Hemet City Council
August 8, 2023

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Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. 










  



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Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. 










  



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Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. 










  



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Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc.

Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in ord, Excel, or compatible formats may also be provided. . Documents should NOT have a security password, as Sourcewell may not be able to open the file. t is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blan and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. f you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. f the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Mar eting Plan category save the document as "Mar eting Plan."
Pricing - Price Lists.zip - Thursday November 04, 0 1 1 : 8:47 Financial Strength and Stability - Financial Strength and Stability.zip - Thursday November 04, 0 1 1 : 9:41 Mar eting Plan/Samples - Mar eting Plan - Samples.zip - Thursday November 04, 0 1 1 :3 :

M E/M E/S E or elated Certificates (optional)
arranty nformation - arranty - Documents.pdf - Thursday November 04, 0 1 1 :3 :56 Standard Transaction Document Samples - Standard Transaction Document Samples.zip - Thursday November 04, 0 1 1 :35:18 pload Additional Document - Altec Capital Sourcewell Proposal.docx - Thursday November 04, 0 1 1 :35:40 










  



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7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. 










  



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Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. 










  



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Altec #110421-ALT
Pricing for contract #110421-ALT offers Sourcewell participating agencies the following discounts:
• Up to a 5% discount off list price
• Up to a 28.6% discount off the typical seller’s fee on items purchased through JJ Kane Auctioneers (an Altec Company)

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 08 2023
Department: Public Works
Submitted by: Mark Prestwich, 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, Approving the Agreement Between the City of Hemet and Arcadia EcoSolutions Inc. for a Not to Exceed Amount of $198,968 and Authorizing the Administrative Services Director to Increase Revenue Projections by $198,968 and Authorizing the City Manager to Execute All Purchase Orders in Support of the Agreement RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Agreement between the City of Hemet and Arcadia EcoSolutions Inc. for a Not to Exceed Amount of $198,968 and Authorizing the Administrative Services Director to Increase Revenue Projections by $198,968 and Authorizing the City Manager to Execute All Purchase Orders in Support of the Agreement.

BACKGROUND:

The California Department of Transportation (Caltrans) has received $300 million in funding to beautify and improve communities within the State of California. The goal is to use the funding to remove litter, create jobs, educate the public, and engage the community to transform unsightly roadsides into spaces of pride for all Californians.

At January 10, 2023, City Council meeting, City Council approved an Agreement between the City of Hemet and Caltrans allowing the City of Hemet or a City Contractor to remove litter, debris, and graffiti from specific sections of Highway 74 and Highway 79 that are located in the City of Hemet.

Staff recommends entering into an agreement with Arcadia EcoSolutions Inc. to remove litter, debris, and graffiti from specific sections of Highway 74 and Highway 79 on the City's behalf. The proposed agreement supports the City's Strategic Plan Action Item to proactively initiate graffiti and litter removal along commercial corridors, as well as the Council's Safe and Clean Streets Initiative.

ANALYSIS:

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On June 13, 2023 the Procurement Administrator posted an Invitation for Formal Bid for the Clean-Up of Highway 74 and 79 on the PlanetBids platform, where 264 vendors were notified. On July 5, 2023, the Procurement Administrator received bids from three vendors.

Bidder Total Bid
Arcadia EcoSolutions Inc. $198,968
Crime Scene Steri-Clean, LLC $221,312
HCI Environmental and Engineering $290,500
Arcadia EcoSolutions Inc. is the lowest most responsive bidder. This vendor was previously hired by the City of Hemet Public Works Department to perform the maintenance services listed in the scope of work for this bid in fiscal year (FY) 2022-23. They provided efficient and responsive services during that time.

DISCUSSION:

Caltrans will reimburse the City of Hemet for the actual and necessary costs incurred to perform the maintenance services under this agreement, provided that the amount does not exceed the maximum authorized expenditure amount of $350,000. The City of Hemet’s contractor will bill the Public Works Department monthly for the maintenance services that are provided, and the Public Works Department will remit payment to the contractor. Subsequently, the Public Works Department will submit the expenditures to Caltrans every quarter for reimbursement.

This agreement shall expire on June 30, 2024, unless terminated or amended.

PREVIOUS COUNCIL ACTION:

On January 10, 2023, the City Council approved the Clean California Maintenance Agreement between the City of Hemet and the Department of Transportation.

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 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:

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There is no General Fund fiscal impact related to the adoption of this Resolution as Caltrans reimburses the City for these expenditures. The FY 2023-24 Streets Division budget includes $200,000 for the Clean California Maintenance Agreement expenditures in account 221-4200-2400.

ATTACHMENT(S):

Attachment 1: Bid Comparison
Attachment 2: Resolution
Attachment 3: Modified Services Agreement
Attachment 4: Arcadia Bid
Attachment 5: SteriClean Bid
Attachment 6: HCI Bid
Attachment 7: Clean California Maintenance Agreement

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City of Hemet
Bid Results for Project Clean‐Up of State Highway 74
& 79
Issued on 06/13/2023Bid Due on July 05, 2023 3:00 PM (PDT) Exported on 07/05/2023
Line Totals (Unit Price * Quantity)
Item Num Item Code Description UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Bi‐Weekly Cost EA 26 $5,236.00 $136,136.00 $5,824.00 $151,424.00 $7,250.00 $188,500.002 Monthly Cost EA 12 $5,236.00 $62,832.00 $5,824.00 $69,888.00 $8,500.00 $102,000.00 Subtotal $198,968.00 $221,312.00 $290,500.00Total $198,968.00 $221,312.00 $290,500.00 Arcadia EcoSolutions Inc Steri‐Clean Hunter Consulting Inc.

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City of Hemet Resolution No. 2023-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HEMET, CALIFORNIA, APPROVING THE

AGREEMENT FOR MAINTENANCE SERVICES

BETWEEN THE CITY OF HEMET AND ARCADIA
ECOSOLUTIONS INC. FOR A NOT TO EXCEED
AMOUNT OF $198,968 AND AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO
INCREASE REVENUE PROJECTIONS BY $198,968

AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL PURCHASE ORDERS IN SUPPORT

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

WHEREAS, the City of Hemet desires to improve the quality of life for its residents and visitors; and
WHEREAS, The California Department of Transportation
has received $300 million in funding to beautify and improve communities within the State of California; and
WHEREAS, the Clean California Maintenance Agreement
between the City of Hemet and the Department of Transportation (Caltrans) allows the City to hire a contractor to remove litter, debris, and graffiti from specific sections of Highway 74 and Highway 79 that are located within the City of Hemet; and

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City of Hemet Resolution No. 2023-xxx
WHEREAS, an invitation for a formal bid for the clean-up of Highway 74 and Highway 79 was posted on PlanetBids on June 13, 2023, and 264 vendors were notified; and
WHEREAS, Arcadia EcoSolutions Inc. is the lowest, most
responsive bidder; and
WHEREAS, Caltrans will reimburse the City of Hemet up to $350,000 for the actual and necessary costs incurred to perform the maintenance services under the Agreement; and
WHEREAS, the FY 2023-24 Streets Division (Fund 221)
budget includes $200,000 for Clean California Maintenance Agreement expenditures; and
WHEREAS, this maintenance agreement will expire on June 30, 2024; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

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

SECTION 1. The above recitals are true and correct.

SECTION 2. Approves the maintenance agreement
between the City of Hemet and Arcadia EcoSolutions.

SECTION 3. Authorizes the Administrative Services Director to increase revenue projections by $198,968.

SECTION 4. Authorizes the City Manager to execute all
purchase orders in support of the agreement.

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City of Hemet Resolution No. 2023-xxx
SECTION 5. This Resolution shall become effective on
August 8, 2023.

PASSED, APPROVED, AND ADOPTED this 8th day of
August 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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City of Hemet Resolution No. 2023-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 8th day of August 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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MODIFIED SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND
ARCADIA ECOSOLUTIONS INC.

A CALIFORNIA CORPORATION
Form Approved 2/10/2023

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SERVICES AGREEMENT
FOR CLEANUP OF HIGHWAY 74 & 79

BETWEEN THE CITY OF HEMET AND ARCADIA ECOSOLUTIONS
INC.

THIS SERVICES AGREEMENT (“Agreement”) is made and
entered into this 9th day of August, 2023 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Arcadia EcoSolutions Inc., a California corporation, (“Vendor”). For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by invitation for bid, to purchase from Vendor the performance of services defined and described particularly in Section 2, “Scope of Services” of this
Agreement.

2. Vendor desires to perform and assume responsibility for the performance of services required by the City on the terms and conditions set forth in this Agreement.

3. Vendor represents that it has the required competence and qualifications necessary, for the satisfactory performance of the services required by the City.

4. The Parties desire to formalize the selection of Vendor to render such services as defined and described particularly in Section 2 “Scope of Services” of this Agreement and
desire that the term of that performance be as particularly defined and described herein.

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

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SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2024, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. Vendor shall complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.

SECTION 2. SCOPE OF SERVICES
(a) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Vendor for the Services.

SECTION 3. SCHEDULE OF PERFORMANCE
Vendor shall provide the Services expeditiously, within the Term of this Agreement, as set forth in Exhibit “C,” “Schedule of Performance.” Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.

SECTION 4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “Additional Work.” As used herein,
“Additional Work” means any work which is determined by City to be necessary for the proper completion of the Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including

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reimbursement for actual expenses, shall not exceed One Hundred and Ninety-Eight Thousand Nine Hundred and
Sixty-Eight ($198,968.00) Dollars (“Not to Exceed
Amount”), unless additional compensation is approved in writing in accordance with Section 27 “Administration and Implementation” or Section 28 “Amendment” of this
Agreement.
(b) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in
work performed by Vendor.
(c) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.”
(d) If Additional Work is authorized, Vendor will be
compensated at the same rates and manner as set forth in this Agreement.

SECTION 6. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an
itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 22, “Notices” hereof.
(b) Vendor shall at any time prior to the fifteenth (15th) of any month, submit to City a complete and accurate written
itemized invoice for services performed. The invoice must be in a format approved by City, as detailed in (c) below. (c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly bases, for services
performed pursuant to this Agreement. Each itemized
statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which
reimbursement is sought in the statement invoice. The
invoice shall detail charges by the following categories:
labor (by sub-category), travel, materials, equipment,
supplies, and subcontractor contracts. Subcontractor

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charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the
compensation set forth in Section 5(a) and Exhibit “B”
include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be
approved and paid according to the terms set forth in
subsection (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission.
(d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within fortyfive (45) days of receipt of Vendor’s correct and undisputed invoice.
(e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall
notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part
of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this
Agreement.

SECTION 7. INDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly
independent contractor and not an officer, employee or
agent of City. Vendor 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

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conferred in writing by City.
(b) The personnel performing providing the Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall have control over the conduct of Vendor or any of Vendor’s officers, employees, subcontractors or agents except as set forth in this
Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers,
employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Vendor, nor any of Vendor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Vendor expressly waives any claim Vendor
may have to any such rights.

SECTION 8. ACCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor’s work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor’s work within three (3) days after submitted to City. City shall reject work by a timely written explanation, otherwise Vendor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Vendor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
SECTION 9. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, if any, assigned to provide the Services. Vendor shall notify City of any changes in Vendor’s staff and subcontractors, if any, assigned to provide the Services prior to and during any such performance.

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SECTION 10. STANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Vendor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 11. COMPLIANCE WITH APPLICABLE LAWS; PERMITS

AND LICENSES
(a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this
Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all
applicable laws, ordinances and regulations. Vendor
represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the
Services set forth in this Agreement and that such licenses are in good standing. Vendor further represents and
warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers,
officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section.

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(b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the
California Air Resources Board (CARB). Vendor shall
specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment
with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any
other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this
Agreement.
(c) To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality
compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water
Quality Control Act (Cal Water Code §§ 13000-14950);
laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the
City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. i. Failure to comply with the laws, regulations and
policies described in this Section is a violation of
law that may subject Vendor or City to penalties,
fines, or additional regulatory requirements. Vendor
shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers
and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from
and against any and all fines, penalties, claims or
other regulatory requirements imposed as a result of
Vendor’s non-compliance with the laws, regulations

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and policies described in this section, unless such
non-compliance is the result of the sole established
negligence, willful misconduct or active negligence
of the City, its officials, officers, agents, employees or authorized volunteers.
ii. In addition to any other standard of care
requirements set forth in this Agreement, Vendor
warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the
Services assigned to them without impacting water
quality in violation of the laws, regulations and
policies described in this section. Vendor further
warrants that it, its employees and subcontractors
will receive adequate training, as determined by
City, regarding the requirements of the laws,
regulations and policies described in this section as
they may relate to the Services provided under this
Agreement. Upon request, City will provide
Vendor with a list of training programs that meet
the requirements of this paragraph.

SECTION 12. PREVAILING WAGE LAWS
(a) Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other
requirements on “public works” and “maintenance”
projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is one-thousand dollars ($1,000) or more,
Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the
prevailing rates of per diem wages in effect at the
commencement of this Agreement. Vendor 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 Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and

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agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such
Labor Code sections to the fullest extent required by law. (b) Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Vendor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement
may also be subject to compliance monitoring and
enforcement by the DIR. It shall be Vendor’s sole
responsibility to comply with all applicable registration and labor compliance requirements.

SECTION 13. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.).

Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

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SECTION 14. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 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. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures;
ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or
injuries; and
iii. Adequate facilities for the proper inspection and
maintenance of all safety measures.

SECTION 15. ACCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor 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. Vendor 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.

SECTION 16. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Services provided under this Agreement.

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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or subcontractors), liabilities of every kind
(including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Services provided by Vendor, its officers, agents, employees,
representatives, subcontractors, anyone directly or
indirectly employed by any of them, or anyone that they control. Vendor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful
misconduct of the Indemnified Parties.
(b) Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement
naming the Indemnified Parties as additional indemnitees.

In the event Vendor fails to obtain such indemnity
obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this section.

Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Vendor and shall survive the termination of this Agreement and this section.

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SECTION 18. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “D” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Vendor agrees to provide City with copies of required policies upon request.

SECTION 19. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to
Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor’s possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and
expenses incurred by Vendor prepared as set forth in
Section 6 “Method of Payment and Invoicing” of this
Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Vendor’s performance under this Agreement at its sole
option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Vendor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Vendor with written notice of the rescission, at which time Vendor would be required to resume
performance in compliance with the terms and provisions of this Agreement. Vendor will be entitled to an extension

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of time to complete performance under this Agreement
equal to the length of the suspension unless otherwise
agreed to in writing by the Parties.

SECTION 20. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet,
Attn: City Manager
445 E. Florida Ave
Hemet CA 92543
To Vendor: Arcadia EcoSolutions Inc.

Attn: Charles Zhang
615 Las Tunas Dr., Ste C
Arcadia, CA 91007
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 21. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 22. ASSIGNMENT
Vendor 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.

SECTION 23. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any

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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 shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 24. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.

SECTION 25. 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 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 26. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by 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 written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 27. CONFLICTS OF INTEREST
(a) Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Vendor’s ability to provide the Services. Vendor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Vendor
agrees to at all times avoid conflicts of interest or the

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appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently
involved in providing non-related services to other
governmental agencies and private parties. Vendor is
unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Vendor will, provide non-related services for other governmental
agencies and private parties following the completion of providing the Services under this Agreement. Any such
future services shall not be considered a conflict of interest for purposes of this section.

SECTION 28. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 29. 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 other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 30. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, 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 Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

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SECTION 31. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 32. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement.
[SIGNATURE PAGE FOLLOWS]

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SERVICES AGREEMENT
FOR CLEANUP OF HIGHWAY 74 & 79

BETWEEN THE CITY OF HEMET AND ARCADIA ECOSOLUTIONS
INC.

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

CITY OF
HEMET
___________________________
Mark
Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
VENDOR
By:

Its:

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Exhibit A – Scope of Services Page 1
EXHIBIT “A”

SCOPE OF SERVICES
A. Clean-up of Highway 74 & 79 will be required on a biweekly and monthly basis as outlined below. Clean-up locations are mapped out in Exhibit “A” of this IFB.

Bi-weekly
Work will consist of Bi-weekly clean-ups in the designated right of way areas along Highway 74 and Highway 79. This will consist of removal of trash, debris, illegally dumped items, and removal of graffiti on public property.

Monthly
Work will also consist of Monthly clean-ups in the designated locations on the concrete center median along Highway 74.

This will consist of removal of the debris in the drainage channels that transverse the median at certain locations and removal of debris on top of the median.

Maintenance Standards
Clean-up services shall be performed in compliance with the provisions of Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and State policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

Graffiti Removal
Graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed.

Excluded Maintenance Activities
Contractor shall not engage in any of the following activities:
• Unsheltered and/or Abandoned Encampments:

Relocation of any persons experiencing homelessness
who are situated within State Right of Way. If
contractor encounters abandoned homeless
encampments at or within the State Right of Way,
contractor shall coordinate with the State and local
California Highway Patrol.
• Hazardous Materials: Clean-up of hazardous
materials, including but not limited to bloodborne
pathogens, biological waste, feces, syringes, needles,
sharp objects or unknown substances.

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• Weed Abatement: Weed abatement, including but
not limited to, removal of overgrown brush, trees,
grass and limbs or conduct any spraying, grading,
moving or discing.

B. Safety Requirements:

1. Traffic Control Plan – Contractor shall submit the
Caltrans approved traffic control plan(s) to the project manager no less than seventy-two (72) hours prior to the start of the work.

2. The traffic control plan shall show the work area and any traffic control devices necessary to regulate and direct traffic. The traffic control plan shall be in accordance with the California Manual of Uniform Traffic Control
Devices (M.U.T.C.D.), latest edition.

3. If the Contractor becomes negligent 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.

4. 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.

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

C. Damage to Public or Private Property:

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

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

3. 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.

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Exhibit B - Compensation Page 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed One Hundred and Ninety-Eight Thousand Nine Hundred and Sixty-Eight
($198,968.00) Dollars.

I. Bi-Weekly Cleanup of Right-of-Way Areas Along Highway 74 & 79 - $5236 Ea x 26 = $136,136
II. Monthly Cleanup of the Concrete Center Median Along Highway 74 - $5236 Ea x 12 = $62,832

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Exhibit C – Schedule of Performance Page 1
EXHIBIT “C”

SCHEDULE OF PERFORMANCE
• Work will consist of Bi-weekly clean ups from July 2023 through June of 2024 in the designated right of way areas along Highway 74 and Highway 79. This will consist of
removal of trash, debris, illegally dumped items, and
removal of graffiti on public property.
• Work will also consist of Monthly clean ups from July 2023 through June 2024 in the designated locations on the concrete center median along Highway 74. This will
consist of removal of the debris in the drainage channels that transverse the median at certain locations and removal of debris on top of the median.

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EXHIBIT “D”

INSURANCE
(A)INSURANCE REQUIREMENTS. Vendor 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 Vendor, 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. Vendor shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Vendor
shall maintain the following types and
limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Vendor 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. Vendor 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 Vendor arising out of or in connection with Services 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.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE.

Vendor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or

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retroactive date must be before the effective date of this Agreement and Vendor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Vendor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and
Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, 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, Vendor 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

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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:
• 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 thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
(C) OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement,
certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor 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, Vendor
shall furnish certificates and
endorsements from each subcontractor
identical to those Vendor provides.

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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 Vendor 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 Vendor’s liability
hereunder nor to fulfill the
indemnification provisions and
requirements of this Agreement.

4. Coverage provided by Vendor shall be
primary and any insurance or selfinsurance procured or maintained by City 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 noncontributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or
procured pursuant to this agreement
shall be endorsed to waive subrogation
against City, its elected or appointed
officers, agents, officials, employees and
volunteers or shall specifically allow
Vendor or others providing insurance
evidence in compliance with these
specifications to waive their right of

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recovery prior to a loss. Vendor hereby
waives its own right of recovery against
City, and shall require similar written
express waivers and insurance clauses
from each of its subcontractors.

6. General liability policies shall provide or
be endorsed to provide that City 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. BID SHEET FOR CLEAN-UP OF HIGHWAY74 & 79
DATE:June 28, 2023
TO THE CITY OF HEME'l',CALIFORNIA:

BIDDER (Firm Name)
Arcadia EcoSo|utions Inc.

The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Highway Clean-up Services as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

Arcadia EcoSolutions Inc PW-LR-1001027452
Name of Company as Licensed Contractor License No. and Class PW-LR-1001027452 until 06/30/2024
DIRRegistration No. & Expiration
LUMPSUM BASE BID (in words and in figures) $ 198,968.00 (in figures)
One hundred ninety-eight thousand nine hundred sixty-eight dollars & 0 /100 (in words)
The above 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 ifthere are any discrepancies or questions in the figures, the CITYwilluse 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). 3 has/have been received and is/are included in this proposal. 000920612

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The undersigned bidder declares that he has carefully examined the speci?cations and read the terms and conditions, and hereby proposes and agrees, ifthis bid is accepted, to furnish all material in accordance with the speci?cations 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:

Arcadia EcoSolutions Inc
Telephone #:
9086271203
E-mail address:
[email protected]
Authorized Representative: (print)
Charles Zhang
DIR Reg. No. & Contractor License No.

PW-LR-1001027452
00092061.2
Address:
615 Las Tunas Drive Ste D
Arcadia, CA 91007
Business License Number:
49464
tle:

President

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V. REFERENCE SUBMITTALFORM
Firm #1 — Name of Firm: The City of Hemet
Address of Firm: 445 E Florida Ave., Hemet, CA 92543
Contact Person: Mr.Gregg Holyoak Phone No. (951)765-3710 Email Address: gho|[email protected] Amount of Proj. _$50000_ Date of Project: From May 1, 2023 To June 30, 2023
BriefDescription of Project:

Clean-Up of State Highway 74 & 79
Firm #2 — Name of Firm: Similax &Wang LLC
Address of Firm: 185 W Chestnut Ave., Monrovia, CA 91008 Contact Person: Mr.Steven Ma Phone No. (909)284-5695
Email Address: [email protected] Amount of Proj. $85000 Date of Project: From June 2, 2023 To Sep. 30, 2023
Brief Description of Project: Construction sites and lands cleaning 00092061 .2

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BIDSECURITYFORMFORCHECK
NOTE: THE FOLLOWINGFORM SHALLBE USED INTHE CASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Cashier's Checkpayable to the order of the City of Hemet, hereinafter referred to as "Agency", for Thirty thousand dollars ($30,000), this amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bid shall be rejected by the Agency;
B. Ifsaid Bidshall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency.

Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature’ I
Charles 2. Zhang, President
Date: 06-28-2023 Arcadia Ecosolutions Inc
Print name and title

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Q PNCBANK an aiona ssociaion No’ CASHlER’S CHECK 5:§'5JBers§’y”‘ ” t DATE; 5..i"'zJ:..‘ .J ,
PAYTOTHE«.--L_; ORDEROF InE?W??%?? is
T§-({I9“;¥“-;' TH:]L__i5§;:;;;~=4j£a ;;‘;;r-1;‘: rm 1I's?';%::¢;f;.‘:3:13;;mi.:;:#::#:.s::§::i:;i:;i:::;::$:::t::=;::$::i;:;;::$:31::

REEQDIQEEUSDLUTIDHE INC.
0 . MIX
V {V. 2 ‘AC’DlP::lD|?0fr:t:?Il'cBI
‘V DP 3,, Fsc-c1o1537

OFFICIALSIGNATURE
"'01. $8908 SH‘ I:D 3 LE50N30 TI: 30 LOGO1.30 Ell‘

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BIDSECURITYFORM FOR BOND
KNOWALLBYTHESEPRESENTS:

That the undersigned
Crime Scene Steri-Clean.LLC
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITYOF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of [Dollar Amount |n words Twenty-Two Thousand One Hundred Thirty One and 20/l 00 Dollars(S 7-3-)3‘-20 ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS,said Principal is submitting a Bidfor Clean-Up of Highway 74& 79 THE CONDITIONOF THIS OBLIGATIONIS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESSWHEREOF, the above bounden parties have executed this instrument this 51“ clay of Jul)’ , 2023.
(Month)
Crime SceneSteri-Clean.LLC
(Corporate Seal) By @g./
Principal
By The Ohio Casualty Insurance Companv
SuretV ? v
Aaron Stcffey. Attorney-in-Fact
By
Sui No. 8324

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Surety Acknowledgment
State of Indiana
County of Hamilton
On -ml)’5-2033 , before me personally came Aaron M. Steffey to me known, who, being by me duly sworn, did depose and say that he/she is an Attorney—ln~Fact of T116Ohio Casualtv lnSllI'anC€ Compaiw, the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney—|n-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof.

Méézd 5%?
Mildred Steffey, Notary Public
My commission expires: February 29 2024

MILDREDSTEFFEV
Notary vumi: ~ Seal Hamilton County - state at Indiana Commission Number Nnouaosou My Camrnlision Expires Feb1°,20Z4

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ThisPowerof Attorney limitsthe acts of those namedherein,and they have no authorityto bindthe Company except in the mannerand to the extent hereinstated.

Llberty Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company CertificateNo 5207164-992384 SURETY’ West American insurance Company

POWER OF ATTORNEY
KNOWNALLPERSONSBVTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyis a corporationdulyorganizedunderthe lawsofthe State ofNewHampshire,that LibertyMutualInsuranceCompanyisa corporationdulyorganizedunderthelawsofthe State ofMassachusetts.andWestAmericanInsuranceCompanyIS a corporationdulyorganized underthelawsoftireStaleofIndiana(hereincollectivelycalledthe“Companies"). pursuantto andbyauthorityhereinset forth,does herebyname, constituteandappoint, Anrini M.

Srcitl-y. Lisa M Bunisia
allofthecityof Iiousinii state of TX eachindividuallyiftherebe morethanone named, itstrueand lawfulattorney»in-fact tomake. execute, seal.acknowledgeanddeliver.forandonits behalfassurety andas itsactanddeed, anyandallundertakings,bonds, recognizancesandothersuretyobligations.inpursuance ofthese presentsand shallbe as bindingupon the Companiesas it they have been dulysigned by the presidentand attestedby the secretary ofthe Companiesintheirownproper persons.

INWITNESSWHEREOF,thisPowerofAttorneyhas been subscribedby an authorizedotlicerorotlicialottheCompaniesand thecorporatesealsof theCompanies have been affixed theretothis 2 Isl day of January , 2032 .

LibertyMutualInsuranceCompany
TheOhioCasualtyInsuranceCompany
WestAmericanInsuranceCompany
Teresa Paslellti Nolaly Public Morrlgomet)‘ cnuiiiy My commission expires Marchzii zozs By; /\ Q LU!Wi'|tS§lDfi number riziruaq
Member Parlll?ylv?rila Asscmallort nl Notaries T9953PasleiiaiNotaryPublic ThisPowerofAttorneyis made and executedpursuanttoand by authorityof the followingBy-lawsand Authorizationsof The OhioCasualtyInsuranceCompany,LibertyMutual insuranceCompany,andWest AmericanInsuranceCompanywhichresolutionsare nowinfullforceandeffectreadingasfollows.

ARTICLEIV— OFFICERS:Section12.PowerofAttorney
Anyofficeror otherof?cialof the Corporationauthorizedfor that purpose in writingby the Chairmanor die President, and subjectto such limitationas the Chairmanor the Presidentmay prescribe.shallappointsuchattorneysein-fact. as maybe necessaryto act in behalfoitheCorporationtomake, execute, seal.acknowledgeanddeliveras surely any and allundertakings.bonds.recognizancesand othersurety obligationsSuchattorneys-in-lact.subjectto the limitationsset forthin theirrespectivepowersof attorney, shall have lullpowerto bindthe Corporationby theirsignatureand executionof any such instruments andto attachtheretothe seal ofthe Corporation.Whenso executed.such instrumentsshallbe as bindingas itsignedby the Presidentandattestedto by the Secretary.Anypoweror authoritygranted to any representative orattorney»in»tact under the provisionsofthisarticlemaybe revokedat any timebytheBoard,the Chainnan, the Presidentorbythe of?ceror of?cersgrantingsuchpoweror authority.

ARTICLEXIII— Executionofcontracts: Section5. SuretyBondsandUndertakings.

Anyot?ceroithe Companyauthorizedforthatpurposein writingbythe chairmanorthe president,and subjectto suchlimitationsas the chairmanorthe presidentmayprescribe. shallappointsuchattomeys-in-tact, as maybe necessary to act in behalfoftheCompanyto make.execute,seal, acknowledgeand deliveras surety any and allundertakings, .3.6
By: ,/ E
DavidM,Carey,AssistantSecretary 2'3
StateofPENNSYLVANIASS
3 CountyofMONTGOMERY 2 E
Onthis 215! day of .I-aiiuury . 2022 beforemepersonallyappearedDavidM.Carey.who acknowledgedhimselfto be theAssistantSecretaryofLibertyMutualInsuranceE3 Company.TheOhioCasualtyCompany,andWestAmericanInsuranceCompany.andthat he, as such, beingauthorizedso to do.executethe loregoinginstrumentforthe purposes55= thereincontainedbysigningon behalloithe corporationsbyhimselfas a dulyauthorizedoficer. E9 INWITNESSWHEREOF. Ihave hereuntosubscribedmynameand affixedmynolarialseatat KingofPrussia, Pennsylvania,ontheday andyear?rstabovewritten. Egg n_ 0
Commonwealthoi Pennsylvania Notary Seal :3
bonds, recognizances and othersurety obligations.Such attorneys-in-tactsubject to the limitationsset forthin theirrespectivepowersof attorney.shallhave lullpowerto bind the Companyby theirsignatureand execution of any such instrumentsand to attachtheretothe seal of the Company.Whenso executedsuch instrumentsshallbe as bindingas it signedbythepresidentandattestedby the secretary.

Certi?cate oi Designation ~ The Presidentofthe Company. acting pursuantto the Bylawsofthe Company, authorizesDavidM Carey,AssistantSecretaryto appointsuchatiorneys~infact as may be necessaryto acton behalfofthe Companyto make, execute.seal, acknowledgeand deliveras surety any andall undertakings.bonds, recognizancesandothersurety obligations.

Authorization— ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureof anyassistantsecretary oithe Company. wherever appearing upon a certified copy of any power oi attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with thesame forceand effectas thoughmanually at?xed.
1,ReneeC Llewellyn,the undersigned,Assistant Secretary. TheOhioCasualty insurance Company,LibertyMutualInsurance Company.and West Americaninsurance Companydo herebycertifythatthe originalpowerofattorney ofwhichthe foregoingisa lull,hue andcorrectcopyofthe PowerofAttorneyexecutedby saidCompanies. is in fullforceand effectand has notbeenrevoked.

INTESTIMONVWHEREOF. Ihavehereuntoset myhandand af?xedtheseals ofsaidCompaniesthis 51h day of Jul} . 2023 ' ReneeC.Llewellyn,AssistantSecretary
LMS-12873 LMICOCIC WAICPage 46 of 111 MultiCo 0201

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CITYOF HEMET

FORMALBID
CLEAN-UP OF HIGHWAY74 & 79
BID DATE: June 13, 2023
BID DUE DATE: July 5, 2023 before 3:00 p.m.

QUESTIONSDEADLINE: June 28, 2023.3:00 p.m.

All questions must be submitted in writing through PIanetBids

BID CONTENTS
Section I - Instructionto Bidders
Section II - Scope of Services
Section III - Bidder Requirements
Section IV - Bid Sheet
Section V - Reference Submittal Form
Section VI - Local Vendor Preference
Exhibit A Map of C|ean—UpLocations
Attachment A Sample Agreement
BID ESTIMATE $300,000
Electronic responses must be uploaded into P|anetBids no later than the date, time and location indicatedabove for the receipt of bids. Late submission of responses shall not be considered. Submittal of response by fax is not acceptable. Note: This bid does not constitute an order for the servicesspeci?ed.

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CITY OF HEMET

INVITATIONFOR FORMAL BID
CLEAN-UP OF HIGHWAY 74 & 79
The City of Hemet is seeking a quali?ed Contractor to provide all necessary labor, equipment, tools, and materials to perform bi-weekly and monthly clean—upof highway 74 &79, in accordance with the included bid specifications.

I. INSTRUCTIONSTO BIDDERS
A. General Instructions

1. To be considered a responsive bid, Bidder must comply with all instructions and specifications as outlined in this Invitation for Formal Bid (IFB). Bid response will be binding and firm.

2. It is the Bidder‘s responsibility to examine the various locations of the proposed work and to fully familiarize themselves with the speci?cations and the nature of the work required. The Bidder shall have no claim against the City based upon ignorance of the project's requirements, site conditions, specifications, and/or Agreement provisions (Sample Agreement — Attachment A).

3. By submitting a bid, each Bidder expressly agrees to and accepts the following conditions:
a. The City's specifications will become part of the agreement between the selected Bidder and the City of Hemet;
b. The City reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifications; c. The City reserves the right to solely judge the Bidder‘s representations and to determine whether the Bidder is quali?ed to undertake the project pursuant to the criteria set forth herein. The Bidder, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether the Bidder is quali?ed to perform the project, shall be ?nal, binding and conclusive;
d. This bidding process does not commit the City to award any Agreement, and the City is not liable for any costs incurred by the Bidder in the preparation and submission of a bid;

4. False, incomplete, or unresponsive statements in connection with the bid may be suf?cient cause for rejection of a bid.

5. The City reserves the right to change any part of these instructions to Bidders and speci?cations any time prior to the bid opening date and time. Any changes shall be communicatedand recorded in the form of addenda via P|anetBids notification and willbecome part ofthe bid documents and subsequent Agreement. A Bidder‘s failure to address the requirements of the addenda may result in rejection of their 00092061.2

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bid. lfthe City determines that a time extension is required forthe bid, the addenda willindicate the new submission date and time.

6. All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public and any blanket statement (i.e., regarding the entire pages, documents, or other non-specific designations) shall not be suf?cient and shall not bind the City in any way whatsoever. If disclosure is required under CaliforniaPublic Records Act or othenlviseby law (despite the Bidders request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

7. The Agreement shall be awarded to the lowest responsive and responsible Bidder.

In determining whether a Bidder is responsible and responsive, the following will be considered:
a. Total cost
b. The quality of service offered.
c. The ability, capacity, and skill of the Bidder to perform the Services; d. Whether the Bidder can perform the Services promptly, or within the time specified, without delay or interference;
e. The quality and timeliness of the Bidders performance on previous orders or Agreements for the City;

8. Bidders shall not be allowed to take advantage of any errors or omissions in these instructions to Bidders or speci?cations. Revised instructions will be provided, if such error or omission is discovered and brought to the attention of the City.

9. Pricing shall include all federal, state, local and other taxes.

10. Allgeneral or bidding inquiries shall be posted on P|anetBids.

11. The bid response for Clean—up of Highway 74 &79 shall be delivered electronically on PlanetBids before 3:00 PM, July 5, 2023.

12. Costs for developing bids are entirely the responsibility of the Bidder and shall not be chargeable to the City of Hemet.

13. If a Bidder takes exception to any part of these specifications as written, or as amended by any addenda subsequently issued, or the Agreement, they must do so in writing. Said exceptions must be submitted with the bid. Failure to do so will be construed as acceptance of all items of the speci?cation and the Agreement.

14. Bids submitted by mail should be post-marked sufficiently in advance of the bid due date and time to ensure delivery to the City of Hemet. City Hall, prior to the speci?ed due date and time. The City of Hemet assumes no responsibility for delay in delivery of the bid by U.S. Mail or any other service. LATE BIDS WILLNOT BE ACCEPTED.
000920612

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15. City of Hemet may reject any or all bids and may waive any immaterial deviation in a bid. City of Hemet's waiver of an immaterial defect shall in no way modify the IFB documents excuse the Bidder from full compliance with the speci?cations if he/she is awarded the Agreement. Bids referring to terms and conditions other than City of Hemet’s terms and conditions may be rejected as being nonresponsive.

City of Hemet may make investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to City of Hemet all such information and data for this purpose as requested by City of Hemet. City of Hemet reserves the right to reject any bid ifthe evidence submitted by, or investigation of, such Bidder fails to satisfy City of Hemet that such Bidder is properly quali?ed to carry out the obligations of the Agreement and to complete the work specified.

16. The Agreement shall be signed by the Contractor and returned, along with the required attachments to the City of Hemet within ten (10) calendar days. The period for execution may be changed by mutual agreement of the parties.

Agreements are not effective until approved by the appropriate City of Hemet of?cials. Any work performed prior to receipt of a fully executed Agreement shall be at Contractor's own risk.

17. Failure to execute the agreement within the time frame identi?ed above shall be suf?cient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. if the successful Contractor refuses orfails to execute the Agreement, the City of Hemet may award the Agreement to the next quali?ed highest ranked Contractor.

18. Contact the California Department of industrial Relations to obtain latest prevailing wage information for this area. (www.dir.cagov/DLSR/statisticsresearch.html)

19. Contractor must hold and maintain liability insurance that meets the City’s minimum requirements as speci?ed in Exhibit D — Insurance Requirements, in the Agreement. Certi?cation must be provided to and accepted by the City upon award of Agreement.

20. The City of Hemet requires that any Contractor doing business within the City limits must hold a valid City of Hemet business license, prior to conducting business with the City. Information regarding how to obtain a business license is available at httg://www.cityofhemet.orglfinance/buslicense.htm. Bidder must obtain a business license from the City prior to execution of the purchase order. Cost of a business license is $44.00.
00092061.2

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II. SCOPE OF SERVICES
A. Clean-up of Highway 74 & 79 will be required on a bi-weekly and monthly basis as outlined below. Clean-up locations are mapped out in Exhibit “A” of this IFB.

Bi-weekly
Work willconsist of Bi-weekly clean—ups in the designated right of way areas along Highway 74 and Highway 79. This will consist of removal of trash, debris, illegally dumped items, and removal of graf?ti on public property.

Monthly
Work will also consist of Monthly c|ean—ups in the designated locations on the concrete center median along Highway 74. This willconsist of removal of the debris in the drainage channels that transverse the median at certain locations and removal of debris on top of the median.

Maintenance Standards
Clean-up services shall be performed in compliance with the provisions of Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and State policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

Graffiti Removal
Graf?ti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graf?ti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed.

Excluded Maintenance Activities
Contractor shall not engage in any of the following activities:
0 Unsheltered andlor Abandoned Encampments: Relocation of any persons experiencing homelessness who are situated within State Right of Way. If contractor encounters abandoned homeless encampments at or within the State Right of Way, contractor shall coordinate with the State and local California Highway Patrol.
- Hazardous Materials: Clean-up of hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances.
- Weed Abatement: Weed abatement, including but not limitedto, removal of overgrown brush, trees, grass and limbs or conduct any spraying, grading, moving or discing.

B. Safety Requirements:

1. Traffic Control Plan — Contractor shall submit the Caltrans approved traf?c control p|an(s) to the project manager no less than seventy—two (72) hours prior to the start of the work.

2. The traffic control plan shall show the work area and any traf?c control devices necessary to regulate and direct traf?c. The traffic control plan shall be in 00092061.2

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accordance with the California Manual of Uniform Traf?c Control Devices (M.U.T.C.D.), latest edition.
if the Contractor becomes negligent 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 installedimmediately by the Contractor at his expense.

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.

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

Damage to Public or Private Property:

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

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

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.

III.BIDDER REQUIREMENTS

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

Contract will be valid through June 30, 2024, unless othen/vise terminated or amended by the City.

Allworkers shall wear uniforms that identify them as employees of the Contractors business.

Before contractor may enter State Right of Way to perform any maintenance services in the areas covered by the Agreement, State’s District 8 Encroachment Permit Office must issue an initial encroachment permit.

Contractor must obtain additional encroachment permits, if necessary, to enter or perform any work within State Right of Way not covered by the Agreement.

Disposal receiptsltickets are required to be submitted along with invoices.

Invoices are to be sent to [email protected].

The Public Works Streets Supervisor, Gregg Holyoak, will be the City’s project manager for this work. Upon award of the Agreement, Contractor will provide the 000920612

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project manager with the work schedule (in writing) a minimum ofthree days prior to commencement of work.

7. The project manager is to be notified each day of work, at (951)765-3843, as to where the Contractor willbe working.

8. The project manager will be notified immediately when the Contractor is unable to perform the work and whenever any non—personnelor property related accident occurs while performing the speci?ed contract work.

9. 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.

10. Contact the California Department of Industrial Relations to obtain latest prevailing wage information for this area. (wvvw.dir.ca.gov/DLSRIstatisticsresearchhtml).

11. Vendor must hold and maintain liability insurance that meets the City's minimum requirements as specified in Exhibit D —— insurance Requirements, in the Agreement. Certi?cation must be provided to and accepted by the City upon award of Agreement.

12. The City of Hemet requires that any vendor doing business within the City limits must hold a valid City of Hemet business license, prior to conducting business with the City. Information regarding how to obtain a business license is available at httg://www.cityofhemet.org/?nance/buslicense.htm.Bidder must obtain a business license from the City prior to execution of the purchase order. 00092061.2

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IV. BID SHEET FOR CLEAN-UP OF HIGHWAY74 & 79
DATE: 6/30/2023
TO THE CITYOF HEMET, CALIFORNIA:

BIDDER(Firm Name)
Crime Scene Steri-Clean LLC
The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Highway Clean-up Services as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

Crime Scene Steri—C|ean, LLC TSW—#010
Name of Company as Licensed Contractor License No. and Class 1000019922 06/30/2024
DIR Registration No. & Expiration
LUMP SUM BASE BID(in words and in figures) $ 221,312.00 (ln ?gures)
Two hundred &twent one thousand three hundred and twelve dollars & Zero cents/100
(in words)
The above 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 ifthere are any discrepancies or questions in the figures, the CITYwill use the lower ?gure despite the bidder‘s intent. The City reserves the right to reject any and all bids and to waive any irregularities.
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Addendum(a) No(s). 1 — 1 1 haslhave been received and islare included in this proposal.

The undersigned bidderdeclares that he has carefully examined the speci?cations and read the tenns and conditions, and hereby proposes and agrees, ifthis bid is accepted, to furnish all material in accordance with the speci?cations 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:

Crime Scene Steri-Clean, LLC 9624 Hemiosa Ave.

Rancho Cucamonga, CA 91730
Telephone #2
888-577-7206
E-mail address: Business License Number:

[email protected] 43947
Authorized Representative: (print) Signatijre: /7,
Robert McKeever 6 C~——</L / Q
DIR Reg. No. & Contractor License No. Title:./
1000019922 TSW#010 CO0
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V. REFERENCE SUBMITTALFORM
Firm#1—NameofFirm: City of Pasadena
AddressofFirm: 100 N. Garfield Ave Pasadena. CA 91101
ContactPerson: Evelyn Quinteros Phone No. 626-744-4461
Emai|Address: [email protected] AmountofProj.§25000PO Date ofProject: From 7/1/2023 To 6/30/2024
BriefDescriptionofPrcject: As needed Emerqencv service 24-hour response for the biohazard cleaninq of City iail cells. police cars and public riqht of wavs
Firm#2—NameofFirm: City of Fontana
AddressofFirm: 8353 Sierra Ave. Fontana CA 92335
Contact Person: M i c h e l I e B I a n k Phone No. 909-356-7129 Email Address: m b I a n k @ fo nta n a. org Amount of Proj. §15 900 PO Date of Project: From 7/1/2023 To 6/30/2024
BriefDescription ofProject: As needed Emerqencv service 24-hour response for the biohazard cleaninq of City iail cells.

Dolice cars and Dublic riqht of wavs
Firm#3—NameofFirm: City of Irvine
AddressofFirm: One Civic Center Plaza Irvine CA 92606
ContactPerson: Jennifer Kaiser Phone No. 949-724-7094
EmailAddress: ‘[email protected] AmountofProj.§10000PO Date ofProject: From 7/1/2023 To 6/30/2024
BriefDescriptionofProject: As needed Emerqencv service 24-hour response for the biohazard cleaninq of Citv iail cells. police cars and public riqht of wavs
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VI. LOCAL VENDOR PREFERENCE

CITY OF HEMET

LOCAL BUSINESS PREFERENCEAND CERTIFICATIONREQUEST
(Bidders requesting a 5% Local Business Preference must enclose this form in the Bid Package) NOTICE TO ALL BIDDERS:Section 2-340 of the City of Hemet Municipal Code requires that a Local Preference be given to bidders who qualify as a local business.

A. Section 2-340 requires quali?ed local vendors to be given preference in bid evaluation and award if a quali?ed local vendor does not make the lowest priced submission. Any quali?ed local vendor that makes a responsive submission shall have their submission price reduced by ?ve percent for the purposes of comparison to the other submissions received by the City in making the determinations required by Section 2-334 through 2-336. Ifwith this ?ve percent reduction a qualifying local vendor would be awarded the contract, the qualifying local vendor shall be given the opportunity to amend their submission to price match the true lowest priced submission. Ifthe qualifying local vendor agrees to price match then the contract shall be awarded to the local qualifying bidder.

B. For purposes of this section, a “qualified local vendor” shall be defined as:

1.An individual, partnership or corporation which has fixed facilities with employees located within the corporate limits of the City; and which is shown by the records maintained by the City's finance department as having secured all necessary business licenses and as having paid all applicable fees and taxes imposed by the City;

2. It has a business street address (P.O. Box or residential address shall not suf?ce to establish a local preference);

3. Allsales tax for the purchase of goods must be reported to the State through a business within the geographic boundaries of the City of Hemet.

C. For purposes of this section, “preference" shall mean the reduction factor applied to the bid of a local vendor that willallow the local vendor to amend their submission and price match the true lowest priced submission.

IMPORTANT NOTICE (Read before signing)
THE UNDERSIGNEDHEREBYREQUESTS PREFERENCE AS A "LOCALBUSINESS".

THE “LOCALBUSINESS PREFERENCE AND CERTIFICATIONREQUEST"MUST BE SIGNED INTHE SAME NAME STYLE IN WHICH THE BIDDER IS LICENSED BYTHE CITYOF HEMET.

Legal Name of Bidder(s)
Address of Bidder
Bidder City of Hemet Business License No.
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Signature of AuthorizedBidder
" M
"l'l.'.~ WJllll
,.,5]..

EXHIBIT“A”
'| llu
‘
,..

PM 35.1 to 38.0 - 0.1 mile east of Colv Ae.
to 0.1 mile eosl of Coslon Ave.

PM 42.0 10 44.2 — 0.1 mile west of Columbia
St. to 0.2 mile west of New Chicago Ave.

CLEANCADMA
SR-79 PM 25.6 to 26.4 — Junction 51.79 lo Eosl
Menlo Ave.

CLEANCADMA
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' “T Ru ‘E
PM = post miles
ATTACHMENT “A"

GOODS ANDSERVICES AGREEMENT

BYAND BETWEEN

THECITYOF HEMET,

A CALIFORNIAMUNICIPALCORPORATION
AND
Crime Scene Steri-Clean, LLC

A CALIFORNIALIMITEDLIABILITYCORPORATION
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Form Approved 2/10/2023
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GOODSAND SERVICESAGREEMENT
FORCLEAN-UP OF HIGHWAY 74 & 79
BETWEENTHE CITYOF HEMETAND Crime Scene Steri—Clean, LLC THIS GOODS AND SERVICES AGREEMENT(“Agreement”)is made and entered into this 30 day ofJune, 2023 (“Effective Date”), by and between the CITYOF HEMET(“City”), a California municipal corporation and Crime Scene Steri-Clean, LLC, a limited liability company (“Vendor”).For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party" and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by Planet Bids the performance of services de?ned and described particularly in Section 2, “Scope of Services” of this Agreement.

2. Vendor desires to perform and assume responsibility for the performance of services required by the City on the terms and conditions set forth in this Agreement.

3. Vendor represents that it has the required competence and qualifications necessary for the satisfactory performance of the services required.

4. The Parties desire to formalize the selection of Vendor, render such services as defined and described particularly in Section 2 “Scope of Services" of this Agreement and desire that the term of that performance be as particularly de?ned and described herein.

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

SECTION1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30”‘2024, commencing on Effective Date, unless othenrvise extended by written agreement of the Parties. Vendor shall provide all Goods (de?ned particularly below) and complete the Services (de?ned particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.

SECTION2. Score or SERVICES
(a) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to perform the services and tasks set forth in Exhibit 000920612

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“Scope of Services” (hereinafter, the “Services"), and the City agrees to retain and does hereby retain Vendor for the Services.
(b) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment set forth in Exhibit “Scope of Services” (hereinafter, the “Goods"). Unless speci?cally stated othenrvise, the Goods shall be new and unused and of the current production year.

SECTION3. SCHEDULEOF PERFORMANCE
Vendor shall provide the Goods and/or Services expeditiously, within the Term of this Agreement, as set forth in Exhibit “Schedule of Performance." Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.

SECTION4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “AdditionalWork.” As used herein, “AdditionalWork” means any work which is determined by City to be necessary forthe proper completion ofthe Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 “Administration and Implementation" or Section 28 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.

SECTION5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $221,312.00 (“Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 27 “Administration and lmp|ementation" or Section 28“Amendment” of this Agreement.
(b) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor. (c) Ifthis Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B”“Compensation." (d) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.

SECTION5. METHODOF PAYMENTAND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed and/or the goods provided. The invoices shall be delivered to City at the 000920612

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address set forth in Section 22, “Notices” hereof.
(b) Vendor shall at any time prior to the fifteenth (15”‘)of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below.
(c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly bases, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. Ifthe compensation set forth in Section 5(a) and Exhibit “B”include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (cl). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission. (d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City willuse its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor’s correct and undisputed invoice. (e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount speci?ed herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.

SECTION 7. INDEPENDENTCONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor 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 othenlvise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by 00092061 .2

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City.
(b) The personnel performing providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City, nor any elected or appointed boards, of?cers, officials, employees or agents ofCity, shall have control over the conduct ofvendor or any of Vendor's of?cers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers, employees, or agents are in any manner officials, of?cers, employees or agents of City.
(c) Neither Vendor, nor any of Vendor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may othenrvise accrue to City’s employees. Vendor expressly waives any claim Vendor may have to any such rights.

SECTION8. ACCEPTANCEOF GOODS
(a) The Goods shall be received subject to City's inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City's speci?cations. Final inspection of the Goods shall be at the location speci?ed herein, unless otherwise agreed in writing. Acceptance of any of the Goods by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemni?cation”and Section 20 “Insurance.”
(b) Ifthe Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or othenrvise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor's risk for a reasonable time thereafter and shall be returned or disposed of at Vendor's expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

SECTION9. ACCEPTANCEOF SERVICES
City may inspect and accept or reject any of Vendor's work under this Agreement, either during performance ofthe Services or when Services are completed. City shall reject or ?nally accept Vendor's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, othenlvise Vendor's work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Vendor's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
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SECTION10. CONTINUITYOF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor's staff and subcontractors, ifany, assigned to provide the Goods and/or Services.

Vendor shall notify City of any changes in Vendor’s staff andsubcontractors, if any, assigned to provide the Goods and/or Services priorto and during any such performance.

SECTION11. STANDARDOF PERFORMANCE
Vendor represents and warrants that it has the quali?cations, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A"“Scope of Services”that shall also be applicable to Vendor’s work under this Agreement. Where there is a con?ict between a general and a specific standard of performance or performance criteria, the speci?c standard or criteria shall prevail over the general.

SECTION12. WARRANTYor Goons
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, speci?cations, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and ?t for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer's warranty or as agreed to by Vendor and City, from the date of ?nal written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the ‘proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

SECTION13. COMPLIANCEWITH APPLICABLELAWS; PERMITSAND LICENSES (a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set 00092061.2

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forth in this Agreement and that such licenses are in good standing. Vendor further represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, of?cers, of?cials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section. (b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARBto include any item of equipment with a fuel-powered engine.

Vendor shall indemnify City against any ?nes or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement. (c) To the extent applicable, Vendor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California PorterCologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. i. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, ?nes, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, of?cers, employees, volunteers and agents free and harmless, pursuant to the indemni?cation provisions of this Agreement, from and against any and all ?nes, penalties, claims or other regulatory requirements imposed as a result of Vendor‘s non-compliance with the laws, regulations and policies described in this section, unless such non—comp|iance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, of?cers, agents, employees or authorized volunteers.
ii. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section. Vendor further warrants that it, its 00092061 .2

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employees and subcontractors willreceive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided underthis Agreement. Upon request, City willprovide Vendor with a list of training programs that meet the requirements of this paragraph.

SECTION14. PREVAILINGWAGE LAWS
(a) Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance”projects. Since the Services are being performed as part of an applicable "public works" or “maintenance” project, as de?ned by the Prevailing Wage Laws, and Since the total compensation is one-thousand dollars ($1,000) or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies ofthe 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 Vendor's principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected of?cials, of?cers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) Since the Services are being performed as part of an applicable “public works" or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations (“DlR"). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. Itshall be Vendor's sole responsibility to comply with all applicable registration and labor compliance requirements.

SECTION15. NONDISCRINUNATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. 00092061 .2

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Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 72850 et seq.). The applicable regulations ofthe Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Vendor shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION16. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 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. Safety precautions as applicable shall include, but shall not be limitedto:
i. Adequate life protection and lifesaving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, con?ned space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and
iii. Adequate facilities for the proper inspection and maintenance of all safety measures.

SECTION17. ACCOUNTINGRECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. Allsuch records shall be clearly identi?able.

Vendor 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. Vendor 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 ?nal payment under this Agreement.

SECTION18. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. |fVendor disputes the City's decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.

SECTION19. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed of?cials, of?cers, employees, representatives and agents (“Indemni?ed Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative orjudicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an 00092061 .2

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employee of Vendor or subcontractors), liabilitiesof every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorneys fees and costs, (collectively "C|aims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Goods and/or Services provided by Vendor, its of?cers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Vendor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willfulmisconduct of the Indemnified Parties.
(b) Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Vendor and shall survive the termination ofthis Agreement and this section.

SECTION20. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “D"“|nsurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver ifso approved in writing by the City Manager. Vendor agrees to provide City with copies of required policies upon request.

SECTION21. TERMINATION or AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) lfeither Vendor or City fail to perform any material obligation underthis Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor's possession shall be returned to City.

Vendor shall furnish to City a ?nal invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 “Method of Payment and |nvoicing” of this Agreement. This final invoice shall be reviewed and paid in the 000920612

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same manner as set forth in Section 6 “Method of Payment and lnvoicing” of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Vendor's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Vendor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Vendor with written notice of the rescission, at which time Vendor would be required to resume performance in compliance with the terms and provisions of this Agreement. Vendor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION22. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certi?ed mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Ave
Hemet CA 92543
To Vendor: Crime Scene Steri—Clean,LLC
Attn: Robert McKeever
9624 Hennosa Ave.

Rancho Cucamonga, CA
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, ifmailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION23. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION24. ASSIGNMENT
Vendor 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 tra nsfer.

SECTION 25. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions ofthis Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any 000920612

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provision of this Agreement. Acceptance by City of any Goods or Services shall not constitute a waiver of any of the provisions ofthis Agreement.

SECTION26. AUTHORITYTO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.

SECTION27. ADMINISTRATIONAND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additionalfunds, consistentwithSection 28 “Amendment”and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION28. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by 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 written modi?cations cannot be waived and that any attempted waiver shall be void.

SECTION29. CONFLICTSOF INTEREST
(a) Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would con?ict in any manner with the interests of City or which would in any way hinder Vendor's ability to provide the Goods andlor Services. Vendor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Vendor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non-related goods and/or services to other governmental agencies and private parties. Vendor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Vendor will, provide non—re|ated goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.

SECTION30. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a US. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION31. ATTORNEWSFEES,COSTSAND EXPENSES
in the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
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SECTION32. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, ?nal and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTIONS3. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining 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).

Sucnon 34. TIME or Essence
Time is of the essence for each and every provision of this Agreement. 00092061 .2

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Goons AND SERVICESAGREEMENT
FORCUEAN-UPor HIGHWAY74&79
BETWEENTHE CITYOF HEMETAND CRIMEScENESTERI-CLEAN, LLC
INWITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first—abovewritten.

CITY OF HEMET
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By:

APPROVED AS TO FORM:

CITY ATTORNEY
By:

VENDOR
By:

Its:
000917402
Signature Page Page 74 of 111

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EXHIBIT“A”

SCOPE OF SERVICES
Exhibit A — Scope of Services Page 1

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EXHIBIT“B”

COMPENSATION
Compensation for the Services shall not exceed $221,312.00.

Exhibit B - Compensation Page 1 Page 76 of 111

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EXHIBIT“C”

SCHEDULE OF PERFORMANCE

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EXHIBIT“D"

INSURANCE
(A)INSURANCEREQUIREMENTS.Vendor shall provide and maintain insurance, acceptable to the City, in fullforce and effect throughout the Term ofthis 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 Vendor, 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:Vll. Vendor shall provide the following scope and limits of insurance:

1. MINIMUMSCOPEOF INSURANCE. Vendor shall maintain the
following types and limits of insurance.

2. MINIMUMLIMITSOF INSURANCE.

GENERALLIABILITYINSURANCE.Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Of?ce form CG 00 01, in an amount not less than $1 ,O00,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liabilitythat has not been amended. Any endorsement restricting standard ISO “insured contract" language willnot be accepted.

AUTOMOBILE LIABILITYINSURANCE.Vendor 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 Vendor arising out of or in connection with Services 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.

PROFESSIONALLIABILITY (ERRORS& OMISSIONS)INSURANCE.Vendor shall maintain professional liabilityinsurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1 ,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Vendor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATIONINSURANCE.Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer's LiabilityInsurance (with limits of at least $1 ,000,000 per accident or disease). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its of?cers, agents, employees and volunteers.

UMBRELLA0R EXCESSLIABILITY INSLiRAl\'CE.[Optional depending on limitsrequired]. As an option to meet the limits of insurance required by this Agreement, Vendor 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

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coverages set forth above, including commercial general liability, automobileliability,and employer's liability. Such policy or policies shall include the following terms and conditions:

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 “followform”to the underlying primary policies; and
insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHERPROVISIONS.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 thirty (30) days‘ prior written notice by certified mail, return receipt requested, has been given to City.
(C) OTHERREQUIREMENTS, Vendor agrees to deposit with City, at or before the effective date of this Agreement, certi?cates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor 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, Vendor shall furnish certi?cates and endorsements from each subcontractor identical to those Vendor provides.

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, of?cials, employees and volunteers or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

The procuring of such required policy or policies of insurance shall not be construed to limitVendor’s liability hereunder nor to fulfillthe indemnification provisions and requirements of this Agreement.

Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satis?ed 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 bene?t of City before

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the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
. Allinsurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed of?cers, agents, officials, employees and volunteers or shall speci?cally allow Vendor or others providing insurance evidence in compliance with these speci?cations to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. . General liability policies shall provide or be endorsedto provide that City and its of?cers, of?cials, 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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City of Hemet
Clean-Up of Highway 74 & 79
Hunter Consulting Inc.,
dba HCI Environmental & Engineering
1680 Commerce Street, Corona CA 92880
Contact: Cathie Curtis
Phone: 951-280-0298
Email: [email protected]
The following

BUSINESS PROPOSAL
is submitted by:

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BID SUBMISSION
DATE:

TO:

FROM: Hunter Consulting Inc., dba HCI Environmental & Engineering RE:

HCI Environmental & Engineering is responding to the City of Hemet Invitation for Formal Bid-Clean up of Highway 74 & 79. If awarded the agreement, HCI agrees to enter into a contract with the City of Hemet and has the availability of staff and other required resources for performing all services and providing all deliverables as described in this IFB including all of the required permits, licensing and trained staff.

Furthermore, HCI confirms having a health and safety program as required by Title 8, California Code of Regulations, and will comply with all local, State, and Federal laws and regulations governing haulers of hazardous waste.
• This bid is to remain valid for a period of not less than 90 days from the date of submittal.

Should any questions arise, or any items that need to be clarified, please contact Gregory J Parker who is authorized to represent HCI as well as enter into negotiations in respect to this RFQ and any subsequently awarded contracts, at the number listed below.

Gregory J Parker
President/CEO
Hunter Consulting Inc.,
dba HCI Environmental & Engineering Services
[email protected]
7/5/2023
City of Hemet
Clean-up of State Highway 74 & 79

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Homeless Encampment Clean-up
HCI crews are sensitive to these situations and make every effort to work with the people and cities affected by this and create as pleasant an environment as possible.

Services Provided:
-Demolition and disposal of structures and large debris. -Collection, removal and disposal of small debris.
-Collection, packaging, preparation of proper paperwork and transportation of bio-hazardous materials (sharps, human feces, urine, soiled clothing, drug paraphernalia, trauma scene debris and human excrement, etc.) -Collection, packaging, preparation of proper paperwork and transportation of hazardous waste (aerosols, petroleum products, paint, etc.)
HCI’s environmental technicians are fully trained for all scenario’s experienced during the homeless encampment cleanup program including but not limited to the following: -Bloodborne pathogens -Trauma scene cleanup - COVID-19 decontamination -40 hour HAZWOPER -Confined space entry -Chemical spill response and remediation - Characterization and labpacking
HCI understands the requirements of each project differ. HCI is very experienced in working with law enforcement and city personnel in multiple scenarios. HCI is fully licensed and insured to provide homeless encampment cleanup services 24/7/365.

Please visit our website at www.hcienv.com for more information or call me at either number below, we also have several contracts with other local cities, that may fit your needs also.

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COMPANY INFORMATION
Company: Hunter Consulting, Inc. dba
HCI Environmental & Engineering Service (California)
Address: 1680 Commerce Street
Corona, CA 92880
Phone: 800.988.4424
951.280.0298 Office 951.280.0118 Fax
Contact: Gregory J. Parker – [email protected]
C. Robert Guy – [email protected]
Website: www.HCIENV.com
Entity Status: Corporation # of Employees: 35
State of Incorporation: Nevada Date of Incorporation: 04/00 Federal Tax I.D. #: 88-0463772 Dunn & Bradstreet #: 79-944-9827 A – General Engineering Contractors State License #: 788216 -C-21 Demolition
-Hazardous Substances Removal and
- Remedial Actions Certification
-Asbestos Certification
-Home Improvement Certification
NAICS Identification (ID) #: 562910
EPA Identification (ID) #: CAR000329953
DIR #: 1000004254
Hazardous Materials Transportation License #: 137055
Insurance/Bonding: Willis Insurance
Contact: Andrew Shutak
4250 Executive Square, Suite 250
La Jolla, CA 92037
858.678.2104 Office
858.678.2100 Fax
Small Business Certification #: 0022207
Department of General Services
Office of Small Business Certification and Resources
707 Third Street, 1st Floor, Room 400
P.O. Box 989052
West Sacramento, CA. 95798-9052
Contact: Bobby
916.376.5330 Office

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HAZMAT TEAM
www.HCIENV.com

CAPABILITY STATEMENT
BUSINESS SUMMARY:

HCI is a full-service environmental management company specializing in general contracting, biohazard clean-up, hazardous waste transportation & disposal and 24/7 emergency chemical spill and disaster response. HCI provides consistent, cost-effective services and products to customers throughout the United States, and has provided superior environmental services to the private, commercial and government sectors for over 30 years. HCI’s workforce includes engineers, planners, and scientists who are capable of delivering a variety of specialized support services at a moment’s notice.

CAPABILITIES:
- Demolition
- Waste Categorization, Profiling & Manifesting
- Bio Hazard Decontamination
- Containerized Waste Vacuum Tanker, Bulk
Tanker, Truck & Trailer
- Homeless Encampment Cleanup
- Fentanyl/and other Opioid Decontamination
- Emergency Chemical Spill & Disaster Response
- Bulk Waste
- Sampling and Analysis
- Coronavirus Decontamination
- Trauma Scene Clean up
FACILITIES AND EQUIPMENT:
- Vacuum Trucks - Loaders
- Excavators - Box Vans - Truck & Trailers
- Equipment Trucks - Bobcats - Backhoes
- High-Pressure Washers - Light Towers
EXPERTISE:

HCI’s experience offers several distinct advantages that include technical understanding, management systems, and resources. We bring value and strength to our customers through:
• Understanding of public agencies – We have significant experience working with large public entities with multiple, concurrent tasks and complicated environmental issues while meeting strict budget and schedule requirements.
• Proven past performance – We take pride in our ability to provide superior work products and rapidly respond to clients’ requests and needs.
• Development of practical and attainable solutions– HCI understands the necessity of making timely and cost-effective decisions.

Summary
HCI is committed to providing superior service to all its clients by maintaining a fully staffed customer service and regulatory compliance department. We are a hands-on, turn-key, field services company specializing in providing the expertise, personnel, equipment, and technology to complete a wide variety of environmentally related projects.

Our successful track record is built upon a combination of diligence, flexibility, and process, all of which provides a thorough understanding of our clients’ needs. Our high-quality service, coupled with competitive rates and our extensive database of qualified personnel, combine to make HCI the right choice for your environmental and engineering needs.

Company Name:

Hunter Consulting Inc., dba HCI
Environmental & Engineering
Corporate Office:
1680 Commerce Street
Corona, CA 92880
Mailing Address:

P.O. Box 2745
Corona, CA 92878
Phone:

Office: 951.280.0298
24/7/365: 800.988.4424
Fax: 951.280.0118
Email:
[email protected]
Website:
hcienv.com
California Corporation:

C2201286
Dunns:
799449827
Municipal Contracts:

City of San Jose
City of Pasadena
County of San Bernardino
County of Los Angeles
County of Riverside
Riverside Sheriff
City of Palmdale
City of Murietta
City of Menifee
City of Fontana
City of Ontario
Orange County Sheriff
Superior Court of California
OC Public Defender

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00092061.2
IV. BID SHEET FOR CLEAN-UP OF HIGHWAY 74 & 79
DATE: _______________________
TO THE CITY OF HEMET, CALIFORNIA:

BIDDER (Firm Name)
__________________________________________________________ The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Highway Clean-up Services as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

The undersigned 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
LUMP SUM BASE BID (in words and in figures) $ __________________________ (in figures)
___________________________________________ dollars & _________/100 (in words)
The above 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.
7/5/2023
Hunter Consulting Inc., dba HCI Environmental & Engineering Service Hunter Consulting Inc., dba
HCI Environmental & Engineering Service 788216 C21, A HAZ ASB $290,500.00
Two hundred & ninety thousand, five hundred 00
1000004254 6/30/2025

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00092061.2
Addendum(a) No(s). _______________ has/have been received and is/are included in this proposal.

The undersigned 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:
06262023-01 Q&A set1 , 06262023-02 Answers to questions, 06272023-01 Q&A set 2, 02672023-02 Bid forms added, 06272023-03 Q& A set 3, 06282023-01 Q &A set 4, 0682023-02 Q&A set 5, 06282023-03 Q&A set 6, 06282023-04 Q&A set 7, 06282023-05 Q&A set 8, 062282023-06 Q&A set 9 below
Hunter Consulting Inc., dba HCI
Environmental & Engineering Service
Physical: 1680 Commerce St.

Corona, CA 92882
Mailing: PO Box 2745
Corona, CA 92879 951-280-0298
800-988-4424
[email protected] 137055
Gregory J Parker
1000004254 788216
CEO

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00092061.2
V. REFERENCE SUBMITTAL FORM
Firm #1 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Firm #2 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Firm #3 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of San Jose-Beautify San Jose Program & RVP3 Program 1601 Foxworthy Ave., San Jose, CA 95118
Olympia Williams 408-535-3540
Olympia [email protected] 1,000,000.00 annually
2020 current
Brief Description of Project: Clean up and demo of homeless encampments and debris from 12.9 miles of the Santa Ana River Trail in Orange County. Please see attached letter of recommendation. ____________________________________________________________________________ City of Murrieta
1 Town Square, Murrieta, CA 92562
951-461-6029
[email protected] not to exceed $35,000.00 annually Lindsay Sisti
2021 current
Provide turnkey homeless encampment clean up within city limited ____________________________________________________________________________ including public property, agency property, right-of-way property or private property in urban terrain and waterways.

County of Orange-Parks
1 Irvine Park Road, Orange, CA 92869
Candice McIntyre 714-973-6627
[email protected] not to exceed $200,000.00 annually 2021 current
* HCI Environmental is the current vendor for the City of Hemet Hazardous Waste Removal-see attached letter of Recommendation.

Brief Description of Project: 2 crews of 5 each provide daily clean up of homeless encampments and debris from locations across the City of San Jose, providing bio and trash removal from public property, city right of way and urban areas. Currently participating in a pilot program of removal of bio hazardous waste from a unhoused citizens "RV Park". HCI also provided a team of 5 for a temporary storm damage debris removal contract.

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7/5/23, 9:17 AM Encampment Management Program | City of San José

ENCAMPMENT MANAGEMENT PROGRAM
Our Encampment Management Program addresses:

Encampment Trash Pickup: Proactive weekly trash service to approximately 185-200 active encampments and a Cash for Trash program.

Inter-Agency Coordination: Works with different agencies who own land in San José and coordinates trash/blight removal activities on their property.

Encampment Clean-ups: Removes trash/debris and scales down the size of an encampment, enrolls unhoused residents in trash program, and allows residents to stay at encampment if they cooperate with the Good Neighbor Rules.

Encampment Abatement: Removal of homeless encampments and people that are in setback areas such as within 150 ft. of schools, blocked streets, sidewalks, trails or present serious health and/or safety conditions based on a risk assessment.

During abatements, the City of San José will remove all items and materials remaining in the area, including items left within sight of the current encampment area and/or waterway. Personal property* collected will be stored at a City facility for 90 days unless it’s perishable, dirty or soiled, contaminated, hazardous or explosive, disassembled or broken items (including electronic parts stripped for copper, bike parts, pallets, or wood or other metal parts), weapons, obvious trash, or items that present an immediate health or safety hazard.

There are no abatements (i.e., people are not being moved) during escalated cleanups.

The City of San José conducts escalated cleanups when sites contain abandoned, burnt, broken or disassembled items, substantial amounts of trash and large items, or hazardous or flammable material that poses an immediate health or safety hazard. During an escalated cleanup, BeautifySJ staff removes all items and materials outside of organized living spaces (approximately 12' x 12' per space).

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7/5/23, 9:17 AM Encampment Management Program | City of San José

SETBACK LOCATIONS &

CONDITIONS

DEFINITION
Blocking Public Right-of-Way
Sidewalks
Streets
Trails
Medians
Permitted events at City facilities
City facility (park restroom, playground, community center, library, fire station) Health and Safety Concern
Fire danger
Vehicle/Pedestrian Danger
Unauthorized access to electrical
Potential for drowning
Significant unsanitary conditions
Severe vector control issue
Adjacent to Residential Fencing/Wall
Obstruction to Critical Infrastructure
Infrastructure Degradation
Public Operations and Maintenance
Construction project (on land or waterways)
Hospitals/Trauma Centers (150’ feet)
The BeautifySJ Encampment Management Program uses an encampment intake form to gather information about reported encampments in San José and assess them to determine appropriate actions.

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6/1/2023
To Whom It May Concern:

The OC Parks Regional Trails and Open Spaces unit is responsible for the maintenance and safe operation of the OC Parks Regional Trail system, which includes several hundred miles of recreational trails within Orange County. In addition to recreation, the system is also used for commuting purposes and spans from county lines in all directions, connecting OC Parks regional facilities, City and County beaches, State Parks facilities, transportation centers, schools, and places of employment.

OC Parks has contracted with HCI Environmental & Engineering Service since March of 2022 for on-call Environmental Clean-Up Services as issues such as illegal dumping of hazardous debris and transient encampments create hazardous conditions and prevent us from performing routine maintenance and/or repair and remediation projects on our trails and in our open spaces.

Due to a large increase in transient activity, Regional Trails has been utilizing these services frequently for clean-up projects along the Santa Ana River Bikeway. Each time, HCI has provided us with outstanding service. I have found that everyone (administrative and field staff) is very helpful and easy to work with. They communicate effectively and they have a thorough understanding of the contractual requirements and the regulations that govern the work they perform, which is extremely helpful to someone like me that is relatively new to the process.

We can rely on HCI to be on-time, ready to work, with all the tools necessary to get the job done. And when last minute changes to the scope of work have occurred, most often on-site, such as the need for additional transport vehicles or the need for staff overtime due to volume. Each time, they have responded quickly with cost estimates, getting the equipment on-site, and have been flexible with schedules to prevent delays or risk leaving the site unfinished for the day.

Due to the size of the Regional Trail system, we work with a variety of contractors to help accomplish our goals. HCI is one of my favorite vendors to work with as they seamlessly go above and beyond each time, making it easier for us to accomplish our goals.

Sincerely,
Candice McIntyre
Staff Specialist
Regional Trails and Open Spaces
OC Parks

DYLAN WRIGHT

DIRECTOR

OC COMMUNITY RESOURCES

CYMANTHA ATKINSON

ASSISTANT DIRECTOR

OC COMMUNITY RESOURCES

JULIE LYONS

DIRECTOR

ADMINISTRATIVE SERVICES

MONICA SCHMIDT

INTERIM DIRECTOR

OC ANIMAL CARE

JULIA BIDWELL

DIRECTOR

OC HOUSING & COMMUNITY

DEVELOPMENT

RENEE RAMIREZ

DIRECTOR

OC COMMUNITY SERVICES

PAMELA PASSOW

INTERIM DIRECTOR

OC PARKS

JULIE QUILLMAN

COUNTY LIBRARIAN

OC PUBLIC LIBRARIES
13042 OLD MYFORD ROAD
IRVINE, CA 92602
PHONE: 866.OCPARKS

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00092061.2
VI. LOCAL VENDOR PREFERENCE

CITY OF HEMET

LOCAL BUSINESS PREFERENCE AND CERTIFICATION REQUEST
(Bidders requesting a 5% Local Business Preference must enclose this form in the Bid Package) NOTICE TO ALL BIDDERS: Section 2-340 of the City of Hemet Municipal Code requires that a Local Preference be given to bidders who qualify as a local business.

A. Section 2-340 requires qualified local vendors to be given preference in bid evaluation and award if a qualified local vendor does not make the lowest priced submission. Any qualified local vendor that makes a responsive submission shall have their submission price reduced by five percent for the purposes of comparison to the other submissions received by the City in making the determinations required by Section 2-334 through 2-336. If with this five percent reduction a qualifying local vendor would be awarded the contract, the qualifying local vendor shall be given the opportunity to amend their submission to price match the true lowest priced submission. If the qualifying local vendor agrees to price match then the contract shall be awarded to the local qualifying bidder.

B. For purposes of this section, a “qualified local vendor” shall be defined as:

1. An individual, partnership or corporation which has fixed facilities with employees located within the corporate limits of the City; and which is shown by the records maintained by the City’s finance department as having secured all necessary business licenses and as having paid all applicable fees and taxes imposed by the City;

2. It has a business street address (P.O. Box or residential address shall not suffice to establish a local preference);

3. All sales tax for the purchase of goods must be reported to the State through a business within the geographic boundaries of the City of Hemet.

C. For purposes of this section, “preference” shall mean the reduction factor applied to the bid of a local vendor that will allow the local vendor to amend their submission and price match the true lowest priced submission.

IMPORTANT NOTICE (Read before signing)
THE UNDERSIGNED HEREBY REQUESTS PREFERENCE AS A “LOCAL BUSINESS”.

THE “LOCAL BUSINESS PREFERENCE AND CERTIFICATION REQUEST” MUST BE SIGNED IN THE SAME NAME STYLE IN WHICH THE BIDDER IS LICENSED BY THE CITY OF HEMET.

Legal Name of Bidder(s) ___________________________________________ Address of Bidder _________________________________________________ Bidder City of Hemet Business License No. ___________________________ n/a as we are located in
Corona

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Rev. 0
February 2020

BID SECURITY FORM FOR BOND
KNOW ALL BY THESE PRESENTS:

That the undersigned
,
Dollars ($ ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal’s base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal is submitting a Bid for [CLEAN-UP OF HIGHWAY 74 & 79] THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this ______ day of ______________________________, 20__.
(Month)
(Corporate Seal) By
Principal
By
Surety
(Corporate Seal) By
Hunter Consulting Inc., dba HCI Environmental & Engineering (Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY OF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In Words) twenty-nine thousand and fifty dollars 29,050.00
5th July 23
Gregory J. Parker/CEO
*
*Trisura Insurance Company
Sarah C. Brown, Attorney-in-Fact

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_____________________, 20_____.

Donald E. Appleby, Mark Sweigart, Todd D. Bengford, Sarah C. Brown, Ashlea McCaughey, Jessica Jean Rini

BID BOND
July 5 2023

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CCMA TR-08-22-CN23
City of Hemet

CLEAN CALIFORNIAMAINTENANCEAGREEMENT

WITHTHECITYOF HEMET
ThisCLEAN CALIFORNIA MAINTENANCEAGREEMENT(“AGREEMENT”)is made by and between the State of California, acting by and through the Department of Transportation (“STATE”), and The City of HEMET(“LOCAL AGENCY"): each may be referred to individually as a “PARTY”and jointly as “PARTIES”.

I.
. Maintenance Standards.

RECITALS
ThisAGREEMENTwillidentify The specific maintenance functions STATErequests LOCALAGENCY to perform in The STATEright of way, including highway and freeway areas situated within LOCAL AGENCY'S jurisdictional limits as authorized in Streets and Highways Code Section I30.

Pursuant to The “Clean California Beautification Program of 202i ,” The PARTIES desire To identify specific mission—criTicaI maintenance services LOCAL AGENCY willperform on and around STATEright of way situated within LOCAL AGENCY’s jurisdictional limits.

OPERATIVEPROVISIONS
. Maintenance Services. LOCALAGENCY shall perform litter, debris, and graffiti removal at The State Route(s) (SR), post miles (PM) and approximate mile lengths (STATERight of Way) set forth in Exhibit A. LOCALAGENCY shall remove and discard litter and debris, including, but not limited to: furniture, appliances, Tirecasings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage.

LOCAL AGENCY shall perform all maintenance
services in compliance with The provisions of Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and STATEpolicies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

Prior Maintenance Agreements. The PARTIESagree that ThisAGREEMENTdoes not supersede The PARTIES’existing Delegated Maintenance Agreement or other maintenance agreements, if any.

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CCMA TR-08-22-CN23
City of Hemet
Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 8 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT. . Party Representatives and Notices.

LOCAL AGENCY's Streets Supervisor is: Gregg Holyoak
STATE’sDMAC is: Chris Nator
Allnotices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIESat their respective addresses as follows:

LOCALAGENCY
Attn: Streets Supervisor: Gregg Holyoak
Address: 3777 Industrial Ave.

City, Zip: Hemet, Ca 92545
STATE
Attn: Chris Nator
Address: Caltrans District 8 — Division of Maintenance
Maintenance Project Management, MS-I I07
464 W. 4th Street
City, Zip: San Bernardino, Ca 92401-I400

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7.2 . Excluded Maintenance Activities.

Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within STATERight of Way. LOCALAGENCY shall comply with the processes and procedures set forth in STATE’s“Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltransowned Property,” dated July 2021, and as may be amended during the term of this AGREEMENT(Interim Guidance).

Abandoned Encampments. If LOCAL AGENCY encounters abandoned Right of Way, LOCALAGENCY

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CCMA TR-O8-22-CN23
City of Hemef
pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE’sDistrict Hazardous Material Manager for appropriate action.

7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed abatement, remove overgrown brush, trees, grass and limbs or conduct any spraying, grading, mowing or discing for any maintenance services within STATERight of Way.

Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCALAGENCY shall discuss such possible arf with STATE’s District 8 Transportation Art Coordinator
([email protected]) before conducting any graffiti removal or remediation. STATE shall pay the actual cost of LOCAL AGENCY’s graffiti removal as specified in Section Tl of this AGREEMENT.
. Maintenance Service Schedule. LOCALAGENCY shall provide STATE’sDistrict 8 Area Maintenance Superintendent, John Hubbs, at least twenty-four (24) hour prior telephone or email notice before performing any maintenance services under this AGREEMENT. His email and phone number are:

[email protected] (951) 849-6360. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENTwith a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum monthly basis. Maintenance services shall be performed between the hours of 6:00 am and 6:00 pm and may be performed on weekends and holidays if necessary.

LOCALAGENCY must request through the DMAC a prior written approval from STATE’sDistrict Maintenance Supervisor to perform any maintenance services before 6:00 am or after 6:00 pm.
lO.Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and Band amounts appropriated to STATEpursuant to the Clean California Beautification Program of 202l have been considered in setting authorized total dollar amounts.

LOCAL AGENCY may perform additional work if desired, but STATEwill not reimburse LOCALAGENCY for any work in excess of the authorized dollar limits established herein.

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CCMA TR-O8-22-CN23
City of Hemet

11.1 Amendment to Approved Expenditures. Upon LOCALAGENCY’s written

11.2 Term of Expenditures.
request, the expenditures per route for maintenance services set forth in ExhibitsA and Bmay be increased, decreased, or redistributed between routes pursuant to the PARTIESexecuting an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative.

Additional expenditures or an adjustment of
expenditures once authorized shall apply only for the term of this AGREEMENTand shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in ExhibitsA and B.Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.

12.Billing, Payment and Reporting.

12.1 12.2
Billing Date. LOCALAGENCY shall submit billing invoices to STATE’sDMAC each quarter beginning after the first quarter LOCAL AGENCY has performed maintenance services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’sfiscal year on each June 301“.

Billing Submission Format.
following:

Each billing invoice shall include all of the
(a) STATE’sClean California Program Code: CLEANCADMA;
(b) AGREEMENTnumber; CCMA TR-O8-22-CN23
(c) Date(s) of services;
(cl) Location of services;
(e) Number of hours and hourly rates;
(f) Receipts for trash disposal;
lg) Receipts for equipment, materials and supplies; and (h) LOCALAGENCY’s Performance Report that includes the information required under section 15 of this AGREEMENT.

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CCMA TR-08-22-CN23
City of Hemet
AGREEMENTmay be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.

T4.Encroachment Permits. Before LOCAL AGENCY may enter STATERight of Way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’sDistrict 8 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATEright of way not covered by this AGREEMENT. STATEwillissue these additional encroachment permits at no cost to LOCALAGENCY. LOCAL AGENCY’s contractors and sub—contractors must apply for and be issued separate encroachment permits before they may enter STATERight of Way to perform any maintenance or work under this AGREEMENT.

T5.Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report to record and report the quantity and description of litter, debris, and graffiti removed and maintenance services performed at each clean-up site and location set forth in Exhibits A and B. This Performance Report shall include dated and executed documents demonstrating the weight and/or amount of litter, debris, and graffiti removed, including disposal receipts from authorized disposal sites and/or landfills. The DMAC (or other title i.e; RESOURCE MANAGER) may also request that LOCAL AGENCY provide photographs of the sites taken before and after LOCALAGENCY’s maintenance services are performed.

T6. Legal Disposal of LitterCollected.

LOCALAGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATERight of Way. Such litter groupings shall be removed out of STATERight of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.

T7. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and

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CCMA TR-08-22-CN23
City of Hemef
producfs necessary To perform The mainTenance services under This AGREEMENT. STATEshall reimburse LOCAL AGENCY for The reasonable cosfs of such eauipmenf and supplies noT To exceed The aufhorized expendiTures seT forTh in ExhibiTB.

19. Legal Relations and Responsibilities.
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19.3 No Third-parfy Bene?ciaries. ThisAGREEMENT is noT lnTended To creaTe dufies, obligafions, or righTs of Third parfies beyond The PARTIESTo This AGREEMENT, nor does ThisAGREEMENTaffecf a PARTY’slegal liabilily by imposing any sTandard of care for The mainTenance of STATEhighways differenT from The sTandard of care imposed by law.
lndemnificafion. NeiTher STATE nor any of ifs officers or employees is responsible for any injury, damage or liabilify occurring by reason of anyfhing done or omiTTed To be done by LOCALAGENCY in connecfion wiTh any work, auThoriTy or jurisdicfion conferred upon LOCAL AGENCY under ThisAGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATEand ifs officers and employees from all claims, suifs, or acfions of every kind occurring by reason of anyfhing done or omiTTed To be done by LOCAL AGENCY, ifs conTracTors, sub—conTracTors and/or ifs agenfs pursuanf To ThisAGREEMENT.

NeiTher LOCALAGENCY nor any of ifs officers or employees isresponsible for any injury, damage or liabilify occurring by reason of anyfhing done or omiTTed To be done by STATE, in connecfion wifh any work, auThoriTy or jurisdicfion conferred upon STATEunder ThisAgreemenf. STATEshall fully defend, indemnify, and save harmless LOCAL AGENCY and ifs officers and employees from all claims, suifs, or acfions of every kind occurring by reason of anyfhing done or omiTTed To be done by STATE under ThisAgreemenf.

Work-related Injuries. If a LOCAL AGENCY—assigned crew member is injured while performing mainTenance services under ThisAGREEMENT, LOCAL AGENCY or ifs designafed subconfracfor shall be responsible for ensuring The crew member is given prompf medical care and TreaTmenT and, if necessary, Transporfafion To a medical facilify. LOCAL AGENCY or ifs designafed subconfracfor shall adminisfer any injury and workers compensafion claims. LOCAL AGENCY shall nofify The DMAC (or oTher

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CCMA TR-08-22-CN23
City of Hemet
2l.Se|f-Insured. LOCAL AGENCY is self—insured. LOCAL AGENCY shdll deliver evidence of self—insured coveroge providing generdl lidbility insuronce, coveroge of bodily injury dnd properly ddmdge liobility, in on dmount of $1 million per occurrence dnd $2 million in oggregote dnd $5 million in excess by delivering Cl Letter Certifying Self—|nsurdnce. The Letter of Self-lnsuronce must be substdntiolly in The form of Exhibit C dnd identify The AGREEMENTnumber, dnd locotion os depicted in Exhibits A dnd B. LOCAL AGENCY shdll provide the origindl Letter Certifying Se|f—lnsurdnce os d condition to STATE’sexecution of this AGREEMENT. A copy of the origindl letter shdll be ottdched to This AGREEMENTos Exhibit C.

22.Se|f-Insured using Contractor. IfThe work performed under ThisAGREEMENTis done by LOCAL AGENCY‘s conTrocTor(s), LOCAL AGENCY shdll require its conTrdcTor(s) to mdintdin in force, during The term of ThisAGREEMENT, Cl policy of generdl lidbility insuronce, including coveroge of bodily injury dnd property ddmdge lidbility, ndming STATE, its officers, ogents dnd employees os The odditiondl insured in on omount of $l million per occurrence dnd $2 million in dggregdte dnd $5 million in excess. LOCAL AGENCY shdll provide d certificate of insuronce evidencing Thisinsuronce in Cl form sotisfoctory to STATE.

22. Budget Contingency. STATE’spdyments to LOCAL AGENCY ore contingent upon The Legisloture oppropridting sufficient funds under the Budget Act, The ollocdtion of funding by The Cleon Cdlifornid Stdte Bedutificdtion Progrom of 202l os dppropriote, dnd the encumbrdnce of funding to STATE’s District Office.

23.Termination. This AGREEMENTmoy be Termindted by the mutudl written consent of edch PARTY. STATE moy terminote This AGREEMENT for convenience or for cduse upon Thirty (30) ddy prior written notice to LOCAL AGENCY. LOCALAGENCY moy terminote ThisAGREEMENTupon thirty (30) ddy prior written notice To STATE.

24.Term of Agreement. ThisAGREEMENTshdll become effective on the lost of The dotes edch PARTY's duthorized representotive hos executed this AGREEMENT dnd shdll expire on June 30, 2024, unless termindted or dmended.

25.Authority. Edch individudl executing this AGREEMENTon behdlf of edch PARTY represents dnd worrdnts thdt he/she is duly duthorized To execute this AGREEMENTds duthorized under Streets dnd Highwdys Code Sections l l4 dnd

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CCMA TR-08-22-CN23
City of Hemet

27.Electronic Signatures. Electronic signdtures of the PARTIES, whether digitdl or encrypted, ore intended to duthenticdte this written AGREEMENT, dnd shdll hove the some force dnd effect ds mdnudl signdtures for this AGREEMENT.

STATEOF CALIFORNIA
THELOCALAGENCY OF Hemet DEPARTMENTOF TRANSPORTATION
Jim A. Rogers
interim City Mdndger
I District Deputy Director
District8 Page 104 of 111

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CCMA TR-O8-22-CN23
City of Hemel
.
| A ., , ‘. ’ ‘« ‘v
I
' ~ . StaIeRmIIze74 (smm
, ;. ® smeanuceveisa-79!
lleulavdbychyot?evnet ..1i ‘I
PM 35.1 l 8.0 - 0.1 mile eclsl of Colverl Ave. CLEANCADMA lo O.l mile eczsl of Cclslon Ave.

PM 42.0 To 44.2 — O.l mile wesl of Columbia
Si. To 0.2 mile wesl of New Chicago Ave.

PM 25.6 To 26.4 — Junclion Si. 79 lo Eclsi CLEANCADMA
lvlenlo Ave.

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CCMA TR-08-22-CN23
City of Hemet

EXHIBITB
BREAKDOWN8. LISTINGOF MAINTENANCETASKS
TOTALMAXIMUMAUTHORIZEDEXPENDITURES: §350,000

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445E. FLORIDA AVE - HEMET, CALIFORNIA 92543 ° (951)765-2301 From the Office of

CITY MANAGER
California Department of Transportation District 8, January 10, 2023 ATTN: Jim A. Rogers, Deputy District Director, Maintenance 464 W. 4th Street
San Bernardino, Ca 92401, MS 1206
Re: Statement of Self-Insurance for City of Hemet for Clean California Maintenance Agreement No. CCMATR-08-22-CN23 with California Department of Transportation for the maintenance services along SR—74at PM 35.1/38.0, PM 42.0 to 44.2 and SR-79 at PM 25.6/26.4.

Dear Mr. Rogers:

Thisletter certifies that the CITYof HEMETis self-insured and se|f—funded covering third—party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITYis self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITYappropriates funds specifically to satisfy valid third—partyclaims and workers’ compensation claims, which may be brought against the CITY.

The CITYcertifies its self-insured, general liabilitycoverage for bodily injury and property damage liability, and meets the required coverage amounts in section 21 (Insurance) of the Clean CaliforniaMaintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

Ifyou need any additional information regarding this letter, please direct those inquiries through my office.

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23 CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTIONNO. 2023-010

A RESOLUTIONOF THE CITY COUNCILOF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE CLEAN

CALIFORNIAMAINTENANCEAGREEMENTBETWEEN

THE CITY OF HEMET AND THE DEPARTMENTOF

TRANSPORTATION ANDAUTHORIZINGTHE FINANCE

DIRECTOR TO INCREASE REVENUE PROJECTIONS
BY $175,000 ANDAUTHORIZINGTHE CITYMANAGER

TO EXECUTE ALL DOCUMENTS RELATED TO THE

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

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 desires to improve the quality of life for its residents and visitors; and
WHEREAS, the California Department of Transportation (Caltrans) has received $300 million in funding to beautify and improve communities within the State of California; and
WHEREAS, the Clean CaliforniaAgreement allows the City of Hemet to remove litter, debris and graffiti from specific sections of Highway 74 and Highway 79 that are located within the City limits; and
WHEREAS, the Public Works Department and Caltrans have identifiedsections of sidewalks and center medians along Highway 74 and Highway 79 where the City of Hemet will participate in the Clean California Maintenance Agreement; and

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1 WHEREAS, this Agreement willbecome effective on the complete execution of 2 the Agreement and shall expire on June 30, 2024; and
3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMETFINDS, 4 DETERMINES, ORDERS ANDRESOLVES AS FOLLOWS:
5 SECTION 1. The above recitals are all true and correct. 6 SECTION 2. Approves the Clean California Maintenance Agreement between 7 the City of Hemet and the Department of Transportation; and 8 SECTION3. Authorizes the Finance Directorto increase revenue projections by 9 $175,000; and
10 SECTION 4. Authorizes the interim City Manager to execute all documents 11 related to the Agreement.
12 SECTION 5. This Resolution shall take effect upon its adoption. 13 14
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23

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23 PASSED, APPROVED AND ADOPTEDthis 10th day of January, 2023.

Joe Males, Mayor
ATTEST:
¢’7:9—~
John aul Maier, City Clerk

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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 10th day of January, 2023, and was passed by the following vote:

AYES: Council Members: Krupa, Meyer, Peterson, Mayor Pro Tem Lilienthal, Mayor Males
NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.
0%//2—~
John Paul Maier, City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 08 2023
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Final Payment to CSG Consultants, Inc. (CSG) in the Amount of $17,439.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, Approving Payment of the Final Outstanding Invoices from CSG Consultants, Inc. totaling $17,439.

BACKGROUND:

The City of Hemet has utilized CSG to provide on-call plan check, inspection, and permit technician services. The initial contract term began on August 11, 2020, for a three-year term, not to exceed $55,000. On September 19, 2022, the agreement with CSG for Building and Safety Division Inspection and Plan Check Services ended. On February 14, 2023, City Council approved the termination agreement and payment of services totaling $44,000.

ANALYSIS:

The Building and Safety Division requires plan check, inspection, and permit technician services to process the projects and permits that are submitted daily to the City. The City had an increase in plan check volume that required additional support from the City’s consultants. CSG primarily provided plan check services from 2020 to 2022.

The Consultant was able to meet the contract expectations related to the services they provided. In July 2022, the direction was to select one consultant to provide all of these services which resulted in the discontinuation of CSG services.

DISCUSSION:

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The City sent a letter to CSG Consultants on September 19, 2022, providing notification of the agreement's termination. In February 2023, the the City Council authorized payment for a portion of remaining CSG invoices. Payment of the remaining invoices totaling $17,439 will complete the final CSG payment for on-call plan check, inspection, and permit technician services provided to the City of Hemet.

PREVIOUS COUNCIL ACTION:

On April 13, 2021, the First Amendment to the agreement was approved to increase the contract amount by $45,000 for expected increases in plan check submittals for a not to exceed amount of $100,000.

On August 20, 2021, the Second Amendment to the agreement was approved to increase the contract amount by $118,968.75 for an expected increase in plan check submittals, resulting in a not to exceed amount of $218,968.75.

On May 24, 2022, the Third Amendment to the agreement was approved to increase the contract amount by $102,000, resulting in a not to exceed amount of $320,968.75.

On February 14, 2023, the Fourth Amendment, Termination of the Agreement with CSG Consultants, and payment of $44,000 was approved.

STRATEGIC PLAN INTEGRATION:

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

Objective 1: Develop business practices that welcome new development by streamlining processes.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

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.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

Additional discretionary funding is not required from the General Fund. Resources for these services are included in the fiscal year (FY) 2023-24 Building and Safety Division budget (120-3300-2610).

ATTACHMENT(S):

CSG Resolution
CSG Consultants Original Contract 2020
CSG Exhibit B - Compensation
CSG Consultants Termination Letter 09.19.2022

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CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING FINAL PAYMENT

FOR SERVICES BETWEEN THE CITY OF HEMET AND
CSG CONSULTANTS, INC. FOR AN AMOUNT NOT TO
EXCEED A TOTAL OF $17,439 IN ORDER TO PAY THE
FINAL INVOICE BASED UPON EXHIBIT “B”

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

WHEREAS, City and Service Provider entered into an agreement for contract building and safety services on August 11, 2020. The Agreement provides that the Service Provider will assist the Building Division with contract plan check and inspection services on an as-needed basis, and
WHEREAS, Section 4 and Exhibit B of the original Agreement established compensation through the end of the term for a not-to-exceed amount of $55,000, and WHEREAS, First Amendment, dated April 13, 2021, amends Section 4 [Compensation and Method of Payment] to add additional compensation of up to $45,000 for a total not-to-exceed contract amount of $100,000 over the term of the agreement.

WHEREAS, Second Amendment, dated August 20, 2021, amends Section 4 [Compensation and Method of Payment] to add additional compensation of up to $118,968.75 for a total not to-exceed contract amount of $218,968.75 over the term of the agreement, and

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, Third Amendment, dated May 24, 2022, amends Section 4 [Compensation and Method of Payment] to add additional compensation of up to $102,000 for a total not-to-exceed contract amount of $320,968.75 over the term of the agreement.

WHEREAS, Fourth Amendment, dated February 14, 2023 amends Section 4 [Compensation and Method of Payment] to add additional compensation of up to $44,000 to pay outstanding invoices.

WHEREAS, Approving the outstanding invoices will suffice in fulfilling the final payment to CSG for on-call plan check, inspection, and permit technician services totaling $17,439.

WHEREAS, The City has provided CSG Consultants with a termination of services letter on September 19, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

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

SECTION 2. City Council Actions.
a) The City Manager, or his designee, is authorized and directed to utilize the funds allocated in the Building and Safety Division budget. b) The City Manager, or his designee, is authorized and direct to execute the Agreement for Services between the City of Hemet and CSG Consultants Inc., with the contract pricing for the term of the agreement to a not to exceed total the additional

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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$17,439 to pay the final invoice and authorize the City Manager to execute the Agreement with CSG Consultants Inc,
c) The City Manager, or his designee, is authorized and directed to execute any purchase orders, agreements, or other documents necessary to effectuate the contract in an amount not to exceed seventeen thousand, four hundred thirty-nine dollars [$17,439], so long as such purchase orders, agreements, or other documents are in a form approved by the City Attorney
SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on August 8, 2023.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this 8th day of August, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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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 8th day of August, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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r\r-u-|-nuI-\\JI'(I:I:IVII:NI FUN DEKVIUED
By and Between

THE CITY OF HEMET,
a California municipal corporation
and
CSG Consultants, Inc.
a California corporation
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AGREEMENT FOR SERVICES

BY AND BETWEEN

THE CITY OF HEMET, CALIFORNIA
AND
CSG CONSULTANTS, INC.

This Agreement for Services ("Agreement") is entered into as of this 11th day of August, 2020 by and between the City of Hemet, a California municipal corporation (“City") and CSG Consultants, Inc, a California corporation (“Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the “Parties."

RECITALS
A. City has sought, by request for proposal the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider. following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement. was selected by the City to perform those services.

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

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

OPERATIVE PROVISIONS
NOW, THEREFORE, 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. TERM OF AGREEMENT.

Subject to the provisions of Section 20 “Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the date first ascribed above. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Service Provider at least thirty (30) days prior to the end of the existing Term.

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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform to the satisfaction of the City the services set forth in Exhibit “A" “Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference. (b) Schedule of Performance. The Services shall be completed to the satisfaction of the City pursuant to the schedule specified in Exhibit Should the Services not pe compieiea pursuant to mat scneduie, me Service Provider snan oe deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts speci?ed in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual and reasonable expenses, shall not exceed fifty five thousand dollars ($55,000) annually, unless additional compensation is approved in writing in accordance with Section 26 "Administration and lmplementation“ or Section 28 "Amendment”of this Agreement,
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories‘ labor travel, materials, equipment and supplies. lf .....,¢ :...,.i..,¢.. .a....m,-..-.4» mt: |4UllI[Jt:ll§dLlU|I§UllUlLIlIlIbL||J3U\—ll\1ll\d}dIIu l._)\IlIL1Il u uiuuue payment Ul iauui uu an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any RIV #4815-8615-5717 V1

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charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice.
(0) Payment to service l"l'0VlClel’ tor work penormeo pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider's work under this Agreement. either during performance or when completed. City shall reject or finally accept Sewice Provider's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Providers work shall be deemed to have been accepted, City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Providers work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to. Section SECTION 6. 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 Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider‘ Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, files and other documents. if and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs studies surveys, lbpullb. uara, lluldb, uuiilpuu-:1 Inca, Inca Ul UIIIUI uui,uim-.-int: pi:-.-pan-:u, ucvciupcu ui discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider's guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

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SECTION 7. SERVICE PROV|DER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of account. invoices, vouchers. canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; othewvise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider's address indicated for receipt of notices in this Agreement‘ Ir-,\ ,.., |".if\I renqnn hraliavsa,
....-.- \(l .,.-.....-.. i\/ ..-..-.c ., \/I ...., ..
required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in~interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider 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.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Providers exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement.

Service Provider shall not at anytime or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees or agents of City.

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(c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Service Provider expressly waives any claim Service Provider may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A" “Scope of Work” that shall also be applicable to Service Providers work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, of?cers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

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SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

Service Provider hereby promises and agrees to comply with all of the provisions of the Federal immigration and Nationality Act, 8 U.S.C.A. §§ 1101, e_t E., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

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

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SECTION 15. CONFIDENTIAL INFORMATION;RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its of?cers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "vo|untary“ provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Service Provider's conduct.
(d) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Providers services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“lndemni?ed Parties“) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in pan, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for Riv M515-8615-5717 v‘l

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which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider.
(c) Indemnification from Subcontractors. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 27828, which limitsthe liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willfulmisconduct of the design professional. The term “design professional,'' as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(e) City's Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

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SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will ful?ll the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement." City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subSECTION 19. CONTINUITY OF PERSONNEL.

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

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. in the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider. or City may terminate this Agreement immediately upon written notice.

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(d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider's possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment" of this Agreement.

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. 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.

SECTION 23. COOPERATION BY CITY.

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

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SECTION 24. NOTICES.

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

To City: City of Hemet
Ann: Ulty Manager
445 E. Florida Avenue
Hemet, CA 92543
To Service Provider: CSG Consultants, Inc.

Attn: Cyrus Kianpour, President
550 Pilgrim Drive
Foster City, CA 94404
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed. three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. 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 28 “Amendment" and the City Manager’s contracting authority under the Hemet Municipal Code.

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

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SECTION 23. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the 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 written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

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

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

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C 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 Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

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SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

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

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year i"1rst«above written.

CITY OF HEMET
Christophca R. Lopez
City Manager
ATTEST:

Clay ames
Deputy City Clerk

APPROVED AS TO FORM
_j %f2/awe-b. sex ?v/,9hibityAitorney
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SERVICE PROVIDER
CSG Consultants, Inc.

NOTE: SERVICE PROV|DER’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
PROV|DER‘S BUSINESS ENTITY.

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ACKNOWLEDGMENT
A notary public or other officer completing this
certi?cate veri?es only the identity of the individual
who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
State of California
County of San Mateo )
on before me‘ Kathy Lau, Notary Public
(insert name and title of the officer)
personally appeared CY”-l5Klanpour
‘ who proved to me on the basis of satisfactory evidence to be the person(-eywhose name(5~)is/ere subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her-Rheirauthorized capacity(ies~), and that by his/he?their signaturefs) 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 naraoraph
mmPubhz V (ah?umI.:

San MateoCounty
WITNESS my hand and of?cial seal. i£
W’"W
V
.. N _v
I
‘ My:amm.ExpuesMay7 zm
Signatur (5931)

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

State of California
County of 53n’MaEe° ?g) 2
on Q“g 2 O 2 ( beforeme’ Kathy Lau, Notary Public
(insert name and title of the of?cer)
personally appeared NourdmKhayata
who proved to me on the basis of satisfactory evidence to be the person(-9-ywhose name(-53is/a?e subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her?heir authorized capacity?es-), and that by his/he?thetr signature(-s-) on the instrument the personési, or the entity upon behalf of which the person(-5§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 of?cial seal.

KAYNVLAU
NniaryPublvz— Calilomia
San Mateo(?unty §
(nmrnissiun : 2195992 ‘
MyComm FxnvresMay7, 202:

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EXHIBIT "A"

SCOPE OF SERVICES
I. Service Provider will perform to the satisfaction of the City the following Services:

Provide plan review, field inspection and permit technician services as needed on an on-call basis during peak workloads or from an unforeseen absence of City personnel.

Service Provider shall perform a review of submittal documents (plans, specifications, engineering calculations, soils, investigation reports, etc.) to assess compliance with the regulations contained in the various building code applicable to City facilities by policy and law.

Service Provider shall provide electronic plan review as needed.

Service Provider shall provide all vehicles, fuel, maintenance, and other equipment necessary for inspectors to carry out their duties. ll. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:

For each plan check review the Service Provider shall develop a comprehensive "Building Code Plan Check Report" of items found at variance with applicable codes. This report shall be presented in paper and electronic format.

III. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:

Pro'ect T e InitialReview Re-Check
Residential New Construction 10 Days 5 Days
Residential Additions 5 Days 5 Days
Small Residential Remodels 5 Days 5 Days
Non—Residential/Commercial New Construction 10 Days 5 Days Commercial Additions 10 Days 5 Days
Small Commercial Remodels/Tenant Improvements 10 Days 5 Days Large/Complex Commercial Projectsz 14 Days 5 Days
Expedited Plan Check 3-5 Days 3-5 Days
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For projects less than $50,000 in valuation, a turnaround time of 5 business days will apply.

Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, Service Provider will notify the City's representative and negotiate additional time required to ensure an appropriate level of review.

Service Provider will ensure that all building and safety duties and follow-up actions willbe performed in a timely and responsive manner.

Service Provider completes initial accelerated plan check within 5 working days.

Rechecks are completed in less than 5 days. At the request of the City. plan check services can be performed within an accelerated time frame; with an agreed upon extra charge when requested by staff.

IV. Service Provider will utilize the following personnel to accomplish the Services:

Service Provider willutilize personnel with the proper experience and training to accomplish the requested Services.

Service Provider shall not utilize previous City of Hernet Employees.

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EXHIBIT"B"

COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:

REVIEW TYPE/ ROLE HOURLY RATE
Plan Review ~ Certified Plans Examiner $100
Plan Review — Professional Engineer 5125
Plan Review — Professional Structural Engineer 5140
CASpConsultation $125
Certified Building Inspector $85
Certified Commercial Building Inspector $95
CASp Inspection $125
Permit Technician $70
Overtime 1.5 x Hourly Rate
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses.

Service Provider will coordinate the pickup and return of plans to and from Service Provider via a licensed courier service at no additional cost to City.

On each anniversary of the contract start date, Service Provider will initiate a rate increase based on changes in CPI-U for the applicable region.

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EXHIBIT "C"

INSURANCE
A. Insurance Reguirements. Service Provider 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 Service Provider, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A:V||.

Service Provider shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001)‘ (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code1 "any auto“ and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers‘ compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Service Provider and all risks to such persons under this Agreement.
(4) Professional Liability, Professional liability insurance appropriate to the Service Provider's profession. This coverage may be written on a “claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Providers services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage. 2‘ Minimum Limits of Insurance. Service Provider shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general
aggregate for bodily injury, personal injury and property damage.

RKV3348158615-5717 v1
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(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers’ Compensation. Workers‘ Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.
(4) Professional Liability. $1,000,000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. 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 certi?ed mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile LiabilitvCoverages. (1) City. and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.

The coverage shall contain no special limitations on the scope of protection afforded to City. and their respective elected and appointed officers, officials, or employees. (2) Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed of?cers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Providers insurance,
(3) Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage RIV 44s15—ss15—5717 V1
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provided to City, and its respective elected and appointed officers, of?cials, employees or volunteers.

3. Workers‘ Compensation Coverage. Unless the City Manager othenivise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed of?cers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Reguirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certi?cates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit 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, certi?ed copies of all required insurance policies, at any time.

1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider 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 Service Provider 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 Service Provider's liability hereunder nor to fulfill the indemni?cation provisions and requirements of this Agreement.

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445 E. FLORIDA AVE. HEMET, CA 92543 (951) 765-2348
September 19, 2022
CSG Consultants, Inc.

Attn: Cyrus Kianpour
550 Pilgrim Dr.

Foster City, CA 94404
RE: NOTICE OF TERMINATION OF AGREEMENT
Dear Mr. Kianpour:

Please let this letter serve as notice that the City of Hemet (“City”) is terminating the agreement between the City and CSG Consultants, Inc. (“Service Provider”), for Building and Safety Division Inspection and Plan Check Services (“Agreement”) entered into on August 11, 2020.

Pursuant to Section 20(a) “Termination of Agreement” the City may terminate the Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. Pursuant to that section, you are directed to immediately cease all work in progress.

Further, according to Section 20(d) “all property belonging exclusively to City which is in Service Provider’s possession must be returned to City” and “Service Provider must furnish to City a final invoice for work performed and expenses incurred by Service Provider.” If you have any questions or wish to discuss this matter, please contact the undersigned.

Regards,
Eddie Pust
Interim City Manager
City of Hemet
DocuSign Envelope ID: 3A7FFDEA-12E2-4EEB-904E-144C295FBAF7

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Aug 08 2023
Department: Public Works
Submitted by: Mark Prestwich, 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, Authorizing the Levy of an Annual Special Tax for the City of Hemet, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2005-01 (Public Safety Services), Community Facilities District No. 2019-01 (McSweeny), Community Facilities District No. 2021-01 (Saddle Point), Community Facilities District No. 2021-02 (Heritage Pointe), and Community Facilities District No. 2022-02 (Saddle Point II) for Fiscal Year 2023- 2024.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Levy of an Annual Special Tax for the City of Hemet, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2005-01 (Public Safety Services), Community Facilities District No. 2019-01 (McSweeny), Community Facilities District No. 2021-01 (Saddle Point), Community Facilities District No. 2021-02 (Heritage Pointe), and Community Facilities District No. 2022-02 (Saddle Point II) for Fiscal Year 2023-2024.

BACKGROUND:

The purpose of this agenda item is for the City Council to consider and act upon staff's recommendation to adopt five resolutions allowing the City to levy and collect special taxes for the Fiscal Year beginning July 1, 2023, and ending June 30, 2024, for the following Community Facilities Districts (CFD) which were formed pursuant to provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5, of the Government Code of the State of California. • CFD No. 2005-1 (Public Safety Services) was formed to mitigate public safety service impacts created by new development within the City and allow for the levy and collection of a special tax.

Services funded by this CFD include police protection services and fire protection and suppression service. The developments included are Autumn Ridge, Centex Homes, Emerson Ranch, Frey, Hideaway, Peppertree, McSweeny Farms, Provence, Rancho Diamante, Stetson