Agenda — Hemet City Council, August 9, 2022 (part 9 of 14)

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4. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures.

City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Builder at all times prior to City’s acceptance of the Public Improvements.

Builder shall maintain all the Public Improvements in a state of good repair until they are completed by Builder and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Builder’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Builder fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Builder and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

5. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1 of this Agreement, Builder shall fully and adequately complete or have completed the Public Improvements within three (3) years (36 months) following approval of the final map for Tract No. 33825-1.

5.1 Extensions. City may, in its sole and absolute discretion, provide Builder with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12.0 et seq. of this Agreement, Builder and its surety consent in advance to any extension of time as may be given by City to Builder, and waives any and all right to notice of such extension(s). Builder’s acceptance of an extension of time granted by City shall constitute a waiver by Builder and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Builder, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Builder, and to require adjustments thereto when warranted according to City’s reasonable discretion.

5.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Builder has provided the City Engineer with written notice of Builder’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

5.3 Builder Obligations Do Not Terminate. Notwithstanding the construction schedule and option for extensions provided in Sections 4.1 and 4.2, Builder’s failure to complete the Public Improvements or to otherwise satisfy all conditions of approval, or City’s non-extension of the time referenced in those sections shall not terminate or otherwise

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relieve the Builder of the obligation to complete the Public Improvements and conditions of approval and such obligations shall survive the term of this Agreement and shall survive until satisfied in full unless waived or modified by formal action of the City Council.

6. GRADING. Builder agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract Map No. 33825-1 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12.0 et seq. of this Agreement.

7. UTILITIES. Builder shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract Map No. 33825-1 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Builder shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.

8. FEES AND CHARGES. Builder shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract Map No. 33825-1, or as required by other governmental agencies having jurisdiction over Tract Map No. 33825-1.

9. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Builder shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. If the City inspector requests it, the Builder at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Builder shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City’s inspector shall have the authority to stop any and all work not in accordance with the

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requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Builder or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

10. ADMINISTRATIVE COSTS. If Builder fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Builder fails to comply with any other obligation contained herein, Builder and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

11. ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Builder’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.

11.1 Builder’s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Builder shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

11.2 City Acceptance of Public Improvements. If Tract Map No. 33825-1 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Builder and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements.

11.3 Builder’s Obligation to Provide As-Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Builder provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

12. WARRANTY AND GUARANTEE. Builder hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City. During the Warranty, Builder shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Builder and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Builder and its surety hereby agree to extend the

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Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Builder from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Builder’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

13. SECURITY; SURETY BONDS. Prior to City’s approval and execution of this Agreement, Builder shall provide City with surety bonds in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer’s Estimated Costs.

If City determines at any time prior to Builder’s completion of the Public Improvements under Section 4 [Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Builder shall adjust the Security in the amount requested by City. Builder’s compliance with this provision (Section 12.0 et seq.) shall in no way limit or modify Builder’s indemnification obligation provided in Section 16.0 of this Agreement.

13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Builder is in default as set forth in Section 18.0 et seq. of this Agreement, and to secure Builder’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Builder shall provide City a faithful performance bond in the amount of Two Million and Fifty-Nine Thousand and Five Hundred Dollars, ($2,059,500), which sum shall be not less than one hundred percent (100%) of the Estimated Costs.

13.2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Builder is not in default on any provision of this Agreement or condition of approval for Tract Map No. 33825-1, and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Builder is not in default on any provision of this Agreement or condition of approval for Tract Map No. 33825-1.

13.3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Builder shall provide City a labor and materials bond in the amount of Two Million and Fifty-Nine Thousand and Five Hundred Dollars, ($2,059,500), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.

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13.4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Builder or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Builder and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

13.5 Form of Security. The evidence of the Security shall be provided on the forms set forth in Attachment “C”, unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Attachment “C” and incorporated herein by this reference.

13.6 Builder’s Liability. While no action of Builder shall be required in order for City to realize on its security under any Security instrument, Builder agrees to cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Builder shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.

14. MONUMENT SECURITY. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 33825-1 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Builder shall deposit cash with City in the amount of Twenty Seven Thousand Seven-Hundred Fifty Dollars ($37,000), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer.

Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Builder is not in default of any provision of this Agreement or condition of approval for Tract Map No. 33825-1.

15. LIEN. To secure the timely performance of Builder’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, Builder hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Builder’s default on those obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

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16. SIGNS AND ADVERTISING. Builder understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Builder hereby agrees with and consents to the summary removal by City, without notice to Builder, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Builder and its surety. Builder and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

17. INDEMNIFICATION. Builder shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Builder, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Builder’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

18. INSURANCE.

18.1 Types; Amounts. Builder shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

18.1.1 General Liability. Builder and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage.

18.1.2 Business Automobile Liability. Builder and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

18.1.3 Workers’ Compensation. Builder and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor

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Code of the State of California and employers’ liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees.

18.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

18.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Builder and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

18.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Builder or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

18.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

18.5 Certificates; Verification. Builder and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

18.6 Term; Cancellation Notice. Builder and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days’ prior written notice to City.

18.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

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19. DEFAULT; NOTICE; REMEDIES.

19.1 Notice. If Builder neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Builder to be in default or violation of this Agreement and make written demand upon Builder or its surety, or both, to immediately remedy the default or violation. Builder shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Builder shall commence the required work within twenty-four (24) hours thereof.

Immediately upon City’s issuance of the demand to remedy the default, Builder and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.

19.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Builder and its surety, without the necessity of giving any further notice to Builder or surety. City’s right to take such actions shall in no way be limited by the fact that Builder or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Builder or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Builder or its surety the full cost and expense incurred.

19.3 Other Remedies. No action by City pursuant to Section 18.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

20. GENERAL PROVISIONS.

20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

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20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Builder include all personnel, employees, agents, and subcontractors of Builder, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

CITY:

City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
BUILDER:

Richmond American Homes, a California Corporation
Attn: Larry Liebel
391 N. Main Street, Suite 205
Corona, CA 92880
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S.

Mail.

20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

20.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Builder of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Builder agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

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20.7 Assignment or Transfer of Agreement. Builder shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Builder from any duty or responsibility under this Agreement.

20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

20.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Builder expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

20.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.

20.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract Map No. 33825-1, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Builder. Builder’s contractors and subcontractors are exclusively and solely under the control and dominion of Builder. Nothing herein shall be deemed to make Builder or its contractors an agent or contractor of City.

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20.14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

20.15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Builder.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
By:___________________________
City Manager
ATTEST:
___________________________
City Clerk

APPROVED AS TO FORM
By:_______________________________
City Attorney

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RICHMOND AMERICAN HOMES, A CALIFORNIA CORPORATION
By: By:
_________________________________
Its: ______________________________ Its: ___________________________ NOTE: BUILDER’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO BUILDER’S
BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On __________, ____ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ______________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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RIV #4830-8901-9593 v1
DRAFT

STATE OF CALIFORNIA

COUNTY OF
On __________, ____ before me, ________________, personally appeared ________________, personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.
__________________________________________
(SIGNATURE OF NOTARY)

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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RIV #4830-8901-9593 v1
DRAFT
1 SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 33825-1

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RIV #4830-8901-9593 v1
DRAFT
1 SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT “B”

LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 33825-1

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RIV #4830-8901-9593 v1
DRAFT
1 SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY
TRACT NO. 33825-1
As evidence of understanding the provisions contained in this Agreement, and of the Builder’s intent to comply with same, the Builder has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE BOND PRINCIPAL AMOUNT: $ 2,059,500
Surety:

Attorney-in-fact:

Address:

MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 2,059,500
Surety:

Attorney-in-fact:

Address:

CASH MONUMENT SECURITY: $ 27,750
Amount deposited per Cash Receipt No. Date:

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RIV #4830-8901-9593 v1
DRAFT
1 SUBDIVISION IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP NO. 33825-1 IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet, California (“City”) and Richmond American Homes, a California Corporation, a California corporation (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, water system, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 33825-1 (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated August 9, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and _________________________________ (“Surety”), a corporation organized and existing under the laws of the State of __________, and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of Two Million and Fifty-Nine Thousand and Five Hundred Dollars, ($2,059,500),, said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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RIV #4830-8901-9593 v1
DRAFT
2 SUBDIVISION IMPROVEMENT AGREEMENT
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

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RIV #4830-8901-9593 v1
DRAFT
1 SUBDIVISION IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF HEMET
TRACT MAP 33825-1 IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet California (“City”) and Richmond American Homes, a California Corporation, a California corporation (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 33825-1 (“Public Improvements”); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated August 9, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of Two Million and Fifty-Nine Thousand and Five Hundred Dollars, ($2,059,500), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

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RIV #4830-8901-9593 v1
DRAFT
2 SUBDIVISION IMPROVEMENT AGREEMENT
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
(print name) (print name)

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RIV #4830-8901-9593 v1
DRAFT
3 SUBDIVISION IMPROVEMENT AGREEMENT
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 09 2022
Department: Police Department
Submitted by: Eddie Pust, Interim City Manager
Michael Mouat, Police Lieutenant;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Two (2) Fully-Outfitted 2023 Chevrolet Traverse LS W/1FL for the Amount of $100,731.29 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract #091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, awarding the purchase of two (2) fully-outfitted 2023 Chevrolet Traverse LS W/1FL for the Amount of $100,731.29 from National Auto Fleet Group utilizing the Sourcewell Master Vehicle Contract #091521-NAFG competitively solicited purchasing contract and authorizing the City Manager to execute the agreement and purchase orders in support of the agreement.

BACKGROUND:

The Police Department implemented an Assigned Vehicle Plan in 1994. The purpose of this plan is multifaceted and encompasses every bureau within the Police Department. Within the Investigative Bureau, the Assigned Vehicle Plan decreases response times to critical incidents, time-sensitive surveillance, time-critical investigations, interviews, and investigative follow-ups, and increases the useful life of police vehicles. At the time, the estimated useful life of a police vehicle was projected to increase from 3 years to 7 years.

The Assigned Vehicle Plan has proven to be highly successful in meeting and exceeding all three objectives. By assigning vehicles to Detectives, the downtime at the beginning and end of a shift is eliminated because vehicles are equipped and ready at all times. Detectives can respond rapidly and discretely to active crime scenes and interviews. Detectives can respond rapidly to time-sensitive surveillance details on time-critical investigations. While this does increase the number of vehicles serviced by Fleet Services, the benefits are well noted.

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During the 28 years, the program has been in place, the average useful life of a police vehicle has increased to 8 to 12 years. Due to the increased life span, the department has only needed to replace an average of 3-5 cars per year. Similarly-sized departments utilizing a “pool car” deployment method must replace 5-7 cars per year or a third of their fleet.

ANALYSIS:

The Police Department utilizes every vehicle to the end of its useful life and, in many cases, beyond that. The department works closely with Public Works Fleet Maintenance staff to ensure that vehicles are well maintained and cared for. Police vehicles are often repurposed for secondary assignments in the Community Services Program, Investigations Program, and Administration Program. Police vehicles are disposed of when they reach the end of useful life. The department will surplus two 2003 Ford Crown Victorias averaging 114,713 miles each to offset the vehicles in this purchase.

Replacement parts for Ford Crown Victoria vehicles are no longer being manufactured and are difficult to locate for the specific model years in the patrol fleet. During the 2019/2020 and 2020/2021 fiscal years, the Police Department placed on hold the purchase of all vehicles due to an anticipated decrease in budget revenue as a result of the COVID-19 pandemic. These specific police vehicles were also unavailable for purchase during the first year of the COVID-19 pandemic. The purchase of the two (2) police vehicles detailed in this staff report will maintain our current fleet and meet the specific goals of Quality of Life and Organizational Effectiveness, as outlined in the City’s strategic direction. The funding will come entirely from the current Measure U budget for this 2022/2023 fiscal year.

DISCUSSION:

The police vehicles requested are for the Police Department's Investigative Bureau. The Police Department's Investigative Bureau currently has eight (8) police vehicles - five (5) 2017 Ford Taurus Detective vehicles with an average of 45,000 miles and three (3) 2003 Ford Crown Victoria Detective vehicles with an average of 113,000 miles. The two (2) 2023 Chevrolet Traverse Detective vehicles would replace two (2) of the 20-year-old Ford Crown Victoria Detective vehicles.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Increase Public Safety visibility and response.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 3: Increase the community's pride within the City.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 4: Increase employee retention by training and creating a positive workplace.

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FISCAL IMPACT:

The total cost of this purchase is $100,731.29. The breakdown and funding source are listed below:
(2) 2023 Chevrolet Traverse LS W/1FL w/detective upfit @ $40,554.46/ea. $ 81,108.93 (2) Harris XL-200 Mobile Radio Multiband @ $9,811.18/ea. with tax & shipping $ 19,622.36

TOTAL COST: $ 100,731.29
Funding Source:
2022/2023 Measure U Budget 115-3002-5400 = $ 100,731.29 Total = $ 100,731.29
ALTERNATIVE(S):

The City Council may choose not to approve this purchase.If the Council chooses to not approve this purchase, maintenance costs will continue to increase and the structural integrity of the 2003 Ford Crown Victoria vehicles will continue to diminish.

ATTACHMENT(S):

Attachment 1: Resolution - 2023 Chevy Traverse Vehicles 2022 Detective Vehicle Purchase 22-281
Attachment 3: Breakdown for 2 Detective Vehicles

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CITY COUNCIL RESOLUTION NO. 2022-XXX

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX
A Resolution Awarding the Purchase of Two (2) FullyOutfitted 2023 Chevrolet Traverse LS W/1FL for the total amount of $100,731.29 from National Auto Fleet
Group utilizing the Sourcewell master vehicle
contract# 091521-NAFG competitively solicited
purchasing contract, and Authorizing the City
Manager to Execute the Agreement and Purchase
Orders in Support of the Agreement.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City of Hemet Police Department has been deploying officers in fully outfitted, police vehicles using an Assigned Vehicle Plan which began in 1994.

WHEREAS, the department last purchased five (5) unmarked Ford Taurus Detective vehicles in 2017.

WHEREAS, the department still has approximately three (3) unmarked Ford Crown Victoria’s still in service since 2003 and averaging over 114,000 miles each.

WHEREAS, the City of Hemet Police Department assessed the different companies conducting Police vehicle upfitting’s and after intense research, have has elected to go with American Emergency Products (AEP) for the upfitting of these new 2023 Chevrolet Traverse LS W/1FL vehicles.

WHEREAS, the City of Hemet Police Department requested and received a quote from National Auto Fleet Group utilizing the Sourcewell master vehicle contract# 091521-NAFG competitively solicited purchasing contract.

WHEREAS, staff requests the City Council approve the purchase of two (2) Fully Outfitted 2023 Chevrolet Traverse LS W/FL vehicles.

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CITY COUNCIL RESOLUTION NO. 2022-XXX
WHEREAS, the City of Hemet Police Department received a quote from HiDesert Communications for two (2) Harris Unit Radios to be installed on the 2023 Chevrolet Traverse LS W/F1 vehicles competitively bid NASPO Contract.

WHEREAS, staff requests the City Council to authorize the City Manager to execute the Agreement and purchase orders in support of the Agreement.

NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE: that the City Council approve the purchase of two (2) Outfitted 2023 Chevrolet Traverse LS W/FL, two (2) Harris Unit Radios from HiDesert Communications, and authorize the City Manager to execute the Agreement, and purchase orders in support of the Agreement.

PASSED, APPROVED AND ADOPTED this ___ day of ________ 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-XXX
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the ___ day of ________, 2022, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
John Maier, City Clerk

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EXHIBIT A

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Hemet City Council
Purchase of Police Detective Vehicles - Police Department August 9, 2022

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Strategic Plan Integration
Quality of Life
Organizational
Effectiveness
Objective 1: Increase Public
Safety visibility and
response.

Objective 1: Operate in a
financially sustainable
manner.

Objective 2: Increase
employee retention by
training and creating a
positive workplace.

Community
Engagement
Objective 1: Increase the
communities pride within the City.

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Housing Element Update
Background:
• Assigned Vehicle Program and the Investigative Bureau • Rapid Deployment– Critical Incidents, Time Sensitive Investigations, and Time-Critical Surveillances.
• Discrete Deployment – Interviews, Sensitive Investigations, Investigative Surveillances.
• Useful Life – average 3/7 years to 8/12years 100,000-200,000 miles. • Purchase History • 2017 – Purchased approx. 5 Ford Detective vehicles • Police Fleet includes, 2003 and 2017 • The police department continues to utilize every vehicle to the end of its useful life and in many cases, beyond.

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Housing Element Update
Bid Process
• Bid Process – National Competitive Contracts at volume discount pricing. •“Sourcewell Master Vehicle Contract #091521-NAFG” - Vehicle Purchase (16.28% Off MSRP)
•“NASPO Contract” for vehicle radios (25.56% Off MSRP)
“Sourcewell Master Vehicle Contract”: RFP was requested, forty (40) different vehicle dealerships submitted and National Auto Fleet Group was awarded this contract after all proposals were reviewed.

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Housing Element Update
Fiscal Impact:

FISCAL IMPACT: • (2) 2023 Chevrolet Traverse LS W/1FL w/detective upfit: $40,554.46 each Total = $81,108.93
• (2) Harris XL-200 Mobile Radio Multiband: $9,810.18 each Total = $19,622.36
TOTAL COST: $100,731.29
Funding Source: 22/23FY Measure U Budget Acct 115-3002-5400. $100,731.29 Total = $100,731.29

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Housing Element Update
Recommendation:

Award the Purchase of Two(2) Fully-Outfitted 2023 Chevrolet Traverse LS W/1FL Vehicles for the Amount of$100,731.29 and Authorize the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement.

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Discussion & Follow Up

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Breakdown for
2 Detective Vehicle s
Vehicles with Detective Upfit: $81,108.93
HarrisR dios: $1 ,6 36
Grand Total: $100,731 29

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 09 2022
Department: City Council
Submitted by: Eddie Pust, Interim City Manager
Dan Reinbolt, Police Lieutenant;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of One (1) Fully-Outfitted 2023 Ford Transit T-350 Prisoner Transport Van for the Amount of $86,917.37 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract #091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, awarding the purchase of (1) Fully-Outfitted 2023 Ford Transit T-350 Prisoner Transport Van for the Amount of $86,917.37 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract #091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement.

BACKGROUND:

The City of Hemet Police Department operates an in-house temporary holding facility consisting of five jail cells. The department uses the jail cells to temporarily house inmates awaiting transportation to a larger county jail facility. The department utilizes a 2019 Ford Transit van to transport inmates from the temporary holding facility to the county jail. The current van has been up-fitted with a reinforced inmate containment compartment and an internal video monitoring system. The department has designated funding for purchasing a second identical transport van to complement our fleet and allow simultaneous transportation of up to 24 prisoners.

Purchasing a second transport van will aid the department during special enforcement events such as gang sweeps, parole sweeps, and DUI checkpoints. These events typically generate many arrests in a short period. Adding a second transport van to the fleet will allow one van to be dedicated to the special enforcement event while the second van is available for routine jail operations. Also, using two 12- person vans to transport prisoners will increase staff productivity and decrease downtime by alleviating the need for staff to transport overflow prisoners in a patrol vehicle with a two-passenger capacity.

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Purchase of a second transport van will decrease the mileage accrued on each van by half, causing less wear and tear on each vehicle and prolonging its usable lifespan. Finally, purchasing a second prisoner transport van will allow one van to be available when the other is down for routine maintenance or during the bi-annual cleaning and disinfecting procedure.

ANALYSIS:

The Police Department utilizes every vehicle within the fleet to the end of its useful life. The department coordinates with the Public Works Fleet Maintenance staff to ensure vehicles are well maintained and kept in safe operating conditions. Often, the department will repurpose high mileage vehicles in the fleet for secondary assignments in the community services bureau. All police vehicles are subject to surplus whenever they reach the end of their useful life.

The current transport van is approximately three years old and has 33,0000 miles on the odometer.

The department uses the van daily, transporting prisoners up to twice per day to the closest county jail facility in Banning, California. The current van averages 11,000 miles annually. At this rate, the current transport van will end its useful cycle in approximately three years. The purchase of a second prisoner transport van is needed to continue jail operations without interruption and increase our prisoner transportation capability.

This purchase, if approved, will consist of four components: the transport van, a highly customized and fortified prisoner containment system, an internal camera system to allow the driver to monitor inmates, and police radio communication equipment. The department will purchase the transport van from National Auto Fleet Group utilizing a competitively solicited purchasing contract. The customized prisoner containment system and internal camera system will be purchased from American Emergency Products (AEP) using a competitively bid contract. To equip the van with police radio communication, the department will repurpose an existing Harris police radio removed from a surplus police vehicle, saving $9,260.00. New cables are needed to repurpose the radio, and the department will purchase radio cables from Hi-Desert Communications with NASPO contract pricing.

During the competitive bid process, one up-fitter, West Coast Lights and Siren in Riverside, California, bid approximately $4,300 less than our preferred vendor, American Emergency Products in Santee, California. The department has experience using both vendors and finds West Coast Lights and Siren less than optimal. For example, the time it takes for West Coast Lights and Siren to complete the upfitting of a police vehicle is excessive. The department has waited several months for West Coast Lights and Siren to complete work resulting in unnecessary downtime of crucial police equipment. Additionally, equipment installations performed by West Coast Lights and Siren are not uniform, and equipment is often installed differently in each vehicle. Whenever repair or warranty work is required, West Coast Lights and Siren must keep the vehicle for weeks to complete the warranty work, resulting in additional equipment downtime.

Alternatively, American Emergency Products (AEP) installations take half the time West Coast Lights and Siren require, and AEP installs equipment uniformly. The quality of work is superior when using AEP, as they have more experience up-fitting police vehicles than West Coast Lights and Siren. For these reasons, American Emergency Products (AEP) is the preferred vendor for this project. The $4,300 expense is worth the time saved during the up-fitting process and reflected in the quality of the final product.

DISCUSSION:

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Approval of this recommendation will significantly enhance the police department's ability to transport prisoners from our temporary holding facility to the county jail. It will eliminate the need to make multiple trips to the jail facility as our transport capacity will double. Purchasing a second transport van will enhance special enforcement events where dozens of persons are arrested within a short period and allow a transport van to remain available for routine jail operations. This recommendation will provide a backup transport van for department use when one van is unavailable for scheduled maintenance or disinfecting. Lastly, using two vans decreases wear and tear on each vehicle and reduces the mileage accrued by each van, prolonging both vehicles' usable life.

PREVIOUS COUNCIL ACTION:

None.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:
2023 Ford Transit T-350 Van – Up-fitting included $86,463.22 Harris Police Radio Cables – NASPO Contract Pricing $454.15 Total cost: $86,917.37
Funding Source: General Fund (110-3003-5400)
Funding for this purchase has been approved and appropriated through the FY22/23 budget process.

ALTERNATIVE(S):

The City Council may choose not to approve this purchase. If the Council decides not to approve, the Hemet Police Department will continue to function with one prisoner transport van until that vehicle is no longer serviceable. The financial impact of this option is increasing maintenance costs associated with servicing an aging vehicle that will reach the end of its useful life in approximately three years.

ATTACHMENT(S):

Attachment 1: Resoultion
Attachment 2: National Auto Fleet_AEP Quotation
Attachment 3: Hi Desert Quotation
Attachment 4: 2023 Prisoner Transport Van PP

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CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-xxx
A Resolution Awarding the Purchase of One (1) FullyOutfitted 2023 Ford Transit Cargo Van for the Total Amount of $86,917.37 from National Auto Fleet Group
Utilizing the Sourcewell Master Vehicle Contract
#091521-NAFG Competitively Solicited Purchasing
Contract, and Authorizing the City Manager to
Execute the Agreement and Purchase Orders in
Support of the Agreement.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet Police Department operates an in-house jail facility to temporarily house inmates arrested within the City of Hemet.

WHEREAS, the City of Hemet Police Department utilizes a twelve-passenger van to transport inmates from the temporary jail facility to a larger county jail located outside the City of Hemet.

WHEREAS, the current transport van is three years old and has 33,000 miles on the odometer. The transport van averages 11,000 miles annually and will reach the end of its useable life within three years.

WHEREAS, the City of Hemet Police Department requested a quotation from National Auto Fleet Group utilizing the Sourcewell Master Vehicle Contract #091521- NAFG, competitively solicited purchasing contract.

WHEREAS, the City of Hemet Police Department will install a repurposed Harris police radio from a surplus police vehicle in the transport van. New cabling is needed, and a quotation was requested from Hi-Desert Communications using NASPO contract pricing.

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CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, the City of Hemet Police Department assessed the companies conducting inmate transport vehicle up-fitting and, after intense research, has elected to use American Emergency Products (AEP) for up-fitting.

WHEREAS, staff requests the City Council approve the purchase of one (1) fully outfitted 2023 Ford Transit, non-hybrid, inmate transport van.

WHEREAS, staff requests the City Council authorize the City Manager to execute the Agreement and purchase orders in support of the Agreement

NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE: that the City Council approve the purchase of one (1) fully outfitted 2023 Ford Transit van, non-hybrid vehicle, and authorize the City Manager to execute the Agreement, and purchase orders in support of the Agreement.

PASSED, APPROVED AND ADOPTED this ___ day of ________ 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the ___ day of ________, 2022, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
John Maier, City Clerk

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EXHIBIT A

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0 g NationalAutoFleetGroup
A Divislnn of Chevrolet of Watsonville / 490 Auto Center Drive, Watsunville, CA 95076 [855] 289-6572 - [855] BUY-NJPA - [831] 480-8497 Fax
Fleet@Nal:iuna|AutoF|eetGruup.com
July 19, 2022
Lieutenant Dan Reinbolt
City of Hemet Police Department
450 E Latham Ave
Hemet, Ca 92223
Delivery Via Email
Dear Lt. Reinbolt,
In response to your inquiry, we are pleased to submitthe following for your consideration:

National Auto Fleet Group will sell, service and deliver at Hemet, new/unused 2023 Ford Transit Cargo Van (FlY) T—35O148” Low Roof responding to your requirement with the attached speci?cations for $ 48,294.00 plus State Sales Tax, and $8.75 ?re tax (n0n—taXable). These vehicles are available under the Sourcewell (Formerly Known as NJPA) master vehicle contract#O91521—NAFG.Color White.

One Unit
MSRP One Unit Total Savings Total Savings
2023 Ford Transit T350 Low Roof 148"WB 51,035.00 48,294.00 5.37% 2,741.00 AEPPrisone r
Transport Upfit 30,974.48
Sub Total 79,268.48
Sales Tax 6,935.99
Transportation 250.00
Tire Tax 8.75
Total 86,463.22
Terms are net 30 days.

Delivery 150-180 Days ARO
National Auto Fleet Group welcomes the opportunityto assist you in your vehicle requirements.

Kevin Buzzard
National Law Enforcement Sales Manager
National Auto Fleet Group
Wondries Fleet Group
626-457-5590 0
714-264-1867 C / 626-457-5593 F/ [email protected]
®TovoTA ? I11:-"31‘J

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Quotation '33“? Page
Jul 14, 2022 1
Order Number
'
, QTE0033D21
AEP California
10729 Wheatlands Ave. Suite C
Santee.CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To: ship To;
National Auto Fleet Group, Div. of Chevy of Watsonville AEP-California 490 Auto Center Dr Ship Parts to AEP-CAfor Installation Services Waisanville, CA9507
Reference |
PO Number Customer No. Salesperson Order Date Ship Via Terms Hemet PD Prisoner Trans on Van NAT11104 AS Jul 14 2022 NET30 Year N
Make Model color State Contract 13
2023 Ford Transit T-350 148" WB. White NA
Qty‘ Item [Vendor Part Number Des.“-i mm Unit Price Tax Extended Price 0rd. 9
Dealership POC: Kevin Buzzard, 714-264-1867
Hemet POC: L1Mike "Mo" Mouat. 951-765—2422
Vehicle ETA:
'“Prisoner Transport System""

1.00 PR|S01753 / PT-F05-120-3 Prisoner Transport Insert, 3-Comp, 15-22 Ford Transit 16,500.0000 N 16,500.00 LR 148
-Ford Transit. Low-Roof.Long Length 148" Wheel Base
Cargo
-Includes Side Step, Rear Step. TrimKit and LED Dome
Lights

1.00 PRlS01553 / PT-A-904 Prisoner Transport Sound Deadening Insulation Option 1.2458300 N 1,245.88

1.00 PR|S01602 / PT-A-906 Under Bench Storage Access Door Option 648.6800 N 648.68

1.00 PRlS01551 / PT-A-503 Ford Transit PrisorierTransport Vent Adapter Kit 593.7200 N 593.72

1.00 VACC02921 / 741-135-6441.4 Legend Fleet Stabiligiip Floor Kitwl Sill, Transit 148" 1.195.0000 N 1,195.00 WB

1.00 VACC01837 /AEP-SW-DOME4Dome Light Switch, 3-Position, White I Off /Red 16.0000 N 16.00

1.00 SHOP90006 / Shop Supplies Non-Inventory Installation Materials 150.0000 N 150.00

32.00 LABO90001 /AEP INSTALL Labor to Install Prisoner Transport System 95.0000 N 3,040.00 Quotation continued on next page

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Quotation D3“ "=99
Jul 14, 2022 2
Order Number
,
- QTE0033021
AEP California
10729 Wheallands Ave. Suite C
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To: ship To;
National Auto Fleet Group, Div. of Chevy of Watsonville AEP-California 490 Auto Center Dr Ship Parts to AEP-CA for InstallationServices Watsonville, CA9507
Reference PO Number customer No. Salespersvn Order Date Ship Via Terms Hemet PD Prisoner Transport Van NAT11104 AS Jul 14 2022 NET3O Year Make Model Color State Contract #
2023 Ford Transit T-350 148" WB. White NA
my‘ Item I Vendor Part Number nescrz mm Unit Price Tax Extended Price 0rd. 9
EVT—CertitiedTechnician Labor
Freight Shipping for Havis Insert N 1,125.00
"‘Prisoner Transport Camera I Viewing System“

1.00 PR|S01501 / PT-A-604 Prisoner Transport Video MonitorSystem, 4-Cameras 2,850.0000 N 2,850.00

6.00 LABO90001 / AEP INSTALL Laborto install Video System 95.0000 N 570.00 EVT-Certi?ed Technician Labor
"‘Aml>er Warning Ligh1s""

2.00 LEDSD3501 / EMPSZSTSZA mPower 4" Fascia LED Warning, Stud Mount, 6-LED, 104.5000 N 209,00 Amber
(GrillLED‘s x2)

6.00 LEDS03365 / EMPSZQMSZA mPower 4" Fascia LED Warning, Quick Mount, 6-LED, 104.5000 N 627.00 Amber
(Front Fender LED‘sX2)
(Rear Fender LED's x2)
(Rear Door LED‘sX2)

2.00 LEDS03360 / PMPZBKEDGE 90 deg Edge Mount, Adj. +/- 15 deg Bracket for mPower 10.0000 N 20.00 LED
(GrillLED Brackets)

1.00 VACC016B2 / AEF’—SW-WARN1 Warning Lights Switch, Off-On2, V—Series 16.0000 N 16.00

1.00 SHOPBUOUG / Shop Supplies InstallMaterials: Wire, Loom.Connectors 150.0000 N 150.00

9.00 LABO90001 / AEP INSTALL Labor to InstallWarning Light Package 95.0000 N 855.00 Quotation continued on next page

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Quotation D3“? Page
Jul 14, 2022 3
Order Number
, QTE0033021
AEP California
10729 Wheallands Ave. Suite C
Santee, CA92071
Phone: (619)596-1925
Fax: (619) 596-1909
Sold To: Ship To;
National Auto Fleet Group, Div. of Chevy of Watsonville AEP-California 490 Auto Center Dr Ship Parts to AEP-CA for installation Services Watsonville, CA9507
Reference PO Number Customer No. Salesperson Order Date Ship Via Terms He-met PD Prisoner Transgort Van NAT11104 AS Jul 14 2022 NET30 Year Make Model Color State Contract #
2023 Ford Transit T-350 148" WB_ White NA
my’ Item / Vendor Part Number Descri ?an Unit Price Tax Extended Price Ord. P
EVT-Certi?ed Technician Labor
""Center Equipment Console""'

1.00 CONSO1369 / C-TMW-TRNST-01 Tunnel MnuntAssembly For 2015-2022 Ford Transit Van 178.4100 N 178.41

1.00 CONS00350 /C-800 8" Enclosed Console 203.3400 N 203.34 PB 2012-09-01

1.00 FACE00270 / C-EB30-CH7-‘lP Console Faceplate for Harris CH-721 Control Head, 3" 0.0000 N 0.00 PB 2012-09-01

1.00 FACE00223 / C-PS-4 Console Switch Plate, (4) Switches, 2" 0.0000 N 0.00 PB 2012-09-01

1.00 CONS00325 / C-AP-0325 3" Console Mounted Accessory Pocket 40.8000 N 40.80 PB 2012-09-01

1.00 LAB090001 /AEPINSTALL Laborto InstallEquipment Console 95.0000 N 95.00 EVT-Certi?ed Technician Labor
"""Radio lnstal|ation‘“

1.00 ANTE00926 /FINB-5F Sharkee FIN Base 64.0000 N 64.00

1.00 ANTE00652 I CA-TP-FP RF Adapter, FME Male to TNC Male 3.1500 N 3.15

1.00 ANTE00935 / ASFC-155-U2-B1 Tri-BandAntenna Mast, 150-160.450-520. 745-870MHz 64.0000 N 64.00

1.00 CONS01276 / MMBP-25 Magnetic Microphone Mount 345000 N 34.50 Quotation continued on next page

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AEP lifornia
10729 Wheatlands Ave. Suite C
Santee. CA 92071
Quotation Date
Jul 14, 2022
Page
4 Order Number
QTE0033021
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To: Ship To:

National Auto Fleet Group. Div. of Chevy of Watsonville AEP-California 490 Auto Center Dr
Watsonville, CA 9507
Ship Parts to AEP-CA for InstallationServices
Reference PO Number Customer No. SHIESPGTSOH °|'deY Dale Ship Via Terms Hemet PD Prisoner Transport Van NAT11104 AS Jul 14 2022 NET30 L
Year Make Model color State Contract #
2023 Ford Transit T-350 148" WB. White NA
Item [Vendor Part Number Description Unit Price Tax Extended Price

4.00 LABO90001 / AEP INSTALL Labor to Install HPD Supplied Harris Radio 95.000!) N 380.00 EVT-Certi?ed Technician Labor
""Vehicle Weight Analysis*”’
Before/After Weight Analysis for Compliance Veri?cation N 100.00 "’Customer Supplied Materials”

1.00 lNST05685 / CSM -Harris Remote Head Radio Kit 0.0000 N 0.00 Thank you for the opportunity to earn your business Parts 24309.48 Terms & Conditions: Labor] services 4,940.00
- ESTIMATES VALIDFOR 30 DAYS Trans I Trip I Fee 100-00
o Orders will be invoiced upon noti?cation of completion shipping 1112539 0 Returns subject to 25% restocking fee. No returns on special _ D owe, itema Order Discount 0-0
- Credit Card payments accepted for payments of orderslinvoicing totaling $10,000 or less only. Subtotal 30.97443
SIGNATURE (not required if P0/contract is issued) Total sales tax 0-00 Total order 30374.43

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LCHROIWEDATANational Auto Fleet Group
A" A°*°d°*° 5°'U“°ns Brand Kevin Buzzard | 626-457-5590 OFC 1 Buzzard5150@gmai|.com Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950 GVWR RWD

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CHROMEDATANational Auto Fleet Group
A“ AU*°d°*° 5°‘U“°"S Brand Kevin Buzzard 1 626-457-5590 OFC | Buzzard5150@gmai|.com National Auto Fleet Group
Prepared By:

Kevin Buzzard
National Auto Fleet Group
626-457-5590 OFC
[email protected]
Prices. speci?cations, and availability aresubject to change without notice.and do not include certain lees, taxesand charges that may be required by law or vary by manufacturer or region. Performance ?gures are guidelines only. and actual performance may vary. Photos may not represent actual vehicles or exact con?gurations. Content based on report preparer‘s input is subject to the accuracy of the input provided. Data Version: 16938, Data updated Jul 13, 2022 662200 PM PDT Jul 14‘2022 Page 2

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CCHRONIEDA-I-ANational Auto Fleet Group
A“ A°*°d°*° 5°'U“°ns Brand Kevin Buzzard | 626457-5590 OFC 1 [email protected] Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950 GVWR RWD (oi Complete) Selected Model and Options
MODEL

CODE MODEL
F1Y 2023 Ford Transit Cargo Van T-350 148" Low Rf 9950 GVWR RWD COLORS

CODE DESCRIPTION
YZ Oxford White
ENGINE

CODE DESCRIPTION
998 Engine: 3.5L PFDi V6 Flex-Fuel -inc: port injection and auto start-stop technology (STD)

TRANSMISSION

CODE DESCRIPTION
44U Transmission: 10-Spd Automatic w/OD &Selectshift —inc:auxiliary transmission oil cooler (STD)

OPTION PACKAGE

CODE DESCRIPTION
101A Order Code 101A

AXLE RATIO

CODE DESCRIPTION
X4L 4.10 Limited-Slip Axle Ratio (STD)
WHEELS

CODE DESCRIPTION
641 Wheels: 16" Silver Steel wlSi|ver Hubcaps -inc: exposed lug nuts (STD)

PRIMARYPAINT

CODE DESCRIPTION
YZ Oxford White

SEAT TYPE

CODE DESCRIPTION
VK Dark Palazzo Gray, Vinyl Front Bucket Seats
Prices.speci?cations, and availabilityaresubject torchange without notice, and do not include certain fees. taxes and charges that may be required by law or vary by manufacturer or region. Performance ?gures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparersinput is subject to the accuracy of the input provided. Data Version' 16938. Data updated Jul 13, 2022 652:00 PM PDT Jul 14. 2022 Page 3

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ICHRONIEDATANational Auto Fleet Group
A" Avioduto 5°'U“°ns Bruno‘ Kevin Buzzard | 626-457-5590 OFC 1 Buzzard5150@gmai|.com Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y) T—350148" Low Rf 9950 GVWR RWD (J Complete)

SEATING ARRANGEMENT

CODE DESCRIPTION
21G Dark Palazzo Gray Vinyl Bucket Seats -inc: 2-way manual driver seat, 2-way manual passenger seat and driver armrest only (STD)

ADDITIONAL EQUIPMENT - EXTERIOR

CODE DESCRIPTION
545 Short-Arm Manual-Folding Heated Pwr Adjusting Mirrors-inc: turn signals 17A Fixed Rear Cargo Door Glass -inc: Rear—WindowDefroster, Rearview Mirror 92E Privacy Glass -inc: Provides protection of vehicle occupant(s) and occupant personal belongings, The glass also provides occupant comfort by helping to reduce vehicle coo|—down time *PR|CE TO FOLLOW‘ 153 Front License Plate Bracket

68.] Extended Length Running Boards -inc: Covers the A-Bpillar dr1'ver—sideand A-C pillar passengenside 59A 60/40 Hinged Passenger-Side Door
18P 50/50 Hinged Rear Door wI253-Degree Opening
85D Dua|—Note Horn

ADDITIONAL EQUIPMENT - ENTERTAINMENT

CODE DESCRIPTION
58V Radio: AM/FM Stereo w/SYNC 3 -inc: 4.0" multi-function display, Bluetooth, dual USB ports and 4 speakers (front)

ADDITIONALEQUIPMENT- INTERIOR

CODE DESCRIPTION
86F 2 Additional Keys (4 Total) -inc: key fobs
60C Cruise Controlw/Adjustable Spd Limiting Device (ASLD) -inc: The ASLD feature is great for city driving; it allows the driver to set an upper speed limitfor the vehicle, Ifthe vehicle begins to approach the upper speed limitthen audible and visual warning are given
57G Driver Controlled FrontIRear Aux A/C & Heater -inc: Heat is distributedfrom rear of front-passenger seat, AIC is distributed from the rear of van
43R Reverse Sensing System
43B Back Up Alarm -inc: 102 dB(A) warning capability
Options Total
Prices. speci?cations, and availability are subject to change without notice.and do not include certain fees. taxes and charges that may be required by law or vary by manufacturer or region. Performance ?gures are guidelines only, and actual performance may vary. Photos may not represent actualvehicles or exact con?gurations. Content based on report preparersinput is subiectto the accuracy of the input provided. Data Version: 16938, Data updated Jul 13. 2022 6'52:0D PM PDT Jul 14. 2022 Page 4

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CHROIWEDATANational Auto Fleet Group
A“ AU*°d°*° Solutions Brand Kevin Buzzard | 626-457-5590 OFC [ Buzzard5150@gmai|.com Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950 GVWR RWD (vi Complete) Standard Equipment
Mechanical
Engine: 3.5L PFDi V6 Flex-Fuel -inc: port injection and auto start-stop technology (STD) Transmission: 10-Spd Automatic w/OD & Se|ectShift «inc: auxiliary transmission oil cooler (STD)

4.10 Limited-Slip Axle Ratio (STD)
50-State Emissions System
Engine Auto Stop-Start Feature
Rear-Wheel Drive
70-AmpIHr Maintenance-Free Battery w/Run Down Protection 250 Amp Alternator
GVWR: 9.950 lbs
Front Anti-RollBar
Electric Power—AssistSteering

25.1 Gal. Fuel Tank
Single Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Leaf Rear Suspension w/Leaf Springs
4—Whee| Disc Brakes w/4-Wheel ABS. Front Vented Discs, Brake Assist.HillHold Control and Electric Parking Brake
MechanicalLimitedSlip Differential
Exterior
Wheels: 16" Silver Steel wlSi|ver Hubcaps -inc: exposed lug nuts (STD) Wheels wlArgent Accents w/Hub Covers
Tires: 235l65R16C 121/119 R AS BSW
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Front Bumper
Black Rear Bumper w/1 Tow Hook
Black Bodyside Cladding and Black Wheel Well Trim
Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Black Side Mirrors w/Convex Spotter
Prices. speci?cations. and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance ?gures are guidelines only. and actual performance may vary. Photos may not represent actual vehicles or exact con?gurations. Content based on report preparersinput is subject to the accuracy of the input provided. Data Version: 16938. Data updated Jul 13. 2022 6 52:00 PM PDT Jul 14. 2022 F395 5

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CHROMEDATA National Auto Fleet Group
An AU*°d°i0 5°lU“°"SBr<m0' Kevin Buzzard | 626-457-5590 OFC | [email protected] Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950 GVWR RWD (olcompiete) Exterior
Entertainment
Interior
Short-Arm Manual-Folding Power Adjust Mirrors
Light Tinted Glass
Variable IntermittentWipers
Fully Galvanized Steel Panels
Black Grille
Front License Plate Bracket
Sliding Rear Passenger Side Door
Split Swing-Out Rear Cargo Access
Tailgate/Rear Door Lock Included wlPower Door Locks
Ford Co-Pi|ot36O - Autolamp Auto On/Off Aero-Composite Halogen Auto High-Beam Headlamps w/Delay-Off Head|ights—AutomaticHighbeams
Laminated Glass
Radio w/Seek-Scan, Clock.Aux Audio Input Jack, Steering Wheel Controls and External Memory Control Radio; AMIFMStereo -inc: 4.0“ mu|ti—function display. Bluetooth.dual USB ports and 4 speakers (front) Streaming Audio
Fixed Antenna
Bluetooth Wireless Phone Connectivity
1 LCD Monitor In The Front
Dark Palazzo Gray Vinyl Bucket Seats -inc: 2-way manual driver seat. 2-way manual passenger seat and driver armrest only (STD)
4-Way Driver Seat
4-Way Passenger Seat
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp. Tachometer and Trip Odometer FordPass Connect 4G MobileHotspot lntemet Access
Front Cupholder
Remote Keyless Entry w/Integrated Key Transmitter, IlluminatedEntry and Panic Button Manual AirConditioning
Locking Glove Box
DriverFoot Rest
Prices, speci?cations. and availability are subject to change without notice.and do not include certain lees. taxes and charges that may be required by law or vary by manulacturer or region. Performance ?gures are guidelines only. and actual performance may vary. Photos may not represent actual vehicles or exact con?gurations. Content based on report preparersinput is subject to the accuracy of the input provided. Date Version: 16938. Data updated Jul 13, 2022 652200 PM PDT Jul 14 2022
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CHROME DATANational Auto Fleet Group
A“AU*°d°*° 5°'U“°nsBmnd Kevin Buzzard 1 626457-5590 orc | Buzzard5150@gmai|.com Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950 GVWR RWD (w/complete) Interior
Safety-Mechanical
Safety-Exterior
Safety-Interior
InteriorTrim ~inc:Metal-Look instrument Panel lnsert
Front Cloth Headliner
Urethane Gear Shifter Material
Vinyl Front Bucket Seats
Partial Floor Console w/Storage and 2 12V DC Power Outlets Front Map Lights
Fade—To-OffInterior Lighting
Front Only Viny|lRubber Floor Covering
Cargo Space Lights
DriverAlert
Pre-Collision Assist w/Automatic Emergency Braking
Passenger-Side B-Pillar Assist Handle
Instrument Panel Bin, Driver And Passenger Door Bins
Power 1st Row Windows w/Driver 1-Touch Down
Power Door Locks w/Autolock Feature
Systems Monitor
Analog Appearance
Manual Adjustable Front Head Restraints
Securilock Anti-Theft Ignition (pats) Engine Immobilizer 2 12V DC Power Outlets
Ford Co-Pi|ot36O wlSide Wind Stabilization Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And DrivelineTraction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Emergency Sos
Ford Co-Pilot360 — Lane—Keeping System Lane Departure Warning Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags w/Passenger Off Switch Safety Canopy System Curtain 1st Row Airbags
Prices, speci?cations. and availability are subject to change without notice.and do not include certain lees. taxes and charges that may be required by law or vary by manufacturer or region. Performance ?gures are guidelines only. and actual perfonnance may vary. Photos may not represent actualvehicles or exact configurations. Content based on report preparersInput is subject to the accuracy of the input provided. Data Version: 16938.Data updated Jul 13, 2022 6 5200 PM PDT Jul14.2022 Page 7

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‘.CH‘ROMEDATANational Auto Fleet Group
A” AU*°d<=*° 5°'U“°ns Brand Kevin Buzzard { 626-457-5590 OFC | [email protected] Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950 GVWR RWD (vi Complete) Safety-Interior
Airbag Occupancy Sensor
Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters and Pretensioners Back-Up Camera
Prices.speci?cations, and availability are subject to change without notice.and do not include oertaxn fees, taxes and charges that may be required by law or vary by manulacturer or region. Perlormance ?gures are guidelines only. and actual performance may vary. Photos may not represent actual vehicles or exact con?gurations. Content based on report preparer‘s input is subject to the accuracy of the input provided. Data Version: 16938. Data updated Jul 13. 2022 @5200 PM PDT Jul 14. 2022

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CHROMEDATANational Auto Fleet Group
A“ AU*°d°i° 5°'U“°nS Brand Kevin Buzzard | 626-457-5590 OFC | Buzzard5150@gmai|.com Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y)T—350148" Low Rf 9950 GVWR RWD (oi Complete) Window Sticker

SUMMARY
[Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950 GVWR RWD |nterior:Dark Palazzo Gray, Vinyl Front Bucket Seats
Exterior 1:Oxford White
Exterior 2:No color has been selected.

Engine: 3.5L PFDi V6 Flex-Fuel
Transmission: 10-Spd Automatic w/OD & Selectshift

OPTIONS

CODE MODEL
F1Y [Fleet] 2023 Ford Transit Cargo Van (F1Y) T-350 148" Low Rf 9950

GVWR RWD

OPTIONS
101A Order Code 101A
153 Front License Plate Bracket
17A Fixed Rear Cargo Door Glass
18P 50/50 Hinged Rear Door wl253-Degree Opening
21G Dark Palazzo Gray Vinyl Bucket Seats
438 Back Up Alarm
43R Reverse Sensing System
44U Transmission: 10-Spd Automatic w/OD & Selectshift
545 Short-Arm Manua|—Fo|ding Heated Pwr Adjusting Mirrors 57G Driver Controlled Front/Rear Aux A/C & Heater
58V Radio: AMIFMStereo w/SYNC 3
59A 60/40 Hinged Passenger-Side Door
60C Cruise Control w/Adjustable Spd Limiting Device (ASLD) 641 Wheels: 16" Silver Steel wlSilver Hubcaps
68J Extended Length Running Boards
85D Dual-Note Horn
86F 2 Additional Keys (4 Total)
92E Privacy Glass
998 Engine: 3.5L PFDi V6 Flex-Fuel
MSRP:$45,970.00
MSRP
$45,970.00
$0.00
$0.00
$250.00
$75.00
$0.00
$150000
$295.00
$0.00
$160.00
$860.00
$280.00
$0.00
$325.00
$0.00
$655.00
$20.00
$75.00
$125.00
$0.00
Prices. speci?cations. and availability are subject to change without notice, and do not include certain fees. taxes and charges that may be required by law or vary by manufacturer or region. Performance ?gures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact con?gurations. Content based on report preparersinput is subject to the accuracy of the input provided. Data Version: 16938. Data updated Jul 13, 2022 6:52:00 PM PDT Jul 14, 2022

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CHROMEDATANational Auto Fleet Group
A" AU*°d°*° 5°'U“0"S Brand Kevin Buzzard | 626-457-5590 OFC | [email protected] Vehicle: [Fleet] 2023 Ford Transit Cargo Van (F1Y)T—35O148" Low Rf 9950 GVWR RWD (J Complete) VK Dark Palazzo Gray, Vinyl Front Bucket Seats $0.00
X4L 4.10 Limited-Slip Axle Ratio $0.00
YZ Oxford White $0.00
SUBTOTAL $49,240.00
Adjustments Total $0.00
Destination Charge $1 .795.00
TOTAL PRICE $51,035.00

FUEL ECONOMY
Esl Ci’ty:N/A
Est Highway:N/A
Est Highway Cruising Range:NlA
Prices.speci?cations. and availability are subject to change without notice.and do not Include certain lees, taxes and charges that may be required by law or vary by manufaclurer or region. Performance ?gures are guidelines only. and actual performance may vary. Photos may not represent actual vehicles or exact configurations, Content based on report preparersinput is subject to the accuracy ol the input provided. Date Version: 16938, Date updated Jul 13. 2022 652200 PM PDT ..lu|14 2022

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Proposal #255413
Date: 7/25/2022
Valid To: 8/24/2022
Prepaired By: Eric A Zwarkowski Office: 760 243 2332
Email [email protected] Fax: 760 243 0886
Company: Hemet PD
Requested By: Glen Brock
Phone:

Email:

Quantity Item Number Description Each Total
1 XMZN7R Accessories,Unity,Remote Mount (List $360.00) $ 266.40 $ 266.40 1 LARNMO150/450/
758
150-174/430-520/750-870 MHz 0/5/4dBi NMO Mobile
Antenna with Spring $ 88.63 $ 88.63
1 ANXMB8U
3/4" Hole NMO Style Brass Mount with 17ft. RG58U solid
center, No Connector
$ 23.25 $ 23.25
1 R/FRFT1202-2 Conn, TNC Male Crimp for RG58, LMR195, Cbl Grp C $ 5.78 $ 5.78 Hi-Desert Communications Equipment: $ 384.06
17181 Jasmine Street Sales Tax: $ 33.61
Victorville, CA 92395 Labor:

Travel:

Quote is valid for 30 days after creation. Programming:

Shipping: $ 36.48
Total: $ 454.15

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Hemet City Council
Purchase of Prisoner Transport Van - Police Department
August 9th, 2022

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Strategic Plan Integration
Quality of Life
Organizational
Effectiveness
Objective 1: Operate in a
financially sustainable manner.

Objective 3: Increase
Public Safety visibility
and response.

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Housing Element Update
Background:
• Hemet Police Operates a Local Holding Facility Consisting of Five Jail Cells • House prisoners awaiting transport to a larger county jail. • Utilize existing 2019 Ford Transit van to transport prisoners. • Transport prisoners twice daily. • Current van is three years old and has accrued 33,000 miles on the odometer. • Van averages 11,000/year and will accrue a minimum of 66,000 miles within 3 years • Additional Benefits • Two transport vans will be available during special enforcement operations. • Gang Sweeps, Parole Sweeps, DUI Checkpoints • Doubled transport capacity • Current van seats 12 prisoners. • Backup van available during maintenance

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Housing Element Update
Bid Process
• Bid Process – National Competitive Contracts at volume discount pricing. • “Sourcewell Master Vehicle Contract #091521-NAFG” - Vehicle Purchase • 5.37% Savings over MSRP “Sourcewell Master Vehicle Contract”: RFP was requested, forty (40) different vehicle dealerships submitted and National Auto Fleet Group was awarded this contract after all proposals were reviewed.

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Housing Element Update
Fiscal Impact:

FISCAL IMPACT: • (1) 2023 Ford Transit Van with Prisoner Upfit: $86,463.22 • (1) Harris Police Radio – Repurposed from surplus $0.00 • Harris Police Radio Cables – Needed for surplus radio install $454.15 TOTAL COST: $86,917.37
Funding Source: 22/23FY Budget Acct. # 110-3003-5400 $86,917.37 Total $86,917.37

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Housing Element Update
Recommendation:

Award the Purchase of one(1) Fully-Outfitted 2023 Ford Transit Prisoner Transport Van for the Amount of$86,917.37 and Authorize the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement.

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Discussion & Follow Up

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 09 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding Southstar Engineering & Consulting, Inc. a Construction Management and Inspection Agreement in an Amount Not to Exceed $230,914.75 for the Citywide Traffic Signal Safety Upgrades Project, CIP No. 5651, Federal Aid Project No. HSIPL-5186(017); Authorizing the City Manager to Execute All Contract Documents, and Authorizing the Finance Director to Appropriate an Additional $69,504.75 of Unencumbered DIF (Fund 329) to Fund the Construction and Construction Management of this Project RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Southstar Engineering & Consulting, Inc. a Construction Management and Inspection Agreement in an Amount Not to Exceed $230,914.75 for the Citywide Traffic Signal Safety Upgrades Project, CIP No. 5651, Federal Aid Project No. HSIPL-5186(017); Authorizing the City Manager to Execute All Contract Documents, and Authorizing the Finance Director to Appropriate an Additional $69,504.75 of Unencumbered DIF (Fund 329) to Fund the Construction and Construction Management of this Project.

BACKGROUND:

In 2016, the City filed an application for HSIP Cycle 8 of the Highway Safety Improvement Program (HSIP), requesting federal funding for the Citywide Traffic Signal Safety Upgrades Projects. The City was subsequently awarded $985,900 of federal HSIP funding ($930,900 for construction and $55,000 for the design of the improvements). The project is to upgrade forty (40) traffic signals throughout the City including new LED safety lighting, countdown pedestrian signal heads, APS pedestrian push buttons, and new traffic signal controllers.

On April 5, 2021, Caltrans, through the Federal Highway Administration (FHWA), authorized $930,900 for construction and construction engineering (construction management and inspection) for the project. On February 8, 2022, City Council awarded a construction contract to Yunex LLC in the amount of $699,490.

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On January 11, 2022, a request for proposals was issued for construction management and inspection services. The RFP was uploaded to PlanetBids, the City’s solicitation service provider, where interested firms could obtain the complete RFP package.

ANALYSIS:

On February 8, 2022, the City received three (3) proposals:
•Advanced Applied Engineering, Inc, dba Infrastructure Engineers •GK & Associates
•Southstar Engineering & Consulting, Inc.

All proposals were reviewed by members of the Public Works and Purchasing staff in accordance with the selection process identified in the RFP. Upon staff review of the proposals, Southstar Engineering & Consulting, Inc. (Southstar) was ranked the most qualified firm for the project. The Southstar proposal also met the Disadvantage Business Enterprise (DBE) goal set for the project.

DISCUSSION:

In ranking Southstar as the most qualified firm for the construction management/inspection, City Staff negotiated with Southstar a final fee of $230,914.75.

PREVIOUS COUNCIL ACTION:
• City Council awarded a construction contract to Yunex LLC on February 8, 2022.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Completing CIP projects throughout the City will enhance the visual appearance of the community to make it attractive and reduce blight.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

The use of Highway Safety Improvement Program (HSIP) funds helps the City of Hemet operate in a financially sustainable manner.

FISCAL IMPACT:

Construction of the Citywide Traffic Signal Safety Upgrades project, CIP No. 5651, Federal Aid Project No, HSIPL-5186(017) is funded by the City’s HSIP grant in the amount of $930,900, which is not sufficient for the award of this recommended agreement. Approval of this agreement requires that the City Council appropriate $69,504.75 from the City’s unencumbered DIF funds, bringing the total construction budget to $1,000,404.75.

The total estimated construction and construction engineering costs are as follows:

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Construction Contract$699,490
Contingency (10%)$70,000
CM/Inspection$230,914.75
Total Project Cost $1,000,404.75
There is no General Fund impact.

ALTERNATIVE(S):

1.Do not award the agreement to Southstar Engineering & Consulting, Inc.

2.Provide alternate direction to City Staff.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Attachment 1: reso-20220628-Award_CM_CIP_5651
Attachment 2: Southstar Engineering - Agreement
Attachment 3: Proposals Received

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CITY COUNCIL RESOLUTUION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING SOUTHSTAR
ENGINEERING & CONSULTING, INC. A CONSTRUCTION

MANAGEMENT AND INSPECTION AGREEMENT IN THE
AMOUNT OF $230,926.91 FOR THE CITYWIDE TRAFFIC
SIGNAL SAFETY UPGRADES PROJECT, CIP 5651,
FEDERAL AID PROJECT HSIPL-5186(017); AUTHORIZE

THE CITY MANAGER TO EXECUTE ALL CONTRACT
DOCUMENTS; AND DIRECT THE FINANCE DIRECTOR
TO APPROPRIATE AN ADDITIONAL $69,519.91 OF
UNENCUMBERED DIF (FUND 329) TO FUND THE

CONSTRUCTION AND CONSTRUCTION MANAGEMENT
OF THIS PROJECT.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, on February 8, 2022, the Hemet City Council approved the award of the contractor agreement for the Citywide Traffic Signal Safety Upgrades Project; and
WHEREAS, on January 11, 2022 a formal request for proposals was issued for construction management and inspection services; and WHEREAS, staff recommends the City Council award a construction management and inspection agreement in the amount of $230,926.91 to Southstar Engineering & Consulting, Inc.; and
WHEREAS, staff recommends the City Council Authorize the City Manager to execute all contract documents; and

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CITY COUNCIL RESOLUTUION NO. 2022-xxx
WHEREAS, staff recommends the City Council direct the finance director to appropriate an additional $69,516.91 of unencumbered DIF funds to fund the construction of the project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and are material to this Resolution.

SECTION 2. City Council Actions.
a) The Finance Director is authorized and directed to record a supplemental appropriation in the amount of $69,504.75 from unencumbered Development Impact Fees (Fund 329) in support of the Citywide Traffic Signals Safety Upgrade Project (CIP 5651).
b) The City Council hereby awards a Construction Management and Inspection Agreement to Southstar Engineering & Consulting, Inc. in an amount not to exceed $230,926.91.
c) The City Manager is authorized and directed to execute the Construction Management Inspection Agreement to Southstar Engineering & Consulting, Inc. in an amount not to exceed $230,926.91.

PASSED, APPROVED AND ADOPTED this 12th day of July 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:

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CITY COUNCIL RESOLUTUION NO. 2022-xxx
_____________________________
John Paul Maier, City Clerk

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CITY COUNCIL RESOLUTUION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of July 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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PR FE I NA RVI E A REEMEN
B B twe

THE ITY FHEMET
i i i ip I ra

TH TAR EN INEERIN NS TIN IN

OSSO LSE CSG T
y and e en
C O ,
a Cal forn a mun c a corpo tion
and
SOU S G G&CO UL G, C.

Funded by the Federal Highway Safety Improvement Program (HSIP), Section 148 o Title 23, United States Code (23 U.S.C. § 148), through the California Department off Transportation

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF HEMET, CALIFORNIAAND SOUTHSTAR ENGINEERING & CONSULTING, INC.

This Professional Services Agreement (“Agreement”) is entered into as of this 8th day of July, 2022 by and between the City of Hemet, a California municipal corporation (“City”) and Southstar Engineering & Consulting, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the "Parties.”

RECITALS
A. Pursuant to the Administering Agency-State Agreement for Federal-Aid Projects No. 08-5186F15, by and between City and the California Department of Transportation (“Caltrans”), dated July 11, 2017 (“Master Agreement”), City has received nine hundred and eighty-?ve thousand nine hundred dollars ($985,900.00) from the federal Highway Safety Improvement Program (HSIP) to improve the safety of the traveling public.

B. City and Caltrans have executed two Program Supplement Agreements to the Master Agreement, No. F010 and No. F010 Rev. 1, wherein the City has agreed to complete a speci?c eligible project in accordance with the terms of the Master Agreement (“Project”). The Program Supplement Agreement and the Master Agreement will hereafter be referred to as the "Caltrans Agreement.” C. As part of the Project, City has sought by a request for proposal the performance of Construction Management and Inspection Services for Citywide Traffic Signal Safety Upgrades - CIP 5651 de?ned and described particularly in Section 2 of this Agreement.

B. Consultant was selected by the City to perform those services in accordance with the terms and conditions of the Caltrans Agreement.

C. Consultant was selected by the City on the basis of Consultant’s demonstrated competence and the professional quali?cations necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Hemet’s Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selection of Consultant for performance of those services de?ned and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly de?ned and described herein.

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Scoge of Services
Schedule of Performance

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2023 commencing on the date ?rst ascribed above, unless othenrvise extended in writing by the grant administrator.
(b) The City may, in its sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4. (c) Consultant acknowledges that the Agreement term may extend over multiple City ?scal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those ?scal years. This Agreement may be terminated by the City at the end of a ?scal year when suf?cient funding is not appropriated and authorized fo the subsequent ?scal year. City is not obligated to pay Consultant for any amounts not r duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) . Consultant agrees to perform the services set forth in Exhibit “A” “Scope of Services" (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) . The Services shall be completed pursuant to
the schedule speci?ed in Exhibit Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 "Administration and lmp|ementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

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SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitationsset forth in this Agreement, City agrees to pay Consultant the amounts speci?ed in Exhibit “B”“Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed two hundred and thirty thousand nine hundred and fourteen dollars and seventy-?ve cents ($230,914.75) unless addijienalation is approved in writing in accordance with Section 25 “Administration and lmplementation” or Section 28 “Amendment”of this Agreement. (b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit "B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-?ve (45) days of receipt of Consultant’s correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or ?nally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, othen/vise Consultant’s work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemni?cation” and Section 17 “|nsurance."

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SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, ?les and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or othen/vise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, files and other documents.

Ifand to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, ?les or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consu|tant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, ?les or other documents.

SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consu|tant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be suf?ciently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement.

Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; othen/vise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consu|tant’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consu|tant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such

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documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENTCONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an of?cer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liabilityof any kind on behalf of or against City, whether by contract or othen/vise, unless such authority is expressly conferred under this Agreement or is othenivise expressly conferred in writing by City. (b) 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 elected or appointed boards, of?cers, of?cials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's of?cers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s of?cers, employees, or agents are in any manner of?cials, officers, employees or agents of City.
(c) Neither Consultant, nor any of Consultant's of?cers, employees or agents, shall obtain any rights to retirement, health care or any other bene?ts which may othen/vise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the quali?cations, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional speci?c standards of performance and performance criteria may be set forth in Exhibit “A”“Scope of Work” that shall also be applicable to Consultants work under this Agreement. Where there is a con?ict between a general and a speci?c standard of performance or performance criteria, the speci?c standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AN LICENSES. D
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during

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the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, of?cers, of?cials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.

Consultant shall carry out the Services through completion of the Project in conformity with all applicable federal, state and local labor laws and regulations, including without limitation, if and to the extent applicable, the requirements to pay prevailing wages under federal law (the Davis Bacon Act, 40 U.S.C. Section 3141, et seq., and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “Davis Bacon”) and, if and to the extent applicable, California law (Labor Code Section 1720, et seq.). Consultant shall be solely responsible, expressly or impliedly, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, labor laws and standards.

Wage rates under the Labor Code shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County. Wage rates shall conform with those posted at
wvvw.dir.ca.gov/dlsr/DPreWageDetermination.htm. The following Labor Code sections are hereby referenced and made a part of this Agreement: (1) Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates, (2) Section 1777.4 - Apprenticeship Requirements, (3) Section 1777.5 - Apprenticeship Requirements, (4) Section 1813 - Penalty for Failure to Pay Overtime, (5) Sections 1810 and 1811 - Working Hour Restrictions, (6) Section 1775 - Payroll Records, and (7) Section 1773.8 - Travel and Subsistence Pay.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZEDALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, _e_t§_e_g., as amended, and in connection therewith, shall not employ unauthorized aliens as de?ned therein.

Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilitiesor sanctions imposed, together with any and all costs, including attorneys‘ fees, incurred by City.

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SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its ?rm, has or shall acquire any interest, directly or indirectly, which would con?ict in any manner with the interests of City or which would in any way hinder Consu|tant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an of?cer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid con?icts of interest or the appearance of any con?icts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a con?ict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform nonrelated services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a con?ict of interest for purposes of this section.

SECTION 15. CONFIDENTIALINFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered con?dential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Consultant, its of?cers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any of?cer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant’s conduct.

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Indemnification by Consultant
Indemni?cation from Subcontractors
(d) Consultant shall promptly notify City should Consultant, its of?cers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) . As provided under Civil Code Section
2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its of?cials, employees and agents (“|ndemni?ed Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively "C|aims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its of?cers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other consultants, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.

Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Consu|tant’s duty to defend shall not apply if there is a project-speci?c general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all Consultants involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) . Consultant agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemni?ed Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and wil in no way act as a waiver of any rights hereunder. This obligation to indemnify and l defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

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(c) ?isl?lk? . The provisions of this section do not apply to Claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its of?cials, employees and agents.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C" “|nsurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGN ENT.

The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the quali?cations and capability of the persons and entities who will ful?ll the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITYOF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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. _ _
(c) Ifeither Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.

This ?nal invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) City may suspend all or any portion of Consultant’s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must ?rst give ten (10) days’ written notice to Consultant of such suspension. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.

City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement.

Consultant will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the temis of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, ?res, ?oods, epidemics, strikes, embargoes, and unusually severe weather. The term

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- hi
..r... _
--I—-I--|—| r—I--Ii.-I.| _II._. ._| -
and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be i writing and shall be personally delivered, or sent by telecopier or certified mail, postagen prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
To Consultant: Southstar Engineering & Consulting, Inc. 1945 Chicago Ave. Unit C-2
Riverside, Ca 92507
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATIONAND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager's contracting authority under the Hemet Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

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"_"_E'.1IE:7-':7_"*'_ _
'
. _
_:|_|-_—|__ _j
_..'..-,_.;'1..'1'_-|'__
- ...:.--.___
SECTION 28. AMENDMENT.

No amendment to or modi?cation of this Agreement shall be valid unless made i writing and approved by the Consultant and by the City. The City Manager shall haven the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. Allother amendments shall be approved by the City Council. The Parties agree that the requirement for written modi?cations cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. in the event of litigation between the Parties, venue i state trial courts shall lie exclusively in the County of Riverside, California. In the eventn of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, i addition to any other relief to which it may be entitled. n SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C," is the entire, complete, ?nal and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining

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provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTINGTERMS.

Except as otherwise stated herein, ifthe terms of this Agreement con?ict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITYOF HEMET, CALIFORNIAANDSOUTHSTAR ENGINEERING & CONSULTING, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year ?rst-above written.

CITYOF HEMET
Eddie Pust
Police Chief, Acting City Manager
ATTEST:

CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY

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CONSULTANT
By:

Its: . 1
’
I ézxrr
It, U\\Cx ES
37 9

SEEATTACHEDNOTARY

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/3rm( 5 Wssw»
p rso )
subscri ed to the within instrumem and acknowled to me tha@/they t ir authorized capacity(i ), and that by r eir sig },é) erson .or the entity upon beh Ifof which the person ) acted, executed

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Bernardino )
on Ju|y)2, 2022 before me’ Nora-Lu V. Alcantar, Notary Public (insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the whose name( executed e me i
nature on the instrument the n
the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
Signature (Seal)
A vcl
NORA-LUV. ALCANTAR
COMM.#2338896
Notaty Public - Calilomia
San Bernardino COUNTY
MyComm. Exp. DEC 02, 2024

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IFOR I LL PURPO E

ERTIFI TE OF KNOWLEDGME T
O ?g Z.2Q&before
-
person( whose name
' are
execut d the same
‘
i er/their
capacity(i , and that bygiaher gnatureyr) :}(s the
which lh persolf) acted‘ instrument
I certify under P NALTY
WITNES of?cial . sum" 5’ W0"
1 ,r COMM. 3:2 '
Nnla’V;ub":';Io count -
agvmma7'wzr7v..bnc cs:,',',,._°'"ar«e's Au. 2: yzczz
dcscripuon ofauacllcd

CAL N A A - S

C CA AC N
A notary public or other of?cer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to me that he/she/they authorized /their si on the instrument the perso ), or entity upon behalf of executed the
OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
hand and seal
042 z
ifornia 3
(Notary Seal)

ADDITIONAL OPTIONAL INFORMATION

INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Californiamust contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment formmust be properly completed and attached to that document. The only exception is if a document is to be recorded outside ofCalifornia.In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certijj/ing the authorized capacity ofthe signer). Please check the document carefullyforproper notarial wording and attach thisformifrequired. (Title or document)
(Title or description of attached document continued)
I State and County information must be the State and County where the document Number of Pages C Document DateC— signer(s) personally appeared before the notary public for acknowledgment. - Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed (Additional infoi-mation) o The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). 0 Print the narnets) of document signer(s) who personally appear at the time of notanzation
CAPACITY CLAIMED BY THE SIGNER 0 Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they: is /are ) or circling the correct forms. Failure to correctly indicate this Indwldual (S) infonnation may lead to rejection of document recording.

Corporate of?cer o The notary seal impression must be clear and photographically reproducible. impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form.

Pa1_mer(S) 0 Signature of the notary public must match the signature on file with the of?ce of , the county clerk
Att0mey'm‘FaCt *9 Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document. other 4- indicate title or type of attached document, number of pages and date. '9 indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicatethe title (i.e. CEO, CFO, Secretary). 0 Securely attach this document to the signed document
2008 Version CAPA vI2.10 07 800-873-9865 www.NotaryClasses.com ,1Zim¢.»,v; 510.
(Here insert name and ti?e of the 'offTcer)

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The consultant will be expected to provide construction management and services on this project. At the beginning at the project, the consultant shall assign a resident engineer who we
ate
inspector shall also have knowledge oi Public Works inspection oi the construction of traffic signals. The City willassign a Project Manager to oversee allwork on the project and to monitor the consultant contract. The required scope oi work is described in detail on a per-task basis below. The Consultant may augment the scope with ‘optional tasks’ if necessary‘ The total wo
ocu
for the procurement ol materials unless otherwise approved by the engineer. The Ccntrador will be required to complete work on all contract items concurrently with the material downloaded by prospective proposers through Planet Bids, as previously indicated. —
' r i
’ n
The construction manager to be assigned to the project shall provide overall proled management and coordination for the duration of the project and shall perform the following notl
Co
- Be intonned of all project activities and approvals which are required prior to any roje
- Co
- Prepare weekly status reports including statement of working days documenting - Coordinate design changes with the ProieaManager.
- Coordinate and monitor all prqect team activity including. but not limited to. the contractor.subcontractors. sub—oonsuttants, and held inspectors. - Maintain electronic ?les and hard copies for the project per Section 5402 of the Caltrans Construction Manual.
- 00
meeting. review PS&.Eand agendize potential issues.
- Conduct and lead weekly construction progress meetings (or as frequently as necessary depending on the amount of prolect activity) and prepare minutes for the project managersapproval.

EXHIBIT"A"

SCOPE OF SERVICES
Consultant shall perform the following Services in accordance with the terms and conditions of the Caltrans Agreement, attached hereto and incorporated herein as

5.1 SCOPE OF WQRK
shall se as the construction manager throughout the duration of the project and assign an inspector. The resident engineer must be a Registered Engineer in the st of California. The number of construction rking days is estimated at 60. The said number of work ng days shal be considered lead time for materials pr rement and no additional time willbe granted procurement period to the extent poss ble. The project pans and speci?cations may be speci?c fu ons:
mmunication
changes to the p ct.
ordinate construction activities with the City and the general public. construction

2. Meetings
nduct pre-construction meeting and prepare agenda and minutes. Prior to the

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"N
consultant wil be expeded to take minutes and document issues. ?ndings and weekly meetings with the Project Manager. it necessary, meet with the auditor and follow-up on nislher requests and directives as necessary.

Review the master project schedtle at the beginning of the project and work with the contractor to maximize the number of project tasks that can be completed concurrently to the extent possible.
tem
Keep project on schedule and within budget.

Routinely review construction progress schedule and oontradors schedule ofvalues.

Prepare change orders in the standard city iormat forthe City Manager's approval.

Maintain an accounting of construction wsts. including approved change orders.

Review invoices from the contractor and other vendors. make payment recommendations. prepare progress payments and prepare ?nal payment in City's sta
Prepare cost estimates ior constructiornelated changes on behalf of the City.

Conduct an independent analysis ol extra work to be completed through a Contract cos
Anticipate change orders and Iirnitthe eilect on scheduling and the project budget.

Manage and coordinate change orders when they occur.

Review and coordinate approval of contramor submittals.

Log. track, and process submittals, Requests for Information(RFl's)_ Requests for (RFC's), Contract Change Orders (CCO‘s). tleld directives.Notices ofPotential Claim NO
Monitorall required permits, certi?cates, and licenses for compliance with local, state Routinely review construction tilesto ensure contormance to approved City standards cod
Provide memorandum of clearance to issue Notice oi Completion. ew
clarification.change order requests. etc.

Coordinate the review and approval of new traffic control plans submitted by the contractor.

Process all project documentation per City requirements in standard formats.

Coordinate other project contract and construdion management responsibilities as ass
Verify and sign contraaors dally extra work reports documenting force account (time crk
o At the uest of the city, participate in ?eld meetings to resolve ?eld issues. The changes resulting from the meetings. Attend various meetings as necessary. Conduct

3. Schedu e and Budget
Ensure all critical path i s are completed in a timely manner. ndard format
Change Order (CCO) to verify that the t for the extra work is reasonable.

4. Miscellaneous
Changes
( PC's),
and federal laws.
and g construction management practices.
0 Revi and respond to all construction correspondence, including requests for igned.
and materials) w

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Task 2 — Construction Observation
The inspector to be assigned to the project shall provide observation of all project activity and shall be responsible for the following speci?c tasks as wellas other tasks as necessary:
00 Communicate project details with all affected city services; including the Riverside County Sheriffs Department and Fire Department, Hemet Uni?ed School District, Riverside Transit Authority (RTA). waste disposal service providers. utility agencies and other providers of services as necessary shall be informed of all project activities Coordinate the Contractor's field work with affected utility companies, such as Southern Callfcmia Gas Company. Southern Calilomia Edison. Riverside County Flood Control and Water Conservation District, and other water purveyors (ii applicable). and all other utility companies and agencies affected by the project Attend all project meetings including. but not limited to. pre-construction, field, progress, etc.

Coordinate all required project inspections with all afiected agencies including. but com
Keep projects on schedule and within budget and minimizechange orders.

Provide complete measurements of quantities daily and calculations documented to administer progress payments. change orders, extra work, etc.

Update construction schedules twice per month in coordination with the contractor.

Ensure all change orders are pre—approved by the Project Manager.

4. Construction
Review construction traftic control to ensure compliance with applicable codes and standards. in particular the Caiitomia Manual oi‘Traflic ControlDevices (CAMUTCD).

Ensure contractor compliance with all applicable regulatory requirements.

At the completion of each phase of each project complete and document a ?eld review. Prepare inprogress punchilsts.

A full-time inspector will be required to be on-site for eight hours per day for the duration of the project. The inspector's hours may be reduced to fewer than eight hours per day itthe project activity is reduced to a level sud: that eight hours per day are no longer necessary. subject to city approval, or on days of no work.

Ensure the project is constructed in accordance with the project plans. speci?cations and estimate (PS8-E) construction documents. city standards. Caltrans Standard Plans and Speci?cations and Standard Speci?cations for Public Works Construction.

Ensure all construction activities are witnessed.

Ensure compliance of Underground Service Alert(USA) noti?cation/delineation and NPDES Best Management Practices.

Ensure contractor maintains accurate and up-to-date redllned as-constructed

1. mmunication
by the consultant.

2. M tings/Inspection
not limited to, utility panies.

3. Sch ule and Budget
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Inspect materials and equipment upon delivery tor compliance with the construction contract documents.

On eam working day, meet with the contractor to review proposed work plat. including speciic data?s that may atted progress. The consultant shall ntcrm the project manager of any work which may result in a noteworthy impact on the City.

Maintain copies of all permits needed to constmct the project and enforce special requirements of each.

Maintain a resident engineer diary and daily inspection report documenting consuuction activities. methods and equipment used.

Substitution of any material shal not be made unless approved by the project an

5. Aadminbtrattve
Complete daily measurements at quantities at‘work with the contractor and prepare daly inspector reports. At the end of eadi workhg day. the inspector and resident engineer must email daily reports to the Project Manager via email. The da'ly reports must be clear concise, tndude a detailed desaipllon at the work completed and include a summary ol the quantities of pay items completed that day. the percentage completed ma day. the cumulative percentages to date. list of equipment used and materials delivered.workers employed. a schedule of the anticipatedwork to bedone that week and any field problems. disputes or ctaims. settlements, ageements or direction given to the contractor. The daly report form, with which daily reports are submitted. must cornplywith City requirements for reporting, Color photographs of the jobsite shdl be taken prior to and during construction and once inmediahely following the completion ot construction of the project. Electronic files of the photographs taken shalt be ernaied to the Project Manager on a daily basis orprovidedtothe Oityonllashdrive mbesaved ontheCity'snetworlidn‘ve.

Analyze delays and review clains in a timely manner and make recommendations to the Project Manager as necessary.

Submit clean sets of plans marked in red for generating corrections on record drawlngstobe?edwithttiecity upon completionoltheproiect.

Ensure completion ot all materials testing a required in the project specifications in accordance with the GAP (Atladtmenl 0).

Confirmallmaterials consisting of ferrous metals to be furnishedand instaled by the contractor are rmnuactured in the U.S.A. in accordance with lederai Buy America requirements.

Task 3 — Tm Sigrid Timing Plans
The consultant shal develop trallic signal timitg plans for the forty (40) sgnal locations assoriuted with the project Tlrning plan shall be developed in compliance with the latest CA MUTCD llmhg standards. Plats shall be aeated tor Ornni ex controler sottwae.

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Task 4 —— Labor lance
The Labor Smndards Compliance Officer(LCO) to be assigned to the project sisal resolve complex labor compliance issues. review, verify and erilorce the prime contractors and subcontractors submitlal ot monthly certi?ed payrols pursuant to the contract agreement. local.

Federd, and State raoulemens and shal be responsible torthe Iollowingspecific tasks as wet sary.
l. Condua labor complianceinterviews with the contractor's workforce and record infonnation on loans provided by the city and verily compliance with lederal trainee and apprenticeship requirements as applicable.

2. Certify contractor payrollrecords lor cornpliaice with the higher of either federal Davis-Bacon or state prevailing wage rates.

Document and lorward all correspondence and payroll corrections withand by the contractor.

Inform the Project Manager as soon as the consultant discovers any discrepancies or labor compliance violations.

5. Submit a monthly labor compliance report to the City which Include certified payrolls. correspondence corrections. consulant letter certilying the review and labor compliance in accordance to the Federal andlor State regulations
Task 5 — Post-ConstructionServices
Evaluate completion ot work and recommend to City when work is ready for line!lnwectlon.

Conduct fmal inspedionlwallt throng‘: with City stall and contractor

3. Issue prdlrninary and Trialpunch list.including schedule for punch list completion. Monitor and toltow through withcontmdor until completion ot all punch list items.

4. Secure and transmit required guarantees. oerlifrcatiors, allidavits. easement deeds, operating 8. mahteriance manuds. waranties and other documents as stipulated in contract ocumen
Review and process contractors request lnr ?lial payment and release at retention.

6. Assist Cly with submitting invoices to Cattrais In accordance with LAPMChapter 5.

7. Ddiver project files to 0ity‘s ProiedManager.

Constltarl sha? maintain orderly project tilesincludhg. but not limited to. Daily inspection Reports. SubmittalReviews. and smitar pruiecl douimentation. Consultant must be aware of the GAPand demonstrate detailed project records. Upon project completion, one (1) set of project notebook, inchding all project records, shall be forwardedto the City. in three (3) ring bhder. prominently ldaeled on the lace aI1d spine with the title:

Construction Maiagornont Services for Ciyvddo Tral?c Signal Safety Upgrades; Fcdoral Project No. 51tl6(l'lt1); CIP 5651
Adiitionally, a copy of the record of the project shall be provided in Portable Document Format (PDF) on one (1) USB thumb rklve. Project binder.both hard copy and PDF.shall be organized in acccrdmce with Caltrans Construction Manual. Section 5102.

I as other tasks as neces
DEL

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MASTER AGREEMENT

ADMINISTERINGAGENCY-STATE AGREEMENT FOR

FEDERAL-AIDPROJECTS
08 City of Hemet
District Administering Agency
Agreement No. O8-5186F15
This AGREEMENT, is entered into effective this
between City of Hemet, hereinafter referred to as "ADMlNl California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS:

1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Ef?ciency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and

2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and

3. WHEREAS, before federal funds will be made available for a speci?c program project.

ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

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day of , 20 , by and
STERING AGENCY," and the State of

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ARTICLE I- PROJECT ADMINISTRATION

1. This AGREEMENTshall have no force or effect with respect to any program project unless and until a project-speci?c “Authorization/Agreement Summary". herein referred to as "E-76" document.is approved by STATE and the Federal HighwayAdministration (FHWA).

2. The term "PROJECT".as used herein, means that au?torized transportation related project and related activities ?nanced in part with federal-aid funds as more fully-described in an "AuthorizationIAgreement Summary" or "Amendment/ModificationSummary“, herein referred to as "E-76" or "E-76(AMOD)" document authorized by STATE and the Federal Highway Administration(FHWA).

3. The E-76/E-76(AMOD)shall designate the party responsible for implementing PROJECT, type of work and locationof PROJECT.

4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERINGAGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENTshall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERINGAGENCY andlor others. Execution of PROGRAM SUPPLEMENTby the PARTIES shall cause ADMINISTERINGAGENCYto adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the govemlng body of ADMINISTERINGAGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERINGAGENCY.

5. ADMINISTERINGAGENCY agrees to execute and return each project-speci?c PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on—goingor future federal-aid project performed by ADMINISTERING AGENCY if any project-speci?c PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwiseagreed by STATE in writing.

6. ADMINISTERINGAGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENTand all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, de?ning and identifyingthe nature of the speci?c PROJECT.

7. Federal, state and matching funds willnot participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD),unless othenrvise stated in the executed projectspeci?c PROGRAMSUPPLEMENT. ADMINISTERINGAGENCYagrees that it willonly proceed with the work authorized for that speci?c phase(s) on the project-speci?c E-76 or E-76 (AMOD).

ADMINISTERINGAGENCY further agrees to not proceed withfuture phases of PROJECT prior to receiving an E-76 (AMOD)from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).

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8. That PROJECT or portions thereof, must be includedin a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERINGAGENCYsubmitting the "Request for Authorization".

9. ADMINISTERINGAGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCALASSISTANCE PROCEDURES" relating to the federal-aid program. allTitle 23 Code of Federal Regulation (CFR))and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations. and policy and procedural or instructionalmemoranda, unless otherwise speci?cally waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

10. If PROJECT is not on STATE—ownedright of way, PROJECT shall be constructed in accordance with LOCALASSISTANCE PROCEDURESthat describes minimumstatewide design standards for local agency streets and roads. LOCALASSISTANCE PROCEDURESfor projects off the National Highway System (NHS) allow STATE to accept either the STATE‘s minimum statewide design standards or the approved geometric design standards of ADMINISTERIN AGENCY.Additionally, for projects off the NHS.STATE willaccept ADMINISTERING G AGENCYapproved standard speci?cations, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCALASSISTANC PROCEDURES. E

11. If PROJECT involves work within or partially within STATE—owned right-of-way, that PROJECT shall also be subject to compliance with the policies. procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERIN AGENCYthat outlines the PROJECT responsibilities and respective obligationsGof the PARTIES.

ADMINISTERINGAGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.

12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERINGAGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERINGAGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilitiesinstalled under the contract.

13. IfPROJECT is using STATE funds, the Department of General Services, Divisionof the State Architect, or its designee, shall review the contract PS&E for the construction of buildings. structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERI AGENCYshall not award a PROJECT construction contract for these types of improvements NG until "theState Architecthas issued written approval stating that the PROJECT plans and speci?cations comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

14. ADMINISTERINGAGENCY will advertise, award and administer PROJECT in accordance with the current LOCALASSISTANCE PROCEDURES unless othenlvise stated in the executed project-speci?c PROGRAM SUPPLEMENT.

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15. ADMINISTERINGAGENCYshall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fullyquali?ed and licensed engineer, ADMINISTERINGAGENCY shall provide a ful|—time employee to be in responsible charge of each PROJECT who is not a consultant.

16. ADMINISTERINGAGENCY shall submit PROJECT-speci?c contract award documents to STATE's Disttict Local Assistance Engineer withinsixty (60) days after contract award. A copy of the award documents shall also be includedwiththe submittal of the ?rst invoice for a construction contract by ADMINISTERINGAGENCY.

17. ADMINISTERINGAGENCYshall submit the ?nal report documents that collectivelyconstitute a “Report of Expenditures" withinone hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERINGAGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion willresult in STATE imposing sanctions upon ADMINISTERIN AGENCYin accordance withthe current LOCALASSISTANCEPROCEDURES.G

18. ADMINISTERINGAGENCY shall comply with:(i)section 504 of the RehabilitationAct of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii)all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

19. The Congress of the United States, the Legislature of the State of Californiaand the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscriminationrequirements with respect to contract and other work ?nanced with public funds.

ADMINISTERINGAGENCYagrees to comply with the requirements of the FAIR EMPLOYME PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATIO NT ASSURANCES (Exhibit B attached hereto). ADMINISTERINGAGENCYNfurther agrees that any agreement entered into by ADMINISTERINGAGENCY with a third party for performance of PROJECT~related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERINGAGENCY) as essential parts of such agreement to be enforced by that third party as veri?ed by ADMINISTERINGAGENCY.

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ARTICLEII- RIGHTSOF WAY

1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT ADMINISTERINGAGENCY . shall certify and, upon request. shall furnish STATE with evidence that all necessary rights of way are available for constmction purposes or willbe available by the time of award of the construction contract.

2. ADMINISTERINGAGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limitedto, being clear as certi?ed or ifsaid right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in additionto all real property required for the PROJECT, titlefree and clear of obstructions and encumbrances affecting PROJECTand the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERINGAGENCY shall pay, from its own nonmatching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERINGAGENCYfor the orderly prosecution of PROJECT work.

3. Subject to STATE approval and such supervision as is required by LOCALASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERINGAGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERINGAGENCY.

4. When real property rights are to be acquired by ADMINISTERINGAGENCY for a PROJECT, said ADMINISTERINGAGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970_,as amended.

5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERIN AGENCY, in acquiring right of way for PROJECT, displace an individual, family, G business.fann operation, or non-pro?t organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public willbe adequately infonned of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or fann operation without at least ninety (90) days written notice from ADMINISTERIN AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances. G on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available withina reasonable period of time prior to displacement. and that ADMINISTERINGAGENCY's relocation program is realistic and adequate to provide orderfy, timely and eflicient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.

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6. ADMINISTERINGAGENCYshall.along with ramming the deed or instrument evidencing titl in the name of the ADMINISTERINGAGENCYor their assignee. also record an Agreement e Declaring Restrictive Covenants (ADRC)as a separate document incorporating the assurances included within Exhibits A and B and Appendices_A.B, C and D of this AGREEMENT, as appropriate.

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‘IARTICLE III- MAINTENANCEANDMANAGEMENT

1. ADMINISTERINGAGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENTto otherwise provide. With the approval of STATE, ADMINISTERINGAGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERINGAGENCY's acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting -PROJECT, ADMINISTERINGAGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERINGAGENCYto facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed. ADMINISTERINGAGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. if, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERINGAGENCYhas not satisfactorily remedied the conditions complained of, the approval of future federal—aidprojects of ADMINISTERINGAGENCY will be withheld until the PROJECT shall have been put in a conditionof operation and maintenance satisfactory to STATE and FHWA.The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERINGAGENCY, another unit of government, or a contractor under agreement with ADMlNlSTERlNG AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

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ARTICLEIV- FISCALPROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resourcesby the CaliforniaTransportation Commission (CTC).

2. STATE'S ?nancial commitment of federal funds will occur only upon the execution of this AGREEMENT,the authorization of the project-speci?c E-76 or E-76 (AMOD).the execution of each project-speci?c PROGRAM SUPPLEMENT,and STATE’s approved ?nance letter.

3. ADMINISTERINGAGENCY may submit signed invoices in arrears for reimbursementof participating PROJECT costs on a regular basis once the project-speci?c PROGRAM SUPPLEMENThas been executed by STATE.

4. ADMINISTERINGAGENCYagrees, at a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-speci?c PROGRAM SUPPLEMENTor through a project-speci?c?nance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERINGAGENCY if PROJECT costs have not been invoiced by ADMINISTERINGAGENCYfor a six (6) month period.

5. Invoicesshall be submitted on ADMINISTERINGAGENCY letterhead that includesthe address of ADMINISTERINGAGENCY and shall be formatted in accordance with LOCALASSISTANC PROCEDURES. E

6. ADMINISTERINGAGENCY musthave at least one copy of supporting backup documentatio n
for costs incurred and claimed for reimbursement by ADMINISTERINGAGENCY.

ADMINISTERINGAGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is notlimited to, agency's progress payment to the contractors.copies of cancelledchecks showing amounts made payable to vendors and contractors, andlor a computerized summary of PROJECT costs.

7. Payments to ADMlNlSTERlNGAGENCYcan only be released by STATE as reimbursementof actual allowablePROJECT costs already incurred and paid for by ADMINISTERINGAGENCY.

8. Indirect Cost Allocation Plans/IndirectCost Rate Proposals (ICAP/ICRP),Central Service Cost AllocationPlans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERINGAGENCYseeking reimbursementof indirect costs incurred within each ?scal year being claimed for State and federal reimbursement. lCAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAPIICRPapproval procedures established by STATE.

9. Once PROJECT has been awarded, STATE reserves the right to de—obIigateany excess federal funds from the constructionphase of PROJECT ifthe contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).

10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENTor $40,000 until ADMINISTERINGAGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMEN PROJECT. T

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11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto witha ?nance letter, a detailed estimate, ifrequired, and approved E-76 (AMOD).Federal-aid funding may be increased to cover PROJECT cost increases only ifsuch funds are available and FHWAconcurs with that increase.

12. When additional federa|—aid funds are not available, ADMINISTERINGAGENCYagrees that the payment of federal funds willbe limitedto the amounts authorized on the PROJECT speci?c E-76 / E-76 (AMOD)and agrees that any increasesin PROJECT costs must be defrayed with ADMINISTERINGAGENCY's own funds.

13. ADMINISTERINGAGENCYshall use its own non-federal funds to ?nance the local share of eligible costs and all expenditures or contract items ruled ineligible for ?nancing with federal funds.

STATE shall make the determination of ADMINISTERINGAGENCY's cost eligibilityfor federal fund ?nancing of PROJECT costs.

14. ADMINISTERINGAGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERINGAGENCY.STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State AdministrativeManual.

15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State ?scal year the funds were appropriated in the State Budget.

State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State ?scal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERINGAGENCYand approved by the Californi Department of Finance (per Government Code section 16304). The exact date of fund areversion willbe re?ected in the STATE signed ?nance letter for PROJECT.

17. Payments to ADMINISTERINGAGENCYfor PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERINGAGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and ?le STATE employees under current State Department of Personnel Administratio (DPA) rules. if the rates invoiced by ADMINISTERINGAGENCY are in excess nof DPA rates, ADMINISTERINGAGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERINGAGENCYon demand withinthirty (30) days of such invoice.

18. ADMINISTERINGAGENCY agrees to comply with 2 CFR, Part 200, UniformAdministrativ Requirements, Cost Principles and Audit Requirement for Federal Awards. e

19. ADMINISTERINGAGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowabllityof individualPROJECT cost items.

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20. Every sub-recipient receiving PROJECTfunds under this AGREEMENTshall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERALregulations.

21. Any PROJECT costs for which ADMINISTERINGAGENCYhas received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31. and other applicable STATE and FEDERALregulations, are subject to repayment by ADMINISTERINGAGENCYto STATE.

22. Should ADMINISTERINGAGENCYfail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERINGAGENCY breach this AGREEMEN by failing to complete PROJECT without adequate justi?cation and approval by TSTATE, then, within thirty 30 days of demand, or within such other period -as may be agreed to in writin between the PARTIES, STATE, acting through the State Controller, the State Treasurer, gor any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERINGAGENCYfrom the Highway Users Tax Fund or any other sources of funds, and/or may withholdapproval of future ADMINISTERINGAGENCYfederal-aid projects.

23. Should ADMINISTERINGAGENCY be declared to be in breach of this AGREEMENTor othewvise in default thereof by STATE, and ifADMINISTERINGAGENCYis constituted as a joint powers authority, special district,or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement fromwhatever sources of fundin are available, including the withholdingor transfer of funds, pursuant to Article IV- 22, fromgthose constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERINGAGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERINGAGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERINGAGENCYwas created, if any exists, that would restrict or otherwise limitSTATE's ability to recover State funds improperly spent by ADMINISTERI AGENCYin contravention of the tenns of this AGREEMENT. NG

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ARTICLEV

AUDITS,THIRDPARTY CONTRACTING,RECORDS RETENTIONANDREPORTS

1. STATE reserves the right to conduct technical and ?nancial audits of PROJECT work and records and ADMINISTERINGAGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.

2. ADMINISTERINGAGENCY, its contractors and subcontractors shall establish and maintain a ?nancial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The ?nancial management system of ADMINISTERINGAGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchersor invoicessent to or paid by STATE.

3. ADMINISTERINGAGENCY, ADMINISTERINGAGENCY'scontractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the perfonnance of such contracts.including, but not limited to, the costs of administering those various contracts and ADMINISTERINGAGENCY shall fumish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective of?ces at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the ?nal expenditure report by the STATE to the FHWA.

4. ADMlNlSTER|NG AGENCY is required to have an audit in accordance withthe Single AuditAct of 2 CFR 200 ifit expends $750,000 or more in Federal Funds in a single ?scal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA)20.205.

5. ADMINISTERINGAGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERIN AGENCY's annual audit and in the schedule of projects to be examined underG its single audit prepared in accordance with 2 CFR, Part 200.

6. ADMINISTERINGAGENCY shall not award a non-A&E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be perfonned under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERINGAGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

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7. Any subcontract entered into by ADMINISTERINGAGENCY as a result of this AGREEMENT shall contain provisions 5. 6. 17. 19 and 20 of ARTICLEIV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS.TH|RD—PARTY CONTRACTING RECORDS RETENTIONANDREPORTS.

8. To be eligible for local match credit.ADMINISTERINGAGENCY must ensure that local match funds used for a PROJECT meet the ?scal provisions requirements outlined in ARTICLEIVin the same manner as required of all other PROJECT expenditures.

9. In addition to the above, the pre-award requirements of third-party oontractorlconsultants with ADMINISTERINGAGENCYshould be consistent withthe LOCALASSISTANCE PROCEDURES

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ARTICLEVI- FEDERALLOBBYINGACTIVITIESCERTIFICATION

1. By execution of this AGREEMENT, ADMINISTERINGAGENCYcerti?es, to the best of the signatory of?cer's knowledge and belief, that:

A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERINGAGENCY, to any person for in?uencing or attempting to influence an of?oer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an of?oer or employee of the Legislature or Congress, or any employee of a Memberof the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension.continuation,renewal.amendment, or modi?cation of any STATE or federal contract, grant, loan, or cooperative contract.

B. Ifany funds other than federal appropriated funds have been paid, or willbe paid, to any person for in?uencing or attempting to in?uence an officer or employee of any federal agency, a member of Congress, an of?oer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERIN AGENCYshall complete and submit Standard Forrn-LLL,“Disclosure Form to Rep G Lobbying,"in accordance withthe fonn instructions.

C. This certi?cation is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENTwas or will be made or entered into.

Submission of this certi?cation is a prerequisite for making or entering into this AGREEMEN imposed by Section 1352, Title 31, United States Code. Any party who fails to ?leT the required certi?cation shall be subject to a civilpenalty of not less than $10,000 and not more than $100,000 for each such failure.

2. ADMINISTERINGAGENCYalso agrees by signing this AGREEMENTthat the language of this certi?cation willbe included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

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ARTICLEVII- MISCELLANEOUSPROVISIONS

1. ADMINISTERINGAGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in confomiance with Article XIX of the California State Constitution and the relevant Federal Regulations.

2. This AGREEMENTis subject to any additional restrictions, limitations,conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENTin any manner.

3. ADMINISTERINGAGENCY and the officers and employees of ADMINISTERINGAGENCY, when engaged in the performance of this AGREEMENT,shall act in an independent capacity and not as of?oers, employees or agents of STATE or the federal government.

4. Each project—speci?cE-76 or E-76 (AMOD).PROGRAMSUPPLEMENT and Finance Letter shall separately establish the tenns and funding limitsfor each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.

5. ADMINISTERINGAGENCY certi?es that neither ADMINISTERINGAGENCYnor its principals are suspended or debarred at the time of the execution of this AGREEMENT.ADMINISTERIN AGENCY agrees that it willnotify STATE immediately in the event a suspensionG or a debamient occurs after the execution of this AGREEMENT.

6. ADM|NlSTERlNG_ AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has beenemployed or retained to solicit or secure this AGREEMENTupon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona ?de employees or bona ?de established commercial or selling agencies maintained by ADMINISTERINGAGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENTwithout liability,pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or othenrviserecover, the full amount of such commission, percentage, brokerage, orcontingent fee.

7. In accordance with Public Contract Code section 10296, ADMINISTERINGAGENCY hereby certi?es under penalty of perjury that no more than one ?nal unappealable ?nding of contempt of court by a federal court has been issued against ADMINISTERINGAGENCYwithin the immediat preceding two (2) year period because of ADMINISTERINGAGENCY's failure to complye with an order of a federal court that orders ADMINISTERINGAGENCY to comply with an order of the National LaborRelations Board.

8. ADMINISTERINGAGENCY shall disclose any ?nancial, business, or other relationship with STATE, FHWAor Federal Transit Administration (I-'|'A) that may have an Impact upon the outcome of this AGREEMENT.ADMINISTERINGAGENCYshall also list current contractors who may have a ?nancial interest in the outcome of this AGREEMENT.

9. ADMINISTERINGAGENCY hereby certi?es that it does not have nor shall it acquire any ?nancial or business interest that would oon?ict with the performance of PROJECT under this AGREEMENT.

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10. ADMINISTERINGAGENCY warrants that this AGREEMENTwas not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violationof this warranty, STATE shall have the right, in its discretion, to tenninate this AGREEMENT without liability. to pay only for the work actually performed. or to deduct from the PROGRAM SUPPLEMENTprice or othenrvise recover the full amount of such rebate, kickback, or other unlawful consideration.

11. Any dispute concerning a question of fact arising under this AGREEMENTthat is not disposed of by agreement shall be decided by the STATE's Contract Of?cer who may consider any written or verbal evidence submitted by ADMINISTERINGAGENCY.The decision of the Contract Of?ce r. issued in writing, shall be conclusive and binding on the PARTIES on all questions of ‘fact considered and determined by the Contract Officer.

12. Neither the pending of a dispute nor its consideration by the Contract Of?cer willexcuse ADMINISTERINGAGENCYfromfulland timely performance in accordance with the terms of this AGREEMENT.

13. NeitherADMINISTERINGAGENCYnor any of?cer or employee thereof is responsible for any injury, damage or liabilityoccurring by reason of anything done or omitted to be done by STATE, under or in connection withany work, authority or jurisdiction arising under this AGREEMENT.Itis understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERINGAGENCY and all of its of?cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including. but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liabilityoccurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERIN AGENCY under, or in connection with, any work, authority or jurisdiction arising G under this AGREEMENT. it is understood and agreed that ADMINISTERINGAGENCY shall fully defend, indemnify and save hannless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liabilityoccurring by reason of anything done or omitted to be done by ADMINISTERINGAGENCY under this AGREEMENT.

15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERINGAGENCY in the event that ADMINISTERINGAGENCY fails to proceed with PROJECT work in accordance with the project-speci?c PROGRAMSUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is signi?cantly endangered.

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16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERINGAGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERINGAGENCYand STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERINGAGENCY, STATE shall pay ADMINISTERINGAGENCY the sum due ADMINISTERINGAGENCY under the PROGRAM SUPPLEMENT and/or STATE approved ?nance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project—speci?c PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall ?rst be deducted from any sum due ADMINISTERINGAGENCY.

17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a projectspeci?c PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENTshall prevail over those in this AGREEMENT.

18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERINGAGENCY either in whole or in part.

19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized of?cers

STATE OF CALIFORNIA
DEP TRANSPORTATION City of He
Division of Local Assistance City of
Representative Name &Title
(Authorized Govern Representative)
Date Date

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f, Of?ce of Project Implementation
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EXHIBITA

FAIREMPLOYMENTPRACTICESADDENDUM

1. Inthe performance of this Agreement, ADMINISTERINGAGENCYwillnot discriminate against any employee for employment because of race, color,sex, sexual orientation, religion. ancestry or national origin, physical disability. medical condition, marital status, politicalaf?liation.family and medical care leave. pregnancy leave. or disability leave. ADMINISTERINGAGENCY will take affirmativeaction to ensure that employees are treated during employment without regard to their race.sex.sexual orientation.color.religion. ancestry, or national origin. physical disability. medical condition.marital status. politicalaf?liation.family and medical care leave.pregnancy leave. or disability leave. Such action shall include.but not be limited to. the following: employment; upgrading; demotion or transfer; recruitmentor recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. including apprenticeship.

ADMINISTERINGAGENCY shall post in conspicuous places. available to employees for employment. notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERINGAGENCY.its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (califomia Code of Regulations. Title 2.

Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code. Section 12900(a-f). set forth in Chapter 5 of Division4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMEN by reference and made a part hereof as if set forth in full. Each of the ADMINISTERIN T AGENCY‘Scontractors and all subcontractors shall give written notice of theirGobligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERINGAGENCY shall include the nondiscriminationand compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERINGAGENCY will permit access to the records of employment. employment advertisements.application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of Californiadesignated by STATE.for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for WillfulViolation
(:3)STATE may determine a willfulviolation of the Fair Employment provision to have occurred upon receipt of a ?nal judgment to that effect from a court in an action to which ADMINISTERIN AGENCYwas a party. or upon receipt of a written notice from the Fair Employment G and Housing Commission that it has investigated and determined that ADMINISTERINGAGENCYhas violated the Fair Employment Practices Act and had issued an order under Labor Code Section 142 which has become ?nal or has obtained an injunction under Labor Code Section 1429. 6 17 of 26

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(b) For willfulviolation of this Fair Employment Provision,STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATEin securi n
the goods or services thereunder shall be borne and paid for by ADMINISTERINGAGENCYand by the surety under the performance bond.ifany. and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERINGAGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERI AGENCY‘sbreach of this Agreement. NG

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EXHIBITB

NONDISCRIMINATIONASSURANCES
ADMINISTERINGAGENCY HEREBYAGREES THAT, as a condition to receiving any federal ?nancial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply withTitleVI of the CivilRights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title

49. Code of Federal Regulations, Department of Transportation, Subtitle A, Of?ce of the Secretary, Part 21, "Nondiscriminationin Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the CivilRights Act of 1964' (hereinafter referred to as the REGULATIONS),the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS,and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex. national origin, religion, age or disability, be excluded from participation in, be denied the bene?ts of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERINGAGENCY receives federal ?nancial assistance from the Federal Department of Transportation. ADMINISTERIN AGENCY HEREBYGIVES ASSURANCE THAT ADMINISTERINGAGENCY Gwill promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection

21.7(a) (1) of the REGULATIONS.

More speci?cally, and without limiting the above general assurance, ADMINISTERINGAGENCY hereby gives the following speci?c assurances with respect to its federal-aid Program:

1. That ADMINISTERINGAGENCY agrees that each "program" and each "facility"as de?ned in subsections.21.23 (e) and 21.23 (b) of the REGULATIONS,will be (with regard to a "program") conducted, or will be (with regard to a "facility")operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERINGAGENCYshall insert the following noti?cation in allsolicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, inadapted form, in all proposals for negotiated agreements:

ADMINISTERINGAGENCY hereby noti?es all bidders that it will af?rmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises wil be afforded full opportunity to submit bids in response to this invitation and will not lbe discriminated against on the grounds of race, color.sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERINGAGENCYshall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running wit the land, in any deed effecting a transfer of real property, structures, or improvements thereon,h or interest therein.‘

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5. That where ADMINISTERINGAGENCY receives federal ?nancial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERINGAGENCY receives federal ?nancial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERINGAGENCYshall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERINGAGENCY with other parties:

Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired. or improved under the federal-aid Program.

8. That this assurance obligates ADMINISTERINGAGENCY for the period during which federal ?nancial assistance is extended to the program, except where the federal ?nancial assistance is to provide, or is in the fomt of.personal property or real property or interest therein.or structures, or improvements thereon, in which case the assurance obliates ADMINISTERINGAGENCYor any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal ?nancial assistance is extended, or for another purpose involving the provision of similar services or bene?ts; or
(b) the period during which ADMINISTERINGAGENCY retains ownership or possession of the property.

9. That ADMINISTERINGAGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary ofTransportation, or the of?cial to whom he delegates speci?c authority, to give reasonable guarantee that ADMINISTERINGAGENCY, other recipients, sub-grantees, applicants, sub-applicants. transferees, successors in interest, and other participants of federal ?nancial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT.the REGULATIONS,this Assurance and the Agreement.

10. That ADMINISTERINGAGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

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.ADM ERINGAGENCY shall n disc inate on th of race Iiglon, disabil Ior, na origin or sex in the awe and rformance STATE sisted ract or 11 INIST ot rim a basis , re age, ity
co tional rd pe of any as cont ,In
the administrationon its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERI AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26NGto ensure nondiscriminationin the award and administration of STATE assisted contracts. ADMINISTERI AGENCY'S DBE Implementation Agreement is incorporated by reference in thisNGAGREEMENT . Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violationof this agreement. Upon noti?cationto the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 andlor the Program Fraud CivilRemedies Actof 1985 (31USC 3801 et seq.) THESE ASSURANCESare given in consideration of and for the purpose of obtaining any and all federal grants, loans. agreements, property, discounts or other federal ?nancial assistance extended after the date hereof to ADMINISTERINGAGENCY by STATE, acting for the U.S.

Department of Transportation, and is binding on ADMINISTERINGAGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successorsin interest and other participants in the federal-aid Highway Program.

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APPENDIXATO EXHIBITB
During the performance of this Agreement, ADMINISTERINGAGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERINGAGENCY agrees as follows: )
(1) Compliance with Regulations: ADMINISTERINGAGENCYshall comply with the regulations relative to nondiscriminationin federally assisted programs of the Department of Transportation.

Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS),which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination:ADMINISTERINGAGENCY, with regard to the work performed by itduring the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERINGAGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS including employment practices when the agreement covers a program set forth ,in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERINGAGENCYfor work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be noti?ed by ADMINISTERIN AGENCY of the ADMINISTERINGAGENCY's obligations under this Agreement G and the REGULATIONSrelative to nondiscriminationon the grounds of race, color, or national origin. (4) Informationand Reports: ADMINISTERINGAGENCY shall provide all informationand reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERINGAGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWAto be pertinent to ascertain compliance wit such REGULATIONS or directives. Where any information required of ADMINISTERIN h AGENCY is in the exclusive possession of another who fails or refuses to furnishGthis information ADMINISTERINGAGENCY shall so certify to STATE or the FHWA as appropriate, and, shall set forth what efforts ADMINISTERINGAGENCYhas made to obtain the information. (5) Sanctions for Noncompliancez In the event of ADMINISTERINGAGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWAmay determine to be appropriate, including, but not limitedto:
(a) withholding of payments to ADMINISTERINGAGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; andlor (b) cancellation, termination or suspension of the Agreement, inwholeor in part.

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(6) Incorporation of Provisions: ADMINISTERINGAGENCY shall include the provisions of paragraphs (1) through (6) in every sub—areement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS,or directives issued pursuant thereto.

ADMINISTERINGAGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of-enforcing such provisions including sanctions for noncompliance. provided, however, that, in the event ADMINISTERINGAGENCY becomes involvedin.or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERINGAGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERINGAGENCY may request the United States to enter into such litigationto protect the interests of the United States.

APPENDIXB TO EXHIBITB

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The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTINGCLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERINGAGENCYwill accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code. the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal HighwayAdministrationof the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VIof the CivilRights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERINGAGENCYall the right. title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit"A"attached hereto and made a part hereof.
(HABENDUMCLAUSE)
TO HAVEANDTO HOLDsaid lands and interests therein unto ADMINISTERINGAGENCYand its successors forever, subject, however, to the covenant.conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal ?nancial assistance is extended or for another purpose involving the provision of similar services or bene?ts and shall be binding on ADMINISTERINGAGENCY, its successors and assigns. '
ADMINISTERINGAGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the bene?ts of, or be otherwise subjected to discriminationwith regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERINGAGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Of?ce of the Secretary, Part 21, Non-discriminationin federally-assisted programs of the Department of Transportation - Effectualion of Title VI of the CivilRights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscriminationconditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above—describedland and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause i necessary in order to effectuate the purposes of Title VIof the CivilRights Act of 1964. s

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APPENDIXC TO EXHIBITB
The followingclauses shall be included in any and all deeds, licenses, leases, pennits, or similar instruments entered intoby ADMINISTERINGAGENCY.pursuant to the provisions of Assurance 7(a) of ExhibitB.

The grantee (licensee, lessee. permittee, etc., as appropriate) for himself, his heirs, personal representatives. successors in interest, and assigns, as a part of the consideration hereof.does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or othenrvise operated on the said property described in this (deed. license.lease, pennit, etc.) for a purpose for which a U.S.

Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or bene?ts, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in"compliance withall other requirements imposed pursuant to ‘File 49. Code of Federal Regulations, U.S. Department of Transportation, Subtitle A.Of?ce of Secretary, Part 21, Nondiscriminationin federally-assisted programs of the Department of Transportation - Effectuation of Title VIof the CivilRights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERIN AGENCY shall have the right to terminate the (license, lease, permit etc.) andGto re-enter and repossess said land and the facilitiesthereon, and hold the same as ifsaid (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscriminationcovenants.ADMINISTERIN AGENCY shall have the right to re-enter said land and facilities thereon, Gand the abovedescribed lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERINGAGENCYand its assigns.
" Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the CivilRights Act of 1964.

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Reverter clause a relaxeqlanguage to be used only when ermined eoessary in ovdér effécguate the purposes of Title VIof the ?ghtsAct

APPENDIXDTO EXHIBITB
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERINGAGENCY.pursuant to the provisions of Assurance 7 (b) of Exhibit B.

The grantee (licensee, lessee, permittee. etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof.does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color.sex, national origin, religion, age or disability,shall be excluded from participation in, denied the bene?ts of, or otherwise subjected to discriminationin the use of said facilities;
(2) thatin the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the bene?ts of, or otherwise be subjected to discrimination;and
(3) that the (grantee. licensee.lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. '
(include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscriminationcovenants, ADMINISTERIN AGENCY shall have the right to terminate the (license, lease. permit, etc.) andG to re-enter and repossess said land and the facilitiesthereon.and hold the same as ifsaid (license. lease, permit, etc.) had never been made or issued.
(include in deeds)*
That in the event of breach of any of the above nondiscriminationcovenants, ADMINISTERI AGENCY shall have the right to re-enter said land and facilities thereon.NGand the abovedescribed lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERINGAGENCY, and its assigns.
* nd it is det that such a clause is
n to‘ Civil R of 1964.

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This Program Supplement hereby adopts and incorporates the AdministerinAgency-State Agreement for Federal Aid which was entered into between the AdministeringAgency and the State on 07111117and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance withArticleI of the aiorementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
41%|
PROGRAMSUPPLEMENTNO. F010 Rev. 1 Adv Project ID Date: April14.2021 to 0818000052 Location: 08-RIV-0-HEM
ADMINISTERINGAGENCY-STATE AGREEMENT Project Number: HSIPL-5186(017) FOR FEDERAL-AIDPROJECTS NO 08-5186F15 E.A.Number:

Locode: 5186
The AdministeringAgency furtherstipulates that as a conditionto the payment by the State of any funds derivedfrom sources noted below obligated to this PROJECT, the Administering Agency accepts and willcomply with the special covenants or remarks set forth on the following pages.

PROJECT LOCAHON‘ Various signalized intersections on Cawston Avenue.Domenigonl Parkway, KirbyStreet.

Latham Avenue.Lyon Avenue.Sanderson Avenue. State Street. Mountain Avenue.and Warren Road
TYPE OF WORK: LEDluminaire safety lighting and pedestrian countdown signal heads LENGTH: o.1(MILES) Estimated Cost Fedora] Funds Matching Funds
ZS30 $55.000.00 LOCAL OTHER
ZS3E 930.900.00
$1 ,058,550.00
S
$T2.650.00 $0.00
crrv or STATE OF CALIFORNIA
Department of Transportation
By By
Title Chief.Office of Project Implementation
Division of Local Assistance
Date
Date
I hereby certify upon my personal knowledge that budeted funds are available for this encumbrance:
4 .

Accounting orncer Dale ? 5/3 " ”
s9s5.9oo.oo
Program Supplement 08-5186F15-F010-R1-ISTEA Page 1 of 7 cmMaw“
4 {u/zry
t/xv‘.

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-'I-- :-
-—Iu: -Jul
08-RIV-0-HEM
I-ISIPL-5186(017)

SPECIALCOVENANTSOR REMARKS
1 A. The ADMINISTERINGAGENCY will advertise, award and administer this project in accordance withthe current published LocalAssistance Procedures Manual.

B. ADMINISTERINGAGENCY agrees that it will only proceed with work authorized for speci?c phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorizationto Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERINGAGENCYagree that any additional funds which might be made available by future Federal obligations willbe encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter.

ADMINISTERINGAGENCY agrees that Federal funds available for reimbursement wil be limited to the amounts obligated by the Federal Highway Administration. l D. Award information shall be submitted by the ADMINISTERINGAGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERINGAGENCY'S ?rst invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the constructio phase. Attention is directed to Section 15.7 "Award Package“ of the LocalnAssistance Procedures Manual.

E. ADMINISTERINGAGENCY agrees, as a minimum.to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement. or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizationslobligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERINGAGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERINGAGENC arees to submit for each phase a written explanation of the absence of PROJECT Y activity along with target billing date and target billingamount.

ADMINISTERINGAGENCY agrees to submit the ?nal report documents that collectivel constitute a "Report of Expenditures" withinone hundred eighty (180) days of yPROJECT completion. Failure of ADMINISTERINGAGENCY to submit a "Final Report o Expenditures" within 180 days of PROJECT completion will result in STATE imposingf sanctions upon ADMINISTERINGAGENCY in accordance with the current Local Assistance Procedures Manual.

F. Administering Agency shall not discriminate on the basis of race, _religion,age, disability. color, national origin, or sex in the award and performance of any FederalProgram Supplement 08-5186F15-F010-R1-ISTEA Page 2 of 7

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08-RIV-0-HEM
HSIPL-5186(017)

SPECIAL COVENANTSOR REMARKS
assisted contract or in the administration of its DBE Program implementation Agreement.

The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limitedto timely reporting of DBE commitments and utilization.is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon noti?cation to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the ?scal year that the speci?c fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project ?nance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERINGAGENCY and approved by the California Department of Finance.

ADMINISTERINGAGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can fonrvard an invoice for payment to the Department's Local Programs Accounting Of?ce for reimbursable work for funds that are going to revert at the end of a particular ?scal year is May 15th of the particular ?scal year. Notwithstanding the unliquidated sums of project speci?c State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Of?ce at least 45 days prior to the applicable ?xed fund Reversion Date willnot be paid.

These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

2. A. ADMINISTERINGAGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as " ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code LOCALof Program Supplement 08-51BGF15-F010-R1-ISTEA Page 3 of 7

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08-RIV-0-HEM
HSIPL-5186(01 7)

SPECIAL COVENANTSOR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements. and all applicable federal laws. regulations, and policy and procedural or instructional memoranda, unless otherwise speci?cally waived as designated in the executed project-speci?c PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERINGAGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERIN AGENCY. ADMINISTERING AGENCY agrees to submit supporting G backup documentation with invoices if requested by State. Acceptable backup documentation includes.but is not limited to. agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, andlor a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP). Central Service Cost AllocationPlans and related documentation are to be prepared and provided to STATE (Ca|trans Audits & Investigations) for review and approval prior to ADMINISTERINGAGENCYseeking reimbursement of indirect costs incurred withineach ?scal year being claimed for State and federal reimbursement. lCAPsllCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200. Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE willwithholdthe greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERIN AGENCY submits the Final Report of Expenditures for each completed G PROGRAM SUPPLEMENTPROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT—related travel and subsistence (per diem) expenses of ADMlNlSTERlNG AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and ?le STATE employees under current State Department of Personnel Administration (DPA) rules. if the rates invoiced by ADMINISTERINGAGENCY are in excess of DPA rates, ADMINISTERINGAGENCYis responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERINGAGENCY on demand within thirty (30) days of such invoice.

G. ADMINISTERINGAGENCY agrees to comply with 2 CFR, Part 200, Unifor AdministrativeRequirements. Cost Principles and AuditRequirement for Federal Awards. m H. ADMINISTERINGAGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq.. shall be Program Supplement 08-5186F15-F010-R1- ISTEA Page 4 of 7

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08-RIV-0-HEM
HSIPL-518B(017)

SPECIAL COVENANTSOR REMARKS
used to determine the allowability of individualPROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENTshall comply with 2 CFR, Part 200.23 CFR, 48 CFR Chapter 1, Part 31, LocalAssistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&Eservices), and other applicable STATE and FEDERALregulations.

J. Any PROJECT costs for which ADMINISTERINGAGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200. 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERA regulations, are subject to repayment by ADMINISTERINGAGENCYto STATE.L K. STATE reserves the right to conduct technical and ?nancial audits of PROJECT WORK and records and ADMINISTERINGAGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY. ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including. but not limited to, the costs of administering those various contracts and ADMINISTERINGAGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the ?nal expenditure report by the STATE to the FHWA.

L. ADMINISTERINGAGENCY, its contractors and subcontractors shall establish and maintain a ?nancial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The ?nancial management system of ADMINISTERINGAGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interimpoints of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERINGAGENCY is required to have an audit in accordance with the Single AuditAct of 2 CFR 200 if it expands $750,000 or more in Federal Funds in a single ?scal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERINGAGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERINGAGENCY'S annual audit and in the schedule of projects to be Program Supplement 08-5188F15-F010-R1-ISTEA Page 5 of 7

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03-RN-0-HEM
HSIPL-5186(017)

SPECIAL COVENANTSOR REMARKS
examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERINGAGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (cl), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT withoutthe prior written approval of STATE. Contracts awarded by ADMINISTERINGAGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMEN regarding local match funds. T
P. Any subcontract entered into by ADMINISTERINGAGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, l, K, and L under Section 2 of this agreement.

3. Appendix E of the Title VIAssurances (US DOT Order1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERINGAGENCY'S contractors and subcontractor, (hereinafter referred to as the contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limitedto:

Pertinent NondiscriminationAuthorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discriminationon the basis of race, color, national origin); and 49 CFR Part 21.

B. The UniformRelocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the RehabilitationAct of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discriminationon the basis of disability): and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discriminationon the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, orsex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and IIIof the Americans with DisabilitiesAct, which prohibit discriminationon the basis of disability in the operation of public entities, public and private transportation Program Supplement 08-5186F15-F010-R1- ISTEA Page 6 of 7

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HSIPL-5186(017)

SPECIALCOVENANTSOR REMARKS
systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38:

I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discriminationon the basis of race.color, national origin, and sex); J. Executive Order 12898.Federal Actions to Address Environmental Justice in Minorit Populations and Low-Income Populations. which ensures nondiscrimination yagainst minority populations by discouraging programs. policies, and activities wit disproportionately high and adverse human health or environmental effects on minority h and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons withLimited English Proficiency, and resulting agency guidance. national origin discrimination includes discrimination because of limited English pro?ciency (LEP). To ensure compliance wit Title VI.you must take reasonable steps to ensure that LEP persons have meaningful h access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IXof the Education Amendments of 1972, as amended, which prohibits you fro discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). m Program Supplement 0B-5186F15-F010-R1-ISTEA Page 7 of 7

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accordan with AI-tlclelof
apprvved theAdm|nIstsrI
Esummd Cost r3g;.-.i'Funa.—'
$55,000.00
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PROGRAMSUPPLEMENTNO. F010
to

ADMINISTERINGAGENCY-STATE AGREEMENT
FOR FEDERAL-AIDPROJECTS NO 08-5186F15
This Program Supplement hereby adopts and Incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/17 and Is subject to all the terms and conditions thereof. This Program Supplement is ex uted in ce the aforementioned Master Agreement under authority of Resolution No. by ng Agency on Apt’.ID,we (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and willcomply with the special covenants or remarks set forth on the following pages.

PROJECT LOCATION:

Various signalized intersections on Cawston Avenue.Domenigoni Parkway. KirbyStreet.Latham Avenue.Lyon Avenue, Sanderson Avenue.State Street, Mountain Avenue, and Warren Road TYPE OF WORK: LED luminairesafety lightingand pedestrian countdown signal heads LENGTH: 0.1(MlLES) Matchl Funds
ZS30 $55,000.00 LOCAL OTHER
$0. $0.00

CITY OF HEMET STATE OF CALIFORNIA
nsportatlon
e 0.

By By WW Tltle Implementation
Division of Local Assistance
Date
Attest Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Of?cer $55.000.00
Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 0B-5186F15-F010- ISTEA Page 1 of 6
Adv Project ID Date: December 12.2017
0818000052 Location: 08 RIV-0-HEM
Project Number: HSIPL-5186(017)
E.A.Number:

Locode:

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10 STATE coNrRoLLER's OFFICE DATE vnsrmso: pamecr NUMBER‘ Sacramento. RG8 80000031

CHAPTER AMOUNT
$55,
$55,000.00
For um» um59 sory disab document )5 avauam allema
Racovu; msM nagmem $Ireal.MS»88.Sacrs (o.CA
STATE OF CALIFORNIA.DEPARTMENTOF TRANSPORTATION

PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF (REV o1/2010)
Clalms Audits 12/13/2011
3301 "c" Street, Rm 404 REQUISITIONNUMBERI CONTRACTNUMBER:

CA 95816 - 2660 - 081 3
Department of Transportation
SUBJECT:

Encumbrance Document
VENDOR! LOCALAGENCY:

CITYOF HEMET
$55,000.00
PROCUREMENTTYPE:

Local Assistance

STATUTES ITEM YEAR PEG I PECT TASK I SUBTASK
14 2017 2660-102-0890 2017/2018 2030010550 2620/0420
0818000052
000.00
FROM:
. iduals w n ilities.this e in te formats For information.can(915) 654-6410 of TDD (916) -3680 or write ADA N°t'°° and For a , 1120 N, men 95814 Page _1__ of _ _

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08-RIV-0-HEM 12/12/2017
HSIPL-5186(017)

SPECIAL COVENANTSOR REMARKS
1 A. The ADMINISTERINGAGENCY willadvertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERINGAGENCY agrees that it willonly proceed with work authorized for speci?c phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

ADMINISTERINGAGENCY agrees that Federal funds available for reimbursement wil be limited to the amounts obligated by the Federal Highway Administration. l D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERINGAGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERINGAGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERINGAGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERINGAGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billingdate and target billing amount.

ADMINISTERINGAGENCY agrees to submit the ?nal report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any FederalProram Supplement 08-5186F15-F010- ISTEA Page 2 of 6

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08-RIV-0-HEM 12I12I2017
HSIPL-5186(017)

SPECIAL COVENANTSOR REMARKS
assisted contract or in the administration of its DBE Program Implementation Agreement.

The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal—assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization,is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon noti?cation to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

ADMINISTERINGAGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Of?ce for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular ?scal year. Notwithstanding the unliquidated sums of project speci?c State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date willnot be paid.

These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certi?es that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
2 A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Program Supplement 08-5186F15-F010- ISTEA Page 3 of 6

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HSIPL-5186(017)

SPECIAL COVENANTSOR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations. and policy and procedural or instructional memoranda, unless otherwise speci?cally waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. invoices shall be submitted on ADMINISTERINGAGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCALASSISTANCE PROCEDURES.

C. ADMINISTERINGAGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERIN AGENCY. ADMINISTERING AGENCY agrees to submit supporting G backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERINGAGENCY seeking reimbursement of indirect costs incurred within each ?scal year being claimed for State and federal reimbursement. lCAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE willwithhold the greater of either two (2) percent of the total of allfederal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERIN AGENCY submits the Final Report of Expenditures for each completed G PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT—re|ated travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and ?le STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERINGAGENCY are in excess of DPA rates, ADMINISTERINGAGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERINGAGENCY on demand within thirty (30) days of such invoice.

G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 08-5186F15-F010- ISTEA Page 4 of 6

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08-RIV-0-HEM 12/12/2017
HSIPL-5186(017)

SPECIAL COVENANTSOR REMARKS
assisted contract or in the administration of its DBE Program Implementation Agreement.

The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement. including but not limited to timely reporting of DBE commitments and utilization.is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project ?nance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an"executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERINGAGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Of?ce and the Department of Finance; in order for payment to be made. the last date the District Local Assistance Engineer can fonivard an invoice for payment to the Department's Local Programs Accounting Of?ce for reimbursable work for funds that are going to revert at the end of a particular ?scal year is May 15th of the particular ?scal year. Notwithstanding the unliquidated sums of project speci?c State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Of?ce at least 45 days prior to the applicable ?xed fund Reversion Date willnot be paid.

These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certi?es that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at wvvw.sam.gov.
2 A. ADMINISTERING AGENCY shall conform to all State statutes. regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as " ASSISTANCE PROCEDURES") relating to the federal-aid program. all Title 23 Code LOCALof Program Supplement 08-5186F15-F010- ISTEA 3 of 6

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Hemet City CouncilAugust 9, 2022

Hemet City Council
August 9, 2022