staff. If a separate review process by the Project Applicant or City third- party CEQA reviewer or legal counsel is desired, the schedule and fee estimate may be increased to allow for additional coordination and review/ revision time.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page8
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 FeeEstimate
Kimley-Horn proposes to complete the above scope of work on a lump-sum basis with the assumptions asnoted above, as follows:

Task1: Project Kickoff $ 1,500
Task2: Project Description $ 2,500
Task3: TechnicalStudies $ 20,600
A) PeerBiological Resources/MSHCPConsistency $ 2,900
B) PeerReviewCultural ResourcesAssessment $ 1,600
C) PeerReviewAQ/GHG/Noise/Energy $ 14,300
D) PeerReviewPhaseI ESA $ 1,800
Task4: Draft CEQASection 15183 Consistency $ 36,600
Task5: RevisedCEQASection 15183 Consistency $ 8,500
Task6: Project Management/ Meetings $ 8,900
Total Fee $ 78,600
We look forward to the opportunity to work with the City on this Project. Should you have any questions or require additional information, please contact Project Manager, Ms. Kari Cano at 951) 543-9869 or via email at [email protected].

Sincerely,
Kari Cano, Project Manager Kevin Thomas, CEP, ENVSP
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page9
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Resumesof Key Staff
Kari Cano
Project Manager
Kari Canohas 18 years of experience as an environmental planner, and is responsible for preparing and managing environmental and planning studies for public and private sector clients, under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Shecomes to the field of planning/ environmental planning from a diverse background in urban development and political science.

With an in-depth understanding of state and local policies, she provides CEQA compliance review and environmental documentation, in addition to research, analysis, and writing. Her experience includes the analysisof commercial, recreational, industrial, and residential projects in the counties of SanBernardino, LosAngeles, Riverside, Ventura, San Diego, and SanJoaquin.

Relevant Experience
Menifee Commerce Center EIR, Menifee, CA – Project Manager CrossroadsMND, Menifee, CA – Project Manager
Motte BusinessCenter EIR, Menifee, CA – Project Manager Northern Gateway Commerce Center, Menifee, CA – Project Manager
Compass Northern Gateway Center, Menifee, CA – Project
Manager
CADOIndustrial Project, Menifee, CA – Project Manager
Mill CreekSpecificPlan EIR, Menifee, CA – Peer Review Project Manager
Palomar CrossingsSpecificPlan EIR, Menifee, CA – Peer Review Project Manager
Rockport RanchSpecificPlan EIR, Menifee, CA – Peer Review Project Manager
The Junction Addendum EIR, Menifee, CA – Peer Review Project Manager
South 35 ISMND, Menifee, CA – Peer Review Project Manager Haun and Holland ISMND, Menifee, CA – Project Manager
Professional Credentials
Master of Arts, Political
Science, California
State University,
Fullerton
Bachelor of Arts,
Political Science,
California State
University, Fullerton
Professional Affiliations
American Planning
Association
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page10
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 El PaseoMND, City of Fontana, CA - Project Manager
Prestige Homes TechnicalStudies, City of Fontana, CA -Project Manager REDANorth LogisticsCenter ISMND, City of SanBernardino, CA, TaskManager REDASouth LogisticsCenter ISMND, City of SanBernardino, CA, TaskManager RenaissanceEastAddendum EIR, City of Rialto, CA -TaskManager Rialto Fulfillment Center Addendum EIR, City of Rialto, CA -TaskManager Bloomington BusinessCenter EIR, County of SanBernardino, CA - Project Manager Western RealcoEIR, County of SanBernardino, CA - Project Manager Earvin Magic JohnsonRecreation Park Master PlanEIR, County of LosAngeles, CA - CEQA TaskManager
SanSevaineTrail ISMND, City of Fontana, CA - Project Manager Tracy Hills SpecificPlan EIR, City of Tracy, CA - Environmental Planner OasisPark ISMND, Community of Oasis, CA - Project Manager Oak View EstatesEIR, City of Bradbury, CA - CEQATaskManager.

Encroachment PurchaseProgram ISMND, City of Chino Hills, CA - Project Manager Deep CreekHomes EIR, County of SanBernardino, CA -
Project Manager.

RidgeFontana ONEAddendum EIR, City of Fontana, CA - Project Manager.

Ridgeline Commercial Development ISMND, City of SanBernardino, CA - Project Manager.

Arrow RecoveryWarehouse ISMND, City of Fontana, CA - Project Manager.

North Shore Park ISMND, Salton Sea, CA - Project Manager.

SerenaPark EIRPeer Review, City of Palm Springs, CA - Project Manager.

Butterfield SpecificPlanEIR, Banning, CA - Environmental Planner Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page11
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 JessicaMauck, MA, RPA
Jessicahas over a decade of experience in archaeology, including long-term contracting for Federal land management agencies (USFS, NPS, DoD, BLM, etc.), overseeing Cultural Resources Management programming within Tribal government, and serving on several historic preservation advisory groups for State and Federal agencies. She has extensive experience conducting all phases of archaeological fieldwork and reporting under applicable state and federal law, such as the NHPA, NEPA, and CEQA. Shealso has many years of experience managing process for inadvertent discoveries of human remains and the inventory/ repatriation of existing archaeological collections subject to State and Federal law, suchasthe Native American GravesProtection and Repatriation Act (NAGPRA) and California Health & Safety Code (Section 7050.5).

Professional Credentials
Listed in Registerof Professional Archaeologists (RPANumber 37243944) Meets Secretary of Interior ( SOI) Professional Qualifications for Archaeology and History Master of Arts, Historical Archaeology, University of Leicester, England Bachelor of Arts, Anthropology, University of California, LosAngeles Relevant Experience
1610 Artesia Blvd Project, Cultural ResourcesAssessment, Gardena, CA Banning Commerce Center, Paleontological ResourcesAssessment, Banning, CA Lowes Norwalk Relocation Project, Cultural ResourcesAssessment, Norwalk, CA Park 55 Project, Cultural ResourcesAssessment, SantaAna, CA Runway 6 Improvements, Cultural ResourcesAssessment/Tribal Consultation Support, Hollister, CA
BNSFBIGBarstow, Environmental Support Services, Barstow, CA LAARTProject, Environmental Support Services, LosAngeles, CA Irwindale Speedway, Cultural ResourcesAssessment, Irwindale, CA Mojave Micro Mill, Cultural ResourcesAssessmentPeer Review, Mojave, CA The Greens - Indio Project, Cultural ResourcesAssessment, Indio, CA 2245 W. Valley Blvd Project, Cultural ResourcesAssessment, Colton, CA City of Redlands, Crafton Pipeline Replacement Project, Redlands, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resourcesand Tribal Cultural Resources)* City of Victorville, Southern California LogisticsCenter Expansion, Victorville, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resourcesand Tribal Cultural Resources)* County of SanBernardino, Daggett SolarProject, Daggett, CA – LeadReviewer/Consulting Party (CEQA - Cultural Resourcesand Tribal Cultural Resources)* Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page12
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 County of SanBernardino, Lucerne SolarProject, Lucerne Valley, CA – Lead Reviewer/Consulting Party (CEQA - Cultural Resourcesand Tribal Cultural Resources)* Caltrans, SR138Improvements Project, CajonPass, CA – CEQA - Cultural Resourcesand Tribal Cultural Resources; NHPA/NEPA - Cultural Resources* High SpeedRailAuthority, High SpeedRailProject (Bakersfield to Palmdale, Palmdale to Burbank), Various Cities, CA – LeadReviewer/Consulting Party (CEQA - Cultural Resources and Tribal Cultural Resources)*
Prior to joining Kimley-Horn
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page13
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 TravisJ. McGill, ELMTConsulting
Biologist/ Regulatory Specialist
Mr. Travis McGill specializesin conducting due diligence surveys, habitat assessments, preparing biological technical reports, botanical surveys, protocol listed species surveys, and assisting with environmental permitting and compliance for both public and private sector clients. He assistsclients in compliance with a range of environmental regulations, including the California Environmental Quality, National Environmental Policy Act, and State and Federal Endangered Species Acts. He also has
experience preparing and processing federal and State Incidental Take Permits through the United States Fish and Wildlife Service Section 7 and Section 10 of the Federal Endangered SpeciesAct) and California Department of Fish and Game (Section 2080.1, 2081, subds. (b}{c) of the Fishand Game Code).

Mr. McGill conducts delineations of state and federal jurisdictional waters and helps clients through the regulatory permit process pursuant to Sections 404 and 401 of the Clean Water Act, the California Porter-Cologne Water Quality Control Act, and Section 1602 et. seq. of the California Fishand GameCode. Mr. McGill has effectively drafted and processed numerous state and federal regulatory applications for residential, restoration, commercial, flood control, institutional, and transportation projects. Mr.

McGill also performs California Rapid Assessment Method analyses on riverine and depressional areas to identify the functionality of a drainage system.

Mr. McGill also prepares and conducts Worker Education Training programs, biological monitoring, and nesting bird and burrowing owl clearance surveys in compliance with the federal Migratory Bird Treaty Act and California Fish and Game Code Section 3503, 3503.5, and 3513.

Project Experience
Salt Creek Trail Project, Cities of Menifee and Hemet, California.

County of Riverside Transportation Department. Biologist/ Regulatory Specialist. The County proposes to construct and operate two ( 2) segments of the Salt Creek Trail, which will contribute to the County’s ultimate goal for an approximately 16-mile-long multi- use trail connecting the cities of Hemet and Menifee. The Project offers an alternative to gasoline-powered Years of Experience: 16
Education
B.S., 2006, Biology,
University of Californiaat
SanDiego
Certifications
Certificate, 2012, Field
Ornithology, University of
Californiaat Riverside,
University Extension
Certificate, 2012, Wetland
Delineation, Wetland
TrainingInstitute
Certificate, 2014, Certified
CaliforniaRapid
AssessmentMethod
CRAM) Practitioner,
Riverineand Depressional
Wetlands
Certificate, 2014, GISand
SpatialAnalyst, California
StateUniversity at
Fullerton
Certificate Botany, 2015,
University of Californiaat
Riverside, University
Extension
Additional Training
SouthwesternWillow
FlycatcherSurveyTraining
Workshop, Southern
SierraResearchStation,
2014
LearningCaliforniaBird
Sounds, Seaand Sage
Audubon Society – Sylvia
Gallagher, 2012
Introduction to Desert
Tortoise Surveying,
Monitoring, and Handling
TechniquesWorkshop,
DesertTortoiseCouncil,
2011
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page14
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 vehicle trips, which is key to achieving state and local air quality objectives. Mr. McGill prepared the Caltrans Natural Environment Study, jurisdictional delineation, sensitive plant survey, Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) consistency analysis, Determination of Biologically Equivalent or Superior Preservation ( DBESP), and regulatory permits for the project. In addition, Mr. McGill attended several of the Western Riverside County Regional Conservation Authority ( RCA) pre-application meetings to ensure project consistency with the MSHCPand negotiate the mitigation requirements for impacts to jurisdictional waters. Based on negotiations with the RCAand regulatory agencies, Mr. McGill prepared a Habitat Mitigation Monitoring and Reporting Plan to satisfy the mitigation requirements for the project.

Interstate 10/Avenue 50 Interchange Project, City Coachella, California. City of Coachella.

Biologist/Regulatory Specialist. The project includes the construction of a new interchange at Interstate 10 (I-10) and Avenue 50, from PM R62.3 to R63.7, within the limits of the City of Coachella (City) in the County of Riverside. The proposed interchange is located approximately

3.4 miles east of the existing I-10/Dillon Road interchange ( PM 58.9) and approximately

12.7 miles west of the existing I-10/Aqueduct Wash interchange (PM 75.0). Within the limits of the project, I-10 is a four- lane freeway with a median running down the center and no High Occupancy Vehicle (HOV) facilities. Mr. McGill conducted and prepared the delineation of State and federal jurisdictional waters report and tow Caltrans Natural Environment Study- Minimal Impact ( NES-MI) reports for the Aerially Deposited Lead and Geotechnical Borings portions of the project. The NES-MI reports included a Coachella Valley MSHCPConsistency Analysis to demonstrate the projects consistency with the Coachella Valley MSHCP. Mr. McGill successfully delineated the jurisdictional boundaries of the drainage features on-site and documented the biological resources occurring within the Biological Study Area. As part of the NES-MI report, Mr. McGill helped prepare a project impact analysis that included quantifying project impacts and outlining a permitting strategy for impacts to jurisdictional waters.

Mr. McGill successfully processed and obtained the Approved Jurisdictional Determination through the U.S. Army Corpsof Engineersdocumenting that the drainage features on-site did not qualify as “Waters of the U.S”.

Date Palm Drive Bridge over Whitewater River Cathedral City, California. City of Cathedral City.

Biologist/RegulatorySpecialist. The project included the widening of Date Palm Drive from four to six lanes adding sidewalks, bicycle lanes, and a central median. Mr. McGill conducted and helped prepare the delineation of State and federal jurisdictional waters report and Caltrans Natural Environment Study-Minimal Impact (NES-MI) for the project, which included a CoachellaValley MSHCPConsistencyAnalysis. Mr. McGill successfullydelineated the jurisdictional boundaries of the Whitewater River and documented the biological resources occurring within the Biological Study Area. As part of the NES-MI report, Mr. McGill helped prepare a project impact analysis that included quantifying project impacts and outlining a permitting strategy for impacts to jurisdictional waters. Mr. McGill helped draft the resource agencypermits through the California Department of Fish and Wildlife ( Section 1602 Streambed Alteration Agreement), the Regional Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page15
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Water Quality Control Board (Section 401 Water Quality Certification), and the U.S. Army Corps of Engineers (Section404 Nationwide Permit) for impacts occurring within the Whitewater River.

Sycamore Canyon Business Park Project, City of Riverside, California. Hillwood Investment Properties. Biologist/ Regulatory Specialist. The project would include the construction of two commercial warehouse buildings and associated infrastructure. In addition, multiple detention basins would be construction along the perimeter of the project site to treat surface runoff prior to being discharges off-site. Mr. McGill helped prepare the Delineation of State and Federal Jurisdictional Waters Report and Least Bell’s Vireo focused survey reports for the project and assisted with the negotiation efforts with the U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife for impacts to on-site jurisdictional features.

Bautista RechargeBasin Expansion Project, Riverside County, California. RiversideCounty Flood Controland Water ConservationDistrict. Biologist/RegulatorySpecialist. The District, in partnership with the LakeHemet Municipal Water District (LHMWD), proposed to design, construct, operate and maintain the Bautista Recharge Basin Expansion Project as part of an effort to fulfill the District' s ongoing goal to promote water conservation and recharge. The recharge project was designed to promote infiltration and increase recharge in the Hemet-San Jacinto Valley groundwater basin areas. Mr. McGill prepared the habitat assessment, jurisdictional delineation, Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) consistency analysis, and Public/Quasi-Public Land EquivalencyAnalysisfor the project.

Renaissance Specific Plan Burrowing Owl Relocation Plan, Rialto, California. Lewis-Hillwood Rialto Company. Biologist. TheRenaissanceSpecificPlanwas adopted by the City of Rialto in 1997 to provide a long-term strategy for the development of the Rialto Municipal Airport and surrounding area. Currently, Lewis – Hillwood Rialto Company, LLCowns or has an option to buy several of the properties within RenaissanceSpecific Plan Area . The proposed project included the development of a Town Center, residential housing ranging from low density to high density, a school, public park, a business center, and corporate center. Mr. McGill lead the biological studies for the project which include a general habitat assessment, focused burrowing owl survey, special-status plant suitability assessment, jurisdictional delineation and regulatory permitting. Severalburrowing owl were found on the project site during the focused surveys, and Mr. McGill helped prepare a relocation plan that outlined the recommended methods proposed to relocate burrowing owls from the project site and provided measures that would be implemented for the maintenance, monitoring, and reporting of the relocated burrowing owls to increase chances of survivorship and ensure compliance with CDFWguidelines. Once the plan was approved by CDFW, Mr. McGill assisted the San Diego Zoo in the active relocation of the burrowing owls from the project site. The burrowing owls found within the project site were captured and actively relocated to a conservation site within the boundaries of the Western Riverside County MSHCP.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page16
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Date Palm Drive Bridge over Whitewater River, Cathedral City, California. City of CathedralCity.

Biologist/RegulatorySpecialist. The project included the widening of Date Palm Drive from four to six lanes adding sidewalks, bicycle lanes, and a central median. Mr. McGill conducted and helped prepare the delineation of State and federal jurisdictional waters report and Caltrans Natural Environment Study-Minimal Impact (NES-MI) for the project, which included a CoachellaValley MSHCPConsistencyAnalysis. Mr. McGill successfullydelineated the jurisdictional boundaries of the Whitewater River and documented the biological resources occurring within the Biological Study Area. As part of the NES-MI report, Mr. McGill helped prepare a project impact analysis that included quantifying project impacts and outlining a permitting strategy for impacts to jurisdictional waters. Mr. McGill helped draft the resource agencypermits through the California Department of Fish and Wildlife ( Section 1602 Streambed Alteration Agreement), the Regional Water Quality Control Board (Section 401 Water Quality Certification), and the U.S. Army Corps of Engineers (Section404 Nationwide Permit) for impacts occurring within the Whitewater River.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page17
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Ace Malisos
Air and NoiseStudiesManager
Ace Malisos has 17 years of experience as an environmental analyst with a specialty in acoustics, air quality, and climate change. Ace is responsible for preparing and managing environmental and planning studies for public and private sector clients, under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) for a variety of environmental planning projects involving redevelopment, infrastructure, residential, mixed- use, institutional, and commercial uses.

Relevant Experience
Southwest Industrial Park Specific Plan, Fontana, California. Fontana, City of. Environmental Specialist. The original Southwest Industrial Park Specific Planwas composed of four project areastotaling approximately 1,863 acres within the southern portion of the City of Fontana. The updated plan expanded to approximately 3,200 acres, encompassing a mixture of residential, commercial, and industrial uses recently annexed by the City.

Warehouse Development Environmental Impact Report, San
Bernardino County, California. Western Realco. Environmental Specialist. Responsible for the greenhouse gas analysis and health risk assessment, as well as the air quality and noise peer reviews. The project included the preparation of a focused environmental impact report evaluating air quality, cultural resources, greenhouse gasses, land use, hazardous materials, and transportation to satisfy California Environmental Quality Act requirements. Ace also peer-reviewed applicant-provided technical studies and performed greenhouse gas and health risk assessments. Key environmental concerns included the presence of historic age structures to be demolished, land use changes, air quality impacts on residents and schools, and neighborhood traffic impacts.

Garnet Street Bridge Replacement Project ( San Bernardino County, California) Acoustical Analyst. The Garnet Street Bridge Replacement Project analyzed improvements to sections of Garnet Street that included widening the roadway and constructing new asphalt concrete, curb, gutter, sidewalk to accommodate for the wider bridge. Rock riprap would be installed at the bottom and side slopes through the proposed bridge to protect against scour and erosion. The proposed bridge would increase roadway design speeds from 25 miles per hour (mph) to 45 mph.

Riverside North Aquifer and Storage Recovery Project, Riverside and San Bernardino C, California. City of Riverside. Environmental Planner. Responsibilities included acoustics and air quality. The project proposes the construction of an inflatable dam across the Santa Ana River, water lines, and groundwater recharge basins for capturing and recharging stormwater and imported water on the City of Riverside's Flume Well Tract.

Professional Credentials
M. A. Urban and
Regional Planning,
University of California,
Irvine
B. A., Environmental
Studies, University of
California, Santa Cruz
Professional Affiliations
Urban Land Institute
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Page18
kimley- horn. com 3801 University Avenue, Suite 300, Riverside, CA92501 951 543 9868 Sycamore Creek Channel Improvements CEQAand Regulatory Services, San Bernardino County, California. County of San Bernardino. Environmental Specialist. Ace prepared the air quality, greenhouse gas, and noise analysesfor the Initial Study/Mitigated Negative Declaration (IS/MND) for the Sycamore Creek Channel Improvements Project for the SanBernardino County Department of Public Works. The project involved the removal of debris (primarily concrete demolition waste) from the northeastern bank of SycamoreCreek, which has been utilized to reduce erosion and stabilize the channel adjacent to the San Bernardino County Sheriff’s Department ( SBSD) Training Facility and Rehabilitation Center. The proposed improvements would consist of a riprap protection wall that would extend along the entire length of the SBSDTraining Facility and Rehabilitation Center.

Lincoln Specific Plan Environmental Impact Report, Whittier, California. City of Whittier. Environmental Specialist. Responsibilities included acoustics and air quality. The 76-acre project is primarily located upon the former Fred C. Nelles Youth Correctional Facility, which was originally established in 1891 and ceasedoperations in 2004. The Environmental Impact Report (EIR) for the Lincoln Specific Plan analyzed a specific plan proposing over 700 dwelling units and 200,000 square feet of commercial/ retail development. Associated improvements include open space areas, roadways, utility improvements, and landscaping. Primary environmental issuesassociated with the project included historical resources, traffic impacts on local and regional roadways, air quality, noise, and hazardous materials.

Cox Communications Expansion Project, Poway, California. Cox Communications. Noise Specialist. The project involved the demolition of an existing telecommunications facility and a new building that would include upgraded transformers and two new emergency generators. The noise analysiscalculated the noise levels at adjacent residences from emergency generator use and testing as well asthe use of other mechanical equipment. The analysisidentified specifications for upgraded enclosures for the emergency generators to ensure that noise levels would comply with City standards.

Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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

AUTOSAUTOSONLY

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

EFFPOLICYNUMBERTYPEOFINSURANCELTRINSR
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
6/5/2024
Edgewood Partners Ins. Center/ Greyling
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola
7702207699
greylingcerts@greyling. com
National Union Fire Ins Co of Pittsburg 19445
KIMLASS Allied World Assurance Co ( U. S.) Inc.
19489Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company 23841
Lloyd' s of London 85202
620931067
A X 2,000, 000
X 1,000, 000
X Contractual Liab 25, 000
2,000, 000
4,000, 000
X X
GL5268169 4/ 1/2024 4/ 1/2025
4,000, 000
A
A
2,000, 000
X
X X
CA4489663 ( AOS)
CA2970071 ( MA)
4/ 1/2024
4/ 1/2024
4/ 1/2025
4/ 1/2025
B X X 5,000, 000
X
03127930 4/ 1/2024 4/ 1/2025
5,000, 000
X 10, 000
C
C
X
N
WC015893685 ( AOS)
WC015893686 ( CA)
4/ 1/2024
4/ 1/2024
4/ 1/2025
4/ 1/2025
2,000, 000
2,000, 000
2,000, 000
D Professional Liability B0146LDUSA2404949 4/ 1/2024 4/ 1/2025 Per Claim Aggregate
2,000, 000
2,000, 000
Re: Riverside Drive Apartments; Kari Cano. The City, its officers, employees, servants, volunteers and agents are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non- contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured( s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice ( except 10 days for nonpayment of premium) will be provided to the Certificate Holder.

City of Lake Elsinore
130 South Main Street
Lake Elsinore CA 92530
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C 04/ 01/2024
CA4489663
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES

ORCONTRACTORS - 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

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526- 81- 69

ANY PERSONOR ORGANIZATION WHOMYOU

BECOMEOBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACTOR AGREEMENTYOU HAVE ENTERED
INTO.

PER THE CONTRACTOR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insurance Services Office, Inc., 2018CG20 10 12 19 Page of12 GL5268169
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C 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;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Insurance Services Office, Inc., 2018 CG 20 10 1219Pageof22 Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERALLIABILITY COVERAGEPART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526- 81- 69

ANY PERSONOR ORGANIZATION WHOMYOU

BECOMEOBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACTOR AGREEMENTYOU HAVE ENTERED
INTO.

PER THE CONTRACTOR AGREEMENT.

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;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 PageofInsuranceServices Office, Inc., 2018 11 GL5268169
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C New Hampshire Insurance Company
04/ 01/202204/01/202304/01/ 2024
Docusign Envelope ID: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C

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
401 B ST STE 600 Business Type:

SAN DIEGO, CA 92101- 4218
KIMLEY- HORN AND ASSOCIATES, INC.
421 FAYETTEVILLE ST STE 600
RALEIGH NC 27601
This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat 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
KIMLEY- HORN AND ASSOCIATES, INC.

CONSULTING SERVICES

CONSULTING SERVICES
021686
8/1/2024 7/31/ 2025
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: 38BB05EF- A486- 4543- BAE8- 8DE34AEAC30C Certificate Of Completion
Envelope Id: 38BB05EFA4864543BAE88DE34AEAC30C Status: Completed Subject: Please DocuSign: Kimley- Horn and Associates PSA CEQA Documents Riverside Drive Apartments 07- 13- 2024 Source Envelope:

Document Pages: 37 Signatures: 5 Envelope Originator:

Certificate Pages: 5 Initials: 0 Luz Reyes
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada)
130 S. Main Street
Lake Elsinore, CA 92530
lreyes@lake- elsinore. org
IP Address: 47. 180. 22. 242
Record Tracking
Status: Original
8/ 14/ 2024 2: 59: 04 PM
Holder: Luz Reyes
lreyes@lake- elsinore. org
Location: DocuSign
Signer Events Signature Timestamp
Shannon Buckley
sbuckley@lake- elsinore. org
Assistant City Manager
Security Level: Email, Account Authentication
None) Signature Adoption: Pre- selected Style
Using IP Address: 47. 180. 22. 242
Sent: 8/ 14/ 2024 3: 06: 15 PM
Viewed: 8/ 14/ 2024 4: 02: 45 PM
Signed: 8/ 14/ 2024 4: 04: 50 PM
Electronic Record and Signature Disclosure:

Accepted: 8/ 14/ 2024 4: 02: 45 PM
ID: b770635a- 4d88- 496f- a2b5- cace1684116a
Barbara Leibold
barbara@ceqa. com
City Attorney
Security Level: Email, Account Authentication
None) Signature Adoption: Pre- selected Style
Using IP Address: 184. 183. 85. 151
Sent: 8/ 14/ 2024 4: 04: 53 PM
Viewed: 8/ 14/ 2024 9: 34: 35 PM
Signed: 8/ 14/ 2024 9: 34: 53 PM
Electronic Record and Signature Disclosure:

Accepted: 8/ 14/ 2024 9: 34: 35 PM
ID: df3a12ee- 53f8- 4377- 84e7- 17135ec28d74
John Pollock
john. pollock@kimley- horn. com
Vice President, P. E. 86160 ( CA)
Security Level: Email, Account Authentication
None) Signature Adoption: Pre- selected Style
Using IP Address: 134. 238. 199. 93
Sent: 8/ 14/ 2024 9: 34: 55 PM
Viewed: 8/ 15/ 2024 7: 45: 14 AM
Signed: 8/ 15/ 2024 7: 45: 56 AM
Electronic Record and Signature Disclosure:

Accepted: 8/ 15/ 2024 7: 45: 14 AM
ID: a7c828b8- 7861- 4a11- a783- d6c5dc849a3e
Jason Simpson
jsimpson@lake- elsinore. org
City Manager
city of Lake Elsinore
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre- selected Style
Using IP Address: 47. 180. 22. 242
Signed using mobile
Sent: 8/ 15/ 2024 7: 45: 58 AM
Viewed: 8/ 15/ 2024 10: 11: 26 AM
Signed: 8/ 15/ 2024 10: 11: 34 AM
Electronic Record and Signature Disclosure:

Accepted: 8/ 15/ 2024 10: 11: 25 AM
ID: 52531d5d- 2aa0- 4371- a502- cf3d9e84d6cc
Signer Events Signature Timestamp
Candice Alvarez
calvarez@lake- elsinore. org
City Clerk
City of Lake Elsiniore
Security Level: Email, Account Authentication
None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 47. 180. 22. 242
Sent: 8/ 15/ 2024 10: 11: 36 AM
Viewed: 8/ 15/ 2024 10: 13: 06 AM
Signed: 8/ 15/ 2024 10: 13: 11 AM
Electronic Record and Signature Disclosure:

Accepted: 10/ 24/ 2019 11: 01: 03 AM
ID: 0018f862- 4e7a- 4c04- 91a9- 67d7112db44f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carlos Serna
cserna@lake- elsinore. org
Security Level: Email, Account Authentication
None)
Sent: 8/ 15/ 2024 10: 13: 13 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Huynh
nhuynh@lake- elsinore. org
Security Level: Email, Account Authentication
None)
Sent: 8/ 15/ 2024 10: 13: 15 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jessica Matie
jmatie@lake- elsinore. org
Administrative Assistant
City of Lake Elsinore
Security Level: Email, Account Authentication
None)
Sent: 8/ 15/ 2024 10: 13: 16 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/ Encrypted 8/ 14/ 2024 3: 06: 15 PM Certified Delivered Security Checked 8/ 15/ 2024 10: 13: 06 AM Signing Complete Security Checked 8/ 15/ 2024 10: 13: 11 AM Completed Security Checked 8/ 15/ 2024 10: 13: 16 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

CONSUMER DISCLOSURE
From time to time, Carahsoft OBO City of Lake Elsinore (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosureselectronically through the DocuSign, Inc. ( DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can accessthis information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document.

Getting paper copies
At any time, you may requestfrom us a paper copy of any record provided or madeavailable electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign systemduring and immediately after signing sessionand, if you elect to create a DocuSign signer account, you may access them for a limited period of time usually 30 days) after such documentsare first sent to you. After suchtime, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a

0.00 per-pagefee. You may requestdelivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time changeyour mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consentto receive notices and disclosures electronically is described below.

Consequencesof changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speedat which we can complete certain stepsin transactionswith you and delivering servicesto you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consentusing the DocuSign ‘Withdraw Consent’ form on the signing pageof a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consentto receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documentsfrom us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordancewith the proceduresdescribedherein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documentsthat are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosuresand notices electronically or in paperformat through the paper mail delivery system. If you do not agree with this process, please let us know as describedbelow. Pleasealso seethe paragraphimmediately above that describesthe consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

Electronic Record and Signature Disclosure created on: 2/5/2018 9:41:59 AM Parties agreed to: Shannon Buckley, Barbara Leibold, John Pollock, Jason Simpson, Candice Alvarez How to contact Carahsoft OBO City of Lake Elsinore:

You may contact us to let us know of your changes as to how we may contact you electronically, to requestpaper copies of certain information from us, and to withdraw your prior consentto receive notices and disclosures electronically as follows:

To contact us by phone call: 951-674-3124 x269
To contact us by email send messages to: lreyes@lake- elsinore. org To advise Carahsoft OBO City of Lake Elsinore of your new e-mail address To let us know of a changein your e-mail addresswhere we should sendnotices and disclosures electronically to you, you must send an email message to us at lreyes@lake- elsinore. org and in the body of suchrequestyou must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..

In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the processfor changing e-mail in the DocuSign system.

To request paper copies from Carahsoft OBO City of Lake Elsinore To requestdelivery from us of paper copies of the notices and disclosurespreviously provided by us to you electronically, you must send us an e-mail to lreyes@lake- elsinore. org and in the body of such requestyou must stateyour e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of Lake Elsinore To inform us that you no longer want to receive future notices and disclosuresin electronic format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check- box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to lreyes@lake- elsinore. org and in the body of such request you must stateyour e-mail, full name, US Postal Address, and telephonenumber. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consentfor online documentswill be that transactionsmay take a longer time to process..

Required hardware and software
Operating
Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers:

Final releaseversions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above ( Windows and Mac); Safari™ 3.0 or above Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen
Resolution: 800 x 600 minimum
Enabled Security
Settings: Allow per session cookies
Theseminimum requirementsare subject to change. If theserequirements change, you will be asked to re-accept the disclosure. Pre-release ( e.g. beta) versions of operating systems and browsersare not supported.

Acknowledging your access and consent to receive materials electronically To confirm to us that you can accessthis information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to readthis electronic disclosure and that you also were able to print on paperor electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consentto an addresswhere you will be able to print on paperor saveit for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions describedabove, pleaselet us know by clicking the ‘I agree’ button below.

By checking the ‘I agree’ box, I confirm that:

I can accessand readthis Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or saveor sendthe disclosure to a place where I can print it, for future reference and access; and
Until or unlessI notify Carahsoft OBO City of Lake Elsinore asdescribedabove, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documentsthat are required to be provided or made available to me by Carahsoft OBO City of Lake Elsinore during the course of my relationship with you.