Hemet City Council
December 13, 2022

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2 1.5 General Warranty . Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Wo rk which has not been removed and any non -conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacture rs with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate a greement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6 Repair of Defects . Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or war ranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non -conformance of t he Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective con dition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative . Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non -disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Tota l compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without

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3 the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the per cent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work perform ed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor .

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services und er this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.

Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Con tractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall o btain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights.

3.2 Standard of Care and Licenses . Contractor agrees that all Servi ces shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees a nd subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services , including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

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4 3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all loc al, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Crafts . To the extent applicable, Contractor shall comply with the provisions of Section 1777 .5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work . Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records . In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Con tractor shall make all such records available for inspection at all reasonable hours.

3.6.4 Prevailing Wage Laws . Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are bei ng performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Co ntractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7 Equal Opportunity Employment . Contractor represents that it is an equal opport unity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non -discrimination shall

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5 include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provision s of the Federal Immigration and Nationality Act, 8 U.S.C. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence, active negligenc e, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, lia bility, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, o n the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or fro m the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any per son or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For pu rposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non -binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses . For purposes of th is Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, c ourt costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both

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6 lay and expert), travel expenses, deposition and transcript c osts, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances . For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S .C. §9601, et seq .; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U .S.C. §1251, et seq .; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq .; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f , et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq .; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Heal th Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S .C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazar dous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

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7 5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notice s in this Agreement.

5.2 Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of pr oviding the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreeme nt, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable in surance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

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8 SECTION 7. BONDS

7.1 Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by ref erence, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not -to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions . Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such in crease to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications o f the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior n otice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective dat e of such termination. Upon termination, Contractor shall be compensated only for those non -disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

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9 8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice s pecifying City’s alleged default and providing City with a forty -five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may term inate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage . Contractor sha ll be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Liquidated Damages . The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this A greement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to asc ertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non -performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, repr esent a reasonable estimate of the monetary damages that reasonably could be anticipated and that proof of actual damages would be costly or impractical. The Parties sp ecifically confirm the accuracy of the statements made above and t he fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment o f $500 per failure to perform, per day. City may, at its election deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.

9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor. 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, fires, floods, epidemics, strikes, embargoes, and unusually severe

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10 weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

9.5 Cooperation; Further Acts. The Parties shall fully coo perate 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 the Agreement.

9.6 Governing Law. 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 in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a U.S. District Court, venue shall lie exclusiv ely in the Eastern Division of the Central District of California, located in Riverside, California.

9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, is the entire, complete, final 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 Contractor and City prior to the execution of this Agreement. No statements, representations or other agreemen ts, whether oral or written, made by any party which are not embodied herein shall be valid and binding.

9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, vo id or unenforceable, the remaining 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).

9.9 Prohibited Interests. Contractor represents and warrants t hat it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10 Amendments. No amendment to or modifica tion of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not ex ceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

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

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11 9.12 Delivery Of Notices. All notices required or permitted to be given under this Agreement sh all be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

9.14 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 or 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 provi sion of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s Fees, Costs and Expenses . In the event litigation or other proceeding is required to enforce o r 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 and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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

9.19 Administration and 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 9.10 [Amendment] and the City Manager’s contracting authority under the Hemet Municipal Code.

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12 IN WITNESS WHEREOF , the Parties hereto have caused this Agreement to be executed the day and year first above written.

AGENCY:

City of Hemet
By:

Eddie Pust, Interim City Manager
CONTRACTOR:

Fleming Environmental Inc.

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk

Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney

State Contractor License No. & Class

DIR Registration No. & Exp

Street Address

City, State, Zip Code
NOTE: SERVICE PROVIDER’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 SERVICE PROVIDER’S BUSINESS ENTITY.

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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.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )
COUNTY OF _______________ )
On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub scribed 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) a cted, 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 of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
 Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )
COUNTY OF _______________ )
On ____________________, 20__, before me,
,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 tha t 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 t rue and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
 Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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EXHIBIT “A”

SCOPE OF SERVICES

A. Secondary containment repairs and retest will be required for all outlined work described in this IFIB. The scope of work includes the following specifications:

1. Obtain repair permit for proposed Secondary containment repairs from Riverside County Department of Environmental Health (RCDEH), including application, site plan, repair fitting submittal, permit fee and other required documentation.

2. Make all required notifications to RCDEH.

3. Delineate work area with safety cones and caution tape.

4. Remove and install new product line penetrations, electrical penetrations and test boots as needed at the following locations -- Hydraulic Sump, 5W30 Sump, 15W40 Sump, ATF Sump, 87 Fill/turbine Sumps, UDC1 \2, UDC 3 \4, Diesel Turbine Sump, Diesel UDC.

5. Perform post repair secondary containment testing on repaired UST system components.

6. Properly transport and dispose non-hazardous test water.

7. Submit all test reports to RCDEH as required.

B. Safety Requirements:

1. If the Contractor becomes neglige nt in furnishing warning and protective measures, the Public Works Director or his designee may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed immediately by the Contractor at his expense.

2. Should the Public Works Director point out the inadequacy of warning and protective measures; such action on part of the Public Works Director shall not relieve the Contractor from his responsibility to provide all of the necessary safety devices.

3. Public Safety and Cooperation - All secondary containment work shall be conducted in a manner as to cause the least possible interference or annoyance to others.

4. All fire hydrants, meter vaults, water and gas shut off valves and similar faciliti es must remain accessible during the course of work. Clear passage and least amount of inconvenience to public traffic ways, business and residences shall be maintained;

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5. Noise levels, resulting from secondary containment work operations, must be kept to the minimum at all times and must comply with any noise ordinance of the City of Hemet;

6. Operation of work equipment should take place between normal City business hours 7:00 a. m. and 5:00 p.m., Monday through Friday. No work is to be conducted on weekends or City recognized holidays unless prior written approval has been granted by the Public Works Director.

C. Damage to Public or Private Property:

1. No work shall be performed by the Contractor on private property without the express written approval of the property owner.

2. Should any structure or property be damaged during permitted or contracted repair operations the Contractor’s on duty supervisor conducting the work shall immediately contact the Public Works Director and the proper owners.

3. Repairs to property damaged by the Contractor shall be made in accordance with the appropriate building code under permits issued by the City.

4. Any damage caused by the Contractor shall be repaired or restored by the Contractor at their expense to a condition similar in a manner acceptable to the City.

D. Site Cleanup:

1. Cleanup of any debris resulting from any repair operations shall be promptly and properly accomplished.

2. The work area shall be kept safe at all times until all operations are completed.

Under no circumst ances shall the accumulation of debris be allowed in such manner as to result as a hazard to the public.

3. All debris from repair operations shall be cleaned up each day before the work crews leave the work site.

4. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of repair operations.

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE

1. Upon award of Agreement, Contractor shall start work within ten (10) business days after a purchase order has been issued by the City.

2. Contractor shall have thirty ( 30) calendar days to complete work, once work has commenced.

3. Liquidated Damages will be assessed at $500 per calendar day after the required completion date.

4. The Public Works Facility Maintenance Supervisor, Kurt Mikolaycik, will be the City’s project manager (“Project Manager”) for this work. Upon award of the Agreement, Contractor will provide the project manager with the work schedule (in writing) a minimum of three days prior to commencement of work.

5. The Project Manager is to be notified daily, at (951)765 -3712 or (951)757-8317, where the Contractor will be working.

6. The Project Manager will be notified immediately when the Contractor is unable to perform the work and whenever any non -personnel or property rela ted accident occurs while performing the specified contract work.

7. If additional work is required by the City, an estimate of cost shall be submitted by the Contractor to the Project Manager, prior to work being undertaken.

Additional work may not commence until a change order has been issued to the Contractor by the City’s purchasing division.

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EXHIBIT “C”

COMPENSATION

I. The total compensation for the Services shall not exceed Seventy- Six Thousand Two Hundred and Fifty-Four Dollars ($76,254.00).

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EXHIBIT “D”

REPRESENTATIVES

CITY’S REPRESENTATIVE
City of Hemet
Public Works
Attn: Kurt Mikolaycik
3777 Industrial Ave.

Hemet, California 92545
(951) 765-3820

CONTRACTOR’S REPRESENTATIVE
Fleming Environmental Inc.

Attn: Terry Fleming, Jr
PO Box 6130
Fullerton, CA 92834-6130
(714) 871-2800

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EXHIBIT “E”

BONDS REQUIRED

PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Fleming Environmental Inc. as (Principal), dated the 8th day of November, 2022 (the Contract), titled the City of Hemet Secondary Containment Repair and Retest in the amount of $ 76,254.00, which Contract is by this reference made a part hereof, for the work of the following Contract:

Hemet Public Library Exterior Painting

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($76,254.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in Calif ornia Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of Californ ia Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an a mount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, a s to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06 Surety, for value received, hereby expressly agrees that no extension of time, c hange, modification, alteration, or addition to the undertakings, covenants, terms, conditions,

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and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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CONSTRUCTION PERFORMANCE BOND

THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated November 8, 2022 is in the amount of $76,254.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Fleming Environmental Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Fleming Environmental Inc.

Address Principal Place of Business

City/State/Zip City/State/Zip

CONSTRUCTION CONTRACT: Secondary Containment Repair and Retest, dated November 8th, 2022, in the amount of $76,254.00.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to O wner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms o f the Construction Contract; and

3.2 Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entiti es; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction en tities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the con tractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations

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defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and wi th reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and com pletion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender un der this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damage s, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above , within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2 Contractor’s obligations to pay liquidated damages; and

6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receip t of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer dam ages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the

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Construction Contract, Surety shall also be liable for such damages. In the event a ny Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amo unt or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above , within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, pu rchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on ch anges to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in an y court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in wh ich the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1 -7.1.10 of the Sp ecial Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory req uirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

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14. Definitions

14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Constr uction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2 Construction Contract: The agr eement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).

14.4 Owner Default: Material failure of Owner, which has neither been r emedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

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EXHIBIT “F”

INSURANCE REQUIREMENTS

A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Contractor shall maintain the following types and limits of insurance.

2. Minimum Limits of Insurance.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. [Optional depending on limits required].

As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

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• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this

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agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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IV .BIDSHEETFORSecondaryContainmentRepairsandRetest
DATE:l0—
5-Z7,
TOTHECITYOFHEMET,CALlFORN|A:

BIDDER(FirmName)
FlemingEnvironmentalInc
Theundersignedherebyproposesandagreestofurnishanyandallmaterials,equipment,tools,labor,andservicesforSecondaryContainmentRepairandRetestasspecifiedinSectionllScopeofServices,andtoperformallworkinthemannerandtimeprescribedtherein.

Theundersignedbiddercertifiesthatthisproposalismadeingoodfaith,withoutcollusionorconnectionwithanyotherpersonorpersonsbiddingonthework.

FlemingEnvironmentalInc 746017AHAZB
NameofCompanyasLicensedContractorLicenseNo.andClass
10000063196/30/2025DIRRegistrationNo.&Expiration
LUMPSUMBASEBlD(inwordsandinfigures)asZ52544.00(aslistedonSecondarycontainmentrepairsandretest) (infigures) 50/mtr\S_lxTLiu./y\...QTl/doPlvnxrt?l:lm'—\g)l/Kdollars&DO/100" (inwords) \‘ Theaboveamountisthetotalamountbidfortheentirecontractworkincludingallapplicabletaxesandhourlyprevailingwagerates.Anyalteration,erasure,orchangemustbeclearlyindicatedandinitialedbythebidder.Thebidderagreesfigures,theCITYwillusetheandallbidsandtowaiveanyirregularities.Addendum(a)No(s).1'L"5tr‘:3has/havebeenreceivedandis/areincludedinthisproposal.'

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Theundersignedbidderdeclaresthathehascarefullyexaminedthespeci?cationsandreadthetermsandconditions,andherebyproposesandagrees,ifthisbidisaccepted,tofurnishallmaterialinaccordancewiththespeci?cationsandinstructions,inthetimeandmannerthereinprescribedfortheunitcostamountssetforthonthisBidSheet.THECONTRACTORINSUBMITTINGTHISBIDMUSTFILLINTHEFOLLOWINGINFORMATION.FAILURETODOSOMAYVOIDYOURBID.

CompanyName: Address:FlemingEnvironmentalinc P_OBox5130Fullerton.CA92834-6130 Telephone#2
(714)871-2800E—mailaddress: BusinessLicenseNumber:
tfleming@f|emingenvironmenta|.comAuthorizedRepresentative:(print) TerryL.Fleming,Jr.DIRReg.No.&ContractorLicenseNo. “‘—.,Title:"TT 1000006319746017 President

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V .REFERENCESUBMITTALFORM
Firm#1— NameofFirm:Ciiy0fL0SAngeies
AddressofFirm;555Ramirez,SP312,LosAngeles,CA90012
ContactPerson:598“Siiiiivan PhoneNo.(213)9786781
EmaiiAddress;sean.su||[email protected]$2,000,000.00 DateofProject:From2010 ToOngoing
BriefDescriptionofProject;FuelTankinspection,Training,Testing&RepairServices.

Firm#2— NameofFirm:CiiyofSantaMonica
AddressofFirm;12125thStree1,3rdFloor,SantaMonica,CA90401 ContactPerson:DavidTU PhoneNo.(310)458-8235
EmailAddress:David-Tu@SMGOV-neiAmountofProj.$42500-00
DateofProject:From2010 ToOngoing
BriefDescriptionofProject;FuelTankInspection,Training.Testing&RepairSen/ices.

Firm#3— NameofFirm:CityofGardenGrove
AddressofFirm;13802NewhopeSt.GardenGrove,CA92840
ContactPerson:SieveSuiidiiiii PhoneNo.(714)7415390
EmailAddress:Sievesu@99ciiy-orgAmountofPro}.$36,100-00
BriefDescriptionofProject;FuelTankInspection,Training,Testing&RepairServices,

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VI.LOCALVENDORPREFERENCE

CITYOFHEMET

LOCALBUSINESSPREFERENCEANDCERTIFICATIONREQUEST
(Biddersrequestinga5%LocalBusinessPreferencemustenclosethisformintheBidPackage) NOTICETOALLBIDDERS:Section2-340oftheCityofHemetMunicipalCoderequiresthataLocalPreferencebegiventobidderswhoqualifyasalocalbusiness.A.Section2-340requiresqualifiedlocalvendorstobegivenpreferenceinbidevaluationandawardifaqualifiedlocalvendordoesnotmakethelowestpricedsubmission.AnyqualifiedlocalvendorthatmakesaresponsivesubmissionshallhavetheirsubmissionpricereducedbyfivepercentforthepurposesofcomparisontotheothersubmissionsreceivedbytheCityinmakingthedeterminationsrequiredbySection2-334through2-336.Ifwiththisfivepercentreductionaqualifyinglocalvendorwouldbeawardedthecontract,thequalifyinglocalvendorshallbegiventheopportunitytoamendtheirsubmissiontopricematchthetruelowestpricedsubmission.Ifthequalifyinglocalvendoragreestopricematchthenthecontractshallbeawardedtothelocalqualifyingbidder.

B.Forpurposesofthissection,a“qualifiedlocalvendor"shallbedefinedas:

1.Anindividual,partnershiporcorporationwhichhasfixedfacilitieswithemployeeslocatedwithinthecorporatelimitsoftheCity;andwhichisshownbytherecordsmaintainedbytheCity’sfinancedepartmentashavingsecuredallnecessarybusinesslicensesandashavingpaidallapplicablefeesandtaxesimposedbytheCity;2.Ithasabusinessstreetaddress(P.O.Boxorresidentialaddressshallnotsufficetoestablishalocalpreference);3.AllsalestaxforthepurchaseofgoodsmustbereportedtotheStatethroughabusinesswithinthegeographicboundariesoftheCityofHemet.

C.Forpurposesofthissection,“preference"shallmeanthereductionfactorappliedtothebidofalocalvendorthatwillallowthelocalvendortoamendtheirsubmissionandpricematchthetruelowestpricedsubmission.

IMPORTANTNOTICE(Readbeforesigning)THEUNDERSIGNEDHEREBYREQUESTSPREFERENCEASA“LOCALBUSINESS”.THE“LOCALBUSINESSPREFERENCEANDCERTIFICATIONREQUEST"MUSTBESIGNEDINTHESAMENAMESTYLEINWHICHTHEBIDDERISLICENSEDBYTHECITYOFHEMET.AddressofBidderBidderCityofHemetBusinessLicenseNo.SignatureofAuthorizedBidder

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BIDBOND
KNOWALLMENBYTHESEPRESENTS:

Thatwe,FlemingEnvironmental,Inc.asPrincipal,(hereinaftercalledthe"Principal"),andFideiiWandDepositC°mP3“Y0fM31'Yl3“d,acorporationdulyorganizedunderthelawsoftheStateofIllinois ,asSurety,(hereinaftercalledthe"Surety"),areheldand?rmlybounduntoCityofHemet asObligee,(hereinaftercalledthe"Obligee"),inthesumofT611PercentOfAmountBidDollars($10%0fAm0'111tBid ),forthepaymentofwhichsumwellandtrulytobemade,thesaidPrincipalandthesaidSurety,bindourselves,ourheirs,executors,administrators,successorsandassigns,jointlyandseverally,firmlybythesepresents.

WHEREAS,thePrincipalhassubmittedabidforSecondarycontainmentrepairsandretest NOW,THEREFORE,iftheObligeeshallacceptthebidofthePrincipalandthePrincipalshallenterintoacontractwiththeObligeeinaccordancewiththetermsofsuchbidandgivesuchbondorbondsasmaybespeci?edinthebiddingorcontractdocumentswithgoodandsufficientsuretyforthefaithfulperfonnanceofsuchcontractandforthepromptpaymentoflaborandmaterialfurnishedintheprosecutionthereof,orintheeventofthefailureofthePrincipaltoenterintosuchcontractandgivesuchbondorbonds,ifthePrincipalshallpaytotheObligeethedifferencenottoexceedthepenaltyhereofbetweentheamountspecifiedinsaidbidandsuchlargeramountforwhichtheObligeemayingoodfaithcontractwithanotherpartytoperformtheworkcoveredbysaidbid,thenthisobligationshallbenullandvoid,otherwisetoremaininfullforceandeffect, Signedandsealedthis27th dayOfS°Pteml351'A_D_,2022
Fleming
'
onmental,Inc.C
7 , . Priric1'pa/
\) Wirrress (SEAL)TerrylWI.'.TFIériii)ng,J12,President:

MarisellaRivera l’Vif)1ESS EvettLam (SEAL),Aft0rmz)I-ii1—F/1c!PrintedincooperationwiththeAmericanInstituteofArcliitects(AIA)byFidelityandDepositCompanyOfMarylandFidelityandDepositCompanyofMarylandvouchesthatthelanguageinthedocumentconformsexactlytothelanguageusedinAIADocumentA~3l0,February1970Edition.BlD70000ZZ07Ulf

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EXTRACTFROMBY-LAWSOFTHECOMPANIES
"ArticleV ,Section8,Attomeys-in-Fact.TheChiefExecutiveOf?cer,thePresident,oranyExecutiveVicePresidentorVicePresidentmay,bywritteninstrumentundertheattestedcorporateseal,appointattomeys-in-factwithauthoritytoexecutebonds,policies,recognizances,stipulations,undertakings,orotherlikeinstrumentsonbehalfoftheCompany,andmayauthorizeanyof?ceroranysuchattorney-in-facttoaffixthecorporatesealthereto;andmaywithorwithoutcausemodifyofrevokeanysuchappointmentorauthorityatanytime." CERTIFICATE I,theundersigned,VicePresidentoftheZURICHAMERICANINSURANCECOMPANY ,theCOLONIALAMERICANCASUALTYANDSURETYCOMPANY ,andtheFIDELITYANDDEPOSITCOMPANYOFMARYLAND,doherebycertifythattheforegoingPowerofAttomeyisstillinfullforceandeffectonthedateofthiscerti?cate;andIdofurthercertifythatArticleV ,Section8,oftheBy-LawsoftheCompaniesisstillinforce.

ThisPowerofAttorneyandCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsoftheZURICHAMERICANINSURANCECOMPANYatameetingdulycalledandheldonthe15thdayofDecember1998.

RESOLVED:"ThatthesignatureofthePresidentoraVicePresidentandtheattestingsignatureofaSecretaryoranAssistantSecretaryandtheSealoftheCompanymaybeaffixedbyfacsimileonanyPowerofAttomey...AnysuchPoweroranycerti?catethereofbearingsuchfacsimilesignatureandsealshallbevalidandbindingontheCompany." ThisPowerofAttorneyandCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsoftheCOLONIALAMERICANCASUALTYANDSURETYCOMPANYatameetingdulycalledandheldonthe5thdayofMay,1994,andthefollowingresolutionoftheBoardofDirectorsoftheFIDELITYANDDEPOSITCOMPANYOFMARYLANDatameetingdulycalledandheldonthe10thdayofMay,1990.

RESOLVED:"ThatthefacsimileormechanicallyreproducedsealofthecompanyandfacsimileormechanicallyreproducedsignatureofanyVice-President,Secretary,orAssistantSecretaryoftheCompany,whethermadeheretoforeorherea?er,whereverappearinguponacerti?edcopyofanypowerofattorneyissuedbytheCompany,shallbevalidandbindingupontheCompanywiththesameforceandeffectasthoughmanuallyaffixed.

INTESTIMONYWHEREOF,lhavehereuntosubscribedmynameandaffixedthecorporatesealsofthesaidCompanies,this27thdayofSeptember,2022. ‘
7719/pa)/Wfxuiz/K
By:MaryJeanPethickVicePresident
TOREPORTACLAIMWITHREGARDTOASURETYBOND,PLEASESUBMITACOMPLETEDESCRIPTIONOFTHECLAIMINCLUDINGTHEPRINCIPALONTHEBOND,THEBONDNUMBER,ANDYOURCONTACTINFORMATIONTO:1299ZurichWaySchaumburg,IL60196-1056Ph:800-626-4577Ifyourjurisdictionallowsforelectronicreportingofsuretyclaims,pleasesubmitto:reportsfcIaims@zurichnalcon1Authenticityofthisbondcanbecon?rmedatbondvalidatar.zurichna.c0mor410-559-8790

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CALIFORNIAALL-PURPOSEACKNOWLEDGEMENTCivilCode§1189
Anotarypublicorotherof?cercompletingthiscerti?cateveri?esonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracyorvalidityofthatdocument.

StateofCalifornia}Countyof Orange
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CALIFORNIAALL-URPOSEACKNOWLEDGMENTCIVILCODE§1189
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PlaceNotarySealAboveOPTIONALThoughthissectionisoptional,completingthisinformationcaeteralterationofthedocumentorfraudulentreattachmentofthisformto nlntendeddocument.DescriptionofAttachedDocumentTitleorTypeofDocument:NumberofPages: Signer(s)OtheCapacitylies)ClaimedbySigner(s) DocumentDate:hanNamedAbove:

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IV. BID SHEET FOR Secondary Containment Repairs and Retest DATE: _______________________
TO T
HE CITY OF HEMET, CALIFORNIA:

BIDDE
R (Firm Name)
________________
__________________________________________
The under
signed hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Secondary Containment Repair and Retest as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

The under
signed bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. _________
__________________________________________________
Name of Company as Licensed Contractor License No. and Class _________
_________________________
DIR Registration No. & Expiration
LUM
P SUM BASE BID (in words and in figures) $ __________________________ (as listed on Secondary containment repairs and retest) (in figures) ___________________________________________ dollars & _________/100 (in w ords)
The a
bove amount is the total amount bid for the entire contract work including all applicable taxes and hourly prevailing wage rates. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that if there are any discrepancies or questions in the figures, the CITY will use the lower figure despite the bidder’s intent. The City reserves the right to reject any and all bids and to waive any irregularities.

Addendum
(a) No(s). _______________ has/have been received and is/are included in this proposal.

October 13, 2022
Western Pump, Inc.

Western Pump, Inc. 673853, Class A, B, C10, C-61 / D40 1000006997 Expiration 6/30/2023
None
83,558.00
Eighty Three Thousand Five Hundred Fifty Eight NO

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The unders
igned bidder declares that he has carefully examined the specifications and read the terms and conditions, and hereby proposes and agrees, if this bid is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth on this Bid Sheet.

THE CONTRACTOR IN SUBMITTING THIS BID MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY VOID YOUR BID.

Company Name: Address:

Telephone #:

E-mail address: Business License Number:

Authorized Representative: (print) Signature:

DIR Reg. No. & Contractor License No. Title:

Western Pump, Inc. 3235 F Street

San Diego, CA 92102
(888) 239-9988
[email protected] 673853 Ryan Rethmeier X
DIR No. 1000006997, Lic No. 673853 President

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V. REFERENCE SUBMITTAL FORM
Fir
m #1 – Name of Firm: _________________________________________________ Addr
ess of Firm: ________________________________________________________ Cont
act Person: ________________________ Phone No. _______________________ Em
ail Address: ________________________ Amount of Project. _______________________ Dat
e of Project: From _____________ To ____________________ Br
ief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Fir
m #2 – Name of Firm: _________________________________________________ Addr
ess of Firm: ________________________________________________________ Cont
act Person: ________________________ Phone No. _______________________ Em
ail Address: ________________________ Amount of Proj. _______________________ Dat
e of Project: From _____________ To ____________________ Br
ief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Fir
m #3 – Name of Firm: _________________________________________________ Addr
ess of Firm: ________________________________________________________ Cont
act Person: ________________________ Phone No. _______________________ Em
ail Address: ________________________ Amount of Proj. _______________________ Dat
e of Project: From _____________ To ____________________ Brie
f Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Hemet Unified School District
1791 W. Acacia Ave., Hemet, CA 92545
Michael Kifer (951) 765-5100 ext 5845 [email protected] $15,696.55 3/1/2022 3/8/2022
Secondary Containment Repairs on Vent Transition Sump
Love's Truck Stops
Various Locations
Joshua Couch (405) 761-6419 [email protected] $50,000 - $2,000,000.00 4/2020 4/2022
Underground Tank Installations, piping, sump install,
penetration, electrical, mechanical, UST Testing, Repairs Flyers Energy #4402
9269 E. Santa Fe Ave., Hesperia, CA 92345
Sidney Provoast (775) 527-3583 [email protected] $433,339.00 10/2021 12/2021
Excavate, remove old sumps, install new sumps, piping,
penetrations, sump and pipe testing, miscellaneous repairs.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 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 Watearth a Professional Service Agreement to Perform a Water Distribution System Analysis (CIP 5719) as Approved in Final Form by the City Attorney for an Amount Not to Exceed $199 ,302.50 and Authorize the Finance Director to Establish a Supplemental Appropriation of $64,232.75, Including a 10% Contingency, and Authorize the City Manager to Execute all Documents Regarding This 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 Watearth a Professional Service Agreement to Perform a Water Distribution System Analysis (CIP 5719) as Approved in Final Form by the City Attorney for an Amount Not to Exceed $199,302.50 and Authorize the Finance Director to Establish a Supplemental Appropriation of $64,232.75, Including a 10% Contingency, and Authorize the City Manager to Execute all Documents Regarding this Agreement.

BACKGROUND:

The City of Hemet owns and operates a water production and distribution system that provides potable drinking water to customers throughout its 5.25 square -mile service area. The City of Hemet has over 9,000 water customer accounts and serves a population of over 33,800. The City supplies over 3,800 acre/feet (AF) of potable drinking water yearly to City water customers, with the majority of this water being pumped directly from the Hemet/San Jacinto Groundwater Basin through city-owned wells. The City’s current peak day production is 5.24 million gallons.

The City maintains a distribution system of 132.3 miles of 2-inch to 24-inch pipes of primarily asbestos- concrete piping. In addition, the City uses 4,265 valves ranging in size from 2-inch to 24-inch to control and isolate the various sections of the system in order to perform maintenance and repairs.

In 1990, the City of Hemet retained the services of Metcalf and Eddy to prepare a hydraulic analysis / Water Distribution System Analysis f or the City's current water distribution system. That analysis was

21.V

conducted using M&E/s Water Distribution System (WADSY) software program. The Water Distribution System Analysis served as the basis for the 2015 Water System Master Plan.

In 2021, staff completed the 2018 Water and Sewer Master Plan Update; this Update was submitted and approved by the City Council on April 13, 2021. In addition, the Urban Water Management Plans for the City were completed in 2015 and 2021, and subsequently approved by the City Council.

City staff has long recognized that the existing 1990 Water Distribution System Analysis is significantly out-of-date and does not reflect the current water demands, growth patterns and fire system needs within the City.

ANALYSIS:

Proposals to perform a comprehensive water distribution system analysis were solicited with a posting on planet bids on September 26th, 2022 where 310 vendors were notified. Proposals were opened on November 3rd, 2022 where one Proposal was received. City staff reviewed the Proposal by Watearth and determined that all aspects of the RFP were satisfied and the proposal demonstrated all the necessary experience and skills to complete the project.

On November 18, 2022, a virtual meeting was h eld with Watearth to clarify some data requirements and expectations for the project.

DISCUSSION:

While the boundaries of Hemet's Water service area have remained the same, changes in land use, increased construction of commercial businesses along th e major street corridors, and an aging residential distribution system require a new Water Distribution System Analysis which will guide and inform the City's Water System Capital Improvement Projects into the future.

STRATEGIC PLAN INTEGRATION:

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 2: Evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

The Water Distribution System Analysis, CIP 5719, is funded by the City's Water Utility Fund 571 and was appropriated $155,000 with the adoption of the FY 2020/21 CIP on March 23, 2021. This appropriation is not sufficient for the award of this recommende d agreement and requires the establishment of a supplemental appropriation in the amount of $64,232.75, including a 10% contingency, from the City's unencumbered Public Water Utility Fund.

ALTERNATIVE(S):

1. Do not award the Professional Services Agreement to Watearth

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2. Provide alternative direction to staff

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Resolution awarding Watearth CIP 5719 (1)
Attachment 2 - WATEARTH PROPOSAL FOR WATER SYSTEM DISTRIBUTION ANALYSIS Attachment 3 - Project Fee Schedule Cost File

21.V

CITY COUNCIL RESOLUTION NO. 2022-XXX
Award of CIP 5719 to Watearth in the amount of $199,302.50

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

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HEMET, CALIFORNIA, AWARDING

WATEARTH A PROFESSIONAL SERVICE

AGREEMENT TO PERFORM A WATER
DISTRIBUTION SYSTEM ANALYSIS (CIP 5719) AS

APPROVED IN FINAL FORM BY THE CITY

ATTORNEY FOR AN AMOUNT NOT TO EXCEED
$199,302.50 AND AUTHORIZE THE FINANCE

DIRECTOR TO ESTABLISH A SUPPLEMENTAL
APPROPRIATION OF $64,232.75, INCLUDING A
10% CONTINGENCY, AND AUTHORIZE THE CITY

MANAGER TO EXECUTE ALL DOCUMENTS

REGARDING THIS 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 owns and operates a water
production and distribution system that provides potable drinking water to customers throughout its 5.25 square-mile service area; and
WHEREAS, In 1990, the City of Hemet retained the services of Metcalf and Eddy to prepare a hydraulic analysis / Water Distribution System Analysis for the City's current water distribution system; and
WHEREAS, In 2021, staff completed the 2018 Water and
Sewer Master Plan Update; this Update was submitted and approved by the City Council on April 13, 2021 ; and

21.V

CITY COUNCIL RESOLUTION NO. 2022-XXX
Award of CIP 5719 to Watearth in the amount of $199,302.50 WHEREAS, City staff has long recognized that the existing 1990 Water Distribution System Analysis is significantly out-of-date and does not reflect the current water demands, growth patterns, and fire system needs within the City; and
WHEREAS, Proposals to perform a comprehensive water
distribution system analysis were solicited with a posting on planet bids on September 26th, 2022 where 310 vendors were notified WHEREAS, City staff reviewed the Proposal by Watearth
and determined that all aspects of the RFP were satisfied and the proposal demonstrated all the necessary experience and skills to complete the project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES
AS FOLLOWS:

1. Award Watearth a Professional Service
Agreement to perform a Water
Distribution System Analysis (CIP 5719)
as Approved in Final Form by the City
Attorney in an amount not to exceed
$199,302.50.

2. Authorize the Finance Director to
Establish a Supplemental Appropriation
in the amount of $64,232.75, including a
10% contingency, of unencumbered
Public Water Utility Funds to the Project
Account.

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CITY COUNCIL RESOLUTION NO. 2022-XXX
Award of CIP 5719 to Watearth in the amount of $199,302.50

3. Authorize the City Manager to Execute
all Documents Regarding this
Agreement as Approved in Final form by
the City Attorney
PASSED, APPROVED, AND ADOPTED this 13th day of
December, 2022.
.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk

21.V

CITY COUNCIL RESOLUTION NO. 2022-XXX
Award of CIP 5719 to Watearth in the amount of $199,302.50 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 13th day of December, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

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EXHIBIT A
Attachments

21.V

Modern modeling by a hydraulics focused Southern California firm.

Proposal for
Watearth Proposal for Water System
Distribution Analysis

Attention: Candace Sunds, Procurement
Administrator
City of Hemet Public Works Department
Hemet City Hall
445 E. Florida Avenue
Hemet, CA 92543
RFP NUMBER: CIP 5719

Contact Watearth Principal
Jennifer J. Walker PE, DWRE, ENV SP, CFM, QSD
1050 Ramon Road, Ste. 1
Palm Springs, CA 92264
213.248.4554
[email protected]

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Cover Letter
Hemet Water Distribution System Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

November 03, 2022
Candace Sunds, Procurement Administrator
City of Hemet Public Works Department
445 E. Florida Avenue
Hemet, CA 92543
Subject: Watearth Proposal for Water System Distribution Analysis CIP 5719 Dear Procurement Administrator Sunds,
Watearth Inc. is pleased to submit this proposal in response to the solicitation mentioned above.

Watearth is committed to improving the quality of life of the City of Hemet residents by providing a comprehensive water distribution system analysis accurately reflecting the City of Hemet's current water demands, growth patterns, and firefighting requirements. This updated analysis will capture the changes in land use, such as the construction of commercial businesses along major street corridors, and better inform the City of Hemet's future Capital Improvement Programs, such as waterline replacements, improvements, upgrades, and others. Ultimately, by updating the Water Distribution System Analysis, the City of Hemet will be able to achieve its priorities such as improving City infrastructure and enhancing public safety.

Founded in 2008 by Principal Engineer Jennifer J. Walker PE, DWRE, ENV SP, CFM, QSD, Watearth is licensed to provide services within the state of California and has produced award-winning work with a consistent emphasis on proactive and responsive communication, quality deliverables, and streamlined process. Walker is a licensed Professional
Engineer in California with a specialty in water systems and has a BS in Civil Engineering with a concentration in
environmental solutions to water resources and a Master's in Civil Engineering with an emphasis in Water Resources. Walker has practiced in Southern California for a dozen years and has 14 years of experience as president and principal engineer of Watearth. Southern California is Watearth’s largest market, and we have completed numerous water distribution projects.

Watearth meets all qualification requirements outlined in the City of Hemet RFP; complete information and verifiable evidence is included in Section 3 Firm Profile and Experience.

To ultimately create a highly effective and efficient system with minimal deficiencies, Watearth will perform three separate model runs of the system and provide a written report on each run to the City of Hemet. The written report will identify all necessary corrective actions needed to improve the system. As outlined in our Project Approach and subsequent schedule, we anticipate this project will be completed in 150 calendar days assuming data is readily available and accurate and as-builts are complete and digitized. Watearth has identified the digitized as-builts as critical to the project schedule and asks that the City of Hemet prioritizes completing
digitization to ensure the project can be completed on - schedule. Communication between Watearth and the
City of Hemet will be vital during the project and will be critical to project completion if the as-built digitization is still in process during the project. We are committed to proactively communicating with the City to maintain the project schedule.

You did a great job of distilling
very complex H&H guidance into
something approachable.

Jayson Hudson
USACE
2

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Cover Letter
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Watearth’s project history includes related projects such as the California American Water Baldwin Hills Calibration project where we performed water distribution system modeling using WaterCAD for booster pump station
improvements. As part of the project,
Watearth developed a flow testing
plan and oversaw testing for
calibration and verification of the
model simulations. The final report
included a summary evaluation of
system deficiencies with respect to
system pressure, leaks, and losses.

Using the existing conditions
distribution model, Watearth located a general problem area and collected more field data to locate the specific problem. In summary, Watearth provided strategic fire hydrant flow testing, updates to the model to include recent system improvements in calibration objects, identification of system issues, development of system improvements, and preparation of various system curves and design recommendations which demonstrates our capabilities to complete the work outlined in this RFP. Watearth’s other related project history includes Placer County Water Agency Hydraulic Modeling Analyses of the Foothill-Sunset-Ophir Water System, Sacramento County Water Agency Creation of Dynamic Operations Model-Hydraulic Modeling, and California American Water West Placer Recycling Water System Modeling. For the Cal Poly San Luis Obispo Water Resources Master Plan and Technical Studies for EIR, Water Supply Assessment, Wastewater Feasibility, and Reclaimed Water Facility Impacts Evaluation projects, Watearth performed water supply analysis, demand analysis with water use, and water supply mitigation. Performed water distribution system modeling, validating with metered data and incorporating conservation BMPs. Additionally, Watearth evaluated impacts of 2035 development on City’s wastewater collection system and treatment capacity, including reclaimed water, and on the City's water distribution system and treatment capacity, including raw water, reclaimed water, and potable water. We performed WaterCAD and SewerCAD modeling and evaluated
changes in operation and pumping to maintain system pressures and water quality.

The proposed staff includes a core group of professionals that will be available throughout the duration of the contract. These staff members have a professional history of leading and modeling similar hydraulic analysis modeling similar high complexity, large system projects. It is our team’s commitment that with our qualified staff, adequate resources will be available to support the City of Hemet. With 20 full-time staff at Watearth, our proposed key personnel are committed to the success of the City of Hemet’s
project and will provide the necessary resources to
support this critical project.

Regardless of project size, our team works together
and expertly employs cross-functional collaboration
to deliver on-time and on-budget results. As a small
business, our team is in constant contact and
frequently collaborates on projects minimizing the need for formal team building, streamlining our project startup phase.

Watearth may be a small firm, but
certainly isn’t perceived as small from
the quality of work and expertise.

KCI Technologies
Overall communication is good. Responses to
questions and comments are timely. The quality of
deliverables is excellent; they’re organized neatly
and present all relevant information. Anything that
requires urgent or immediate action is handled
efficiently.

Eric Bonilla
LACPW
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Cover Letter
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

The Watearth Solution
Challenges Solutions Qualifications
Developing a Master
Plan to solve system
deficiencies
Watearth will review in detail and address
all sections previously identified as
deficient in the Water Distribution Systems
Analysis or the Water and Sewer Master
Plan during model development.

Watearth has prepared Master Plans and
provided peer review throughout California
for more than a decade.

Building or assembling
a water distribution
model from scattered
data sources,
potentially on different
datums.

Watearth will use Infowater to capture
existing network in GIS format which will
be used to set the extent of the water
distribution system and will correct any
connectivity deficiencies in nodes and
links such as the detection of orphan
nodes and pipes. Watearth will put special
care of facilities data when representing
the pumps and valves and set the
operational controls.

Watearth has expertise in GIS as well as
interpreting record drawings and resolving
data conflicts and compiling data sources,
including for the City of Houston raw water
system model development and the Los
Angeles County Public Works Rubio Wash
watershed model development.

Calibration of water
distribution system
network which
involves of many
uncertain parameters
Since calibration is the process of
comparing the model results to field
observations, Watearth will fine-tuning
each facility’s settings until the model-
predicted agrees with measured system
performance over a wide range of
operating conditions following a
calibration criterion for flow and pressure.

This calibration process provides an
excellent insight of the system network.

Watearth used a similar process for the
California American Water Baldwin Hills
system and other projects.

Using a calibrated
model to predict
future scenarios
Watearth will produce hydraulic results for
Hemet’s CIP projects extending the
system to new customers or replacing old
pipelines to avoid leakage, water quality
problems or developing a flushing plan.

Watearth’s Principal Engineer has experience
on developing CIP projects from master
planning/modeling efforts for citywide,
system-wide, and regional systems, including
systems as large as the City of Houston.

Watearth’s proposed key staff have proven
water distribution experience and will
proactively communicate with the City to
ensure project quality.

Handling sensitive
customer billing data
Billing data used for water demands
analysis will be stripped of sensitive
information in order to develop an
aggregate data set of only the relevant
data points.

Watearth has provided data management
for water demands for City of Houston, which
involved an extremely large data set.

The project must be
appropriately
budgeted to avoid
overages and surprise
additional costs.

Watearth proposes a fee that will cover
the full analysis as it is currently proposed,
and will apply a cost-effective, robust
project management practice honed on
projects of similar sizes.

Watearth has provided leadership on dozens
of projects in the $100K to $300K range and
understands the need for putting the
maximum number of dollars into developing
responsive deliverables.
4

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Cover Letter
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Watearth offers the City of Hemet the experience and resources of a larger firm with the communication and candor of a small business. The Watearth staff are passionate about their work and take seriously the opportunity to serve the City of Hemet. As a small business we will prioritize the needs of the City and we view this contract as a prime opportunity to provide quality services to the City of Hemet and establish a trusted relationship.

As the President of Watearth, Inc. I have the authority to bind Watearth and this proposal is a firm offer that remains in effect for at least a 90-day period.

Please contact me directly with any questions. I look forward to working with you on this project.

Sincerely,
J
ennifer J. Walker PE, D.WRE, ENV SP, CFM, QSD, President, Watearth 1050 Ramon Road, Ste. 1
Palm Springs, CA 92264
213.248.4554
[email protected]
5

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Table of Contents
City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Table of Contents
Tab 1. Cover Letter 02
Tab 2. Project Approach 07
Tab 3. Firm Profile and Experience 14
Tab 4. Staff Resumes 28
Tab 5. Fee Schedule Included as Attachment
6

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Approach
City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Approach
Watearth is your best resource for planning, modeling, design, and construction support services in Water Resources Engineering, as exemplified by our successful track record. Our niche focus allows our highly accredited senior staff to create
solutions that elude less specialized firms. By clearly identifying our areas of expertise, maintaining strong
teaming relationships, and demonstrating precise
process-based project management, Watearth
guarantees the quality of our work products, ensuring our designs and recommendations are cost-effective, long-
lasting, and supported by scientific rigor. Below is
Watearth's Project Approach for the City of Hemet
Distribution Analysis.

Watearth requests the City of Hemet provides the following data:

1. Digitized as-builts;

2. Pump curve or pump plates;

3. Operational setting in pumps, valves, and
tanks;

4. Daily water production record;

5. Monthly customer meter data;

6. Water use data;

7. Operations log of wells;

8. List of potential CIP projects; and

9. List of interties, settings, operation.

Task 1. Preliminary Data Review
Upon Notice to Proceed (NTP), Watearth staff will compile all readily and publicly available existing plans, documents, and digital databases in conjunction with onsite observations to create a unified asset inventory. In addition, all readily and publicly available historical materials, including surveys, construction plans, published literature, and digital databases, will be collected, evaluated, and compiled. To date, documents identified for detailed evaluation are shown in Table 1.

Table 1. Project Document List
Year Author Name
1999 W. Kimball Water Distribution Systems Analysis
2015 Park Avenue Water and Sewer Master Plan
2018 Augusta Water and Sewer Master Plan
2021 City of Hemet Water and Sewer Master Plan (Updated) I
n particular, Watearth will review the sections identified as deficient in previous studies performed for the City. Watearth will review in detail and address all sections previously identified as deficient in the Water Distribution Systems Analysis or the Water and Sewer Master Plan during model development.

Your team did a really good job.

Would love to see the map of this
process. Glad there are people who
can do this kind of work.

Eric Veium
Cal Poly San Luis Obispo
7

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Approach
City of Hemet Water Distribution Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Watearth will review all documents provided by the City and begin developing geospatial data files to serve as the central repository for pertinent information. All digital files created as part of the project will be provided to the City in an agreed-upon format compatible with existing City assets.

Based on the desktop analysis, we will identify and flag gaps in data or discrepancies for additional review. Watearth will provide a request for additional information at the earliest possible date to ensure we review all available datasets.

We expect to complete the preliminary data collection and review phase within 14 calendar days of receiving the requested information.

Task 2. Existing Systems Evaluation
Watearth will perform additional investigations as needed based on the preliminary data review.

When completing an Existing Systems Evaluation, Watearth performs the following steps:

1. Perform site reconnaissance;

2. Verify data collected to date;

3. Address gaps in data;

4. Evaluate the condition of system assets;

5. Coordinate utility location services (as needed);

6. Provide a summary of findings as a memorandum.

Watearth, with the City of Hemet agreement and
coordination, will perform a site reconnaissance to fill in data gaps and visually verify the City's historical documents. The Watearth team's field survey experience includes utility investigations for several utilities and municipalities.

Watearth will coordinate a utility investigation if we determine unaddressed data gaps are critical to the overall City
objective of completing a comprehensive water distribution system analysis. Accurate data for projects with underground utilities is paramount for parity in model simulations and real- world observations. Accurate digitization of the existing distribution system will avoid lengthy calibration and
verification of the distribution model. Additionally, our thorough investigation of existing underground utilities early in the project will prevent unnecessary delays for the City of Hemet. Watearth's utility investigation process includes the following steps.

1. Review and determine areas requiring onsite investigation.

2. Conduct records and maps research of indexes and databases for existing as-built information on utilities within the selected project site to supplement and facilitate locating efforts.

3. Review all information for consistency and identify discrepancies for the City of Hemet's review.

4. Conduct a survey and map the utilities.

5. Create a unified digital database for all utilities mapped. 8

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Approach
City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Watearth will complete the System Evaluation within 21-calendar days following the Preliminary Data Review if no additional utility investigation is needed. Utility location services are not included in the budget, however, can be included subject to a scope change.

Task 3. Flow Testing
For model calibration and verification, Watearth will development and coordinate plan for flow testing at various locations within the distribution system. Watearth recommends 10 flow tests consistent with the National Fire Protection Association (NFPA) Standard 291, Recommended Practice for Fire Flow Testing and Making of Hydrants. Field testing is required to calibrate the hydraulic system when operational calibration
using SCADA is not performed.

A flow test will be performed for a specific area
at three fire hydrants. First, a pressure gauge is
fitted onto one fire hydrant that records the
system's static pressure. Next, the other two
hydrants are opened fully to allow water to flow
freely; residual pressures are measured using a
pitot pressure gauge. Finally, while the two
hydrants are flowing, the residual pressure at
the first hydrant is fitted with a pressure gauge
to record the drop in water pressure. This
procedure is typically performed during peak
water use hours to simulate flows similar to fire
flow conditions during high demand.

Following the field measurements, Watearth will perform the calculations to ensure that the model accurately represents an actual system comparing the model results with physical measurement over a range of conditions. If the model agrees with the field data, the model can be used with confidence.

Watearth will coordinate flow testing upon NTP and complete the necessary tests within 30 days.

A summary of the flow testing procedures and results will be provided in the Modeling Report.

Task 4. Distribution Model Development (First Model
Run)
Watearth will develop and calibrate of a computerized hydraulic model for the City following Existing Systems Evaluation. We will develop and execute the Steady State and Extended-Period Simulation model that shows Average Day, Maximum Day, Peak Hour, and Fire Flow conditions. The existing systems model will include all documented well sites, storage tanks, pressure tanks, transmission and distribution mains, and valves within the City. For the purposes of estimating base demand (Average Day),
Watearth will refer to historical water use data provided by the City. If the data is not available, Watearth will estimate the base demand with respect to service connections, census information and land use. Other pertinent model parameters are to be estimated based on age, material, and flow testing.
9

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Approach
City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

The City currently has three active well sites with varied production capacities (Table 2). The distribution system consisting of steel, asbestos-cement, and PVC pipes ranging in size from 2 – 14 inches in diameter will be modeled as a single pressure zone as indicated in the Water and Sewer Master Plan. Control valves and pressure-reducing/sustaining valves critical to the operation of the water distribution system will be modeled to the greatest extent feasible. The four storage tanks at Park Hills and Echo Hill will be modeled and assessed for their capacity requirement. The City does not have any pump/booster stations within the distribution system.

Table 2. Active Well Sites
Name Location Date Drilled Capacity (GPM)
2A W. Kimball 2011 1,300
12 Park Avenue 1949 300 – 500
10A Augusta 2017 700
W
atearth will calibrate the distribution model against the flow test results such that the difference in pressure between the field-measured and the model-predicted results is within 5%. If the 5% tolerance is not achievable system-wide, Watearth will recommend areas where greater deviation may be used and coordinate with the City for approval on approach. The model development, calibration, and subsequent analysis will be conducted following the American Water Works Association (AWWA) M32 Computer Modeling of Water Distribution Systems and include additional consideration for fire protection. Once the existing system has been modeled and calibrated, the simulated results will be reviewed in detail to identify system deficiencies for pressures, velocity, headloss, and water quality.

First, we will assess the system for normal operating
conditions under Average Day, Maximum Day, and
Peak Hour demand conditions. Then, we will review
the simulated pressures and headloss across the
system and report results in a summary memorandum.

Watearth will provide a summary report of the model
methodology, assumptions, results, and
recommendations for review by the City. Following the
City's review of the summary report, Watearth will
coordinate a comment resolution meeting to address
any questions or concerns regarding the work
performed. A revised summary report will be provided
to the City within 10 business days following the
meeting. Watearth will provide one round of
comments for the City for this task. Task 4 is to be
completed within 60-calendar days following Data
Collection and Existing Systems Evaluation.
10

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Approach
City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Task 5. Deficiency Analysis and Correction (Second
Model Run)
Once Watearth has identified deficiencies, the distribution developed in the First Model Run will be iterated upon in order to achieve acceptable level of performance consistent with AWWA G200-21 Distribution Systems Operation and
Management. Watearth will explore cost effective solutions to address the simulated deficiencies and provide a summary report of the findings. Following City’s review, Watearth will coordinate a virtual meeting with the City to review and discuss the results. Following coordination with the City, Watearth will finalize the solutions for addressing the deficiencies and select the option with minimal secondary effects. One round of comments is assumed for this task.

Task 5 will be completed within 30-calendar days following the Distribution Model Development (First-Run).

Task 6. Systems Optimization (Third Model Run)
The final iteration of the model development will focus on optimizing the distribution system building upon the Second Model Run. Watearth will resolve any secondary effects caused by corrections to the greatest extent possible to address the deficiencies.

Additional considerations will be made for improving the overall system performance beyond the AWWA G200-21 standards targeted in the Second Model Run. Areas identified by the previous studies as being areas of concern but not deficient (i.e., dead ends) will be reviewed at this stage for improvements.

Watearth will provide a summary report including recommendations for system optimization based on the Third Model Run results. A revised summary report will be provided within 10 business days following a review meeting with the City. Additionally, Watearth will provide two rounds of comments to the City for this task.

Watearth will complete Task 6 within 30-calendar days following the completion of Task 5. 11

21.V

Approach
City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Task 7. Digital File Delivery and Project Support
Throughout the project, Watearth will provide periodic progress reports to the City of Hemet that summarizes work performed to date, work to be completed and any open requests for information and data. For coordination and review, Watearth assumes participating in 8 virtual meetings with the City.

Watearth will perform the distribution model
development using InfoWater developed by Innovyze
(a subsidiary of Autodesk) consistent with industry-
standard practices. At project completion, Watearth
will provide a download link to the City that includes all pertinent project files. We will provide all digital files to City in an agreed-upon format. Final transmission of
model files, reports, and data will be provided to the
City within 5 days upon final payment.
12

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City of Hemet Distribution Modeling Project Gantt Chart Legend:

Anticipated NTP: 1/3/2023 January February March April May June Scrolling Increment: 0 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Milestone description Category Start Days S M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TFSS M T W TF Task 1: Preliminary Data Review
Data Collection & Eval On Track 1/3/2023 10
Identify Gaps In Data On Track 1/13/2023 4
Project Kickoff Mtg On Track 1/16/2023 1
Task 2: Existing Systems Evaluation
Site Recon  On Track 1/17/2023 2
Validate Data On Track 1/19/2023 4
Existing Systems Eval On Track 1/19/2023 9
Coordinate Util Location Svcs 1/3/2023 30
Ex. Systems Summary Memo On  Track 1/28/2023 10
Task 3: Flow Testing Coordination
Perform Flow Testing On Track 2/7/2023 4
Summary Memo On Track 2/11/2023 2
Task 4: Fi rst  Model Run
Model Development On Track 2/13/2023 35
Model Calibration & Validation On  Track 3/20/2023 7
Summary Report On Track 3/27/2023 7
City Review On Track 4/3/2023 10
Task 5: Second Model Run
Resolve Difficiencies On Track 4/13/2023 14
Summary Report On Track 4/27/2023 7
City Review On Track 5/4/2023 10
Task 6: Third Model Run
Model Optimization On Track 5/14/2023 14
Summary Report On Track 5/28/2023 7
City Review On Track 6/4/2023 10
Task 7: File Transmission
Digital Delivery of Proj Files On  Track 6/14/2023 3
As Needed UnassignedOn track In  Progress Complete
13

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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Exceptions
Watearth confirms that all terms and conditions in the Professional Consulting Services Agreement (in Attachment A of the RFP) are acceptable.

Watearth requests that Section 4.(c) Compensation and Method of Payment be modified to payment terms 30 days.

Watearth requests Section 16.(a) Indemnification be modified as follows: As provided under Civil Code Section 2782.8, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims,”
If the City of Hemet is unable to modify this language, Watearth will accept the terms of the agreement as-is.

Proprietary/ Confidential Information
Watearth requests that our submitted Fee Schedule information (page XX) is marked as confidential and not made public. Watearth’s budget information is not generally known to the public or to competitors in the industry and as such would give another firm an advantage over businesses that do not know the information provided.

Insurance
Watearth can provide a certificate of insurance prior to commencement of any work and will comply will all insurance requirements as stated in Exhibit C of the Professional Services Agreement.

Qualifications
Watearth meets all the requirements of the City of Hemet’s RFP, including the qualifications outlined in section 3 of the RFP. Verifiable evidence is listed for each item and attached to this section.

Qualification Verifiable Evidence
Watearth is licensed to provide services within
the State of California.

California Secretary of State Registration
Principal Jennifer J. Walker PE, DWRE, ENV SP,
CFM, QSD is a California registered
Professional Engineer with specialty in water
systems.

Professional Engineer License
Watearth has 10 years of continuous
existence performing hydraulic and
computer modeling of water distribution
systems for a variety of municipal and private
water companies within the State of
California.

Project history matrix with project names and
dates.
14

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Project City State Start Date End Date
Private Client Kern County Solar Plant and Energy Storage Water Supply Assessment and Demand Projections Kern County CA 2021 2022 City of Pleasanton Water Supply Assessment and Demands Projections Pleasanton CA 2021 2022 City of Maricopa, Department Public Works Seven Ranches DWID System Assessment and Asset Mgmt. Maricopa AZ 2021 2020 Chino Meadows Water Company Water Distribution System Modeling for Proposed Expansion Prescott AZ 2020 2020 Beaver Valley Water Co Water Distribution System Modeling and ADEQ Compliance Assistance Payson AZ 2019 2020 Los Angeles Bureau of Engineering (LABOE) Zoo Vision Plan EIR Hydrology and Water Quality Technical Studies Los Angeles CA 2018 2020 Big Beau (Tropico) Solar Water Supply Assessment Kern County CA 2018 2019 Alameda County Flood Control District (ACFCD) Zone 12 Drainage Master Plan Site Study Oakland CA 2018 2020 Cal Poly San Luis Obispo Water Resources Master Plan: Technical Studies for EIR, Water Supply Assessment, Wastewater Feasibility, and Reclaimed Water Facility Impacts Evaluation San Luis Obispo CA 2018 2019 Cal Poly San Luis Obispo Slack/Grand Water Supply Assessment San Luis Obispo CA 2018 2019 Oak Tree Village SB 610 Water Supply Assessment and Demands Projections Tehachapi CA 2018 2018 California American Water West Placer Recycled Water System Los Angeles CA 2018 2018 Placer County Water Agency Hydraulic Modeling Analyses of the Foothill-Sunset-Ophir Water System Sacramento CA 2018 2019 United States Army Fort Leavenworth Design-Build Water and Sewer System Upgrades Leavenworth KS 2018 2021 Winding Meadow Developmnet - Closed Conduit and 2D Open Channel Modeling Sacramento CA 2017 2018 Los Angeles Bureau of Engineering (LABOE) Zoo Master Plan and Zoo Vision Plan EIR Hydrology and Water Quality TecLos Angeles CA 2016 2020 California American Water Baldwin Hills Modeling and Calibration Los Angeles CA 2016 2017 Los Angeles County Public Works (LACPW) UCLA-Olive View Medical Center Master Plan EIR Hydrology and Water Quality Technical Studies, Water Supply Assessment and Demand Projections Los Angeles CA 2016 2019 HCID 17, Harris Precinct 4, HCFCD, and HCTRA Willow Creek Industrial Park M124 Water Resources Master Plan Harris County TX 2014 2017 Aspen 1 of New Brighton Water Resources Master Plan Sacramento CA 2012 2013 City of Houston Water Conservation Plan and Demand Analysis Houston TX 2012 2015 City of Houston Raw Water GIS and Model Development Houston TX 2012 2015 USACE Sacramento District Sacramento District USACE Water Supply Rainwater Collection Evaluation for Presidio/Monterey Monterey CA
Sacramento Surburban Water District Hydraulic Analysis of New Transmission Main Prioritization Sacramento CA Sacramento County Water Agency Creation of Dynamic Operations Model-Hydraulic Modeling Sacramento CA Cinco Ranch Water Distribution System Modeling and Master Plan Houston TX The Woodlands Water Distribution System Modeling and Master Plan The Woodlands TX Austin Water West Rim Water Distribution System Modeling to Solve Pressure Issues Austin TX Pre-2012 Pre-2012
Pre-2012
Pre-2012
Pre-2012
Pre-2012
18

21.V

Firm Profile & Experience
Hemet Water Distribution System Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Firm Description
Watearth is your best resource for planning, master plans, modeling, design, and construction support services in disciplines such as Water Resources, Environmental, Green Infrastructure, Hydrology & Hydraulics, Design, Stormwater, and Communications in the Federal Government, Industrial, Litigation/Expert Witness, Local and State Government, Private Development, Transportation, Utilities, and Water Districts sectors.

We have produced award-winning work for over a
decade, a testament to our reliability and expertise
through the consistent emphasis on proactive and
responsive communication, quality deliverables, and
streamlined processes.

Watearth is a leading firm in our disciplines. Our niche focus allows our highly accredited senior staff to create solutions that elude less specialized firms in both key sub and prime roles.

By clearly identifying our areas of expertise, maintaining strong teaming relationships, and demonstrating precise process-based project management, Watearth
guarantees the quality of our work products, ensuring our designs and recommendations are cost-effective, long-lasting, and supported by scientific rigor.

Hydraulics
Watearth has over a decade of experience
modeling projects in southern California using
industry-standard modeling methods and proven
and reliable modeling software. We have
experience applying the latest local, state and
national engineering standards, codes and
regulations in the analysis of the distribution
system including California Fire Code 2022, and
ASTM/AWWA Standards. Our project history
demonstrates our expertise and experience in
hydraulic analysis of water systems and our ability
to run multiple simulation modeling to assess
current operational characteristics and hydraulic
deficiencies under a variety of operational dynamics.

Watearth’s proposed key staff have proven water distribution experience and will proactively communicate with the City to avoid project delays. As a small business we can work collaboratively with the City of Hemet and prioritize this project, proactively
communicating to gather all required information. Our
depth of resources allows us to provide the experience of a much larger firm while still retaining the benefits of a small business.

Why Watearth?
 Collaborative Approach
 Proactive and Responsive
Communication
 Streamlined Processes
 Quality Deliverables
 Reliable Service
 Respect for Diversity
 Unique Niche Expertise
 Almost 15 Years in Business
 Small Business Accessibility
I’m really impressed with the
deliverables and quality of
communication.

Steve Ramirez
Opterra Energy Solutions
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Project Experience
California American Water Baldwin Hills Calibration
Los Angeles, CA
Performed water distribution system modeling in WaterCAD for pump stations and pipelines. Developed flow testing plan and performed flow testing. Calibrated model and evaluated
system issues to pinpoint pressure problems, leaks, and losses.

Developed system improvements to solve pressure issues
including using altitude valves. Developed system curves to facilitate replacement of booster station. Revised Metropolitan Water District demand allocation in the model. Evaluated arsenic treatment for specific well with issues.

Our primary task was to identify the cause of a new water supply issue filling up reservoirs, as well as recommend improvements that were necessary and economical. This
required that we update the model and calibrate it using fire hydrant flow testing data. Watearth used this data to locate a general problem area and collected more field data to
pinpoint the specific problem. Watearth provided
recommendations and supporting data to help them size
various new pumping stations within their system.

Watearth has adhered to California American Water’s schedule requirements, including initially accelerating the schedule to provide system curves in advance of planned projects. Watearth provided strategic fire hydrant flow testing, updates to the model to include recent system improvements in calibration objects, identification of system issues, development of system improvements, and preparation of various system curves and design recommendations.

Watearth provided local expertise and in-person meetings as compared to prior contractors who were located out of state. Additionally, Watearth developed solutions for system pressure issues.

Period of Performance 2016-2017
Budget $65,000.00
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Cal Poly San Luis Obispo Slack/Grand Water Supply
Assessment
San Luis Obispo, CA
Performed water supply and wastewater technical studies. Prepared Water Supply Assessment in preparation of EIR. Performed water supply and demand analyses, and water supply mitigation.

Modeled water distribution system, incorporating conservation BMPs and alternative supply sources. Developed dry weather and wet weather wastewater flows. Performed mass balance study of wastewater reclamation facility. Evaluated impacts of 2035 development on City’s wastewater collection system, water distribution system, and treatment capacity of both.

Performed WaterCAD and SewerCAD modeling. Facilitated stakeholder involvement, including various Cal Poly departments, the City, and the public. Watearth integrated PPP project into overall Master Plan analysis for efficiency and the comprehensive evaluation of project.

Additionally, Watearth recommended phasing and timeframe for the project to ensure water supply and wastewater capacity availability.

Period of Performance 2018-2019
Budget $20,000.00
Photo Courtesy of Cal Poly Corporation
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Cal Poly San Luis Obispo Water Resources Master
Plan: Technical Studies for EIR, Water Supply
Assessment, Wastewater Feasibility, and Reclaimed
Water Facility Impacts Evaluation
San Luis Obispo, CA
Performed water supply and wastewater technical studies. Addressed EIR comments. Prepared SB 610 Water Supply Assessment (WSA) for a multi-use development as part of preparation for the EIR. Performed water supply analysis, demand analysis with water use, and water supply mitigation. Performed water distribution system modeling, validating with metered data and incorporating conservation BMPs, including
irrigation, fixtures, low water use vegetation, and
alternative supply sources, including recycled
water, groundwater, and purchased sources.

Developed dry weather and wet weather
wastewater flows. Estimated wastewater system
capacity. Prepared technical memorandum.

Performed mass balance study of wastewater
reclamation facility, assessed WRF and WWRF. Evaluated impacts of 2035 development on City’s wastewater collection system and treatment capacity, including reclaimed water, and on the City's water distribution system and treatment capacity, including raw water, reclaimed water, and potable water. Performed WaterCAD and SewerCAD modeling. Evaluated treatment impacts and requirements. Evaluated changes in operation and pumping to maintain system pressures and water quality. Facilitated stakeholder involvement, which included various Cal Poly departments, the City, and the public. Included water rights support. Watearth obtained approval from the City who was not originally supportive of the Cal Poly SLO growth without a proven water and wastewater capacity by performing detailed modeling of City's system and developing alternative supply and treatment sources.

Period of Performance 2018-2019
Budget $140,000.00
Your team did a really good job.

Would love to see the map of this
process. Glad there are people who
can do this kind of work.

Eric Veium
Cal Poly San Luis Obispo
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Placer County Water Agency Hydraulic Modeling
Analyses of the Foothill-Sunset-Ophir Water System
Sacramento, CA
Performed hydraulic and hydrologic analysis modeling for Placer County Water Agency. Included fire flow, flow and pressure control analysis, and pipeline maintenance plan.

Period of Performance 2018-2019
Budget $183,000.00
Sacramento County Water Agency Creation of
Dynamic Operations Model-Hydraulic Modeling
Sacramento, CA
Watearth’s Carlos Quispe was the Hydraulic Engineer responsible for designing a dynamic operations model for Sacramento County Water Agency. Included fire flow, flow and pressure control analysis, and pipeline maintenance plan.

Period of Performance 2018-2019
Budget $115,000.00
California American Water West Placer Recycling
Water System Modeling
Sacramento, CA
Performed hydraulic modeling for the West
Placer Recycled Water System. Included fire
flow, flow and pressure control analysis, and
pipeline maintenance plan.

Period of Performance 2018
Budget $50,000.00
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Alameda County Flood Control District (ACFCD) Zone
12 Drainage Master Plan Site Study
Oakland, CA
Provided hydrologic, hydraulic, water quality,
and environmental services for Zone 12 Drainage
Master Plan encompassing watersheds within the
City of Oakland, including Lake Merritt. Project
included open channels, crossings, closed
conduits, and pump stations. Performed peer
review of hydrologic and hydraulic analyses.

Performed hydrologic and hydraulic analyses of
closed conduit and open channel urban
drainage system. Identified and analyzed water
quality projects for closed conduits and open
channels. Defined CIP projects. Prepared cost
estimates and recommended alternatives.

Provided preliminary design and Preliminary
Engineering Report (PER) assistance. Evaluated methods for sediment sampling and removal in tidally-influenced system. Evaluated likely levels of pollutants within sediment to be removed.

Prepared sediment sampling plan. Developed long-term strategies to prevent future buildup of sediment in a stormwater pipe subject to frequent tidal inundation. Performed an investigation and sampling of mud to provide information regarding source and environmental/water quality factors to be considered in recommendations. Complied with OSHA requirements.

Period of Performance 2018-2020
Budget $47,277.00
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Aspen 1 of New Brighton LID and Water Quality
Master Plan
Chino Hills, CA
Recommended Green Infrastructure, stormwater BMPs, and water conservation practices for 233-acre mixed use project. Performed continuous simulation and design storm event modeling for project located within old gravel mining quarry . Evaluated effect of BMPs on peak flows, runoff volumes, infiltration, evaporation, and flow durations. Developed water quality plan for project. Developed Operations & Maintenance (O&M) Plan for BMPs. Evaluated compliance with AB 1881 for landscape efficiency. Reviewed plant palette and proposed irrigation requirements to meet project goals. Emphasized water conservation and efficiency.

Incorporated California Urban Water Conservation Council (CUWCC) Best Management Practices (BMPs). Analyzed effectiveness of water conservation/efficiency BMPs using CUW CC
A
voided Cost Model and Cost-Effectiveness Model to estimate savings.

Period of Performance 2022
Budget $59,484.00
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Los Angeles County Public Works (LACPW) UCLA-
Olive View Medical Center Master Plan EIR Hydrology
and Water Quality Technical Studies
Los Angeles, CA
The UCLA-Olive View Medical Center 230-acre urban redevelopment project proposed new buildings, refurbished buildings, and significant landscaping and landscape expansion as well as interface with the LA River and broader regional flood control. Bioretention and permeable pavement were planned to utilize to reduce and treat
stormwater runoff. Drip irrigation, drought-tolerant plants, and water-efficient fixtures were analyzed for a water supply assessment. Hydrologic and water quality impacts due to the project, including groundwater supply and utilization, were analyzed for the Environmental Impact Report. Watearth
performed continuous simulation and design storm modeling for the proposed green infrastructure. Erosion potential and floodplain issues due to the canyon drainage systems were analyzed. Thresholds of significance for hydrology and water quality in accordance with NEPA/CEQA standards were analyzed.

Period of Performance 2016-2019
Budget $100,000.00
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Firm Profile & Experience
Hemet Water Distribution System Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

City of Houston Water Conservation Plan and Raw
Water GIS and Model Development.

Compiled and analyzed raw water customer data for municipal systems as large as 500K accounts and residential populations of 3M. Developed GIS database for raw water customers, raw water canals, pump stations, and key
water supply facilities. Determined available
water allocation. Performed field verification
of raw water delivery points. Developed
modeling information for hydraulic model of
raw water system. Developed Water
Conservation Plan. Analyzed existing utility
data. Evaluated conservation BMPs for
implementation cost-benefit. Included green-
house gas components. Developed water
conservation model. Worked with focus group
convened by Mayor. Developed Drought
Response Plan.

Period of Performance 2015
Budget $100,000.00
Texas Water Development Board (TWDB) Statewide
Water Conservation BMPs Modeling Tool.

This Texas Water Development Board project utilized water demands, user classes and projected demands to create a water conservation BMP model for indoor and outdoor use.

BMPs included utilizing recycled water for indoor and
outdoor water use. Life-cycles, annual participation rates, incentive program costs and potential cost-benefit to public agencies were analyzed. Climate adaption and resiliency strategies were incorporated into the model.

Period of Performance 2015
Budget $100,000.00
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Principal Jennifer J. Walker PE, D.WRE, ENV SP, CFM
Project Manager / Project EngineerJeremiah Sunwoo MS, EIT

Jeremiah Sunwoo MS, EIT
Project Engineer
Carlos Quispe MS
Water System Modeler
Jeff Brizendine PE, PMP, CFM, ENV SP, Assoc. DBIA
Senior Engineer
Modeling Support
Jeremy Liby GIS
GIS Support
Brian Meade
Supplementary CADD Support
*We have additional support from over a dozen staff outside of the listed key personnel.

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City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Jennifer J. Walker PE, DWRE, ENV SP, CFM, QSD
Principal
Walker, President of Watearth, Inc., has an earned reputation for bringing unique insights to projects, whether the focus is green infrastructure or gray. As a water resources engineer chiefly concerned with developing sustainable and resilient solutions, over 30 years of practice producing foundational environmental documentation and master plans, nuanced and complex hydraulic and hydrologic models, and civil designs grounded in solid science and reality have prepared Walker to work on a variety of project types. Walker is an expert in stormwater, water quality, flood control, green infrastructure, hydrology and hydraulics, water resources, and complex projects with multiple stakeholders.

From CIPs to extensive regional studies, Walker adopts an appropriate level of detail, consistently tailored to clients' needs. By understanding systems at both ends of the spectrum, Walker has routinely proven an asset to project teams needing a nuanced approach that addresses upstream and downstream project concerns. In addition, Walker's presence on the project ensures critical questions can be answered with confidence.

Key Takeaway
Walker has 30 years of water resources engineering experience and is a California registered Professional Engineer with a specialty in water systems.

Education
• MCE. Civil Engineering c. Water Resources. University of Houston. • BS. Civil Engineering c. Environmental and Water. Kansas State University. • Management Development for Entrepreneurs. UCLA Anderson School of Management. • Building a High-Performing Business. Tuck Executive Education at Dartmouth.

Licenses & Certifications
• PE. State of California. #C77079.
• PE. Multiple Other States.
• QSP/QSD. California Stormwater Quality Association. #21187. • ENV SP. Institute for Sustainable Infrastructure.
• DWRE. American Academy of Water Resource Engineers.
• CFM. Association of State Floodplain Managers (Texas Floodplain Management Association). #0848-05N.
• Permaculture Designer's Certificate. Sustainable Development and Water. Permaculture R
esearch Institute.

Experience
President and Principal – Watearth 2008-Present
Major Projects
California American Water Baldwin Hills Calibration (Los Angeles, CA). Performed water distribution system modeling in WaterCAD for pump stations and pipelines. Developed flow testing plan and performed flow testing. Calibrated model and evaluated system issues to pinpoint pressure problems, leaks, and losses. Developed system improvements to solve pressure issues including using altitude valves. Developed system curves to facilitate replacement of booster station. Revised Metropolitan Water District demand allocation in the model. Evaluated 28

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City of Hemet Water Distribution Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.
arsenic treatment for specific well with issues. Updated the model and calibrated it using fire hydrant flow testing data. Located a general problem area and collected more field data to pinpoint the specific problem. Provided recommendations and supporting data to help size various new pumping stations within their system. Adhered to California American Water’s schedule requirements, including initially accelerating the schedule to provide system curves in advance of planned projects. Provided strategic fire hydrant flow testing, updates to the model to include recent system improvements in calibration objects, identification of system issues, development of system improvements, and preparation of various system curves and design recommendations.

Cal Poly San Luis Obispo Slack/Grand Water Supply Assessment (San Luis Obispo, CA).

Performed water supply and wastewater technical studies. Prepared Water Supply Assessment in preparation of EIR. Performed water supply and demand analyses, and water supply mitigation.

Modeled water distribution system, incorporating conservation BMPs and alternative supply sources. Developed dry weather and wet weather wastewater flows. Performed mass balance study of wastewater reclamation facility. Evaluated impacts of 2035 development on City’s wastewater collection system, water distribution system, and treatment capacity of both.

Performed WaterCAD and SewerCAD modeling. Facilitated stakeholder involvement, including various Cal Poly departments, the City, and the public.

Cal Poly San Luis Obispo Water Resources Master Plan: Technical Studies for EIR, Water Supply Assessment, Wastewater Feasibility, and Reclaimed Water Facility Impacts Evaluation (San Luis Obispo, CA). Performed water supply and wastewater technical studies. Addressed EIR comments. Prepared SB 610 Water Supply Assessment (WSA) for a multi-use development as part of preparation for the EIR. Performed water supply analysis, demand analysis with water use, and water supply mitigation. Performed water distribution system modeling, validating with metered data and incorporating conservation BMPs, including irrigation, fixtures, low water use vegetation, and alternative supply sources, including recycled water, groundwater, and purchased sources. Developed dry weather and wet weather wastewater flows. Estimated wastewater system capacity. Prepared technical memorandum. Performed mass balance study of wastewater reclamation facility, assessed WRF and WWRF. Evaluated impacts of 2035 development on City’s wastewater collection system and treatment capacity, including reclaimed water, and on the City's water distribution system and treatment capacity, including raw water, reclaimed water, and potable water. Performed WaterCAD and SewerCAD modeling. Evaluated treatment impacts and requirements. Evaluated changes in operation and pumping to maintain system pressures and water quality. Facilitated stakeholder involvement, which included various Cal Poly departments, the City, and the public. Included water rights support.

Water Distribution System Modeling and Master Plan for The Woodlands. Developed water and wastewater Master Plan. Developed and maintained water distribution system modeling.

Analyzed land use, water usage data, projected land use, and projected populations.

Developed GIS database. Estimated and projected water use demands for community with 100,000+ residents. Performed demand and fire flow modeling. Sized water distribution system elements, groundwater wells, pumps, ground storage tanks, and elevated storage tanks.

Austin Water West Rim Water Distribution System Modeling to Solve Pressure Issues. Developed water distribution system modeling. Calibrated model and evaluated system issues to pinpoint pressure problems. Performed demand and fire flow modeling. Sized water distribution system elements, groundwater wells, pumps, ground storage tanks, and elevated storage tanks.

Developed system improvements to solve pressure issues. 29

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City of Hemet Water Distribution Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Cinco Ranch Water Distribution System Modeling and Master Plan. Developed water distribution system modeling and Master Plan. Developed and maintained water distribution system modeling. Estimated and projected water use demands. Performed demand and fire flow modeling. Performed water distribution system modeling to optimize water system layout and design. Sized water distribution system elements, groundwater wells, pumps, ground storage tanks, and elevated storage tanks. Included interconnections with adjacent systems/suppliers.

Alameda County Flood Control District (ACFCD) Zone 12 Drainage Master Plan Site Study (Oakland, CA). Provided hydrologic, hydraulic, water quality, and environmental services for Zone 12 Drainage Master Plan encompassing watersheds within the City of Oakland, including Lake Merritt. Project included open channels, crossings, closed conduits, and pump stations.

Performed peer review of hydrologic and hydraulic analyses. Performed hydrologic and hydraulic analyses of closed conduit and open channel urban drainage system. Identified and analyzed water quality projects for closed conduits and open channels. Defined CIP projects.

Prepared cost estimates and recommended alternatives. Provided preliminary design and Preliminary Engineering Report (PER) assistance. Evaluated methods for sediment sampling and removal in tidally-influenced system. Evaluated likely levels of pollutants within sediment to be removed. Prepared sediment sampling plan. Developed long-term strategies to prevent future buildup of sediment in a stormwater pipe subject to frequent tidal inundation. Performed an investigation and sampling of mud to provide information regarding source and environmental/water quality factors to be considered in recommendations. Complied with OSHA requirements.

Aspen 1 of New Brighton LID and Water Quality Master Plan (Chino Hills, CA). Recommended Green Infrastructure, stormwater BMPs, and water conservation practices for 233-acre mixed use project. Performed continuous simulation and design storm event modeling for project located within old gravel mining quarry . Evaluated effect of BMPs on peak flows, runoff volumes, infiltration, evaporation, and flow durations. Developed water quality plan for project.

Developed Operations & Maintenance (O&M) Plan for BMPs. Evaluated compliance with AB 1881 for landscape efficiency. Reviewed plant palette and proposed irrigation requirements to meet project goals. Emphasized water conservation and efficiency. Incorporated California Urban Water Conservation Council (CUWCC) Best Management Practices (BMPs). Analyzed effectiveness of water conservation/efficiency BMPs using CUWCC Avoided Cost Model and Cost-Effectiveness Model to estimate savings.

Los Angeles County Public Works (LACPW) UCLA-Olive View Medical Center Master Plan EIR Hydrology and Water Quality Technical Studies (Los Angeles, CA). The UCLA-Olive View Medical Center 230-acre urban redevelopment project proposed new buildings, refurbished buildings, and significant landscaping and landscape expansion as well as interface with the LA River and broader regional flood control. Bioretention and permeable pavement were planned to utilize to reduce and treat stormwater runoff. Drip irrigation, drought-tolerant plants, and water- efficient fixtures were analyzed for a water supply assessment. Hydrologic and water quality impacts due to the project, including groundwater supply and utilization, were analyzed for the Environmental Impact Report. Watearth performed continuous simulation and design storm modeling for the proposed green infrastructure. Erosion potential and floodplain issues due to the canyon drainage systems were analyzed. Thresholds of significance for hydrology and water quality in accordance with NEPA/CEQA standards were analyzed.

Los Angeles Bureau of Engineering (LABOE) Zoo Master Plan and Zoo Vision Plan EIR Hydrology and Water Quality Technical Studies (Los Angeles, CA). Prepared water resources and sustainability sections of the Master Plan and EIR for the Los Angeles Zoo accounting major steep slope, landslide, erosion control, and liquefaction issues. Prepared treatment filtering exhibits. 30

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Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Participated in stakeholder involvement and outreach workshops. Estimated water demands, conservation, recycled water, and other conservation measures. Incorporated use of recycled water. Performed water budget analysis and evaluated stormwater treatment, wastewater treatment, and wastewater reclamation at existing Hyperion Plant. Performed two-year, ten- year, and 100-year design storm event and continuous simulation modeling in EPA SWMM for hydrology and water quality. Included stormwater, animal exhibit water, excess irrigation runoff, and wastewater from the Zoo. Included centralized storage and treatment and overflow to the LA Glendale Water Reclamation Plant and discharge to the Los Angeles River. Performed water budget modeling of centralized, underground stormwater storage and use to meet all on-site irrigation demands.

Los Angeles Bureau of Engineering (LABOE) Zoo Vision Plan EIR Hydrology and Water Quality Technical Studies (Los Angeles, CA). Prepared water resources and sustainability sections of the Vision Plan EIR for the Los Angeles Zoo accounting major steep slope, landslide, erosion, and liquefaction issues. Included SWMM modeling. Prepared treatment filtering exhibits.

Incorporated use of recycled water. Performed water budget analysis and evaluated stormwater treatment, wastewater treatment, and wastewater reclamation at existing Hyperion Plant. Performed two-year, ten-year, and 100-year design storm event and continuous simulation modeling in EPA SWMM for hydrology and water quality. Included centralized storage and treatment and overflow to the LA Glendale Water Reclamation Plant and discharge to the Los Angeles River. Performed water budget modeling of centralized, underground stormwater storage and use to meet all on-site irrigation demands. Historical data such as demands, construction drawings and operational procedures proved to be incomplete and piecemeal.

Watearth used a combination of historical data and estimated parameters for modeling. This was a planning-level project that needed to capture performance for the proposed stormwater capture without knowledge of the future design. Watearth performed sensitivity modeling analysis and applied engineering judgement to quantitatively and qualitatively address CEQA water quality, water supply and hydrology impacts.

Private Client Kern County Solar Plant and Energy Storage Water Supply Assessment and Demand Projections (Kern County, CA). Located in the Antelope Valley groundwater basin, this project required an SB610-compliant Water Supply Assessment (WSA) for an approximately 90- acre solar and energy storage project in Southern Kern County. Provided an SB610 WSA in support of a CEQA Environmental Impact Report (EIR) in a streamlined fashion from start to finish, dramatically reducing the technical and administrative burden on the client and provided water supply coordination. Finding a water source involved calling numerous potential sources.

City of Pleasanton Water Supply Assessment and Demands Projects (Pleasanton, CA).

Developed SB610 water supply assessment (WSA) in support of California Environmental Quality Act (CEQA) compliance for the City of Pleasanton’s (City) Housing Element Update.

Big Beau (Tropico) Solar Water Supply Assessment (Kern County, CA). Performed water supply assessment, hydrology, and water quality planning study for preliminary environmental permitting for a solar development in Kern County. Delineated drainage areas and estimated peak flows. Recommended conceptual-level drainage facilities, required water quality, and detention mitigation measures. Researched water supply providers and adjudicated water rights items. Prepared technical studies.

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Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Jeff Brizendine PE, PMP, CFM, ENV SP, Assoc. DBIA
Senior Engineer
Brizendine is an eager and enthusiastic water resources engineer with more than two decades of experience in the field. With Professional Engineer licenses in five states, an MS in Civil Engineering, and a Project Management Professional’s certificate, Brizendine’s credentials are undeniably suited to engineering and construction leadership. Brizendine leverages strong experience with large, complex, and high-profile projects in the municipal, state, regional, and federal markets and is adept at managing multiple simultaneous projects of varying complexity, including those involving civil design, stormwater, water, and wastewater disciplines.

Brizendine’s experience includes the application of GIS in engineering as well as CAD, which facilitates the ability to understand small details and practical project challenges. However, his essential qualities are his ability to communicate internally to set expectations, communicate externally to present solutions, and work handily with diverse and multidisciplinary teams.

Brizendine is a dynamic, engaging, and adaptive senior-level organization engineer and leader with a demonstrated ability to successfully manage large, complex programs and projects through the application of sound project management techniques and business practices.

Key Takeaway
Brizendine leverages broad engineering, project management, GIS, and CAD experience to expertly manage large, complex projects.

Education
• MS. Civil Engineering, University of Missouri, Columbia • BS. Mechanical Engineering, University of Missouri, Columbia Licenses & Certifications
• PE. Missouri.
• PE. Multiple Other States.
• Member, American Public Works Association
• Member, American Society of Civil Engineers
• Member, Society of American Military Engineers
• Certified Floodplain Manager (CFM)
• Certified Project Management Professional (PMP)
Experience
Senior Water Resources Engineer – Watearth 2022 to Present.

Water Group Leader - McClure Engineering Company 2018-2022. Drove marketing/business development, profitable project management, and coordination with other offices. Oversaw daily operations of water/wastewater/stormwater group, management of individual projects, identification/pursuit/capture of projects with clients throughout the local MO/KS region, and attaining group/company revenue goals.

Senior Project Manager - CDM Smith 2018-2018. Managed a variety of water resources related projects, including water needs/reallocation studies and disaster relief planning for clients such as USACE and FEMA. Responsible for all technical, personnel, and financial aspects of projects. 32

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Water Resources Group Manager/Area Business Line Manager - AECOM 2016-2017. Drove pursuits and performance, market capture, project management, and overall group profitability. Oversaw daily activities of a staff of seven engineers and support staff completing projects in stormwater and watershed management, water quality, flood prevention structures, dams, flood mitigation design, and other water resources functions.

National Business Segment Manager/Major Client Account Manager - Kleinfelder 2012-2013.

Lead levee market segment for global engineering company. Responsible for overall guidance, direction, and profitability of national market. Led and coordinated business development efforts of client account managers. Program manager for two levee evaluation and refurbishment programs valued at $100M combined program value and approximately $10M revenue annually.

Project Manager/Associate - AECOM 2004-2012. Responsible for building and leading a staff of 40+ in water resources, municipal infrastructure, and environmental practices. Office manager, lead project and business development manager. Managed projects including FEMA floodplain mapping, dams, levees, potable water, and other water resources related projects. Other clients included USACE.

Representative Projects
United States Army Fort Leavenworth Design-Build Water and Sewer System Upgrades. Design- Build projects on the Fort Leavenworth base to upgrade existing water distribution and sewer collection systems. Upgrades included installation of new water and sewer lines, retirement/replacement of existing lines, demolition of an aerial water line stream crossing and installation of a new underground stream crossing.

City of Pleasanton Water Supply Assessment for EIR (Pleasanton, CA). Developed SB610 water supply assessment (WSA) in support of California Environmental Quality Act (CEQA) compliance for the City of Pleasanton’s (City) Housing Element Update.

Caltrans District 4 Caltrans Task Order 19, ALA61 Between Davis Street and Encinal Avenue (Alameda, CA). Watearth provided the GIS-intensive hydrologic and hydraulic assessment for the proposed improvement of State Route 61 in Alameda County in the State of California. The drainage study was part of a Capital Preventive Maintenance (CAPM) project that sought to repair heavily distressed pavement locations and upgrade curb ramps to conform to current Americans with Disabilities Act (ADA) standards. Existing drainage facilities were documented and assessed for compliance with current Caltrans Standards. Preliminary drainage plans were developed for the Project Approval and Environmental Document (PA&ED) phase of the project by Watearth and will be developed into the final design at the Plans, Specifications, and Estimate (PS&E) phase.

Texas Water Development Board (TWDB) 10 HUC8 Base Level Engineering Modeling. This project synthesized existing guidance on the use of nature-based flood mitigation solutions into a single, statewide manual for Texas communities.

United States Army Corps of Engineers (USACE) – Kansas City District Southeast Missouri Water Reallocation Study. Feasibility study for reallocation of existing water supply to areas in southeast Missouri. Existing USACE reservoirs were studied for possible reallocation of water supplies via proposed pipeline to be treated at an expanded water treatment plant and then distributed to nearby towns and water districts.
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Jeremiah Sunwoo MS, EIT
Project Manager/Project Engineer
Sunwoo is an aspiring engineer with a passion for water-related issues in the modern world.

Formally trained in various computational modeling packages and programming languages, Sunwoo takes a highly technical approach to resolving environmental challenges and excels at data management on projects requiring regulatory compliance. Sunwoo has experience as an MS4 permitting expert with the Los Angeles Regional Water Board. Previous work experience includes civil design, land development, hydrology and hydraulics modeling, environmental compliance, project management, and geospatial analysis.

Sunwoo is practiced in computational modeling, land development, procedure optimization, water distribution network design, and geospatial data analysis. Sunwoo is experienced with water distribution system modeling packages including EPANET, InfoWater, InfoWorks, and WaterCAD. Sunwoo has participated or managed over 10 water system improvement projects for DWIDs and private utilities. Sunwoo has experience with state codes (AZ/CA), public agencies, project management, engineering consultation, environmental impact assessments, and federal and state project management.

Key Takeaway
Sunwoo is experienced with water distribution system modeling packages including EPANET, InfoWater, InfoWorks, and WaterCAD. Sunwoo’s expertise in water quality issues lends itself to a strong understanding of regulatory compliance applicable to fieldwork.

Education
• B.S. Environmental Sciences, University of Southern California • M.S. Civil Engineering (Hydrosystems Engineering), Arizona State University.

Licenses & Certifications
• Engineer in Training.
• FAA Part 107 (Commercial UAV Operation)
Experience (Prior 10 Years)
Project Engineer – Watearth 2022-Present
Project Manager - Engineered with Layton, PLC 2020-2022. Interfaced with clients and stakeholders throughout duration of the project. Coordinated internal quality control and standard practices. Curated company geospatial data and innovated new approaches in data processing/handling. Prepared reviews with principal-in-charge to assist in periodic reviews.

Design Engineer/Project Engineer - Engineered with Layton, PLC 2018-2020. Drafted construction documents under the guidance of principal-in-charge. Prepared and coordinated permit documents. Performed hydraulic modeling, due diligence evaluations, and internal R&D projects. Performed site investigation via remote sensing and imagery (unmanned aerial vehicles, FAA licensed).

Scientific Aid CalEPA Los Angeles Regional Water Board 2015-2016. Assisted technical staff in reviewing permit documents for MS4. Data analysis and online database management (CalEPA SMARTS). Prepared documents in support of compliance and enforcement measures by the agency.
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Representative Projects
Chino Meadows Water Company Water Distribution System Modeling for Proposed Expansion.

Developed water distribution system model for private water company in Chino Valley, Arizona.

The water company requested services for water system modeling for the proposed expansion of the Chino Meadows community. System assessment and digitization, distribution system modeling, and recommendations for infrastructure improvements were provided as part of the project.

City of Maricopa, Department Public Works Seven Ranches DWID System Assessment and Asset Mgmt. Provided assessment of a existing water utility being considered for acquisition by the City of Maricopa. Conducted review of all financial, administrative, and engineering records, created GIS-based asset management database and performed water distribution modeling.

Beaver Valley Water Co Water Distribution System Modeling and ADEQ Compliance Assistance.

Provided assessment of an existing water utility in Payson, Arizona. The water system was selected by Arizona Department of Environmental Quality through the Technical Assistance (TA) Program. Project included review of all financial, administrative, and engineering records. The existing system was surveyed and mapped in GIS-based asset management database. Water distribution modeling was performed as part of the systems analysis report.

Arroyo Water Company Water Infrastructure Improvements Design and Distribution Modeling.

Provided assessment of an existing water utility in Pumkin, Arizona. The water system was selected by Arizona Department of Environmental Quality through the Technical Assistance (TA) Program. The existing system was evaluated for compliance and recommendations were provided. Based on the initial evaluation, engineering design and specifications were provided for system improvements.

Jakes Corner Water Company Water Infrastructure Improvements Design and Distribution Modeling. Provided assessment of an existing water utility in Jakes Corner, Arizona. The water system was selected by Arizona Department of Environmental Quality through the Technical Assistance (TA) Program. The small water system within a RV Park required significant improvements to achieve compliance. As part of the project, additional opportunities for grants and loans were explored to fund the necessary improvements. Working with ADEQ and the community, fully forgivable loans were acquired for the necessary improvements through Water Infrastructure Financing Authority (WIFA) of Arizona.

Levie Group, LLC Granite Mountain Homesites Ph.3 Expansion Infrastructure Design and Distribution System Modeling. Provided engineering support for Design-Bid-Build Phase III expansion of a master planned community in Prescott, Arizona. Project included surveys, plats, construction documents, permits, bid documents, and construction management. Utility expansion included utility mapping and distribution modeling prior to design to assess existing system conditions and evaluate additional demands. Organize and execute community engagement meetings and attend Planning & Zoning meetings on behalf of the firm. Prepared community notification materials, supporting engineering documents and provided timely responses to public comments.

Cygnus Capital, LLC Majestic Views Estates DWID Water System Design Build. Provided engineering, permitting and construction oversight of well rehab and transmission line for a small utility in Flagstaff, Arizona. Well rehab included replacement of the submersible pump, construction of a new pump house, and installation of a new transmission line to tie into the distribution system.
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Resume
City of Hemet Water Distribution Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Carlos Quispe MS
Water System Modeler
Quispe is a talented Hydraulic Engineer and has over 17 years of experience in hydrology, hydraulics, GIS, data collection and analysis, and QA/QC. Quispe has developed, maintained, and updated GIS systems and used them to develop hydraulic and hydrologic analysis modeling and has field experience, including gathering data from GPS and other survey devices. In addition, Quispe updated GIS pipeline network data by importing from hydraulic models and updating databases to ensure maps are up to date in reports. Quispe has experience in data quality assurance best practices and mapping experience, including applying cartographic principles. Quispe is CAD-proficient and generates civil work plans and inspects in-situ during construction.

Key Takeaway
Quispe is a technically proficient engineer with experience in hydrology, hydraulics, GIS, data collection and analysis, QA/QC, fieldwork, mapping, modeling, and CAD.

Education
• MS. Water Resources Engineering. California State University Sacramento, CA. • BA. Mechanic of Fluids Engineering (Hydraulic-Hydrology). University National Mayor San Marcos – Lima, Peru.
• Associate of Science Degree in Geographic Information Systems (GIS). American River College Sacramento, CA.

Experience
Design Engineer - Watearth 2020-Present.

Senior Water Resources Engineer - Brown and Caldwell 2018-2020. Built and maintained district models using Infowater and WaterCAD. Executed Fire flow analysis to control the flow and pressure when a new development area is attached to the current system. Developed a UDF plan for pipeline maintenance purpose, created a list of close and open valves, a control of flushing time, and volume of water used.

GIS Assistant - California Division of Boating and Waterways 2016-2017. Used high tech model in feature analyst-software. Integrated HEC-GeoHMS, HEC-HMS and GIS for Hydrologic Design in Black Creek Watershed, Calaveras County. Designed a Watershed processing and Exporting Results for WEB Application (Spatial Analysis and model builder). Established sections and profile of American River using LIDAR data in HEC-GeoRAS. Designed the Water System Model for the Town of Grayson, CA using EPANET, CSUS
GIS Analyst - USGS Western Ecological Research Center 2013-2015. Applied new visual basic code instead of using ArcMap geocoding aid to convert Yacht and Boat Brokers list of addresses to XY geographical coordinate. This was imported to Arcmap for density study using Kernel method.

Cesel Ingenieros – Lima Peru 1998-2007.

Representative Projects
Sacramento Suburban Water District Hydraulic Modeling Analysis of New Transmission Main Prioritization (Sacramento, California). Successfully built and maintained the water district’s 34

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Resume
City of Hemet Water Distribution Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.
models using Infowater and WaterCAD. Executed a Fire Flow analysis to control the flow and pressure when a new development area is attached to the current system. Developed a UDF plan for pipeline maintenance purpose, resulting in minimizing the valves to be closed or opened, reduced of flushing time, and dropped the volume of water flushed.

Sacramento Suburban Water District Validate System Model for Fire Flow Modeling (Sacramento, California). Executed a Fire Flow analysis to control the flow and pressure when a new development area is attached to the current system.

Placer County Water Agency Hydraulic Modeling Analyses of the Foothill-Sunset-Ophir Water System (Placer County, California). Performed update of existing model and assessment of future CIP projects by initially gathering and reviewing data, creating the distribution network, assigning water demand based on county record, and developing a diurnal flow pattern. The model was created in Infowater importing water distribution network in GIS and assessing nodes and links for quality assurance. Furthermore, setting the tanks, pumps, and valves according to as-built and dialog with county representative. Conducted hydraulic test in the field installing flow meters and pressure readers.

Sacramento County Water Agency Creation of a Dynamic Operations Model-Hydraulic Modeling (Sacramento, California). Performed the model development from scratch, gathering and reviewing data, creating the distribution network, assigning water demand based on county record, and developing a diurnal flow pattern. The model was created in Infowater importing water distribution network in GIS and assessing nodes and links for quality assurance.

Furthermore, setting the tanks, pumps, and valves according to as-built and dialog with county representative. Conducted hydraulic test in the field installing flow meters and pressure readers.

California American Water West Placer Recycled Water System Modeling (Sacramento, California). Performed hydraulic modeling for the West Placer Recycled Water System. Included fire flow, flow and pressure control analysis, and pipeline maintenance plan.

California American Water Los Angeles Standards and Guidelines Plan Check Services (Los Angeles, CA). Provided plan check QA/QC review on an as-needed/requested basis.

Sacramento Suburban Water District USF Fire Flow Modeling Analysis (Sacramento, California).

Developed a UDF plan for pipeline maintenance purpose, resulting in minimizing the valves to be closed or opened, reduced of flushing time, and dropped the volume of water flushed.

The Marietta Board of Lights and Water Unidirectional Flushing (UDF). Developed a UDF plan for pipeline maintenance purpose, resulting in minimizing the valves to be closed or opened, reduced of flushing time, and dropped the volume of water flushed.

Portland Water Bureau Unidirectional Flushing (UDF). Developed a UDF plan for pipeline maintenance purpose, resulting in minimizing the valves to be closed or opened, reduced of flushing time, and dropped the volume of water flushed.

Jeff Haas Mazda Site Development Complex Hydraulics. Site development project adjacent to the USACE managed Barker Reservoir. Prepared hydrology and permitting. Cost estimation, hydraulic modeling, and LOMR prepared.

International Experience
• Hydrologic Studies for Tailings Dam (Lima, Peru).
• Mining Company Hydrologic studies for Tailings Dam (Lima, Peru). • Feasibility and Detailed Study of Tablachaca Tailing Mining Closure (Lima, Peru). • Feasibility and Detailed Study of Goyllarisquizga Tailing Mining Closure (Lima, Peru). • Feasibility and Detailed Study of San Antonio de Poto High Dam Raise (Lima, Peru). 35

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Resume
City of Hemet Water Distribution Analysis

Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Brian Meade
Supplementary CADD Support
Meade is a seasoned CAD designer who supports all Watearth mapping projects and reviews as-built information. Meade has more than 35 years of experience spanning the disciplines of survey and engineering design. As a survey technician and manager, Meade developed an acute understanding of the art of topographic survey and has built this wisdom into work output as a civil engineering designer. Meade’s ability to coordinate a team and pull together nuanced, detailed CAD drawings is essential to Watearth’s core values of streamlined processes and quality deliverables. Meade is highly skilled in reading map contours and visualizing terrain; he uses these skills to create highly accurate designs.

Key Takeaway
Meade has 35 years of experience, strong leadership skills, and the ability to create nuanced detailed CAD drawings and review as-built information.

Education
• AS. Mechanical Design & Drafting, State University of New York at Alfred, Alfred, New York
Affiliations
• Member, NYS Association of Professional Land Surveyors.

Experience
Civil Engineering Designer - CLA Site Landscape Architecture, Engineering & Planning 2016-2020.

Coordinated with local, state, and federal agencies to obtain permits, including stormwater, wetlands, stream altercation, and ACOE permits. Completed public and private site development and utility projects, including scoping, conceptual and final design, permitting, and construction administration.

High Precision Site Survey Manager - Ewell W. Finley P.C. Consulting Engineers 2014-2016.

Planned, scheduled, and coordinated construction layout in Semiconductor Fab. Ran high precision control network systems for building wide control. Stakeout and verified placement of microchip tools to one millimeter accuracy.

Project Surveyor - Ingalls and Associates 2011-2014. Directed and supervised work of subordinate members of surveying parties. Evaluated field/record data and produced survey/civil drawings using AutoCAD, Civil 3D 2010. Prepared descriptions of property boundary surveys for use in deeds, leases, or other legal documents.

Representative Projects
• Town of Bethlehem New Municipal Water System.
• Los Angeles County Public Works (LACPW) Adventure Park As-Built Review (Los Angeles County, CA).
• Industrial Client Drainage and Detention Modeling and Design for 100-acre Liquified Natural Gas Site Inside Levee Detailed CADD drawings.
• City of Austin Walnut Creek Thompkins Tributary At Lavinia Lane Stream Landscape CADD-ready graphic.
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Resume
City of Hemet Water Distribution Analysis
Modern modeling by a hydraulics focused Southern California firm. © Watearth, Inc. 2022. Do Not Copy.

Jeremy Liby GIS
GIS Support
Liby is a talented GIS Specialist and Geologist with over a decade of experience in data collection and analysis, GIS, and producing technical graphics using a variety of tools such as ArcGIS and CADD. In the field, Liby’s experiences include conducting PH I and II Environmental Site Assessments (ESAs), soil sampling, wetland delineations, and field crew/subcontractor project management. Liby has a strong understanding of ArcGIS software and its capabilities and has used it for complex spatial analysis and to generate visual representations of spatial data.

Key Takeaway
As a GIS Specialist and Geologist, Liby has a strong background in GIS and fieldwork with proficiencies in ArcGIS and CADD.

Education
• BS. Geology. University of Colorado.

Licenses & Certifications
• GIS Certificate. University of Denver.
• First Aid/CPR-AED. National Safety Council (NSC).

Experience
Environmental Scientist/GIS Specialist – Watearth 2020-Present.

GIS Design Professional - Worley/Jacobs 2015-2020. Georeferenced, digitized, edited, and created cartographic field layouts for various environmental and pipeline projects. Analyzed spatial pipeline data.

Geological Technician – Cade Oil and Gas, LLC 2013-2015. Used Petra to create prospecting reports by downloading raster tags, analyzing well logs, calibrating well logs, picking formation tops, annotating shows on maps, and creating cross sections.

Geological Technician Intern – Robert Zinke 2010-2011. Compiled a well log databased, analyzed well logs, created contour maps and cross sections of key formations, generated production maps to evaluate potentially prospective areas.

Representative Projects
• City of Pleasanton Water Supply Assessment for EIR (Pleasanton, CA). • Los Angeles County Public Works (LACPW) Rubio Wash Hydrology and 1D/2D Hydraulics Drainage Study for Stormwater Infrastructure Improvement Master Plan (Los Angeles, CA). • Texas Water Development Board (TWDB) Assessing the Cumulative Effects of Water Management Strategies on Environmental Flow Standards.
• Tinker Air Force Base Data Management and GIS Exhibit Preparation. • Hess Corporation Generation of GIS Pipeline Routes and Web Mapping. • Creekside Hills (Lower Cowhouse Creek) Watershed Study, Terrain Mapping, Floodplain and
Floodway Delineations, H&H, and LOMR.
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Principal
Managing
Engineer
Project Manager
Project Engineer
Water System
Modeler
GIS Specialist
Technical Editor
Project Controls
290.00 $ 225.00 $ 130.00 $ 140.00 $ 125.00 $ 135.00 $ 100.00 $ 160.00 $ Task 1: Preliminary Data Review
a Data Collection and Evaluation 0.0 0.0 4.0 4.0 12.0 4.0 0.0 0.0 24.0 3,120.00$ b Identify Gaps In Data 0.0 0.0 4.0 2.0 2.0 1.0 0.0 0.0 9.0 1,185.00$ c Coordinate Project Kickoff Meeting 0.5 0.5 8.0 2.0 1.0 1.0 0.0 1.0 14.0 1,997.50$ Subtotal Task 1 0.5 0.5 16.0 8.0 15.0 6.0 0.0 1.0 47.0 6,302.50$ Task 2: Existing Systems Evaluation
a Site Reconnaissance (Ex. Systems Eval) 1.0 1.0 4.0 4.0 16.0 8.0 1.0 0.0 35.0 4,775.00$ b Validate and Address Gaps in Data 0.0 1.0 4.0 2.0 8.0 4.0 0.0 0.0 19.0 2,565.00$ d Existing System Evaluation 0.5 1.0 8.0 8.0 24.0 16.0 0.0 0.0 57.5 7,690.00$ e Coordinate Utility Location Svcs
e.1 Meeting with Hemet staff (discuss operations and controls) 0.0 1.0 4.0 2.0 0.0 0.0 0.0 1.0 8.0 1,185.00$ f Ex. Systems Summary Memorandum 0.5 1.0 8.0 8.0 8.0 4.0 1.0 0.0 30.5 4,170.00$ Subtotal Task 2 2.0 5.0 28.0 24.0 56.0 32.0 2.0 1.0 150.0 20,385.00 $ Task 3: Flow Testing Coordination
a
Coordinate Flow Testing
a1. Develop a field testing plan for calibration
a2. Submit draft Field testing plan for City of Hemet review a3. Conduct field testing with City of Hemet staff
a4. Update model with field test calibration results

0.0 1.0 24.0 24.0 24.0 0.0 0.0 1.0 74.0 9,865.00$
b Summary Memorandum of Results 0.0 1.0 8.0 8.0 16.0 0.0 1.0 0.0 34.0 4,485.00$ Subtotal Task 3 0.0 2.0 32.0 32.0 40.0 0.0 1.0 1.0 108.0 14,350.00 $ Task 4: First Model Run
a
Model Development
a1. Water system demand allocation
a2. Development of diurnal flow pattern
a3. Existing system maximum day demand
a4. Create the distribution networ
k

2.0 8.0 32.0 32.0 180.0 24.0 0.0 0.0 278.0 36,760.00 $
b
Model Calibration & Validation
b1. Validate model settings
b2. Validate facility size and configurations

2.0 4.0 12.0 12.0 40.0 8.0 0.0 0.0 78.0 10,800.00 $
c First Model Run Summary Report 2.0 6.0 24.0 8.0 40.0 8.0 3.0 0.0 91.0 12,550.00 $ Subtotal Task 4 6.0 18.0 68.0 52.0 260.0 40.0 3.0 0.0 447.0 60,110.00 $ Totals
Task
Total Hours
1 Cost Proposal for
Watearth Proposal for Water System Distribution Analysis Rates valid FY2022 and 2023. Subject to escalation thereafter.

Invoices will be submitted monthly on a percent-complete basis per the lump sum budget.

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Principal
Managing
Engineer
Project Manager
Project Engineer
Water System
Modeler
GIS Specialist
Technical Editor
Project Controls
290.00 $ 225.00 $ 130.00 $ 140.00 $ 125.00 $ 135.00 $ 100.00 $ 160.00 $ Totals Task
Total Hours
Task 5: Second Model Run
a
Develop Solutions for Deficiencies
a1. Develop solutions for existing deficiencies
a2. Develop solutions for existing fire flow demand

2.0 8.0 24.0 24.0 120.0 16.0 0.0 0.0 194.0 26,020.00 $
b Second Model Run Summary Report 2.0 6.0 16.0 8.0 32.0 8.0 2.0 0.0 74.0 10,410.00 $ Subtotal Task 5 4.0 14.0 40.0 32.0 152.0 24.0 2.0 0.0 268.0 36,430.00 $ Task 6: Third Model Run
a
CIP Modeling Optimization
a1. Add future evaluation scenarios
a2. Model evaluation pre improvements models runs
a3. Model evaluation with im
provements models runs

2.0 8.0 24.0 24.0 120.0 16.0 0.0 0.0 194.0 26,020.00 $
b Third Model Run Summary Report 2.0 6.0 16.0 8.0 32.0 8.0 2.0 0.0 74.0 10,410.00 $ Subtotal Task 6 4.0 14.0 40.0 32.0 152.0 24.0 2.0 0.0 268.0 36,430.00 $ Task 7: Final Transmission of Files
a Modeling/GIS File Conversion and Transmission 0.0 1.0 2.0 2.0 0.0 2.0 0.0 1.0 8.0 1,195.00$ Subtotal Task 7 0.0 1.0 2.0 2.0 0.0 2.0 0.0 1.0 8.0 1,195.00$ Subtotal All Tasks 16.5 54.5 226.0 182.0 675.0 128.0 10.0 4.0 1296.0 175,202.50 $ PERCENT BY CATEGORY 1.27% 4.21% 8.72% 14.04% 52.08% 9.88% 0.77% 0.31% Expenses
Mileage (4 trips @ 120mi RT @ $0.625/mi) 300.00$
Software Fee (Infowater Pro) 10,000.00$
Equipment Cost (Hydrant Flow Test Kit, Pressure Transducers) 13,800.00$ Subtotal Expenses 24,100.00$
Subconsultants
Utility Location Svcs (not included, subject to scope change) -$ Subtotal Subconsultant Fees -$
199,302.50$ Overall Total
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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Charles Russell, Public Works Operations Manager;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of a Custom 2-5 Play Structure and GT-Impax-Poured in Place Surfacing to GameTime in the Amount of $199,725.22 Utilizing the OMNIA Co ntract #201700134 and Authorizing the Interim City Manager to Execute All Documents Related to the Agreement Including a 10% Contingency of $19,972.52 if Necessary

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of a Custom 2-5 Play Structure and GT-Impax-Poured in Place Surfacing to GameTime in the Amount of $199,725.22 Utilizing the OMNIA Contract #201700134 and Authorizing the Interim City Manager to Execute All Documents Related to the Agreement Including a 10% Contingency of $19,972.52 if Necessary.

BACKGROUND:

Mary Henley Park is a City of Hemet Park that was established in 1993 and is located at the northwest corner of Johnston Ave. and Kirby Street. The Public Works Parks Division is responsible for the care and maintenance of the turf, trees, and all of its amenities. It contains two playground areas, a half basketball court, park benches, tables, gazebos, a large turf area, restrooms, and a newly constructed outdoor fitness court.

At a Special City Council Meeting held on March 4, 2022, City Council discussed proposed American Rescue Plan Act (ARPA) projects along with a host of alternat ive projects, and City Council approved a project for improvements at Mary Henley Park.

The tot lot playground play structure and the pour -in-place surfacing in the south playground have reached the end of their useful life due to wear and tear and exposure to the elements and are in need of replacement.

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ANALYSIS:

This project involves the removal of the existing play structure and poured in place surfacing and the installation of a new play structure and poured in place surfacing at the tot lot playground located at the south end of Mary Henley Park.

In an ongoin g effort to operate in a financially sustainable manner, the Public Works Department is taking advantage of a Cooperative Purchase Agreement awarded to GameTime by OMNIA contract #201700134. Cooperative Purchase Agreements allow the City to secure pricing that has been established through competitive bidding efforts of federal, state, and local government agencies. This process benefits the City by expediting bid awards and avoiding costs related to staff time required for the development of bid specifications, advertisement, and bid openings.

DISCUSSION:

The proposed tot lot equipment and play surface replacement is a portion of the ARPA improvement project that the Council allocated a total of $696,215. Public Works staff has divided the overall improvement project into several different improvement categories that are being bid out and completed separately. This particular portion of the overall project will improve Mary Henley Park's tot lot area and renew its service life to the community.

Parks and recreation areas are community spaces where adults and children play, exercise, and gather.

The proposed play structure and poured in place surfacing creates an inclusive play environment and will encourage children, adults and families of all abi lities to experience the benefits of recreation together.

PREVIOUS COUNCIL ACTION:

March 4, 2022, Special City Council Meeting - City Council approved the ARPA project for park improvements at Mary Henley Park.

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: Enhance the visual appearance of the community to make it attractive and reduce blight.

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 FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

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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:

There is no impact to the General Fund. Funding for this ARPA project is budgeted in account 270 - 5739-5400 in the FY 22/23 budget.

The itemized project cost is as follows:

Tot Lot Play Structure $ 87,792.22
Poured In Place Surfacing $ 108,923.00
Payment and Performance Bond $ 3,010.00
Contingency of 10% $ 19,972.52
Total $ 219,697.74

ALTERNATIVE(S):

1. Do not approve the purchase and installation of the play structure and poured in place surfacing.

2. Provide alternative direction to City staff.

REVIEWED BY LEGAL:

☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution
Attachment 2: Proposal for Play Structure
Attachment 3: Proposal for Poured in Place Surfacing
Attachment 4: Agreement for Minor Construction Services

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CITY COUNCIL RESOLUTION 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 AN

AGREEMENT FOR THE PURCHASE AND
INSTALLATION OF A CUSTOM 2-5 PLAY

STRUCTURE AND GT-IMPAX-POURED IN PLACE

SURFACING TO GAMETIME IN THE AMOUNT OF
$199,725.22 UTILIZING THE OMNIA CONTRACT
#201700134 AND AUTHORIZING THE INTERIM

CITY MANAGER TO EXECUTE ALL DOCUMENTS

RELATED TO THE AGREEMENT INCLUDING A
10% CONTINGENCY OF $19,972.52 IF

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

WHEREAS, Mary Henley Park is a City of Hemet Park that
was established in 1993 and is located at the north west corner of Johnston Ave. and Kirby St.; and
WHEREAS, the Public Works Parks Division is responsible for the care and
maintenance of the turf, trees and all of Mary Henley Park’s amenities; and
WHEREAS, on March 4, 2022, City Council approved an
American Rescue Plan Act project for park improvements at Mary Henley Park; and
WHEREAS, the tot lot play structure and the pour in place surfacing located in the south playground at Mary Henley Park has reached the end of its useful life due to age, wear and tear, and exposure to the elements; and

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CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, the replacement of the tot lot play structure and pour in place surfacing will renew the service life of the facility for the community; and
WHEREAS, playground play structures and poured in place surfacing creates an inclusive play environment that encourages children, adults and families of all abilities to experience the benefits of play together.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:

SECTION 1.The above recitals are all true and correct.

SECTION 2. Awards an agreement for the purchase and
installation of a Custom 2-5 Play Structure and GT-Impax-Poured in Place Surfacing to GameTime in the amount of $199,725.22 utilizing the OMNIA Contract #201700134.

SECTION 3.Authorizes the Interim City Manager to execute all documents related to the agreement.

SECTION 4.Authorizes the Interim City Manager to utilize a 10% contingency in the amount of $19,972.52 in execution of the project if necessary.

SECTION 5. This Resolution shall take effect upon its
adoption.

PASSED, APPROVED AND ADOPTED this 13 th day of
December 2022.

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CITY COUNCIL RESOLUTION NO. 2022-xxx
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY COUNCIL RESOLUTION 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 13 th day of December 2022, and was passed by the following vote:

AYES: Council Members: None.

NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk

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Proposal for
City of Hemet
Prepared by
10-13-2022
Job # 107815-03
Mary Henley Park Play Structure
435-760-5103 | gwpark.com

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PALETTE COLOR SELECTIONS
Project: Approved by:______________________________________ Surfacing:

P

RIMARY PALETTES

NATURAL PALETTES

CONTEMPORARY PALETTES

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Total Elevated Play ComponentsTotal Different Types Of Ground Level ComponentsTotal Accessible Ground Level Components ShownTotal Elevated Components Accessible By TransferTotal Elevated Play Components Accessible By RampRepresentativeThis playequipment isrecommendedfor children agesRequiredRequiredRequiredRequiredThis drawing can bescaled only when inan 18" x 24" format Minimum Area Required:Scale:Drawing Name:Date:Drawn By: This Unit includes play events androutes or travel specifically designedfor special needs users. It is theopinion of the manufacturer thatthese play events and routes oftravel conform to the accessibilityrequirements of the ADA (Americanswith Disabilities Act) IMPORTANT: Soft resilient surfacingshould be placed in the use zones of allequipment, as specified for each type ofequipment, and at depths to meet thecritical fall heights as specified by the U.S.consumer Product Safety Commission,ASTM standard F 1487 and CanadianStandard CAN/CSA-Z-614 C E R T I F I E D150 PlayCore Drive SEFort Payne, AL 35967www.gametime.com1 4 0 0 1CERTIFIED City of HemetMary Henley ParkHemet, CAGreat WesternBR10/13/2022107815-03-Opt 12-5-- 11-- 116 64 43 SALES REP TYLER KYRIOPOULOS [email protected] N

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City of Hemet
Attn: Ross Cortz
3777 Industrial Avenue
Hemet, CA 92545
[email protected]
Ship to Zip92545
Qty Part # Description List $ Selling $ Ext. Selling $
1 RDU GameTime - Custom 2-5 Play Structure-
Reference Drawing 107815-03-Opt 1
$57,273.00$38,139.96 $38,139.96
1 RDU GameTime - Swings $2,711.00 $2,511.11 $2,511.11
1 6280I GameTime - Fox Spring Rider $1,345.00 $1,129.80 $1,129.80 1 6282I GameTime - Raccoon Spring Rider $1,345.00 $1,129.80 $1,129.80 1 5178 GameTime - Welcome Sign (2-5) $713.00 $627.44 $627.44 1 INSTALL Install - MOBILIZE EQUIPMENT AND MATERIALS-
Prevailing Wage
$1,830.00 $1,830.00 $1,830.00
1 INSTALL Install - DEMO AND DISPOSE OF EXISTING EQUIPMENT- Prevailing Wage
$4,270.00 $4,270.00 $4,270.00
1 INSTALL Install - INSTALLATION-

INSTALLATION ONLY OF GAMETIME PLAY EQUIPMENT - REFER TO DRAWING 107815-03-OPT 1
Prevailing Wages
$29,565.00$29,565.00 $29,565.00
Contract: OMNIA #2017001134 Sub Total $79,203.11
Freight $4,779.53
Tax $3,809.58
Total $87,792.22
Comments
Your Sales Rep is Tyler Kyriopoulos. Please reach out to Tyler at 435-760-5103 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL-To include a Payment and Performance Bond, please add $1345 plus tax if applicable.

Shipping to Site:
801 Kirby St
Hemet, CA 92545
Customer to confirm site address at time of order
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Prevailing wage

GameTime Omnia Contract #201700134
OMNIA # 1036738
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/13/2022
Quote #
107815-03-01
Mary Henley Park Playground

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Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968

Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card:  If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment.  This fee is shown as a separate line item and included in the total amount charged to your credit card.  You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:

ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.

STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.

FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.

UTILITIES: Owner is responsible for locating any private utilities.

ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/13/2022
Quote #
107815-03-01
Mary Henley Park Playground

21.W

ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Accepted By (printed): _________________________________ Title: ________________________________

Purchase Amount: $87,792.22 Date: _______________________________

________________________________________________________________ Customer Signature

Please fill out this ORDER FORM, this is required to process the order.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/13/2022
Quote #
107815-03-01
Mary Henley Park Playground

21.W

GameTime Division
PlayCore Wisconsin, Inc.
150 PlayCore Drive SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Website: http://www.gametime.com/

QUALIFICATION STATEMENT FOR FURNISHING PLAYGROUND AND

ANCILLARY EQUIPMENT, SAFETY SURFACING, & INSTALLATION SERVICES

The GameTime Division of PlayCore Wisconsin, Inc., in collaboration with your local GameTime regional sales representative agency, seeks to prequalify, first as a manufacturer and vendor of park and playground equipment, and secondly as a first-tier subcontractor to furnish and install safety surfacing.

Additionally, we are positioned to provide installation services through our network of factory-trained and certified installers. As this submittal attests, GameTime is fully qualified to provide the necessary equipment and services to fulfill requirements of the most demanding project.

GameTime has been manufacturing commercial play ground apparatus continuously since 1929. The GameTime Division is a vertically integrated company with extensive design, manufacturing, distribution and installation capabilities. With 400,000 sq. ft. under roof on an 81-acre facility devoted solely to the manufacture of playground equipment, GameTime is well equipped to handle orders of any size. Seasonal weekly production can exceed $2,850,000. Daily inventory often exceeds $6,000,000. GameTime does all metal fabrication, rotationally molded plastic, PVC coating and powder coating “in-house”. Once an order is entered, GameTime delivers equipment to its customers within 21 to 30 days.

GameTime currently employs 400 people in the des ign and manufacture of commercial playground and recreation equipment. The staff includes five industrial designers, four product managers, three structural engineers, a landscape architect, and eight CAD operators in the product development, design and processing groups. The GameTime office staff total 112. Additionally, a number of consultants collaborate in key areas.

GameTime products are distributed in the United States by a network of 13 domestic independent sales organizations employing 130 sales and 98 support personnel. Seventeen international distributors market GameTime products worldwide.

GameTime conducts “GT College” annually and holds seminars throughout the year to disseminate the latest in product improvements and new design directions, computer technology, safety compliance, risk management, installation techniques, ADA requirements, and related topics. Staff members are CPSI certified playground safety inspectors. GameTime provides local on-site playground design services utilizing laptop computers with exclusive GTCAD programing; furnishes CPSI safety audits; equipment selection consultations; safety surfacing materials; and installation by “factory-certified” installers for complete “turnkey” packages. On average, GameTime sales agencies have been serving customers for 32 years.

Originally founded in Michigan, GameTime division headquarters and manufacturing relocated to Fort Payne, Alabama U.S.A. in 1979. In March of 1997, PlayCore Wisconsin, Inc., a wholly owned subsidiary of PlayCore, Inc. (AMEX: PCO), acquired GameTime, Inc. Chartwell Investments acquired all issued and outstanding shares of PlayCore stock in April 2000, and the company became privately held. Irving Place Capital (formerly Bear Stearns Merchant Banking), together with company management, purchased PlayCore in February 2007. On May 30, 2014 PlayCore was acquired by Sentinel Capital Partners, a New

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GAMETIME PREQUALIFICATION STATEMENT

York middle-market private equity firm which subsequently sold the company to Court Square Capital Partners https://www.courtsquare.com/, Park Avenue Plaza, 55 East 52nd Street, 34th Floor, New York, NY 10055 on October 2, 2017. PlayCore product sales for 2021 are expected to exceed $650,000,000.

PlayCore is a leading designer, manufacturer, and marketer of a broad range of commercial playground and park equipment, safety surfacing, site amenities, fitness, and related products. PlayCore currently operates seven distribution locations; four core manufacturing facilities; and ten specialized manufacturing sites. The PlayCo re Federal Identification Num ber is 39-1720480; DUNS Number 006639710 and CAGE Code 84308.

We submit this as verification GameTime is financially sound, experienced, and well positioned to provide a full-solution, total turnkey package for playground equipment and related services from design to final inspection. As a privately-held company, Court Square Capital Partners refrains from distribution of financial data on segments of its investment portfolio that may be subject to public disclosure. Should further financial particulars on PlayCore be necessary, kindly contact Ms. Joni Manley, Vice President Finance and Accounting, 423/648-5890, [email protected].

We certify the information submitted herein is true and correct.

GAMETIME DIVISION
Clint Whiteside

Sales Administration Project Manager

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Proposal for
City of Hemet
Prepared by
10-13-2022
Job # 107815-02
Mary Henley Park Surfacing
435-760-5103 | gwpark.com

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City of Hemet
Attn: Ross Cortz
3777 Industrial Avenue
Hemet, CA 92545
[email protected]
Ship to Zip92545
QuantityPart # Description Unit Price Amount
3960 PIP GT-Impax - Poured in Place Surfacing-
**List Price $104108.40, discounted per Omnia Contract
3960 sf, 8' CFH
Includes 50/50 std epdm and black - tbd
No Design, No TTA pads
Aromatic Binder
Prevailing Wages
Based on good job access, no design
$21.55$85,338.00
1 INSTALLInstall - MOBILIZE EQUIPMENT AND MATERIALS-
Prevailing Wages
$1,830.00 $1,830.00
1 INSTALLInstall - DEMO AND DISPOSE OF EXISTING POUR IN PLACE RUBBER SURFACING.

APPROXIMATELY 3,960 SQFT.-
Prevailing Wages
$19,315.00$19,315.00
1 INSTALLInstall - RE-GRADE AND COMPACT SUB BASE MATERIALS. APPROXIMATELY 3,960 SQFT.- Prevailing Wages
$2,440.00 $2,440.00
Contract: OMNIA #2017001134 Sub Total$108,923.00
Total$108,923.00
Comments
Your Sales Rep is Tyler Kyriopoulos. Please reach out to Tyler at 435-760-5103 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL-To include a Payment and Performance Bond, please add $1665 plus tax if applicable.

Shipping to Site:
801 Kirby St
Hemet, CA 92545
Customer to confirm site address at time of order
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Prevailing wage

GameTime Omnia Contract #201700134
OMNIA # 1036738
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/13/2022
Quote #
107815-02-01
Mary Henley Park Surfacing

21.W

Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968

Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card:  If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment.  This fee is shown as a separate line item and included in the total amount charged to your credit card.  You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:

ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.

STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.

FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.

UTILITIES: Owner is responsible for locating any private utilities.

ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/13/2022
Quote #
107815-02-01
Mary Henley Park Surfacing

21.W

ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Accepted By (printed): _________________________________ Title: ________________________________

Purchase Amount: $108,923.00 Date: _______________________________

________________________________________________________________ Customer Signature

Please fill out this ORDER FORM, this is required to process the order.

GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/13/2022
Quote #
107815-02-01
Mary Henley Park Surfacing

21.W

GameTime Division
PlayCore Wisconsin, Inc.
150 PlayCore Drive SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Website: http://www.gametime.com/

QUALIFICATION STATEMENT FOR FURNISHING PLAYGROUND AND

ANCILLARY EQUIPMENT, SAFETY SURFACING, & INSTALLATION SERVICES

The GameTime Division of PlayCore Wisconsin, Inc., in collaboration with your local GameTime regional sales representative agency, seeks to prequalify, first as a manufacturer and vendor of park and playground equipment, and secondly as a first-tier subcontractor to furnish and install safety surfacing.

Additionally, we are positioned to provide installation services through our network of factory-trained and certified installers. As this submittal attests, GameTime is fully qualified to provide the necessary equipment and services to fulfill requirements of the most demanding project.

GameTime has been manufacturing commercial play ground apparatus continuously since 1929. The GameTime Division is a vertically integrated company with extensive design, manufacturing, distribution and installation capabilities. With 400,000 sq. ft. under roof on an 81-acre facility devoted solely to the manufacture of playground equipment, GameTime is well equipped to handle orders of any size. Seasonal weekly production can exceed $2,850,000. Daily inventory often exceeds $6,000,000. GameTime does all metal fabrication, rotationally molded plastic, PVC coating and powder coating “in-house”. Once an order is entered, GameTime delivers equipment to its customers within 21 to 30 days.

GameTime currently employs 400 people in the des ign and manufacture of commercial playground and recreation equipment. The staff includes five industrial designers, four product managers, three structural engineers, a landscape architect, and eight CAD operators in the product development, design and processing groups. The GameTime office staff total 112. Additionally, a number of consultants collaborate in key areas.

GameTime products are distributed in the United States by a network of 13 domestic independent sales organizations employing 130 sales and 98 support personnel. Seventeen international distributors market GameTime products worldwide.

GameTime conducts “GT College” annually and holds seminars throughout the year to disseminate the latest in product improvements and new design directions, computer technology, safety compliance, risk management, installation techniques, ADA requirements, and related topics. Staff members are CPSI certified playground safety inspectors. GameTime provides local on-site playground design services utilizing laptop computers with exclusive GTCAD programing; furnishes CPSI safety audits; equipment selection consultations; safety surfacing materials; and installation by “factory-certified” installers for complete “turnkey” packages. On average, GameTime sales agencies have been serving customers for 32 years.

Originally founded in Michigan, GameTime division headquarters and manufacturing relocated to Fort Payne, Alabama U.S.A. in 1979. In March of 1997, PlayCore Wisconsin, Inc., a wholly owned subsidiary of PlayCore, Inc. (AMEX: PCO), acquired GameTime, Inc. Chartwell Investments acquired all issued and outstanding shares of PlayCore stock in April 2000, and the company became privately held. Irving Place Capital (formerly Bear Stearns Merchant Banking), together with company management, purchased PlayCore in February 2007. On May 30, 2014 PlayCore was acquired by Sentinel Capital Partners, a New

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GAMETIME PREQUALIFICATION STATEMENT

York middle-market private equity firm which subsequently sold the company to Court Square Capital Partners https://www.courtsquare.com/, Park Avenue Plaza, 55 East 52nd Street, 34th Floor, New York, NY 10055 on October 2, 2017. PlayCore product sales for 2021 are expected to exceed $650,000,000.

PlayCore is a leading designer, manufacturer, and marketer of a broad range of commercial playground and park equipment, safety surfacing, site amenities, fitness, and related products. PlayCore currently operates seven distribution locations; four core manufacturing facilities; and ten specialized manufacturing sites. The PlayCo re Federal Identification Num ber is 39-1720480; DUNS Number 006639710 and CAGE Code 84308.

We submit this as verification GameTime is financially sound, experienced, and well positioned to provide a full-solution, total turnkey package for playground equipment and related services from design to final inspection. As a privately-held company, Court Square Capital Partners refrains from distribution of financial data on segments of its investment portfolio that may be subject to public disclosure. Should further financial particulars on PlayCore be necessary, kindly contact Ms. Joni Manley, Vice President Finance and Accounting, 423/648-5890, [email protected].

We certify the information submitted herein is true and correct.

GAMETIME DIVISION
Clint Whiteside

Sales Administration Project Manager

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AGREEMENT FOR

MINOR CONSTRUCTION SERVICES
Between

THE CITY OF HEMET,
a municipal corporation

and

PLAYCORE WISCONSIN, INC.,
a Wisconsin corporation

Dated: December 14, 2022

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1 AGREEMENT FOR

MINOR CONSTRUCTION SERVICES

This Agr eement for Minor Construction Services (“ Agreement”) is entered into as of the date referenced on the cover page (“ Effective Date ”) between the City of Hemet, a California municipal corporation (“ City”) and PlayCore Wisconsin, Inc . (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. SCOPE OF SERVICES

1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is through June 30, 2023 commencing on the Effective Date (“Term”).

1.2 Contractor Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those minor construction s ervices specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City.

Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3 E
xtra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“ Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.4 S
chedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance ”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

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2 1.5 General Warranty . Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work w hich has not been removed and any non- conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warrant y provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non- conformance of the S ervices, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non- disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without

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3 the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

In compliance with federal, state and City procurement regulations, the City obtained competitive pricing for the Project using the OMNIA Cooperative Agreement with Contractor, contract # 2017001134 attached hereto and incorporated herein by reference as Exhibit “G” [Cooperative Agreement].

2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall descri be the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor .

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.

Contractor will determine the means, methods and details of performing the Services subject to the req uirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s offic ers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights.

3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

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4 3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA (California Division of Occupational Safety and Health) requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Craf ts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 H
ours of Work . To the extent applicable, Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 P ayroll Records . To the extent applicable, in accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

3.6.4 P
revailing Wage Laws . To th e extent applicable, Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“ Prevailing Wage Law s”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

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5 3.7 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Ac
tion . For purposes of this Agreement, “ Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non- binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 C
osts and Expenses. For purposes of this Agreement, “ Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount,

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6 actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs , special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq .; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq .; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq .; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq .; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq .; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq .; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq .; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq .; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter -Cologne Water Quality Control Act, Water Code §13000, et seq ., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally

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7 accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

5.2 Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of C ontractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written

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8 concurrence of t he Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

SECTION 7. BONDS

7.1 Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not -to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions . Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those n on-disputed Services that have been

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9 adequately rendered to City, and Contractor shall be entitled to no further compensation.

8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to tim ely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty -five (45) day period to c ure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage . Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Liquidated Damages . The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely prov ide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefor e, in addition to City’s right to treat such non- performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, repr esent a reasonable estimate of the monetary damages that reasonably c ould be anticipated and that proof of actual damages would be costly or impractical. The Parties sp ecifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election deduct any assessed liq uidated damages from payment due, or that will become due, to Contractor from City.

9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to

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10 causes beyond the control of Contractor. 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, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

9.5 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 the Agreement.

9.6 Governing Law. 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 in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.

9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, is the entire, complete, final 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 Contractor 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 vali d and binding.

9.8 Severability. If a 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 provisions of this Agreement shall not be affected ther eby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, per centage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have 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. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

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11 9.11 No Third Party Beneficiaries . There are no intended thi rd party beneficiaries of any right or obligation assumed by the Parties.

9.12 Delivery Of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s 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 ot her proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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

9.19 Administration and 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 9.10 [Amendment] and the City Manager’s contracting authority under the Hemet Municipal Code.

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12 IN WITNESS WHEREOF , the P arties hereto have caused this Agreeme nt to be executed the day and year first above written.

AGENCY:

City of Hemet
By:

Eddie Pust, Interim City Manager
CONTRACTOR:

PlayCore Wisconsin, Inc.

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk

Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney

State Contractor License No. & Class

DIR Registration No. & Exp

Street Address

City, State, Zip Code
NOTE: SERVICE PROVIDER’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 SERVICE PROVIDER’S BUSINESS ENTITY.

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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.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )
COUNTY OF _______________ )
On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n 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 of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
 Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )
COUNTY OF _______________ )
On ____________________, 20__, before me,
,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
 Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General
 Attorney-In-Fact Number Of Pages
 Trustee(s)
 Guardian/Conservator
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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EXHIBIT “A”

SCOPE OF SERVICES

Mary Henley Park
• Demo and remove existing playground equipment and poured in place surfacing • Provide and install new playground equipment
• Provide and install new poured in place surfacing

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE

1. Upon award of Agreement, Contractor shall start work within ten (10) business days after a purchase order has been issued by the City.

2. The Public Works Operations Manager, Charles Russell, will be the City’s project manager for this work. Upon award of the Agreement, Contractor will provide the project manager with the work schedule (in writing) a minimum of three days prior to commencement of work.

3. The project manager is to be notified daily, at (951)765- 3810 or (951)765-3807, where the Contractor will be working.

4. The project manager will be notified immediately when the Contractor is unable to perform the work and whenever any non- personnel or property related accident occurs while performing the specified contract work.

5. If additional work is required by the City, an estimate of cost shall be submitted by the Contractor to the project manager, prior to work being undertaken.

Additional work may not commence until a change order has been issued to the Contractor by the City’s purchasing division.

6. Services shall be completed before but no later than June 30, 2023.

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EXHIBIT “C”

COMPENSATION

I. Contractor shall use the following rates of pay in the performance of the Services:
a.

b.

c. Payment and Performance Bonds $3,010.00

II. The total compensation for the Services shall not exceed One Hundred and Ten Thousand Five Hundred and Eighty-Eight Dollars ($199,725.22).

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EXHIBIT “D”

REPRESENTATIVES

CITY’S REPRESENTATIVE
City of Hemet
Public Works
Attn: Charles Russell
3777 Industrial Ave.

Hemet, California 92545
(951) 765-3810

CONTRACTOR’S REPRESENTATIVE
PlayCore Wisconsin, Inc.

Attn: Myles Harvey
150 PlayCore Drive SE
Fort Payne, Alabama 35967
(805) 320-9007

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EXHIBIT “E”

BONDS REQUIRED

PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, C ITY OF HEMET (Owner) has awarded to PlayCore Wisconsin, Inc. as Principal, dated the 24th day of November, 2022 (the Contract), titled the City of Hemet Mary Henley Park Surfacing and Equipment in the amount of $ 199,725.22, which Contract is by this reference made a part hereof, for the work of the following Contract:

Mary Henley Park Surfacing and Equipment

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ 199,725.22), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions,

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and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08 Correspondence or claims relating to this bond shall be se nt to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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CONSTRUCTION PERFORMANCE BOND

THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated November 24, 2022 is in the amount of $199,725.22 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to PlayCore Wisconsin, Inc. (Contractor), (Surety), CITY OF
HEMET (Owner), or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

PlayCore Wisconsin, Inc.

Address Principal Place of Business

City/State/Zip City/State/Zip

CONSTRUCTION CONTRACT: Welcome to Mary Henley Park Surfacing and Equipment, dated November 24th, 2022, in the amount of
$199,725.22.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and p roperly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Co nstruction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When Owner has satisfied the conditions of Paragraph 3 above , Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations

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defined in Paragraph 6 below , exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below , for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4 , Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 , Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract incl uding, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragr aphs 4.1, 4.2 or 4.3 above , within the time period provided in Paragraph 4, above, and complies with its obligations under this Bo nd, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2 Contractor’s obligations to pay liquidated damages; and

6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated da mages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be i ndependent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the

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Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

8. If Surety e lects to act under Paragraphs 4.1, 4.3 or 4.4 above , within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any c hange, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1 -7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.