Hemet City Council
October 10, 2023

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‘dm-ormaVrv?mvmtanl?fens?IN’.Mana ms1+;LaOuem-t,anaut1~15e PickleballCourtsConstruction Rev.1ProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont'd) i\/"lay2023 DESIGNATIONOFSUBCONTRACTORSNameofSubcontractorandLocationofPlaceDescriptionandSubcontractor’sDIRRegistrationofBusinessPercentageofWorkLicenseNo. Number (Biddertoattachadditionalsheetsifnecessary)(PUBLICCONTRACTCODE§4100ETSEQ.) EVerFenCefencingandgates12309TelegraphRd 10630221000708605SantaFeSprings,CA ’]°(3°\O’\100031‘!U0‘!E\€C+Y\'ca|

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 B|DDER'SPROPOSAL(cont’d)BIDDERCERTIFICATIONSTOBEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBIDTheundersignedBiddercertifiestoOwnerassetforthinsections1through10,below.STATEMENTOFCONVICTIONSBymysignaturehereunder,Iherebyswear,underpenaltyofperjury,thatnomorethanonefinal,unappealablefindingofcontemptofcourtbyaFederalCourthasbeenissuedagainstBidderwithinthepasttwoyearsbecauseoffailuretocomplywithanorderofaFederalCourtortocomplywithanorderoftheNationalLaborRelationsBoard.CERTIFICATIONOFWORKER'SCOMPENSATIONINSURANCEBymysignaturehereunder,astheContractor,IcertifythatIamawareoftheLaborCodeSection3700,whichrequireseveryemployertobeinsuredagainstliabilityforworker'scompensationortoundertakeself-insuranceinaccordancewiththeprovisionsofthatCode,andIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthisContract.PleasenotethatthesubmittalofthiscertificatedoesnotrelieveContractorfromcomplyingwithalloftheinsurancerequirementsofthePublicWorksAgreementandContractDocuments.CERTIFICATIONOFPREV AILINGW AGERATESANDRECORDSBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSection1773,whichrequiresthepaymentofprevailingwageonpublicprojects.ContractorandanysubcontractorsundertheContractorshallcomplywithLaborCodeSection1776regardingwagerecords,andwithLaborCodeSection1777.5regardingtheemploymentandtrainingofapprentices.ContractorisresponsibletoensurecompliancebyanyandallsubcontractorsperformingworkunderthisContract.CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROFLABORCODEBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSections1777.1and1777.7Code,andContractorandSubcontractorsareeligibletobidandworkonpublicworksprojects.CERTIFICATIONOFNON-DISCRIMINATIONBymysignaturehereunder,astheContractor,Icertifythattherewillbenodiscriminationinemploymentwithregardtorace,color,religion,gender,sexualorientation,ageornationalorigin;thatallfederal,state,andlocaldirectivesandexecutiveordersregardingnon-discriminationinemploymentwillbecompliedwith;andthattheprincipalofequalopportunityinemploymentwillbedemonstratedpositivelyandaggressively.

Rev.May2023

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PickleballCourtsConstruction Rev.1ProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)CERTIFICATIONOFNON-DISQUALIFICATIONBymysignaturehereunder,astheContractor,Iswear,underpenaltyofperjury,thatthebelowindicatedBidder,anyofficerofBidder,oranyemployeeofBidderwhohasaproprietaryinterestinsuchBidder,hasneverbeendisqualified,removed,orotherwisepreventedfrombiddingon,orcompletingaFederal,State,orlocalgovernmentprojectbecauseofaviolationoflaworsafetyregulation,exceptasindicatedontheseparatesheetattachedheretoentitled”PreviousDisqua|ifications."Ifastatementof"PreviousDisqualifications"isattached,pleaseexplainthecircumstances.CERTIFICATIONOFADEQUACYOFCONTRACTAMOUNTBymysignaturehereunder,astheContractor,pursuanttoLaborCodeSection2810(a),certifythat,ifawardedtheContractbasedontheundersigned’sBid,theContractwillincludefundssufficienttoallowtheContractortocomplywithallapplicablelocal,state,andfederallawsorregulationsgoverningthelabororservicestobeprovided.IunderstandthatOwnerwillberelyingonthiscertificationifitawardstheContracttotheundersigned.CERTIFICATIONREGARDINGDIRCONTRACTOR/SUBCONTRACTORREGISTRATIONBymysignaturehereunder,astheContractor,IcertifythatContractor,andalllistedSubcontractorsarethesubjectofcurrentandactivecontractorregistrationspursuanttoDivision2,Part7,Chapter1(commencingwithsection1720)oftheCaliforniaLaborCode.Contractor'sregistrationnumberis[pleasecomplete].Subcontractors’registrationnumbersareasindicatedinDocument004314.CERTIFICATIONREGARDINGPREQUALIFICATIONINFORMATION[OPTIONAL]Bymysignaturehereunder,astheContractor,Icertifyasfollows:a.ContractorprequalifiedforthisProjectbysubmittingitsStatementofQualifications,dated(SOQ).b.[Pleasecompleteorstrikeoutthefollowingasinapplicable]Subsequently,onoraboutand ContactorsubmittedfurtherinformationsupplementingforforegoingStatementofQualifications.c.Allinformationdescribedaboveisreferredtoasthe"Qualificationlnformation.”cl.ContractorhascarefullyreviewedalloftheforegoingQualificationInformation.e.[Pleasecheckand/orcompleteoneofthefollowing]AllPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactuallybeingsubmittedtoOwnerasofthedatehereof.ExceptasotherwiseexpresslysetforthinseparateAdditionalPrequalificationInformation,submittedwiththeBid,allPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactually May2023

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)beingsubmittedtoOwnerasofthedatehereof.[ContractormustprovideAdditionalPrequali?cationInformationasdescribedaboveifthisitemischecked.] [InsertotherOwner-specificcertifications,ifapplicable.Otherwise,de|ete.] BIDDER:

SignatureofBidder DateSignatureofBidder Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateo?icersarerequired.) A1—14
Rev.1May2023
GentrvGeneraiEngineering.Inc
f§_:r-\—-——August7,2023 August7,2023
BrentonGentrv.Secretarv

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APPENDIX1

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willnotberesgonsible
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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 B|DDER'SPROPOSALTheundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentforthePickleballCourtsConstructionProjectatGibbelPark,CIPNo.5746,andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2018asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.TheundersignedhasexaminedthelocationoftheproposedworkandalllocalandphysicalconditionsandchallengespresentedbytheProjectsite,isfamiliarwiththeplans,specifications,ContractDocuments(particularlyasdelineatedabove)andtherequirementsofthePublicWorksContract,andalsounderstandsthattheProjectshallbecompletelyconstructedinturn-keyconditionacceptabletotheOwnerwithintheProjecttimerequirementsforthepriceoftheproposal,includingallfeesandsalesand/orusetaxuponanymaterialssofurnished,includinganyunitpricesandadditive/deductiveitems.TheundersignedhasalsocarefullycheckedallofthefiguresgivenandunderstandsthattheAgency foranyerrorsoromissionsonthepartoftheundersignedinsubmittingthisproposal.Contractorconfirmsthathis/her/itsbidissubmittedwithrespecttothechangestotheContractand/orContractDocumentsincludedinalladdendaissuedbytheOwner.Inadditiontoreaffirmingthatthechangesandinformationcontainedintheaddendahavebeenintegr posal,ContractoracknowledgesreceiptofAddendaNo.(s)TheundersignedhasexaminedthecurrentStateofCaliforniascheduleofprevailingwageratesforthetypesofworktobedoneonthisproject(andtheDavis—BaconActiftheAgencyusesfederalfundsfortheProject)andagreestopaynotlessthantheserates.Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentforthePickleballConstructionatGibbelParkProject,CIPNo.5746andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2018asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 ITEMNo
10 11
12 mDDEWSPROPOSALkonVd)BASEBIDSCHEDULEPickleballCourtsConstructionProjectatGibbelPark,CIPNo.5746 DESCRIPTIONRemoveanddisposeofsevenexistinghorseshoepits,walls,sidewalks,etc.Modifyexistingirrigation.Gradeandcompactarea.ConstructPCCpickleballcourts.ConstructPCCsidewalksandramps.Constructperimeterchainlinkfences(10ft.high)andgates.Constructcourtchainlinkfences(4ft.high).Installpostsandnets.Providecourtsurfacingandstriping.Furnishandinstall1in.dia.PVCconduitwithpullrope.FurnishandinstallNo.5PullBoxandintersectexistingTennisCourtslightingconduit.Constructlightpolefoundationscomplete.

BASEBIDTOTAL(inwords)
UNIT
L.S.L.S.L.S.Sq.Ft.Sq.Ft.L.Ft.

L.Ft.Ea.Ea.

L.Ft.

Ea
Ea

ESTIMATEDQUANTITY
7,688730368
150
310
‘“i.‘.“‘.'ZE°PRKEAMOUNT
$.20$A§1¢%o
$.230$/)0
$.505/ézhm
$57000BASEBIDTOTAL(numbers)S111.50,/)1)
$30,000530/00?)
$424,000$975000$32,000529,000
$305M900580,%oS/83000$3,0005/A40005570005;0,ooo
$50005$7000530/"090
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PickleballCourtsConstructionProjectatGibbelParkcupNo.5746 BlDDER'SPROPOSAL(cont’d) ADDITIVEALTERNATIVEBIDPickleballCourtsConstructionProjectatGibbelPark,CIPNo.5746EXTENDEDITEM ESTIMATEDUNITDESCRIPTIONUNIT ITEMNo. QUANTITYPRICEAMOUNT13FurnishandInstalllightpoleandEa. 8 S$000s/%000LEDlightfixture.ADDITIVEALTERNATIVEBID(numbers)$54,003 ADDITIVEALTERNATIVEBID(inwords)
Contractor'sInitialsIntheeventofavariationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.lfthebidisillegibleandcannotbereconcileditwillbeconsiderednon—responsiveandwillnotbeconsideredforaward.Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedu|e(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedule(s).Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency'sdeterminationastothereasonablenessofanysuchbidshallbefinal.

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PickleballCourtsConstructionProjectatGibbelParkcupNo.5745 BlDDER'SPROPOSAL(cont’d)TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregularity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract.Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.Itemnumbersfollowedby"(S)”aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor'sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove,includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.Completethefollowing Legalnameofthebusiness,DIRReg.andContractorLicenseNos.

Business(Corporation,Partnership,SoleProprietor)
DBA(ifany)
Nameandtitleoftheowner
Nameandofsecondpartnerorofficer
BusinessAddress

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d) Telephonenumber6Facsimilenumber
NameandEmailaddressofprimarycontact
Companywebaddress
reofBidder Date reBidder
andtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.) /7/z/«)5/'37//4
Sean/I/one
Printname
..-S/ee@o/earkec.cm
D0>’L4KJ27». £8-1035DateQ?cze{vurg

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PickleballCourtsConstructionProjectatGibbelParkcupNo.5745 BlDDER'SPROPOSAL(cont’d)CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicense:StateofCaliforniaClassAContractor'sLicenseCombinationofSpecialtyClassCContractor'sLicenses2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor'slicense(s)which:aBearsthelicensenumber(s)bExpireson:
atureBidder Date ofBidder Date
Printnameandtitle Printnaandtitle
(IftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.) ThisrequiredlicensedeterminationhasbeenmadebytheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidonthisworkmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.TheAgencymayconductareviewofthecontemplatedworktore—eva|uatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency'sdecisionastotherequiredlicensewillbefinal. :9:3!
...J_auI«_l.4.1:Ju?‘14.14:,\ .

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 B|DDER'SPROPOSAL(cont'd)BIDSECURITYFORMFORCHECKNOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOFCHECKACCOMPANYINGBIDAccompanyingthisproposalisaCertifiedCheckorCashier'sCheckpayabletotheorderoftheCityofHemet,hereinafterreferredtoas"Agency",fordollars(S thisamountbeing10percent(10%)ofthetotalamountofthebid.Thischeckshallbereturnedtotheundersignedonlyifeitherofthefollowingoccurs:

A.IfsaidBidshallberejectedbytheAgency;B.IfsaidBidshallbeacceptedbytheAgencyandtheUndersignedshallexecuteanddeliveraContractintheformattachedhereto(properlycompletedinaccordancewithsaidBid)andshallfurnishbondsrequiredforhis/her/itsfaithfulperformanceofsaidContractandforthepaymentofallpersonsperforminglabororfurnishingmaterialsinconnectiontherewith,andshallinallotherrespectsperformtheContractcreatedbyacceptanceofsaidBid.Otherwise,saidcheckshallbecomethepropertyoftheAgencySaidcheckshallalsobecomethepropertyoftheAgencyiftheUndersignedshallwithdrawhis/her/itsbidwithintheperiodofsixty(60)calendardaysafterthedatesetfortheopeningthereof,unlessotherwiserequiredbylaw,andnotwithstandingtheawardoftheContracttoanotherbidder. ofBidder DateSénatureofBidderDate
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.) /V/A

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FrankMones,Attorney-in-Fact
BondNo.CSBA-24659PickleballCourtsConstructionProjectatGibbelParkcupNo.5745 BlDDER'SPROPOSAL(cont’d)BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTSThattheundersignedDearkE&CInc(NameofContractor)asPrincipalandtheundersignedasSuretyareheldandfirmlybounduntoOwner,CITYOFHEMET,apoliticalsubdivisionoftheStateofCalifornia,asobligee,inthepenalsumof(DollarAmountInWords)TenPercentoftheAmountBidDollars0% lawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal'sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,saidPrincipalissubmittingaBidf0r*[PROJECTNAMEANDDESCRIPTION]*PickIebal|CourtsConstructionProjectatGibbelPark,CIPNo.5746THECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipalshallwithintherequiredperiodsenterintotheContractsoawardedandprovidetherequiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBond,insurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheInstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.INWITNESSWHEREOF,theaboveboundenpartieshaveexecutedthisinstrumentthis7thdayof August 2023.(Month)DearkE&C,Inc. (CorporateSeal) ByPrincipal(4Ta/IByMerchantsnnCnmnanv(Mutual)Surety(CorporateSeal) By

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CALIFORNIAALL-PURPOSEACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyof S ‘J"/3On 7/“7’)beforeme,Date A
HereNamePersonallyappearedDOL‘‘L-S—lV\Name(s)ofSigner(s) i"lk“\
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandand SignatureofNotaryPublic
PlaceNotarySealAbove------------------------------------------------OP71ONAL---------—---—----—---—---------------—------—------——--Thoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofAttachedDocumentTitleorTypeofDocument DocumentDateNumberofPages Signer(s)OtherThanNamedAboveCapacity(ies)ClaimedbySigner(s)Signer'sName Signer'sNameCorporate0f?cer—-Title(sDCorporateOfficer-Title(s)PartnerELimitedGeneralBPartnerElLimitedGeneralindividualDAttorneyinFact UIndividualEAttorneyinFactTrusteeUGuardianorConservatorDTrusteeUGuardianorConservatorother DOtherSignerlsRepresentingSignel‘'5R9P|'e5entlnE

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Frankorones
M AnnVaccaro

ACKNOWLEDGMENT
AnotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateISattachedandnotthetruthfulness,accuracyorvalofthatdocument.StateofCaliforniaCountyofOrange On08/07/2023beforeme,MelissaAnnVaccaro.NotaryPublic(insertnameandtitleoftheofficer)personallyappearedMwhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.

WITNESSmyhandandofficialseal MELISSAANNV ACCAROCOMM.#2401942NotaryPublic—CaliforniaORANGECOUNTYComm.ExpiresMay12, FRSSignature (Seal)

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KnowAllPersansByThesePresents,thatMERCHANTSBONDINGCOMPANY(MUTUAL)andMERCHANTSNATIONALBONDING.INC bothbeingcorporaliorlsulthsStateatIowa,6/b/aMerchantsNationalIndemnityCompany[inCalilurnlaonly)(hereincollectivelycalledthe "Companles")doherebymake,cunsitluleandappolnltindividually.

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theirtrueandIawlulAttorneytst-in-Fact,tosignitsnameassuretytiesand retrote.seala aolrnowleogeany iionos,undertakings. contractsant:otherwritteninstrumentsinthenaturetriereot.on[7hairthe nmpantutheirbusinesso nteeinothetioelltyof persons,guaranteeingthepertornianoeorcontractsandexecutingortiara eingundsarvddenaklngsrequire rmitterlnanyaiaions orproceedingsallowedbylaw.
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Inconnanllonwithob|lgatiun5interrorattheKentuoltyDepartmentorHighwaysonly.Itisagreedthattnepowererioauthoritytieretiygiven totheAttorney-tn—Fal:lcartnclttiemouirreoorreuolreuunlesspriorwrittenpersonalnoticeorsuchintenthasbeengiventothecommissioner- DepartmentatHighwaysorthecommonwealthatKentuckyatleastthirty(30)dayspriortothemodi?cationorrevocation. tnvt/itnessvtltiereol.theCnlvtpanie:haveCausadthisinstrumenttohestgrieuanosealedIhls5thdayol ueoernbor.2022 MERCNANTSBONDINGCOMPANY(MUTUAL)MERCHANTSNATIONALBONDING.lNc.ololaMERCHANTSNATIONALINDEMNITYCOMPANY STATEorIOW A
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COUNTYOFDALLASSS.onthis Ethdayat taeoemtier2022,tietoremeappearedLarryTaylor.tomepersonallyknown.whooetngbymeouly5wom ctlosaythatheisPresidentofMERCHANTSBONDINGCOMPANY(MUTUAL)andMERCHANYSNATIONALBONDING,INC.:andthatthe sealsa?ixedtotheforegulnginstrumentarethecorporateseatsatthecompanies;andthatthesaidinstrumentwasslgnedandsealedinbehalf otthecompaniesbyauthorityortheirrespectiveaoarosorDirectors.

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BIDDER'SPROPOSAL(cont'd)NON-COLLUSIONAFFIDA VITPUBLICCONTRACTCODESECTION7106NON-COLLUSIONDECLARATIONTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBIDTheundersigneddeclaresIamthe of ,thepartymakingtheforegoingbid.Thebidisnotmadeintheinterestof,oronbehalfof,anyundisclosedperson,partnership,company,association,organization,orcorporation.Thebidisgenuineandnotcollusiveorsham.Thebidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherbiddertoputinafalseorshambid.Thebidderhasnotinanymanner,directlyorindirectly,soughtbyagreement,communication,orconferencewithanyonetofixthebidpriceofthebidderoranyotherbidder,ortofixanyoverhead,profit,orcostelementofthebidprice,orofthatofanyotherbidder.Allstatementscontainedinthebidaretrue.Thebidderhasnot,directlyorindirectly,submittedhisorherbidpriceoranybreakdownthereof,orthecontentsthereof,ordivulgedinformationordatarelativethereto,toanycorporation,partnership,company,association,organization,biddepository,ortoanymemberoragentthereof,toeffectuateacollusiveorshambid,andhasnotpaid,andwillnotpay,anypersonorentityforsuchpurpose.Anypersonexecutingthisdeclarationonbehalfofabidderthatisacorporation,partnership,jointventure,limitedliabilitycompany,limitedliabilitypartnership,oranyotherentity,herebyrepresentsthatheorshehasfullpowertoexecute,anddoesexecute,thisdeclarationonbehalfofthebidder.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingistrueandcorrectandthatthisdeclarationisexecutedon [date],atE];He?fzgj[city],??[state]. 4»/r2¢4SfgnatufeofBidderDate ofBidder Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.) A1—9

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PickleballCourtsConstructionProjectatGibbelParkcwNo.5746 BlDDER'SPROPOSAL(cont'd)CONTRACTOR’SREFERENCELISTAttachtothisbidalistofthree(3)projectsinthepastfive(5)yearsonwhichthebidderandhissubcontractor(s)havesuccessfullyconstructedandcompletedprojectswiththesametype(elements),sizeandcomplexityofwork.TheAgencyEngineerwillmakethefinaldeterminationofwhethertheprojectslistedhereareofthesametype,sizeandcomplexityasthisproject.Failureofbiddertosupplysufficientdocumentationofsimilarelectric,telephone,cableandsanitarysewerundergroundfacilitiesexperienceshallbeconsideredgroundsforanon—responsivebidand,attheAgency'sdiscretion,saidbidwillbedisqualified.ProjectName:ContractPrice teofCompletion:Name,Address,andTelephoneNumberofOwner'sRepresentative:

ProjectNameContractPrice teofCompletion:Name,Address,andTelephoneNumberofOwner'sRepresentative:

ProjectName:ContractPrice DateofCompletion:Name,Address,andTelephoneNumberofOwner'sRepresentative (Attachadditionalpagesasnecessary)

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ca/révr?raF‘rv{%%7M“'/ecl2’<?aEngn]F03./qpéfe?irlicm/WeLAPugnha(A?/748 PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 B|DDER'SPROPOSAL(cont’d)DESIGNATIONOFSUBCONTRACTORS NameofSubcontractorandLocationofPlaceDescriptionandSubcontractor’sDIRRegistrationofBusinessPercentageofWorkLicenseNo. Number g 1work/7439078"/0
(Biddertoattachadditionalsheetsifnecessary)(PUBLICCONTRACTCODE§41OOETSEQ.) H‘- ..,“CW5WW/0532»;/000’/0,950;/392. /0005'0

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PickleballCourtsConstructionProjectatGibbelParkcupNo.5745 B|DDER'SPROPOSAL(cont’d)BIDDERCERTIFICATIONSTOBEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBIDTheundersignedBiddercertifiestoOwnerassetforthinsections1through10,below.STATEMENTOFCONVICTIONSBymysignaturehereunder,Iherebyswear,underpenaltyofperjury,thatnomorethanonefinal,unappealablefindingofcontemptofcourtbyaFederalCourthasbeenissuedagainstBidderwithinthepasttwoyearsbecauseoffailuretocomplywithanorderofaFederalCourtortocomplywithanorderoftheNationalLaborRelationsBoard.CERTIFICATIONOFWORKER'SCOMPENSATIONINSURANCEBymysignaturehereunder,astheContractor,IcertifythatIamawareoftheLaborCodeSection3700,whichrequireseveryemployertobeinsuredagainstliabilityforworker'scompensationortoundertakeself-insuranceinaccordancewiththeprovisionsofthatCode,andIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthisContract.PleasenotethatthesubmittalofthiscertificatedoesnotrelieveContractorfromcomplyingwithalloftheinsurancerequirementsofthePublicWorksAgreementandContractDocuments.CERTIFICATIONOFPREV AILINGW AGERATESANDRECORDSBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSection1773,whichrequiresthepaymentofprevailingwageonpublicprojects.ContractorandanysubcontractorsundertheContractorshallcomplywithLaborCodeSection1776regardingwagerecords,andwithLaborCodeSection1777.5regardingtheemploymentandtrainingofapprentices.ContractorisresponsibletoensurecompliancebyanyandallsubcontractorsperformingworkunderthisContract.CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROFLABORCODEBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSections1777.1and1777.7Code,andContractorandSubcontractorsareeligibletobidandworkonpublicworksprojects.CERTIFICATIONOFNON-DISCRIMINATIONBymysignaturehereunder,astheContractor,Icertifythattherewillbenodiscriminationinemploymentwithregardtorace,color,religion,gender,sexualorientation,ageornationalorigin;thatallfederal,state,andlocaldirectivesandexecutiveordersregardingnon-discriminationinemploymentwillbecompliedwith;andthattheprincipalofequalopportunityinemploymentwillbedemonstratedpositivelyandaggressively.

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 B|DDER'SPROPOSAL(cont’d)CERTIFICATIONOFNON-DISQUALIFICATIONBymysignaturehereunder,astheContractor,Iswear,underpenaltyofperjury,thatthebelowindicatedBidder,anyofficerofBidder,oranyemployeeofBidderwhohasaproprietaryinterestinsuchBidder,hasneverbeendisqualified,removed,orotherwisepreventedfrombiddingon,orcompletingaFederal,State,orlocalgovernmentprojectbecauseofaviolationoflaworsafetyregulation,exceptasindicatedontheseparatesheetattachedheretoentitled”PreviousDisqua|ifications.”Ifastatementof"PreviousDisqualifications”isattached,pleaseexplainthecircumstances.CERTIFICATIONOFADEQUACYOFCONTRACTAMOUNTBymysignaturehereunder,astheContractor,pursuanttoLaborCodeSection2810(a),Icertifythat,ifawardedtheContractbasedontheundersigned’sBid,theContractwillincludefundssufficienttoallowtheContractortocomplywithallapplicablelocal,state,andfederallawsorregulationsgoverningthelabororservicestobeprovided.IunderstandthatOwnerwillberelyingonthiscertificationifitawardstheContracttotheundersigned.CERTIFICATIONREGARDINGDIRCONTRACTOR/SUBCONTRACTORREGISTRATIONBymysignaturehereunder,astheContractor,IcertifythatContractor,andalllistedSubcontractorsarethesubjectofcurrentandactivecontractorregistrationspursuanttoDivision2,Part7,Chapter1(c n withs niaLaborC.Contrr’sregistrationnumberis e plete] Subcontras’regisonnumbersareasindicatedinDocument004314.CERTIFICATIONREGARDINGPREQUALIFICATIONINFORMATION[OPTIONAL]Bymysignaturehereunder,astheContractor,Icertifyasfollows:a.ContractorprequalifiedforthisProjectbysubmittingitsStatementofQualifications,datedzl_/El(soa).b.[Pleasecompleteorstrikeoutthefollowingasinapplicable]Subsequently,onoraboutand ContactorsubmittedfurtherinformationsupplementingforforegoingStatementofQualifications.c.Allinformationdescribedaboveisreferredtoasthe"Qualificationlnformation.”d.ContractorhascarefullyreviewedalloftheforegoingQualificationInformation.e.[Pleasecheckand/orcompleteoneofthefollowing]{Q[AAllPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactuallybeingsubmittedtoOwnerasofthedatehereof./W AExceptasotherwiseexpresslysetforthinseparateAdditionalPrequalificationInformation,submittedwiththeBid,allPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactually

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BIDDER'SPROPOSAL(cont’d)beingsubmittedtoOwnerasofthedatehereof.[ContractormustprovideAdditionalPrequalificationInformationasdescribedaboveifthisitemischecked.]CERTIFICATIONOF[InsertotherOwner-specificcertifications,ifapplicable.Otherwise,de|ete.] BIDDER:
atureofBidder ureofBidder Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateo?icersarerequired.) /UM
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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSALTheundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentforthePickleballCourtsConstructionProjectatGibbelPark,CIPNo.5746,andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2018asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.TheundersignedhasexaminedthelocationoftheproposedworkandalllocalandphysicalconditionsandchallengespresentedbytheProjectsite,isfamiliarwiththeplans,specifications,ContractDocuments(particularlyasdelineatedabove)andtherequirementsofthePublicWorksContract,andalsounderstandsthattheProjectshallbecompletelyconstructedinturn—keyconditionacceptabletotheOwnerwithintheProjecttimerequirementsforthepriceoftheproposal,includingallfeesandsalesand/orusetaxuponanymaterialssofurnished,includinganyunitpricesandadditive/deductiveitems.TheundersignedhasalsocarefullycheckedallofthefiguresgivenandunderstandsthattheAgency foranyerrorsoromissionsonthepartoftheundersignedinsubmittingthisproposal.Contractorconfirmsthathis/her/itsbidissubmittedwithrespecttothechangestotheContractand/orContractDocumentsincludedinalladdendaissuedbytheOwner.Inadditiontoreaffirmingthatthechangesandinformationcontainedintheaddendahavebeenintegratedintotheirproposal,ContractoracknowledgesreceiptofAddendaNo.(s)TheundersignedhasexaminedthecurrentStateofCaliforniascheduleofprevailingwageratesforthetypesofworktobedoneonthisproject(andtheDavis—BaconActiftheAgencyusesfederalfundsfortheProject)andagreestopaynotlessthantheserates.Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentforthePickleballConstructionatGibbelParkProject,CIPNo.5746andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2018asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 ITEMNo
10 11
12 B|DDER'SPROPOSAL(cont’d)BASEBIDSCHEDULEPickleballCourtsConstructionProjectatGibbelPark,CIPNo.5746 DESCRIPTIONRemoveanddisposeofsevenexistinghorseshoepits,walls,sidewalks,etc.ModifyexistingirrigationGradeandcompactarea.ConstructPCCpickleballcourtsConstructPCCsidewalksandramps.Constructperimeterchainlinkfences(10ft.high)andgates.Constructcourtchainlinkfences(4ft.high).Installpostsandnets.Providecourtsurfacingandstriping.Furnishandinstall1in.dia.PVCconduitwithpullrope.FurnishandinstallNo.5PullBoxandintersectexistingTennisCourtslightingconduit.Constructlightpolefoundationscomplete.

BASEBIDTOTAL(inwords)

ESTIMATEDUNITUNITQUANTITYPRICE
LS.1L.S.1L.S.1Sq.Ft7,688Sq.Ft 730L.Ft.368
L.Ft.150Ea 4Ea.4
L.Ft.310
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Ea 6BASEBIDTOTAL(numbers)

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BIDDER'SPROPOSAL(cont'd) ADDITIVEALTERNATIVEBIDPickleballCourtsConstructionProjectatGibbelPark,CIPNo.5746EXTENDEDITEM ESTIMATEDUNITDESCRIPTIONUNIT ITEMNo. QUANTITYPRICEAMOUNTFurnishandinstalllightpoleand31 LEDlightfixture. Ea 8ADDITIVEALTERNATIVEBID(numbers) ADDITIVEALTERNATIVEBID(inwords)
Contractor'sInitialsIntheeventofavariationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.Ifthebidisillegibleandcannotbereconcileditwillbeconsiderednon—responsiveandwillnotbeconsideredforaward.Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedule(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedule(s).Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency'sdeterminationastothereasonablenessofanysuchbidshallbefinal. .o( .

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregu|arity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract.Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.itemnumbersfollowedby"(S)”aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor'sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove,includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.Completethefollowing Legalname DIRReg.andContractorLicenseNos.

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DBA(ifany)
Namea oftheowner
Nameandtitleofsecondpartnerorofficer
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Printandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateo?icersarerequired.) ”\0”\’540'7/bzb
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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont'd)CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicenseStateofCaliforniaClassAContractor'sLicenseCombinationofSpecialtyClassCContractor'sLicenses2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor's|icense(s)which:a.Bearsthelicensenumber(s)b.Expireson Signature DateSignatureofBidder Date
Printnamentitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.)ThisrequiredlicensedeterminationhasbeenmadebytheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidonthisworkmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.TheAgencymayconductareviewofthecontemplatedworktore—eva|uatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency'sdecisionastotherequiredlicensewillbefinal. 829870IO—5\-13

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)BIDSECURITYFORMFORCHECKNOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOFCHECKACCOMPANYINGBIDAccompanyingthisproposalisaCertifiedCheckorCashier'sCheckpayabletotheorderofthe ollars( isamountbeing10percent(10%)ofthetotalamountofthebid.Thischeckshallbereturnedtotheundersignedonlyifeitherofthefollowingoccurs:

A.IfsaidBidshallberejectedbytheAgency;B.IfsaidBidshallbeacceptedbytheAgencyandtheUndersignedshallexecuteanddeliveraContractintheformattachedhereto(properlycompletedinaccordancewithsaidBid)andshallfurnishbondsrequiredforhis/her/itsfaithfulperformanceofsaidContractandforthepaymentofallpersonsperforminglabororfurnishingmaterialsinconnectiontherewith,andshallinallotherrespectsperformtheContractcreatedbyacceptanceofsaidBid.Otherwise,saidcheckshallbecomethepropertyoftheAgencySaidcheckshallalsobecomethepropertyoftheAgencyiftheUndersignedshallwithdrawhis/her/itsbidwithintheperiodofsixty(60)calendardaysafterthedatesetfortheopeningthereof,unlessotherwiserequiredbylaw,andnotwithstandingtheawardoftheContracttoanotherbidder.\ SignatureofBidder DateSignatureofBidder Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.) CityofHemet,hereinafterreferredtoas"Agency",for’F3(oLQM

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PiclcleballCourtsConstructionProjectatGibbelParkcwM15746BIDDER'SPROPOSAL(cont’d)BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTSThattheundersignedCS.LegacyConstruction,Inc.675BreaCanyonRoadSuite8Walnut,CA91789 (NameofContractor)asPrincipalandtheundersignedasSuretyareheldand?rmlybounduntoOwner,CET‘!OFHEMEE,epoiiticaisubdivisionoftheStateofCalifornia,asobligee,inthepenalsumofL______5 TenPercentofTotalAmountBidDollars(5 ount\,lawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal'sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,iointlyandseverally,?rmlybythesepresents.WHEREAS,saidPrincipalissubmittingaBidfor[PickeballCourtsConstructionCIPNo:5746lProjectatGibbelParkTHECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipalshallwithintherequiredperiodsenterintotheContractsoawardedandprovidetherequiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBond,insurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheinstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.ENWITNESSWHEREOF,theaboveboundenpartieshaveexecutedthisinstrumentthis4”‘dayof 2023.(Month)Principal:C.S.Legacy (CorporateSeal) By
BvSurety:DevelopersSuretyandIndemnityCompany
(CorporateSeal) By

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- '»:i,.{,.,.244:42;;;:0;;:;::3,;:~;4‘;s;n<:<::.6Ce<:;<>.“.;3c‘.a:<2;'.<L-;’;:;a;:ix‘:;.;.Q:x?;;i<;;::<;x;.L.1: -:2'5; Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

StateofCaliforniaCountyofOrangeon8/4/2023beforeme,JessicaTinocoGarcia,NotaryPublicDate HereinsertNameandTitleoftheOfficer0,KevinP.ReedPersonallyappeare Name(s)of$igner(s) whoprovedtomeonthebasisthewithininstrumentancapacity(ndthbywhichthepe a theinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandandofficialseal.

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PlaceNotarySealAbove--------------------------------------------------------------------OPTIONAL------------------------—-------—---------------------—-------—---Thoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofAttachedDocumentTitleorTypeofDocument DocumentDateNumberofPages Signer(s)0therThanNamedAbove __ CapacitylieslClaimedbySignerls)Signer‘sName Signer'sName5:]CorporateOfficer—Tit|e(s)ECorporateOfficer—Title(s)E]PartnerELimitedBGeneralPartnerELimitedGeneralE]IndividualEAttorneyinFact IndividualE]AttorneyinFactETrusteeE]GuardianorConservatorBTrusteeEGuardianorConservatorElOther EOtherSignerlsRepresentingSignerlsRepresenting '"‘.5.c:i4‘;n.'.x.«:;;.~..z.’_<;«;.v_:cr:’<;1”A:*;‘..".rf.s>~’;'/1:::;r:;4'.(«ii:;»::s5c{u:.;:£;;.;‘;.;-;.x::;;;;_.c\.;.:.¢.\ ©2014NationalNotaryAssociation0 51-800-USNOTARY(1-800-876-6827)Item#5907

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ACKNOWLEDGMENT
Anotarypublicorotherof?cercompletingthiscertificateveri?esonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidofthatdocument.StateofCaliforniaCountyof LOSANGELES3 onAUGUST8,2023beforeme,GLORIAMACIAS,NOTARYPUBLIC(insertnameandtitleoftheofficer)personallyappearedGREGGSTRUMPFwhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.

WITNESSmyhandandof?cialseal. GLORMMACIASNotaryPublic-CaliforniaLosAngelesCountyCommissionll‘2449942Comm.ExpiresJun13,2027Signature (Seal)

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POWEROFATTORNEYF(.)RC()Rl-i§’Oli\'"l‘!‘;ISURAi‘<’CECOMP.-\i\’\"DEVELOPERSSURETYANDINDEMNKTYCOMPANS’59MaidenLane,43rdFloor,NewYork,NY101138(212)220-7120K;’\‘(‘)WALLBYTHF§1-‘PRESENTSthat.exceptasexpresslylimitedIierein.COREPOINTEINSURANCF-ZCOIVIPANYandDL‘lVI~ILOPi€iP.S.‘§[|i1.L_'iY.-'»\.\|)'tNt.‘=Eiv1Ni"l"YCOMi’Ai\lY_do§lerCll_\f1112£l<i3teonstéttiteandappoint:
2:<itstiLienodl;‘=\\'fLtl.«\ttomc‘,r'-inFact.lomztke,execute‘deliverandaeknowleclge,forandonbeh:1li’0i’saidco1npanres,asstnetiestbonds.tiaidirrtaitiitgx‘and«-0:0isuictyshipgivingandgrantingnntosaidAttorney-tn-Fact§"ulipoweiandauthoritytodoandtoperfonneveiyE161necessary.requisiteor',;-roperinllL’do:inconnectionL}lt3l't3WiIi‘laseachotsaidcompanycoulddo,butreservingtoeachofsaidcompanyfullpowerofsubstitutionandrevoc:-ition,andalloi‘theil.ClSr>i‘:.<i.-::‘«ALtonm=in~F2tct,ptirstizieittothexepresents,areherebyrati?edandeon?rmczl.ThisPowerofAttonieyiseti"e.i:tive.SlliillumpireonDeccn~.t3ei31.2025‘rm‘i”0'\\’L‘l‘o!‘Atrmi1eyisgrantedandissignedunderandbyauthorityofthefollowingresolutionsadoptedbytheBoardot‘Directorsot‘COR§¥POE’;t“(');‘viPANYandDf}IVl{iLt'J‘z’ERSS[,ii«1}E'i“r'ANDiNDliMi\il'I‘YCOMPANY(collectively,“Co1npai1y“)onFcbrustry10.2023,RI£S()1,Vii[),that n; _}_ndei'\.vriLi__I1g,g_;__and eetiti.eachzutemployeeof.~’\inTrListNonl1Atnerica,inc.,anaffiliateot‘LheCompany(the“AuthorizedSignors"),areIierehy£lLltl’l0|’l?.C(lto~nte21l’tmi:ioi‘.-'\I1t'7|liC§",qtialifyingatlori1ey(s)—in-factnamedinthePowerofAttorneytoexecute‘onbehalfofthe(foiiiptingt,bonds,uitdcrtalciutgs2-indcoiumctsoi‘$uiCl_‘ySl1i|').orothersuretysliipobligations,andthattheSecretaryoranyAssistantSecretary0!‘theCompanybe,andeachnfthcmherebyisauthorizetltoattestthecrteeiitumManysuchPowerof/—\ttomeyRti:€()l_VKD.1h:.ttthesignutttre01'anyoneoitheAuthorizedSiignoisandtheSecretaryatanyAssistantSecretaryofthcCoinpany,andthesealoitheCninpaiiymustbeztt'ti*<edtoanySuchPowerofAttorney,andanysuchsignatureorsea]maybea1’i‘ixeclbyrdt?illlilt.andsuchPowerofAttoineyshallbe\-‘a1ll(landl7|l‘.(liii"tiontheComianvwhensoaffixedandinthefuturewithrcs)L‘Citoanvbond.Lindertakineorcnntiztctol‘suretv.s:hitowhichitisziltaelietia I. l . ., ,iNWiTNl-SSSWliEREOF,C()R‘LIPOlNTEINSURANCECOMPANYandDI-5VEl.OPERSSi}Rl'_7’i"YANDlNDi":MNi’l\'COMPANYhavecausedlltesepresentstohe>:igz':ud‘my:1‘.i\lli.i‘:(l!‘lZCL'lSegnoiandzittestetibytheirSecietaryorAssistantScc!'e1z1r_ythis__ _ _ March27,2023 Wile:J3IL‘1.l§!lLLJ.I_i_d_e_r._\:i:ilins__._: __________ COUNTYOFerOnthis_2_7__dztyoi‘ 2023.beforeme.ggi .personallyzippearedSamZazawhoprovedtoineonthebasisoiszitisfactorycvidoncetobethepersonwhosenameissubscribedtowithintheinstrumentandliCl(|10\'r'lL"dg(£tLltoll‘|CthattheyexcutitedtheSameintheir21uthori7.edcapacity.andthatbythesignaittireontheinstnnnenttheentitiesuponbehalfwhichthepersonacted,executedilllSinstrtimcnt,ict.-itil'_\.iintloipenaltyol"peijur_v__tinderthelawsoftheStateofCalilbiriizithzitthetbregoingpm11;.‘-mplil$lrltL':-lI1t‘lt‘(_1rI':’.‘\ WEN
CORPOR.-\'I‘l'CCERTiFICA'I‘!Oa\itheLII‘l(lEl'S|‘:‘,l’lCd.theSecretary0!AssistantSecretaryofCORl;'!"(')iNTEINSURANCECC)aViPAs‘\iYand[)['3V'ELt')l‘l'.-IRSSURi_“l’t’/‘\i\}'t)]N-',)-fviNl'|"r'C‘C!:’\'lf’AN‘.",doesherebycertifythanthepiovisionsoftheresolutionsoftherespectiveBoardsoi‘Direciot’sofsaidcorporationsSetfaithint'ni.-.i’uu.-'cr0!‘.-\'.lt:i‘iic\t1l'CinForceas01’thedateofthisCeitification BarryWMoAssist:-intSecretaiy
JessicaTGarcia,KevinPReed.andAaronFosburg 3of’SantaAna_CA July7,2023
Anotarypublicorotherof?cercompletingthiscerti?cateveri?esonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached.andnotthetruth?llness,accuracy,01‘validityofthatdocument. ‘HusCe.-rtilicmim)isexectiledintheCityof'C|<:.velz1nd.0hio.1hisMarchI9.2023Docusignedby:

DocuSignEnvelope|D:3352BFD6-SE9D—4796-837E-C1E455E653OFSignedandsealedthis4thdayofAugust2023

15.B

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C.S.LEGACYCONSTRUCTION.INC
C.S.LEGACYCONSTRUCTION,INC.IVEINUTESOFBOARDOFDIRECTORSIVIEETING ASPECIALMEETINGOFTHEBOARDOFDIRECTORSOFC.S.LEGACYCONSTRUCTION,INC,ACALIFORNIACORPORATION,W ASHELDAT675BREACANYONROADSTE#8,W ALNUT,CA91789ONMARCH17,2023.THEBOARDOFDIRECTORSOFTHECORPORATION:GREGGSTRU1\/[PFDIRECTORCONSTITUTINGALLOFTHEMEMBERSOFTHEBOARDOFDIRECTORSWEREPRESENTATTHEMEETING.THEMOTIONW ASDULYMADE,SECONDEDANDCARRIEDTHEFOLLOWINGRESOLUTIONW ASADOPTED:RESOLVED,GREGGSTRU1\/?’F,PRESIDENT,ISSOLELYVESTEDFULLAUTHORITYTOSIGNANYANDANALLCONTRACTUALDOCUIVIENTSFORTHECORPORATION,ANDTHEREFOREHASTHEFULLAUTHORITYTOOBILIGATETHECORPORATIONINALLCONTRACTURALMATTERS.THEUNDERSIGNED,GREGGSTRUIVIPF,PRESIDENT,CERTIFIEDTHATGREGGSTRUMPFISTHEDULYAPPOINTEDPRESIDENTOFC.S.LEGACYCONSTRUCTION,INC.ANDTHATTHEABOVEISATRUEANDCORRECTCOPYOFTHERESOLUTIONDULYADOPTEDATAMEETINGOFBYLAWSOFSAIDCORPORATIONONMARCH17,2023.INWITNESSTHEREOF,IHA VEAFFIXEDMYNAMEASPRESIDENTOFTHECORPORATION,ANDHA VEATTACHEDTHESEALOFC.S.LEGACYCONSTRUCTION,INC.TOTHISRESOLUTION.DATE:17

PRESIDENT
675BreaCanyonRoad,Ste8,Walnut.CA9|789(909)590-2626(909)590-4117fax

15.B

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BIDDER'SPROPOSAL(cont’d)NON-COLLUSIONAFFIDA VITPUBLICCONTRACTCODESECTION7106NON-COLLUSIONDECLARATIONTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBIDTheundersigneddeclares:Iamtheforegoingbid.Thebidisnotmadeintheinterestof,oronbehalfof,anyundisclosedperson,partnership,company,association,organization,orcorporation.Thebidisgenuineandnotcollusiveorsham.Thebidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherbiddertoputinafalseorshambid.Thebidderhasnotinanymanner,directlyorindirectly,soughtbyagreement,communication,orconferencewithanyonetofixthebidpriceofthebidderoranyotherbidder,ortofixanyoverhead,profit,orcostelementofthebidprice,orofthatofanyotherbidder.Allstatementscontainedinthebidaretrue.Thebidderhasnot,directlyorindirectly,submittedhisorherbidpriceoranybreakdownthereof,orthecontentsthereof,ordivulgedinformationordatarelativethereto,toanycorporation,partnership,company,association,organization,biddepository,ortoanymemberoragentthereof,toeffectuateacollusiveorshambid,andhasnotpaid,andwillnotpay,anypersonorentityforsuchpurpose.Anypersonexecutingthisdeclarationonbehalfofabidderthatisacorporation,partnership,jointventure,limitedliabilitycompany,limitedliabilitypartnership,oranyotherentity,herebyrepresentsthatheorshehasfullpowertoexecute,anddoesexecute,thisdeclarationonbehalfofthebidder.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathatthestrueandcorrectandthatthisdeclarationisexecutedon [date],atcity], state].

Signatureof DateSignatureofBidder Date
Printnamea Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.)

15.B

ACKNOWLEDGMENT
Anotarypublicorotherof?cercompletingthiscerti?cateveri?esonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orofthatdocument.StateofCalifornia onAUGUST8,2023beforeme,GLORIAMACIAS,NOTARYPUBLIC(insertnameandtitleoftheof?cer)personallyappearedGREGGSTRUMPFwhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.

GLORIAMACIASNotaryPublic-California1LosAngelesCountyECommission#1449942'‘ Comm.ExpiresJun13,2027WITNESSmyhandandof?cialseal.

NNA1Signature (Seal)

15.B

VHOVMIL(’nv1':1‘Vrluf
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ContractPrice:§§} §It. DateofCompletion:[2£(£Mk-LVMU
. , ml@5155 Sm?c HrvSmTncmh>,(_z«.11sa3MJLUWIVpishf?\'oloh,lo«.l\CWIFSElli7,§b-O0 : AL/gZ011 (,M1I1/wf‘l,<~1vn\au|1(u Hvo)|43_‘1;i55'1$001+(cask\h‘q\n*101,41aside_CR-WZJISVI PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)CONTRACTOR'SREFERENCELISTAttachtothisbidalistofthree(3)projectsinthepastfive(5)yearsonwhichthebidderandhissubcontractor(s)havesuccessfullyconstructedandcompletedprojectswiththesametype(elements),sizeandcomplexityofwork.TheAgencyEngineerwillmakethefinaldeterminationofwhethertheprojectslistedhereareofthesametype,sizeandcomplexityasthisproject.Failureofbiddertosupplysufficientdocumentationofsimilarelectric,telephone,cableandsanitarysewerundergroundfacilitiesexperienceshallbeconsideredgroundsforanon—responsivebidand,attheAgency'sdiscretion,saidbidwillbedisqualified.ProjectName DateofCompletionName,Address,andTelephoneNumberofOwner'sRepresentative ProjectName
ProjectName:ContractPrice: DateofCompletionName,Address,andTelephoneNumberofOwner'sRepresentative:
(Attachadditionalpagesasnecessary)
ee;s5.0ov\.%oM01\3?,OLLc’(‘-0m'\(Turm(amam-uwab
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Mm\o(o\5W330MM}.Pm»Q.Novr6\.(,Pc-nnmooY 09.6,
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Name,Address,andTelephoneNumberofOwner'sRepresentative:(.onl’V\0’r'~(lmhtmmoMen}

15.B

(M34LandSuvwjin,UNN~EdlzhiiffShoranqucn-‘lwb?IC-
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PicklebailCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)DESIGNATIONOFSUBCONTRACTORSNameofSubcontractorandLocationofPlaceDescriptionandSubcontractor’sDIRRegistrationofBusinessPercentageofWorkLicenseNo. Number (Biddertoattachadditionalsheetsifnecessary)(PUBLICCONTRACTCODE§4lO0ETSEQ.) taconoFenceInc.szmPwmad-?4‘~Ier§\'d4,C.mso01ME(amwe(um?I Inc‘)?(*0eoyfrw(Z—ivcrs\d4,ca.ansav. e\ec1'rTcwlH0’/‘
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net"N3aasmwtooooogsqg157-demols?onMa0g‘L‘I0017,33‘!I2‘/~Sun/ujinj4?Lsbm27-Elemu(anshvoiZ3nPZ225umdsur?ve.'MWMMMW44:s%8I1000004156:Courtsurmunaj'q:"|0‘13S’LPI/l\'Lll~I00O*{|o5()0

15.B

Raw.1
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dual‘«:I.<41!‘!1‘\j‘V
PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 B|DDER'SPROPOSAL(cont'd)BIDDERCERTIFICATIONSTOBEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBIDTheundersignedBiddercertifiestoOwnerassetforthinsections1through10,belowSTATEMENTOFCONVICTIONSBymysignaturehereunder,Iherebyswear,underpenaltyofperjury,thatnomorethanonefinal,unappealablefindingofcontemptofcourtbyaFederalCourthasbeenissuedagainstBidderwithinthepasttwoyearsbecauseoffailuretocomplywithanorderofaFederalCourtortocomplywithanorderoftheNationalLaborRelationsBoard.CERTIFICATIONOFWORKER'SCOMPENSATIONINSURANCEBymysignaturehereunder,astheContractor,IcertifythatIamawareoftheLaborCodeSection3700,whichrequireseveryemployertobeinsuredagainstliabilityforworker'scompensationortoundertakeself—insuranceinaccordancewiththeprovisionsofthatCode,andIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthisContract.PleasenotethatthesubmittalofthiscertificatedoesnotrelieveContractorfromcomplyingwithalloftheinsurancerequirementsofthePublicWorksAgreementandContractDocuments.CERTIFICATIONOFPREV AILINGW AGERATESANDRECORDSBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSection1773,whichrequiresthepaymentofprevailingwageonpublicprojects.ContractorandanysubcontractorsundertheContractorshallcomplywithLaborCodeSection1776regardingwagerecords,andwithLaborCodeSection1777.5regardingtheemploymentandtrainingofapprentices.ContractorisresponsibletoensurecompliancebyanyandallsubcontractorsperformingworkunderthisContract.CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROFLABORCODEBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSections1777.1and1777.7Code,andContractorandSubcontractorsareeligibletobidandworkonpublicworksprojects.CERTIFICATIONOFNON-DISCRIMINATIONBymysignaturehereunder,astheContractor,Icertifythattherewillbenodiscriminationinemploymentwithregardtorace,color,religion,gender,sexualorientation,ageornationalorigin;thatallfederal,state,andlocaldirectivesandexecutiveordersregardingnon-discriminationinemploymentwillbecompliedwith;andthattheprincipalofequalopportunityinemploymentwillbedemonstratedpositivelyandaggressively.

15.B

[09oQ020~(1
PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)CERTIFICATIONOFNON-DISQUALIFICATIONBymysignaturehereunder,astheContractor,Iswear,underpenaltyofperjury,thatthebelowindicatedBidder,anyofficerofBidder,oranyemployeeofBidderwhohasaproprietaryinterestinsuchBidder,hasneverbeendisqualified,removed,orotherwisepreventedfrombiddingon,orcompletingaFederal,State,orlocalgovernmentprojectbecauseofaviolationoflaworsafetyregulation,exceptasindicatedontheseparatesheetattachedheretoentitled"PreviousDisqualifications.”Ifastatementof”PreviousDisqua|ifications”isattached,pleaseexplainthecircumstances.CERTIFICATIONOFADEQUACYOFCONTRACTAMOUNTBymysignaturehereunder,astheContractor,pursuanttoLaborCodeSection2810(a),certifythat,ifawardedtheContractbasedontheundersigned’sBid,theContractwillincludefundssufficienttoallowtheContractortocomplywithallapplicablelocal,state,andfederallawsorregulationsgoverningthelabororservicestobeprovided.IunderstandthatOwnerwillberelyingonthiscertificationifitawardstheContracttotheundersigned. (soa)b.[Pleasecompleteorstrikeoutthefollowingasinapplicable]Subsequently,onoraboutand ContactorsubmittedfurtherinformationsupplementingforforegoingStatementofQualifications.c.Allinformationdescribedaboveisreferredtoasthe"Qualificationlnformation.”d.ContractorhascarefullyreviewedalloftheforegoingQualificationInformation.e.[Pleasecheckand/orcompleteoneofthefollowing]AllPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactuallybeingsubmittedtoOwnerasofthedatehereof.ExceptasotherwiseexpresslysetforthinseparateAdditionalPrequalificationInformation,submittedwiththeBid,allPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactually CERTIFICATIONREGARDINGDIRCONTRACTOR/SUBCONTRACTORREGISTRATIONBymysignaturehereunder,astheContractor,IcertifythatContractor,andalllistedSubcontractorsarethesubjectofcurrentandactivecontractorregistrationspursuanttoDivision2,Part7,Chapter1(commencingwithsection1720)oftheCaliforniaLaborCode.Contractor'sregistrationnumberis[pleasecomplete].Subcontractors’registrationnumbersareasindicatedinDocument004314.CERTIFICATIONREGARDINGPREQUALIFICATIONINFORMATION[OPTIONAL]Bymysignaturehereunder,astheContractor,Icertifyasfollows:a.ContractorprequalifiedforthisProjectbysubmittingitsStatementofQualifications,datedokw(\\NH’wax/c'o(.mt<

15.B

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PickleballCourtsConstructionProjectatGibbelParkCIPNo.5746 BlDDER'SPROPOSAL(cont’d)beingsubmittedtoOwnerasofthedatehereof.[ContractormustprovideAdditionalPrequalificationInformationasdescribedaboveifthisitemischecked.]CERTIFICATIONOF[InsertotherOwner-specificcertifications,ifapplicable.Otherwise,delete.] BIDDER:

Signatureofer DateSignatureofBidder Date
Printnametitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.) €$\
'0’\—L°>

15.B

C.S.LegacvConstruction,Inc.REFERENCES

1.MaxwellParkRenovationCityofAnaheim200S.Anaheim,Ca92805Contact:RobertPalaeologus(714)765-5175Ext5711Completed11/08$1,669,901.502.WhittierHighSchoolQuadWhittierUnionHighSchoolDistrict9401So.PainterAve.Whittier,Ca90605Contact:DougOrndorff(562)698-8121Ext1537Completed08/2008$1,009,783.003.MeadowsParkCityofLynwood11330BullisRoadLynwood,Ca90262Contact:ArsenioFrontera(310)603-0220(310)635-0493Completed9/08$1,473,593.204.HesperiaCivicPlazaCityofHesperia9700SeventhAve.Hesperia,Ca92345Contact:DavidR.Burkett(760)947-1202Completed9/2008$3,500,000.005.PCHRoadwayImprovementsCityofDanaPont33282GoldenLanternDanaPoint,Ca92629Contact:ToddNiemann(949)213-4231Completed09/2008$712,343.30

15.B

\|l| I.l|J ‘.l4u|‘llui“:?..IqJ! ulw
‘

6.DatelandParkCityofCoachella1515SixthStreetCoachella,Ca92236Contact:MarkChappell(760)398-5744(760)398-1630Completed10/2008$1,679,765.617.Thornton&WindsorParksCityofSantaAnaP.O.Box1988SantaAna,Ca92702Contact:WilliamAlbright(714)647-5029Completed9/2008$331,240.008.DotsonParkCityofStanton7800KatellaAvenueStanton,Ca90680Contact:SeanCrumby(714)379-9222Ext.204Completed12/08$1,866,279.009.GarciaParkCityofRanchoCucamonga10500CivicCenterDr.RanchoCucamonga,Ca91729Contact:KarenEmeryMcGuire(909)477-2740Ext.4080(909)477-2746FaxCompleted09/08$1,831,717.2510.EstudilloParkingLotCityofSanJacinto595S.SanJacintoAveSanJacinto,Ca92583Contact:HollyBinkley(951)654-3592(951)651-3672Completed8/08$215,783.0011.MemorialParkWalkway&WalkwayLightingCityofPasadena

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Pasadena,Ca91109Contact:RenyQ.Quijano(626)744-6741(626)744-3892Completed09/2008$130,000.0012.OakGlenParkImprovementsCountyofSanBernardino157WestFifthStreetSanBernardino,Ca92415Contact:GregBacon(909)387-5940(909)387-5968Completed2008OriginalContract$911,488.0013.WestmisterH.S.ParkingLotHuntingtonBeachU.H.S.D5832BolsaAve.,HuntingtonBeach,Ca92646Contact:CeliaTaylor(714)903-7000(714)372-8105Completed01/09$854,832.0014.1000PalmsCommunityParkRiversideCountyRedevelopmentC/OIanDavisonLandscapeArchitecture,Inc.3744TenthSt.Suite200Riverside,Ca92501Contract:IanDavisdn(951)683-1282(951)683-4352Completed12/08$775,000.0015.CentennialH.S.SoftballParkComptonU.S.DC/ODelTerra13181CrossroadsPkwyNorthSte.200CityofIndustry,CA91746Contact:LisaEstrada(626)839-9300(626)592-3595Completed11/08$310,000.0016.MoorparkCollegeWalkway

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VenturaCommunityCollegeC/OHeery103DurleyAvenueCamarillo,Ca93010Contact:DickJones(805)384-8152(805)384-8155Completed12/08$359,956.0017.SkyWaterTrailSidewalkCityofCathedralCity68-700AvenidaLaloGuerreroCathedralCity,CA92234Contact:MitchellJ.Nieman(760)770-0348(760)202-1460Completed10/08$143,021.0018.Play?eldExpansionPomonaUni?edSchoolDistrict800S.GareyAvePomona,Ca91766Contact:AvaHill(909)397-4800(909)397-5050Completedll/2008OriginalContract$257,205.0019.BanningParkingLotCityofBarming99E.RamseyStreetBarming,Ca92220Contact:HollyStuart(951)922-3138(951)922-3141Completed12/O8$961,941.0020.BallJr.HighConcreteAnaheimUni?edSchoolDistrict501CrescentWayAnaheim,Ca92803Contact:RalphFigueroa(714)999-2188(714)520-5741Completed8/2008$198,698.00

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LosAngelesCounty900SouthFremontAve8”‘FloorAlhambra,Ca91803Contact:IrmaV .Serna(626)458-4951(626)458-2197Completed08/2008$698,729.0022.CypressSt.ImprovementCityofHighland27215BaseLineHighland,Ca92346Contact:EttaR.Pulce(909)890-1255(909)890-0995Completed09/09OriginalContract$437,389.0023.HuntingtonBeachHSTennisCourtsHuntingtonBeachUnionHighSchoolDistrict5832BolsaAveHuntingtonBeach,Ca92649Contact:CeliaTaylor(714)903-7000(714)372-8105Completed03/2009$1,475,370.0024.DowntownInfrastructureCityofIndio100CivicCenterMallIndio,Ca92201Contact:MarianoAguire(760)541-4230(760)391-4021Completed09/2009$3,550,000.0025.SoccerFieldBeverlyHillsUni?edSchoolDistrict255S.LaskyDriveBeverlyHills,Ca90212Contact:ArturoArce(310)550-8049(310)551-0287Completed05/2009$363,935.0026.CommunityServicesParkingLot

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(714)895499Complete10/0
(626)459Complete
(661)-6000Compd07/O
CityofWestminster8200WestminsterBoulevardWestminster,Ca92683Contact:JakeNgo(714)898-3311-4d 9OriginalContract$237,314.0027.VeteransParkSportsCityofCcolton650N.LaCadenaDrColton,Ca92324Contact:Thomas1Williams(909)370-5099Completed11/2009$3,046,000.0028.SouthLagunaStreetscapeCityofLagunaBeach505ForestAveLagunaBeach,Ca92651Contact:LisaM.Penna(949)497-0792Completed11/2009$848,282.0029.ChallengerYouthCenterCountyofLosAngeles900SouthFremontAvenueAlhambra,Ca91803Contact:BrianSoria-5100d06/09OriginalContract$101,294.0030.TierraBonitaParkCityofLancaster44933FernAvenueLancaster,Ca93534Contact:JonHManager723lete9OriginalContract$101,294.0031.MarinaHighSchoolCourtsHuntingtonBeachU.H.S.D5832BolsaAveHuntingtonBeach,Ca92649Contact:CeliaTaylor(714)903-7000

15.B

Completed10/2009$1,268,639.0032.ThunderskyParkCityofRiverside3900MainStreetRiverside,Ca92522Contact:AndyEmery(951)826-5311Completed10/2009$1,259,000.0033.MaryVanDykeParkCityofSouthElMonte1415N.SantaAnitaAvenueSouthElMonte,Ca91733Contact:NormaMacias(626)579-6540Completed12/2009$1,259,000.0034.PrimeDesertPavilionCityofLancaster44933FernAveLancaster,Ca93534Contact:NealKnopik(661)72-6000Completed10/2009$145,674.0035.RobinsonParkCityofPasadena100NorthGar?eldAvenuePasadena,Ca91109Contact:StevenL.Wright(626)744-7389Completed12/2009$2,459,699.0036.WestminsterH.S.SouthParkingLotHuntingtonBeachUnionHighSchoolDistrict5832BolsaAvenueHuntingtonBeach,Ca92649Contact:CeliaTaylor(714)903-7000Completed10/2009$1,065,526.0037.HuntingtonBeachH.S.FirelaneHuntingtonBeachUnionHighSchoolDistrict5832BolsaAveHuntingtonBeach,Ca92649Contact:NelsonCayabyab

15.B

(714)903-7000Completed10/2009$664,687.0038.Villa&SingerRestroomsCityofPasadena100NorthGar?eldAvenuePasadena,Ca91109Contact:StevenL.Wright(626)744-7389Completed7/2010$458,855.0039.LakeSkinnerImprovementsRiversideCountyRegionalPark&Open-SpaceDistrict4600CrestmoreRdRiverside,Ca92509Contact:JasonPlotkin(951)955-0169(951)955-1383Completed7/2010$4,162,378.5540.WestDowntownPedestrianImprovementCityofSantaBarbara630GardenStreetSantaBarbara,Ca93102Contact:EricMaple(805)564-5377(805)897-2613Completed04/2011$2,299,220.0041.FairmountParkUniversalPlayAreaCityofRiverside3900MainStreetRiverside,Ca92522(951)826-2000(951)826-2005Contact:AndyEmeryCompleted06/2010$2,207,907.0042.PalmDr&PiersonStreetscapeCityofDesertHotSprings65-950PiersonBlvdDesertHotSprings(760)329-6411(760)288-0606Contact:JonathanJoyCompleted06/2010$3,221,889.93

15.B

43.EastsideBox&WoodwardParksCityofYorbaLinda4845CasaLomaAvenueYorbaLinda,Ca92885SteveCampbell(714)961-7168Completed06/2010$1,067,515.4144.PeckParkCityofLosAngeles1149SouthBroadwayLosAngeles,Ca90015(213)847-1922Contact:MaryCarterCompleted09/11OriginalContract$3,636,946.0045.PioneerHighSchoolSitework— QuadWhittierUnionHighSchoolDistrict9401SPainterAveWhittier,Ca90605(562)698-8121Contact:StephanieRuternbeckCompleted09/2010OriginalContract$1,088,487.0046.ElToroParkRenovationCityofLakeForest25550CommercentreDrSuite100LakeForest,Ca92630(949)461-3400Contact:LuisEstevezCompleted09/2010OriginalContract$563,681.0047.VanWigCourtyardRenovationBassettUni?edSchoolDistrict904N.WillowAveLaPuente,Ca91746(626)839-9300Contact:WilsonVasconezCompleted10/2010OriginalContract$648,276.0048.HunterHobbyParkCityofRiverside3900MainStRiverside,Ca92522

15.B

(951)826-2012(951)826-2038Contact:EwinaLauCompleted12/2011OriginalContract$4,754,813.0049.CostaMesaHighSchoolNewport— MesaUni?edSchoolDistrict2985— ABearStreetCostaMesa,Ca92626(714)424-5000Contact:JamesLamondCompleted:09/2010OriginalContract$369,072.0050.SepulvedaBasinSportsComplexCityofLosAngeles221N.FigueroaSt.Ste1510LosAngeles,Ca90012(213)202-2640Contact:MaryEAlvarezCompleted01/2012OriginalContract$7,301,548.0051.CoronaDelMarHighSchoolNewportMesaUnifiedSchoolDistrict2985— ABearStreetCostaMesa,Ca92626(714)424-5000Contact:JefferyTraderCompleted02/2011$916,155.0052.Multi-SiteTrack&FieldImprovementsHuntingtonBeachUni?edH.S.D.5832BolsaAveHuntingtonBeach,CA92649(714)903-7000X4359Contact:CeliaTaylorCompleted05/20113,208,884.0053.AtwaterParkCityofLosAngeles221NFigueroaStreetLosAngeles,Ca90012(213)202-2640Contact:MaryEAlvarez

15.B

Completed12/2011OriginalContract:2,170,632.0054.PierBowlLightingCityofSanClemente910CalleNegocioSanClemente,Ca92673(949)361-8267Contact:TimShawCompleted07/11OriginalContract1,326,322.0055.4"‘AvenueParkCountyofLosAngeles4800CesarEChavezAvenueLosAngeles,Ca90022(323)260-3449Contact:JeffreyBibenCompleted5/12OriginalContract:3,866,188.00

56.CollegeParkCityofOxnard1060Paci?cAvenueOxnard,Ca93030Contact:ReneeHatcher805-200-5289Completed1/12OriginalContract:11,056,475.0057.DotyTrustParkCityofRiverside3900MainStreetRiverside,Ca92522(951)826-2000Contact:AndyEmeryCompleted5/12OriginalContact:$3,531,462.0058.GibsonMariposaParkCityofElMonte11333ValleyBlvdElMonte,Ca91731(626)580-2058Contact:JamesEnriquezCompleted01/12OriginalContract2,905,629.0059.HuntingtonBeachHighSchoolAthleticFieldImpHuntingtonBeachUnionHighSchoolDistrict

15.B

5832BolsaaveHuntingtonBeach,Ca92649(714)903-7000Contact:CeliaTaylorCompleted12/2011OriginalContract$2,235,567.0060.CucamongaElementarySchoolSiteImpCucamongaSchoolDistrict8776ArchibaldAveRanchoCucamonga,Ca91730(909)484-1009Contact:LynnAshtonCompleted08/110riginalContract:$212,426.0061.CostaMesaHighSchoolPaving&LandscapeNewport— MesaUni?edSchoolDistrict2985— ABearStreetCostaMesa,Ca92626(714)424-5079Contact:JefferyTraderCompleted09/11OriginalContract$467,692.0062.DonJulianElementaryPathofTravelBassetUni?edSchoolDistrict904NWilsonAveLaPuente,Ca91746(626)931-3000Contact:WilsonVasconezCompleted08/110riginalContract$779,654.0063.AtlantisSplashPadCityofGardenGrove11222AcaciaParkwayGardenGrove,Ca92842(714)741-5040Contact:SandraSegawaCompleted03/12OriginalContract$668,192.0064.CostaMesaH.S.UtilitiesNewport— MesaUni?edSchoolDistrict2985— ABearStreetCostaMesa,Ca92626(714)424-8950Contact:CraigP.ScaringiCompleted09/11OriginalContract3;1,215,274.00 wx ‘ 1?u1‘w.‘J«u|..|.u1«uu14u.uJ-1xAu.‘|..~1..

15.B

65.CopperHillParkCountyofLosAngeles900SouthFremontAveAlhambra,Ca91803(626)300-2329Contact:ClaireChangCompleted5/2012OriginalContract$795,555.0066.FlorenceAve.ParkingLotCountyofLosAngelesCommunityDevelopmentCommission1616E.FlorenceAveLosAngeles,Ca90001(323)864-2574Contact:ChenKaoCompleted1/2012OriginalContract$364,104.0067.FuHHalfWidthCountyofSanBemardino222W.HospitalityLaneSanBemardino,Ca92415(909)386-8775Contact:ArthurLRiveraCompleted10/2012OriginalContract$2,696,336.0068.TequesquiteParkImp.CityofRiverside3900MainStRiverside,Ca92522(951)826-2000Contact:AndyEmeryCompleted6/2013OriginalContract$7,016,220.0069.ArlingtonH.S.FieldUpgradesRiversideUni?edSchoolDistrict338014thStreetRiverside,Ca92501951-352-6729Contact:Chenchira(Jane)JurnnongslipCompleted11/2012OriginalContract$3,092,452.0070.RooseveltIIElementarySchoolSanBemardinoCityUni?edSchoolDistrict

15.B

777N.FStreetSanBemardino,Ca92410909-384-1785Contact:AndresRamirezCompleted12/12OriginalContract$1,088,938.0071.PolyHighSchool— StadiumImprovementsRiversdeUni?edSchoolDistrict338014”‘StreetRiverside,Ca92501951-788-7147Contact:JanetDixonCompleted01/12OriginalContract$1,223,921.0072.MontereyAveEntranceDesertCommunityCollegeDistrict43-500MontereyAvePalmDesert,Ca92260760-346-8041Contact:KarenLeSassierCompleted08/2013OriginalContract$1,201,040.0073.NorthCampusFrontQuadLandscapeLongBeachCommunityCollegeDistrict4901EastCarsonStreetLongBeach,Ca90808562-938-4947Contact:MargiePadronCompleted5/2013OriginalContract$2,271,564.2574.MagnoliaHighSchoolAnaheimUnionHighSchoolDistrict501CrescentWayAnaheim,Ca92803714-999-3511Contact:JenniferEllmoreCompleted12/2012OriginalContact$1,427,100.0075.FitnessParkCityofParamount16400ColoradoAvenueParamount,Ca90723

15.B

I \VN?|\\1xq:1?J AH'.4¢4;...
562-220-2000Contact:BillPagettCompleted4/2013OriginalContact$3,767,348.2376.BagdoumaParkCityofCoachella1515SixthStCoachella,Ca92236760-398-5744Contact:GordonFisherCompleted4/2013OriginalContract$2,447,971.0077.Hwy18ImpTownofAppleValley14955DaleEvansPkwyAppleValley,Ca92307760-240-7000Contact:ChristopherMooreCompleted4/2013OriginalContract:$967,933.4178.ValleyCollegeSanBernardinoValleyCollegeDistrict114S.DelRosaDrSanBemardino,Ca92408Contact:CharlieNG909-382-4000Completed4/2013OriginalContract:$1,356,776.0079.0rangeGroveParkCommunityDevelopmentCommissionCountyofLosAngeles700W.MainStAlhambra,Ca91801(323)260-3449Contact:JeffreyBibenCompleted01/14OriginalContract:$1,756,889.7280.DStreetImprovementsCityofPerris101NDStreetPerris,Ca92570MichaelMorales

15.B

951-956-2120Completed11/2013OriginalContract:$1,723,873.6081.ChittickFieldCityOfLongBeach411WOceanBlvdLongBeach,Ca90802Contact:MarilySurakis562-570-6283Completed5/2014OriginalContract:$7.1MM82.Av0cadoHeightsTrailCountyofLosAngeles900SFremontAveAlhambra,Ca91803Contact:IrmaVasquez626-458-4951Completed7/2014OriginalContract:$4,038,400.0083.RimrockRoadCityofBarstow220EMountainViewStreetBarstow,Ca92311Contact:JoAnneV .Cousino760-256-3531Completed2/1014OriginalContract:$7,547,936.2484.MedianImprovementsTownofYuccaValley58928BusinessCenterDrYuccaValley,Ca92284Contact:AlexQishta760-369-6579Completes5/2014OriginalContract:$2,161,147.0085.CedarAvenueCountyofSanBemardino825E.ThirdStSanBernardino,Ca92415Contact:JohnnyGayman(909)387-8104

15.B

Completed06/2014OriginalContract:$811,969.0086.RexfordIntersectionImp.CityofBeverlyHills455N.RexfordDriveBeverlyHills,Ca90210Contact:AlanSchneider(310)285-2400Completed5/2014OriginalContract:$396,624.0087.CDBGSidewalkImpCityofCorona400S.VicentiaAvenueCorona,Ca92882Contact:BarryGhaemi(951)739-4961Completed7/2014OriginalContract$422,893.0088.W.SanGrabrielRiverCityofLakewood5050N.ClarkAveLakewood,Ca9071Contact:KimberlyMcDowell562-866-9771Completed11/2014OriginalContract$912,903.0089.RoyalHighSchoolTrack&FieldSimiValleyU.S.D875E.CochranStSimiValley,Ca93065Contact:PedroAvila805-306-4500Completed11/2014OriginalContract$1,845,235.0090.Curb&SidewalkImpCityofRialto335W.RialtoAveRialto,Ca92376Contact:MarcusL.Fuller909-820-2525Completed10/2014

15.B

OriginalContract$407,827.0091.Ball?eldNo.5CityofBuenaventura501PoliStreetVentura,Ca93002Contract:MelissaYanez805-654-7870Completed11/2014OriginalContract$610,809.6292.OsoParkwayWideningCityofMissionViejo200CivicCenterMissionViejo,Ca92691Contact:KimberlySchmitt949-470-3052Completed7/2015OriginalContract$3,481,376.71

93.EastVillageParkCityofOxnard1060Paci?cAveOxnard,Ca93030Contact:RalphAlamillo805-385-7821Completed5/2015OriginalContract$1,396,440.0094.CrownValleyCommunityParkCityofLagunaNiguel30111CrownValleyParkwayLagunaNiguel,Ca92677Contact:JackiScott949-362-4337Completed8/2015OriginalContract$4,599,485.8895.RoxburyParkCityofBeverlyHills345FoothillRoadBeverlyHills,Ca90210Contact:AlanSchneider310-285-1188Completed5/2015

15.B

OriginalContract$996,626.0096.WhitewaterParkCityofCathedralCity68700AvenidaLaloGuerreroCathedralCity,Ca92234Contact:JohnA.Corella760-770-0340Completed8/2015OriginalContact$2,499,241.0097.Rutland&GramercyStreetsCityofRiverside3900MainSt.Riverside,Ca92522Contact:DannyCwiak951-826-5341Completed04/2015OriginalContract$368,657.0098.DStreetImp.Phase6CityofPerris101N.DStreetPerris,Ca92510Contact:MichaelMorales951-956-2120Completed05/2015OriginalContract:$495,498.2099.GrijalvaParkCityofOrange300E.ChapmanAveOrange,Ca92866Contact:DonEsquitz714-532-6464Completed04/2015OriginalContract$337,809.00100.LaMiradaBlvdMedianNoseImp.CityofLaMirada13700LaMiradaBlvd.LaMirada,Ca90637,Contact:LoriWolfe562-943-0131Completed5/2015OriginalContact$290,578.00

15.B

101.LynwoodLinearParkCityofLynwood11330BullisRdLynwood,Ca90262Contact:BrunoNaulls310-603-0220Ext253Completed10/2015OriginalContract$4,683,273.00102.CivicCenterConservationParkCityofOntario303EastB.StreetOntario,Ca91764Contact:CarolynBell909-395-2622Completed9/2015OriginalContract$1,985,083.00103.OrangeSplashPadZoneCityofParamount16400ColoradoAveParamount,Ca90723Contact:SarahHo562-220-2000Completed9/2015OriginalContract$591,701.00104.PerrisSoundWallPerrisElementarySchoolDistrict143East15‘StreetPerris,Ca92570Contact:GloriaGonzales951-657-3118Completed8/2015OriginalContract$558,772.00105.CalipatriaCapitalImp.CityofCalipatria140WestMainStCalipatria,Ca92233Contact:Jack760-337-3883Completed8/2015OriginalContract$643,784.00

15.B

106.OxfordRetentionBasinCountyofLosAngeles900S.FremontAveAlhambra,Ca91803Contact:RickSun626-458-5911Completed6/2016OriginalContract$8,004,089.00107.BeverlyHillsConcrete,Curb&GutterCityofBeverlyHills345FoothillRdBeverlyHills,Ca90210Contact:TristanDMalabanan310-285-2512Completed3/2016OriginalContact$996,981.00l08.RidgecrestCorp.YardCityofRidgecrest100W.CaliforniaAveRidgecrest,Ca93555Contact:MikeBustos760-499-5083Completed5/2016OriginalContract$869,734.00109.LosFelizDr.SidewalkCityofThousandOaks2100ThousandOaksBlvdThousandOaks,Ca91362Contact:MikeTohidian805-449-2400Completed6/2016OriginalContact$881,446.00110.ViaVerdeAvenueCityofSanDimas245EastBonitaAvenueSanDimas,Ca91773Contact:SteveM.Farmer909-394-6200Completed7/2016OriginalContract$766,956.00

15.B

111.PearbloosomParkCountyofLosAngeles900S.FremontAveAlhambra,Ca91803Contact:DavidPalma626-458-2180Completed8/2016OriginalContract$1,082,272.00112.OrangeBlossomTrailCityofRedlands35CajonStreetRedlands,Ca92373Contact:GregoryBrooks909-798-7698Completed8/2016OriginalContract$692,783.00113.MultiParksCityofOxnard305WestThirdStreetOxnard,Ca93030Contact:RalphAlamillo805-385-7803Completed6/2016OriginalContract$588,097.00114.ParamountBlvd.UrbanRenovationsCityofParamount16400ColoradoAveParamount,Ca90723Contact:BillPaget562-220-2108Completed8/2016OriginalContract$3,316,409.95115.HRPPGrantParksCityofIndio100CivicCenterMallIndio,Ca92201Contact:MikeEdgar760-391-4000Completed6/2016OriginalContract$1,069,040.00

15.B

1 .\?uN..Iln44I.lJ11u11nuIvJ.luA‘: 4,.
116.CDBGSidewalkImp.CityofCorona400S.VicentiaAveCorona,Ca92882Contact:BarryGhaemi951-739-4961Completed7/2016OriginalContract$746,235.00117.TierraBonitaParkCityofLancaster44933FernAveLancaster,Ca93534Contact:JohnLoomis661-723-6237Completed10/2016OriginalContract$514,032.30118.RichmarParkCityofSanMarcos201MataWaySanMarcos,Ca92069Contact:MichaelEdwards760-744-1050Completed02/2017OriginalContract$1,617,252.00119.Landmark/MountainViewR&RMorenoValleyUnifiedSchoolDistrict25634AlessandroBlvdMorenoValley,Ca92553Contact:VeronicaCastro951-571-7679Completed11/2016OriginalContract$505,303.00120.DrakeChavezParkCityofLongBeach411W.OceanBlvdLongBeach,CaContact:TeriLuce562-570-6200Completed5/2017OriginalContract$2,474,478.00

15.B

121.MorenoValleyH.S.FencingMorenoValleyUni?edSchoolDistrict25634AlessandroBlvdMorenoValley,Ca92553Contact:JosieH.Ripoly951-571-7500Completed5/2017OriginalContract$2,564,296.00122.CarolynRosasSplashPadCountyofLosAngeles900S.FremontAveAlhambra,Ca91803Contact:LoydiNguyen626-458-5100Completed10/2017OriginalContract$1,244,194.00123.LosRoblesSplashPadCountyofLosAngeles900S.FremontAveAlhambra,Ca91803Contact:LoydiNguyen626-458-5100Completed10/2017Contract$1,192,048.00124.MojaveRiverwalkTownofAppleValley14955DaleEvansPkwyAppleValley,Ca92307Contact:RichardPederson760-240-7000Completed2/2017OriginalContract$750,623.25125.FutsalCourtCityofParamount16400ColoradoAveParamount,Ca90723Contact:BillPagett562-220-2108Completed5/2017OriginalContract$442,709.00126.DigiorgioActionPark

15.B

CityofArvin200CampusDr.Arvin,Ca93203Contact:AdamOjeda661-854-3134Completed2/2017OriginalContract$454,911.00127.ParadiseCreekEducationalParkCityofNationalCity1243NationalCityBlvdNationalCity,Ca91950Contact:StephenManganiello619-336-4241Completed8/2017$612,243.00128.FirebaughH.S.&LynwoodMiddleSchoolLynwoodUni?edSchoolDistrict11321BullisRoadLynwood,Ca90262Contact:CeciliaGinoza626-839-9300Completed7/2017$1,812,083.00129.JackBulikCourtyardCityofFontana16489OrangeWayFontana,Ca92335Contact:LuisVillalobos909-350-6696Completed5/2017$566,583.00130.SouthwindsParkCityofOxnard305W.ThirdSt.Oxnard,Ca93030Contact:ReneeHatcher805-200-5289Completed8/2017$933,120.00131.MainSt.LightingImp.CityofElCentro

15.B

1275MainSt.ELCentro,Ca92243JackFleming760-337-4515Completed8/2017$1,799,971.00132.MilesAveParkCityofIndio100CivicCenterMallIndio,Ca92201Contact:MikeEdgar760-391-4000Completed8/2017OriginalContract$1,$11,487.00133.KelloggParkTrustforPublicLand135W.GreenStreet2”“FloorPasadena,Ca91105EdnaRobidas323-223-0441Completed1/2018$2,044,438.00134.VariousParksImprovementsCityofPomona505S.GareyAvePomona,Ca91769DanDrake909-620-2261Completed11/2017$1,124,520.00135.O’FarrellCharterSchool— WholeSiteModernizationSanDiegoUni?edSchoolDistrict2351CardinalLaneSanDiego,Ca92123Contact:JudithStark858-522-5864Completed9/2018$2,817,474.00136.JulianFisherParkCityofMonrovia415S.IvyAvenue

15.B

Monrovia,Ca91016Contact:LaurenMarshall626-932-5575Completed11/2017$474,635.00137.WindrowDogParkCityofOxnard305W.ThirdStOxnard,Ca93030Contact:ReneeHatcher805-200-5289Completed11/2017$320,181.00138.WashStabilizationCityofLakeHavasuCity2330McCullochBlvdN.LakeHavasuCity,AZ86403Contact:DianeLibby928-854-0779Completed6/2018$3,256,325.00139.CordovaParkLightingRenovationCityofMissionViejo200CivicCenterMissionViejo,Ca92691Contact:JerryHill949-470-3085Completed3/2018$181,710.00140.NorthBeachPlaygroundCityofSantaMonica1685MainStreetSantaMonica,Ca90401Contact:MarceloSerrano310-458-2205Completed8/2018$1,824,677.00141.BrookhurstSecurityFenceAnaheimUnionHighSchoolDistrict501CrescentWaAnaheim,Ca92803

15.B

Contact:JenniferKeys714-999-2380Completed4/2018$673,507.00142.BusBenchShelterImp.CityofRedondoBeach415DiamondSt.RedondoBeach,Ca90277Contact:NikBoas310-318-0661Completed7/2018$800,341.00143.WellsArlanzaSidewalksCityofRiverside3900MainStreetRiverside,Ca92522Contact:AlexRamirez951-826-5294Completed9/2018$1,578,520.00144.TorranceSplashPadCityofTorrance3031TorranceBlvdTorrance,Ca90509Contact:NinaSchroeder310-781-7140Completed9/2018$892,095.00145.CivicCenter&CommunityCenterImp.CityofStanton7800KatellaAveStanton,Ca90680Contact:GuillermoPerez714-379-9222Completed9/20181,179,072.00146.BuenaParkHSStadiumFullertonJointUnionHighSchoolDistrict1051W.BastanchuryRdFullerton,Ca92833Contact:JeffAnthony

15.B

714-870-2819Completed10/2019$13,801,330.00147.Hollister/KelloggParkCityofGoleta130CremonaDr.Goleta,Ca93117Contact:JoAnnePlummer805-562-5505Completed3/2019$3,592,171.00148.CloverParkRestroomReplacementCityofSantaMonica1685MainStreetSantaMonica,Ca90401Contact:MarceloSerrano310-458-2205Completed2/2020$2,101,827.00149.LagunaBeachVillageEntranceCityofLagunaBeach505ForestAvenueLagunaBeach,Ca92651Contact:RobertEchavarria949-497-9000Ext252Completed5/2020$8,432,668.00150.AlpineParkCityofLosAngeles221N.FigueroaSt.LosAngeles,Ca90012Contact:JavierGonzalez213-847-4725CompletedJune2021$6,388,000.00151.SouthVictoriaParkLandforPublicTrust135W.GreenStPasadena,Ca91105Contact:EdnaRobidasExt15

15.B

Completed10/2019$1,247,927.00152.LakeHavasuAveReconstructionCityofLakeHavasuCity2330McCullochBlvdN.LakeHavasuCity,AZ86403Contact:ShannonBlakey928-854-0779Completed7/2019$3,570,372.59153.CommonsHeritageParkCityofCathedralCity68-700AvenidaLaloGuerreroCathedralCity,Ca92234Contact:JohnACorella760-770-0360Completed10/2019$1,666,567.00154.DennisTheMenacePark&ApolloParkCityofDowney1ll1lBrookshireAvenueDowney,Ca90241Contact:WaltEden949-480-7048Completed11/2019$5,694,775.00155.MurdyParkCityofHuntingtonBeach2000MainStreetHuntingtonBeach,Ca92648Contact:JimEscutia714-536-5227Completed12/2019$1,205,095.00156.BartonParkCityofAnaheim200S.AnaheimBlvdAnaheim,Ca92805Contact:BobPalaeologus714-765-5169Completed5/2020

15.B

3 |,iIuu.B.?IIa.aII..nI.?\.
$1,403,569.67157.CivicCenterMultipurposeSportsFieldCityofSantaMonica1685MainStreetSantaMonica,Ca90401Contact:SebastianFelbeck310-458-2205Completed7/2020$4,066,258.00 158.CenterStreetGreeningCityofSantaAna20CivicCenterPlazaSantaAna,Ca92702Contact:VictorSo714-647-5076Completed5/2020$990,743.05159.VerdugoSt.Beauti?cationCityofSanJuanCapistrano32400PaseoAdelantoSanJuanCapistrano,Ca92675Contact:JoeParco949-443-6353Completed3/2020$1,721,939.98160.fHSFieldsColtonUni?edSchoolDistrict1212ValenciaDriveColton,Ca92324Contact:JoanBaeza909-580-50002021$3,213,152.00161.Brio&OesteParkSplashPadCityofLaHabra110E.LaHabraBlvdLaHabra,Ca90631Contact:CesarRangel562-383-4151February2021

15.B

‘
‘W\4«—_‘J.N4;“|I4«dI‘I1ll-.1i:1H.,9
$2,156,804.00162.VistaCanyonTransitCenterCityofSantaClarita23920ValenciaBlvdSantaClarita,Ca91355Contact:ArchieDomdon661-255-4953September2021$5,677,792.00163.DorisDaviesSkateparkCityofVictorville14343CivicDriveVictorville,Ca92393Contact:HarryMayo760-955-5000December2020$1,199,528.00164.OlympusParkCityofEncinitas505S.VulcanAveEncinitas,Ca92024Contact:JillBankston760-633-2730June2021$4,177,236.00165.RamosStreetParkingLotExpansionCityofSanJuanCapistrano30291CaminoCapistranoSanJuanCapistrano,CA.92675Contact:PaulMeshkin949-443-6350$233,656.00166.RollingHillsParkImprovementsCityofFullerton303WCommonwealthAve.Fullerton,CA.92832Contact:JoseMedina714-738-6863June2021$1,420,336.00

15.B

167.CityEntranceMonumentInstallationCityofLagunaNiguel30111CrownValleyPkwy.LagunaNiguel,CA.92677Contact:CathyNguyen949-362-4341December2020$42,500.00168.2020Sidewalk,Curb,&GutterRepairsCityofLancaster44933NorthFernAve.Lancaster,CA.93534Contact:SteveFalcon661-945-6867May2021$698,121.00169.NorthwestOpenSpaceComm.ParkCityofSanJuanCapistrano30291CaminoCapistranoSanJuanCapistrano,CA.92675Contact:PaulMeshkin949-443-6350July2021$1,141,757.30170.DillsMiniPitchCourtCityofParamount16400ColoradoAve.ParamountCA.90723Contact:RafaelO.Casillas562-330-9008December2020$105,736.00171.GrapefruitBlvd.ImprovementsCityofCoache11a53990EnterpriseWayCoachella,CA.92236Contact:AndrewSimmons760-398-5744August2022$4,258,601.20MainStreetCorridor

15.B

CityofSantaAna20CivicCenterPlazaSantaAna,CA.92701Contact:SeanThomas714-647-5655CurrentlyWorkingon$12,759,695.00173.LongBeachBlvd.ImprovementsCityofLongBeach411WOceanBlvdLongBeach,CA90802Contact:PatCastro213-364-4937November2022$2,486,828.00174.Dr.CarreonParkImprovementProjectCityofIndio100CivicCenterMallIndio,CA.92201Contact:MikeEdgar760-625-1801March2022$444,954.00175.HathawayParkRestroomUpgradeProjectCityofLomita24300NarbonneAve.Lomita,CA.90717Contact:MondherSaied310-325-7110June2021$103,208.00176.RenovationofCityBusSheltersCityofParamount16400ColoradoAve.Paramount,CA.90723Contact:RafaelCasillas562-330-9008Currentlyworkingon$TBD177.CrownValleyParkInterimParkingLotCityofLagunaNiguel

15.B

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30111CrownValleyPkwy.LagunaNiguel,CA.92677Contact:LoriWolfe714-402-9645CurrentlyWorkingOn$404,264.00178.KennedyHSAttendanceCanopyAnaheimUnionHighSchoolDistrict501CrescentWayAnaheim,CA.92801Contact:LeticiaHauck714-999-5454October2022$231,993.00179.PicoParkPavingProjectCityofPicoRivera6615PassonsBlvd.PicoRivera,CA.90660Contact:CailiTorres562-801-4436May2022$235,004.80180.MistletoeParkFitnessCourtProjectCityofSanJacinto595S.SanJacintoAve.SanJacinto,CA.92583Contact:CristyRightmire951-654-3592December2021$51,527.39181.GlenAvonE.S.SiteworkProjectJurupaUni?edSchoolDistrict4850PedleyRd. ‘
JurupaValley,CA.92509Contact:DarylVanDran909-532-5210Currentlyworkingon$1,237,000.00182.ReplacementofPlaygroundEquipmentCityofLagunaNiguel30111CrownValleyPkwy

15.B

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LagunaNiguel,CA.92677Contact:AngelFuertes949-212-6990December2022$1,164,023.00183.SkyTowerParkRenovationsCityofLancaster44933NFernAve.Lancaster,CA.93534Contact:SteveFalcon661-945-6867August2022$1,730,245.84184.GazeboatExpoCenterPavilionBuildingCityofIndustry255N.HaciendaBlvd.Suite222Industry,CA.91744Contact:ChisLum562-896-2260December2022$584,316.84185.MelbaBishopPickleballCourtsCityofOceanside300N.CoastHighwayOceanside,CA.92054Contact:KymberlyCorbin760-435-3534August2022$272,256.00186.SanJoseCreekWaterReclamationPlantStageIIISecurityFenceImprovementsLosAngelesCountySanitationDistrict1955WorkmanMillRd.Whittier,CA.90601Contact:KhuramShah562-561-6117CurrentlyWorkingon$585,000.00187.BryantStreetHomelessShelterCityofBanning99ERamseySt.Banning,CA.92220

15.B

Contact:PatrickSafari951-922-3168August2022$276,270.00188.BloomingtonHighSchool:BaseballandSoftballScoreboardsProjectColtonJointUni?edSchoolDistrict325HermosaSt.Building5Colton,CA.92324October2022Contact:BrianLiabeuf909-580-6644$149,083.00189.SeniorParkingLotCityofPicoRivera6615PassonsBlvd.PicoRivera,CA.90660December2022Contact:GeraldMontgomery562-801-4350$322,807.00190.ChinoRanchoParkCityofChino13220CentralAve.Chino,CA.91710October2022Contact:CarolynnBaltzer909-334-3401$204,971.93191.WhittierBlvdOverlayCityofPicoRivera6615PassonsBlvd.PicoRivera,CA.90660CurrentlyWorkingonContact:JagdishPatel951-788-6028$1,847,752.93192.DStreetSidewalk/PaverImprovementCityofPerris101NDSt.Penis,CA.92570CurrentlyWorkingon

15.B

Contact:MichaelMorales951-956-2120$467,524.66193.CD14TinyHomes— MissionCityofLosAngeles200NSpringSt.LosAngeles,CA.90012CurrentlyWorkingonContact:AdrianHwang213-847-1607332,821,410.00194.WestlakeMacArthurParkPedestrianCityofLosAngeles200NSpringSt.LosAngeles,CA.90012CurrentlyWorkingonContact:AndrewLam213-485-1632$1,145,103.24195.BridgeportPocketParkSantaClaritaValleyWaterAgency26515SummitCircleSantaClarita,CA.91350CurrentlyWorkingonContact:DoloresCampos661-297-1600$373,147.60196.CastellanosElementarySchoolyardTrustforPublicLand135W.GreenStreet2“FloorPasadena,Ca91105CurrentlyWorkingonContact:MatildaReyes626-734-6292$1,239,092197.MeridianParkwayRehab.MarchJointPowersAuthority14205MeridianPkwySTE140Riverside,CA.92518CurrentlyWorkingonContact:CindyCamargo

15.B

951-656-7000$298,644198.GibbelParkSkateParkCityofHemet445EFloridaAve.Hemet,CA.92543CurrentlyWorkingOnContact:NoahRau951-765-2360$2,216,687

15.B

Cotter Construction Inc
29903 Gulf Stream Dr
Canyon Lake CA 92587
September 1, 2023
City Of Hemet
445 E Florida Ave.

Hemet CA 92543
To whom it may concern,
The Paper bid submitted by my firm for Gibbel Park pickle ball project showed a price of $240,718.00. This was added up incorrectly by team and the correct bid amount should be $246,118.00. I apologize for the mistake and look forward to hearing from you.

Respectfully,
Andrew Cotter
President
Cotter Construction Inc
1234 Main Street Anytown, State ZIP 123-456-7890

15.B

1 Project No. 5746

CITY OF HEMET BID AND CONTRACT DOCUMENTS

CITY OF HEMET CONTRACTOR AGREEMENT
Gibbel Park Pickleball Courts – CIP 5746
This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and Cotter Construction, Inc. (“Contractor”) on the 11th day of October, 2023.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the Gibbel Park Pickleball Courts – CIP 5746 to be constructed at 2350 W. Latham Ave., in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

15.B

2 Project No. 5746

3. TIME FOR PERFORMANCE
Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor

4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, 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.

15.B

3 Project No. 5746
Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)

6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.

7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

8. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties.

15.B

4 Project No. 5746
However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.

Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this

15.B

5 Project No. 5746
Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.

Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may

15.B

6 Project No. 5746
not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.

15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.

16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance

15.B

7 Project No. 5746
by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Hemet
By:

Mark Prestwich, City Manager
CONTRACTOR:

Cotter Construction, Inc.

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code

15.B

8 Project No. 5746
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

15.B

EXHIBIT A

CONTRACT DOCUMENTS
City of Hemet Contractor Agreement
Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
Bid Schedule(s)
Addenda and/or Bulletins
Plans
Special Provisions (Specifications)
General Conditions
General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Notice of Award
Notice to Proceed
Certificate(s) of Required Insurance and Worker’s Compensation Insurance Security for Payment (Labor & Materials) and Performance Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.

15.B

EXHIBIT B

CONTRACT PRICE
Not to Exceed Two Hundred and Forty-Six Thousand One Hundred and Eighteen Dollars ($246,118.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

15.B

EXHIBIT C

INSURANCE

1.General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2.Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3.Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

4.Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

15.B

5.Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6.Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

7.Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

8.Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross- liability exclusion precluding coverage for claims or suits by one insured against another.

Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

9.Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.

10.Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

11.Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

15.B

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.

15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

15.B

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

1.01THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Cotter Construction, Inc. as Principal, dated the 11th day of October, 2023 (the Contract), titled the City of Hemet Gibbel Park Pickleball Courts – CIP 5746 in the amount of $246,118.00, which Contract is by this reference made a part hereof, for the work of the following Contract:

Gibbel Park Pickleball Courts – CIP 5746

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

1.03NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE $246,118.00, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

1.06Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

15.B

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

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

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

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

15.B

CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated October 11, 2023 is in the amount of $246,118.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Cotter Construction, Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or other
party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Cotter Construction, Inc.

Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Gibbel Park Pickleball Courts – CIP 5746, dated October 11 th, 2023, in the amount of $246,118.00.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

15.B

BOND TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

4.3Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

15.B

4.4Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph

4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

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

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

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

6.2Contractor’s obligations to pay liquidated damages; and

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

7.If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

15.B

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

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

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

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

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

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

14. Definitions

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

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

15.B

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

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

END OF DOCUMENT

15.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 10 2023
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to an Agreement for Services between the City of Hemet and Lilburn Corporation to Authorize an Additional $5,280 for a Contract not to Exceed the Amount of $61, 540 to complete California Environmental Quality Act (CEQA) Documents for Development Application and Authorizing the First Amendment to the Tri-Party Agreement between Lilburn Corporation and Amco Fuels LLC

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 Second Amendment to an Agreement for Services between the City of Hemet and Lilburn Corporation to Authorize an Additional $5,280 for a Co ntract not to Exceed the Amount of $61,540 to complete California Environmental Quality Act (CEQA) Documents for Development Application and Authorizing the First Amendment to the Tri-Party Agreement between Lilburn Corporation and Amco Fuels LLC.

BACKGROUND:

On July 12, 2022, the City Council adopted Resolution No. 2022 -128, approving an Agreement for Services between the City of Hemet and Lilburn Corporation for the Preparation of a California Environmental Quality Act (CEQA) Documents and Peer Review for the Proposed Delfina at Devonshire Commercial and Multi -Family Residential Project, Located at the Northwest Corner of Sanderson and Devonshire Avenues, for a Not-To-Exceed Contract Amount of $56,260 to be Paid for by the Developer, Amco Fuels, LLC; An d a CEQA Document Preparation and Deposit Agreement Between the City, Lilburn and Amco Fuels, LLC for the associated development application.

Since then, the Lilburn Corporation has been working diligently on the scope of services assigned.

ANALYSIS:

Request for Contract Augmentation

15.C

The Lilburn Corporation submitted a funding augmentation request for $5,280 to revise the Traffic Impact Analysis for the project. The reason for this request is based on City comments received regarding access restricti ons on both Sanderson Avenue and Devonshire Avenue identified in the zoning document that resulted in the need for out-of-scope work to be completed.

• The commercial corner trip distribution will be provided to City staff for approval prior to revising the traffic analysis.
• Project trip distribution and volume assignment will be revised. • Traffic volume forecasts will be revised for all, with project scenarios. • Level of Service analysis will be revised for all, with project scenarios. • Queueing analysis will be revised for project scenarios.

Amendment Summary

1. On June 5, 2023, a First Amendment provided an extension to the term of the agreement through June 30, 2024.

2. Proposed Second Amendment to the Agreement between the City and Lilburn Corporat ion ("Consultant") as follows:

• This Second Amendment amends Section 4(a) to provide that the total Not to Exceed amount is Sixty-One Thousand Five Hundred and Forty Dollars ($61,540.00). • This Second Amendment amends Exhibit “A” to include a revision to traffic analysis.

3. Proposed First Amendment to the Tri -Party Agreement between the City, Lilburn Corporation ("Consultant") and AMCO, LLC ("Applicant") as follows:

• This First Amendment amends Section 1.2 to provide that the consultant charges a total of Sixty- One Thousand Five Hundred and Forty Dollars ($61,540.00). Applicant shall deposit the invoiced amount to City within ten (10) business days after receipt of such invoice. • This First Amendment amends Exhibit “B” to include a revision to the traffic analysis.

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:

A. Enhance the visual appearance of the community to make it attractive and reduce blight. To manage the city’s growth by establishing a housing program, while protecting and preserving the environment and maximizing the use of public infrastructure by concentrating housing and development where public facilities and infrastructure are available.

B. Increase Public Safety Visibility and Response

FISCAL IMPACT:

15.C

The fee collected for the amendment to the CEQA contract is a pass -through fee that will be paid for by the applicant. Therefore, there is no fiscal impact.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1 Proposed Resolution- CEQA Services for Delfina Contract Amendment Attachment 2 Lilburn Corporation - CEQA services for Delfina - Tri-Party - First Amendment Attachment 3 Lilburn Corporation - CEQA services for Delfina - Second Amendment Attachment 4 Request for Contract Amendment - Lilburn Corporation

15.C

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 THE SECOND

AMENDMENT TO THE AGREEMENT FOR SERVICES

BETWEEN THE CITY OF HEMET AND LILBURN

CORPORATION, AND APPROVING THE FIRST

AMENDMENT THE CEQA DOCUMENT PREPARATION

AND DEPOSIT CONTRACT (TRI-PARTY) AGREEMENT

BETWEEN THE CITY, THE LILBURN CORPORATION

AND AMCO FUELS, LLC FOR THE PREPARATION OF

AN CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) DOCUMENT AND PEER REVIEW FOR

PROPOSED DELFINA AT DEVONSHIRE PROJECT

LOCATED AT THE NORTHWEST CORNER OF

SANDERSON AVENUE AND DEVONSHIRE, FOR A NOT
TO-EXCEED CONTRACT AMOUNT OF $61,450 TO BE
PAID FOR BY AMCO FUELS, LLC.

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

WHEREAS, On July 12, 2022 an Agreement for Services between the City of Hemet and Lilburn Corporation, for the Preparation of a California Environmental Quality Act (CEQA) Documents and Peer Review for the Proposed Delfina at Devonshire Commercial and Multi-Family Residential Project, Located at the Northwest Corner of Sanderson and Devonshire Avenues. Section 4(a) of the original Agreement [Compensation and Method of Payment] and Exhibit “B” [Compensation] provided that the total not to exceed fifty-six thousand two hundred and sixty dollars ($56,260.00).

15.C

CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, on June 5, 2023 the First Amendment amended Section 1 of the Agreement to provide that the Term of the Agreement was extended through June 30, 2024.

WHEREAS, On August 11, 2023 a change order was requested by Lilburn Corporation for additional work necessitated by this application involving the revision of the traffic analysis.

WHEREAS, the proposed Second Amendment to the Agreement between the City and Lilburn Corporation ("Consultant") amends Section 4(a) to provide that the total Not to Exceed amount is Sixty-One Thousand Five Hundred and Forty Dollars ($61,540.00) and Exhibit “A” to include a revision to traffic analysis.

WHEREAS, the proposed First Amendment to the Tri-Party Agreement between the City, Lilburn Corporation ("Consultant") and AMCO, LLC ("Applicant") amends Section 1.2 to provide that the consultant charges total Sixty-One Thousand Five Hundred and Forty Dollars ($61,540.00) and Exhibit “B” to include a revision to the traffic analysis.

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

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

15.C

CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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SECTION 2. City Council Actions.
a) The City Manager, or his designee, is authorized and directed to utilize the funds allocated in the Community Development (Planning Division) CEQA contract budget.
b) The City Manager, or his designee, is authorized and directed to execute the Second Amendment to the Agreement for Services between the City of Hemet and Lilburn Corporation, with the contract pricing for the amended agreement to a not to exceed total of sixty one thousand five hundred forty ($61,540.00) and authorizing the City Manager to execute the First Amendment to the Tri-Party Agreement with the Lilburn Corporation and Amco Fuels, LLC (“Applicant”).
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 two hundred thousand dollars $61,450) in aggregate, 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 October 10, 2023.

15.C

CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this 10th Day of October, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.C

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 10th day of October, 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

15.C

00091753.1

FIRST AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
LILBURN CORPORATION (“CONSULTANT”)

A CALIFORNIA CORPORATION
AND
AMCO, LLC (“APPLICANT”)
DATED: AUGUST 21, 2023

15.C

00091753.1 Page | 1

FIRST AMENDMENT TO AGREEMENT
This First Amendment to the CEQA Document Preparation and Deposit Contract for CEQA Consulting Services is made and entered into as of this 21st day of August, 2023, by and between the City of Hemet (“City”), a California municipal corporation, (“City”), AMCO, LLC., (“Applicant”), and Lilburn Corporation, a California corporation (“Consultant”). City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City, Applicant, and Consultant, entered into an agreement entitled “CEQA Documentation Preparation and Deposit Contract” dated July 19, 2022, (“Agreement”) for the purpose of retaining services of Contractor to provide CEQA Consulting Services.

B. Pursuant to Section 5.3 of the Agreement, the Parties now desire to amend the Agreement to revise the scope of work and increase the total consultant charges amount.

C. Section 1.2 Consultants Charges of the Agreement provides that estimated charges for services and reimbursable expenses for preparation and completion of the CEQA Document are Fifty-Six Thousand Two Hundred and Sixty Dollars ($56,260.00).

D. This First Amendment amends Section 1.2 to provide that the consultant charges total Sixty-One Thousand Five Hundred and Forty Dollars ($61,540.00). Applicant shall deposit the invoiced amount with City within ten (10) business days after receipt of such invoice.

E. This First Amendment amends Exhibit “B” to include a revision to the traffic analysis.

F. All other terms and conditions of the Agreement not inconsistent with this First Amendment shall remain in full force and effect.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1.AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [APPLICANT OBLIGATIONS]. Article 1.2 of the Agreement is hereby amended as follows:

Consultant Charges. Consultant’s estimated charges for services and reimbursable expenses for preparation and completion of the CEQA Document, pursuant to that

15.C

00091753.1 Page | 2
Consultant Services Agreement between Consultant and City, are Sixty-One Thousand Five Hundred and Forty Dollars ($61,540.00).

1.2 [SCOPE OF SERVICES]. Exhibit “A” of the Agreement is hereby amended as follows:

SERVICES TO BE PROVIDED
a. Prepare an Initial Study (IS)/Mitigated Negative Declaration (MND) and conduct a third-party peer review of technical studies prepared in behalf of the applicant AMCO, LLC.
b. Review the project per City’s Climate Action Plan.
c. Prepare transmittal notices pursuant to SB 18 and AB 52 requirements, respond to comments from affected tribes, and conduct consultation meetings, as necessary. d. Prepare a notice of Intent to Adopt a MND
e. Perform all required CEQA postings and noticing.
f. Attend at least two public hearings. Provide staff support during public meetings as needed, including responding to Planning Commission inquiries regarding the technical analysis in the IS.
g. Attend meetings with Planning staff, as necessary.
h. Prepare the Notice of Determination.

TECHNICAL STUDIES REVIEW AND PREPARE
a. The following studies have been prepared by the applicant’s consultant. These studies shall be peer reviewed and utilized in the CEQA document review. i. Air Quality
ii. Biological Habitat Assessment and Western Riverside County MSHCP Consistency Analysis
iii. Greenhouse Gas Emissions
iv. Phase I Environmental Assessment Report (ESA)
v. Preliminary Drainage Study
vi. Preliminary Water Quality Management Plan (WQMP)
vii. Noise
viii. Geotechnical Report
b. The following studies have not been prepared by the applicant’s consultant and shall be prepared by the consultant or their sub-consultant as necessary and shall be utilized in the CEQA document for preparation. i. Cultural & Paleontology
ii. Traffic Study

PROJECT DELIVERABLES
a. All CEQA public notices required in MSWord
b. Three (3) printed and bound copies and one (1) electronic copy of the Administrative Draft IS/MND.
c. Three (3) printed and bound copies and one (1) electronic copy of the Final Draft

15.C

00091753.1 Page | 3
IS/MND and all appendices.

TRAFFIC ANALYSIS REVISION
Lilburn Corporation’s subconsultant Ganddini Group is to revise the Traffic Impact Analysis for the subject project based on City comments received. Comments regarding access restriction will result in the need for out-of-scope work to be completed.

As specified by the City, the Traffic Impact Analysis will be revised based on the comment regarding restricted access; the proposed commercial corner will have inbound right turn only at Sanderson Avenue with inbound and outbound right turn access at Devonshire Avenue.
• The commercial corner trip distribution will be provided to City staff for approval prior to revising the traffic analysis.
• Project trip distribution and volume assignment will be revised. • Traffic volume forecasts will be revised for all with project scenarios. • Level of Service analysis will be revised for all with project scenarios. • Queueing analysis will be revised for project scenarios.

2.MANDATORY INVOICE INFORMATION/NOTICES.

Contractor shall notify the City in writing whenever it has reason to believe that the costs the Contractor 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 Not to Exceed Amount specified herein. As part of the notification, the Contractor shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Contractor shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

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00091753.1 Page | 4

3.REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4.INTEGRATION. This Amendment consists of pages 1 through 6, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5.SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Contractor.

7.APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

8.REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]

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00091753.1 Page | 5
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
“APPLICANT”

AMCO, LLC
By:

Its:

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00091753.1 Page | 6
“CONSULTANT”
Lilburn Corporation
By:

Its:

15.C

00091753.1

SECOND AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

LILBURN CORPORATION

A CALIFORNIA CORPORATION
DATED: AUGUST 21, 2023

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00091753.1 Page | 1

SECOND AMENDMENT TO AGREEMENT
This Second Amendment to the Professional Services Agreement for CEQA Consulting Services is made and entered into as of this 21st day of August, 2023, by and between the City of Hemet (“City”), a California municipal corporation and Lilburn Corporation, a California corporation (“Contractor”). City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Contractor entered into an agreement entitled “Professional Services Agreement” dated July 12, 2022, (“Agreement”) for the purpose of retaining services of Contractor to provide CEQA Consulting Services.

B. On June 5, 2023, the First Amendment amended Section 1 of the Agreement to provide that the Term of the Agreement was extended through June 30, 2024.

C. Pursuant to Section 28 of the Agreement, the Parties now desire to amend the Agreement to revise the scope of work and increase the total not to exceed amount.

D. Section 4(a) of the Agreement provides that the total Not to Exceed amount is Fifty-Six Thousand Two Hundred and Sixty Dollars ($56,260.00).

E. This Second Amendment amends Section 4(a) to provide that the total Not to Exceed amount is Sixty-One Thousand Five Hundred and Forty Dollars ($61,540.00).

F. This Second Amendment amends Exhibit “A” to include a revision to traffic analysis.

G. All other terms and conditions of the Agreement not inconsistent with this Second Amendment shall remain in full force and effect.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1.AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [COMPENSATION AND METHOD OF PAYMENT]. Section 4(a) of the Agreement is hereby amended as follows:

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation and made a part of this Agreement by the reference. The total compensation, including reimbursement for actual expenses, shall

15.C

00091753.1 Page | 2
not exceed Sixty-One Thousand Five Hundred and Forty Dollars ($61,540.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” of Section 28 “Amendment” of this Agreement.

1.2 [SCOPE OF SERVICES]. Exhibit “A” of the Agreement is hereby amended as follows:

SERVICES TO BE PROVIDED
a. Prepare an Initial Study (IS)/Mitigated Negative Declaration (MND) and conduct a third-party peer review of technical studies prepared in behalf of the applicant AMCO, LLC.
b. Review the project per City’s Climate Action Plan.
c. Prepare transmittal notices pursuant to SB 18 and AB 52 requirements, responding to comments from affected tribes, and conducting consultation meetings, as necessary. d. Prepare a notice of Intent to Adopt a MND
e. Perform all required CEQA postings and noticing.
f. Attend at least two public hearings. Provide staff support during public meetings as needed, including responding to Planning Commission inquiries regarding the technical analysis in the IS.
g. Attend meetings with Planning staff as necessary.
h. Prepare the Notice of Determination.

TECHNICAL STUDIES REVIEW AND PREPARE
a. The following studies have been prepared by the applicant’s consultant. These studies shall be peer reviewed and utilized in the CEQA document review. i. Air Quality
ii. Biological Habitat Assessment and Western Riverside County MSHCP Consistency Analysis
iii. Greenhouse Gas Emissions
iv. Phase I Environmental Assessment Report (ESA)
v. Preliminary Drainage Study
vi. Preliminary Water Quality Management Plan (WQMP)
vii. Noise
viii. Geotechnical Report
b. The following studies have not been prepared by the applicant’s consultant and shall be prepared by the consultant or their sub-consultant as necessary and shall be utilized in the CEQA document for preparation. i. Cultural & Paleontology
ii. Traffic Study

PROJECT DELIVERABLES
a. All CEQA public notices required in MSWord
b. Three (3) printed and bound copies and one (1) electronic copy of the Administrative

15.C

00091753.1 Page | 3
Draft IS/MND.
c. Three (3) printed and bound copies and one (1) electronic copy of the Final Draft IS/MND and all appendices.

TRAFFIC ANALYSIS REVISION
Lilburn Corporation’s subconsultant Ganddini Group is to revise the Traffic Impact Analysis for the subject project based on City comments received. Comments regarding access restriction will result in the need for out-of-scope work to be completed.

As specified by the City, the Traffic Impact Analysis will be revised based on the comment regarding restricted access; the proposed commercial corner will have inbound right turn only at Sanderson Avenue with inbound and outbound right turn access at Devonshire Avenue.
• The commercial corner trip distribution will be provided to City staff for approval prior to revising the traffic analysis.
• Project trip distribution and volume assignment will be revised. • Traffic volume forecasts will be revised for all with project scenarios. • Level of Service analysis will be revised for all with project scenarios. • Queueing analysis will be revised for project scenarios.

2.MANDATORY INVOICE INFORMATION/NOTICES.

Contractor shall notify the City in writing whenever it has reason to believe that the costs the Contractor 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 Not to Exceed Amount specified herein. As part of the notification, the Contractor shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Contractor shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

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00091753.1 Page | 4

3.REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4.INTEGRATION. This Amendment consists of pages 1 through 5, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5.SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Contractor.

7.APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

8.REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]

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00091753.1 Page | 5
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONTRACTOR
By:

Its:

15.C

1905 Business Center Drive ● San Bernardino ● CA 92408 ● 909-890-1818 ● Fax 909-890-1809

August 11, 2023

Ms. Monique Alaniz-Flejter, AICP
Principal Planner
City of Hemet
445 E. Florida Avenue
Hemet, CA 92543

SUBJECT: Request for Contract Amendment to Revise Traffic Analysis for Delfina at Devonshire, Hemet CA

Dear Monique:

This Change Order request has been updated from the initial request provided on July 26, 2023 and includes clarification as requested by the City. This Change Order would allow Lilburn Corporation’s subconsultant Ganddini Group to revise the Traffic Impact Analysis for the subject project based on City comments received. Comments regarding access restriction will result in the need for out-of-scope work to be completed.

As specified by the City, the Traffic Impact Analysis will be revised based on the comment regarding restricted access; the proposed commercial corner will have inbound right turn only at Sanderson Avenue with inbound and outbound right turn access at Devonshire Avenue.

• The commercial corner trip distribution will b e provided to City staff for approval prior to revising the traffic analysis.
• Project trip distribution and volume assignment will be revised. • Traffic volume forecasts will be revised for all with project scenarios. • Level of Service analysis will be revised for all with project scenarios. • Queueing analysis will be revised for project scenarios.

Our cost to complete the additional work i s Five Thousand T wo Hundred Eighty Dollars ($5,280.00).

On June 5, 2023, the First Amendment to our agreement was approved extending the term of the Agreement. This request is therefore for a Second Amendment to the Agreement.

Sincerely,

Cheryl A. Tubbs
Vice President

15.C

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 10 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, Authorizing the Extension of the Service Fee Collected on Behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 2034

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet authorizing the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service until May 2034.

BACKGROUND:

The Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9950.7 and 22710 enacted by the Legislature in 1990, which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county. Beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees col lected on its behalf by the California Department of Motor Vehicles. T he service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal, and disposal of public nuisances. These include any abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof.

ANALYSIS:

The Riverside County Abandoned Vehicle Abatement Service Authority apportions an d distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710. Since the establishment of the Abandoned Vehicle Abatement program in June 1994, it has disbursed $22,952,216 in service fee proceeds to member agencies and caused the abatement of approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County. According to the current fee schedule within

15.D

the City of Hemet, in addition to towing service reimbursement, the City charges $138 for abandoned vehicle removal. Many of these cases include an officer inspection fee, which is charged at the rate of $156/hr. The service fee collected as part of the Abando ned Vehicle Abatement Service Authority program is set to expire in May 2024.

DISCUSSION:

The Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee. Staff recommends to the Council that the Abandoned Vehicle Abatement program continue beyond its current termination date of May 2024.

PREVIOUS COUNCIL ACTION:

Council previously approved the participation in the Abandoned Vehicle Abatement program in 2014.

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.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

Since its inception in 2014, the Abandoned Vehicle Abatement program has collected $476,515 in fees through account 120-0664 (the Community Development fund) for an average of $47,652 per year.

ATTACHMENT(S):

Attachment 1 - AVA Resolution

15.D

CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, AUTHORIZING THE EXTENSION OF THE

SERVICE FEE COLLECTED ON BEHALF OF THE

RIVERSIDE COUNTY ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9950.7 and 22710 enacted by the Legislature in 1990 which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county; and
WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles; and WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; and

15.D

CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710; and WHEREAS, since the establishment of the Abandoned Vehicle Abatement program in June 1994, it has disbursed $22,952,216 in service fee proceeds to member agencies and caused the abatement of approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County; and
WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement Service Authority program is set to expire in May 2024; and WHEREAS, the Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee; and
WHEREAS, it is desirable to the City of Hemet to have the Abandoned Vehicle Abatement program continue beyond its current termination date of May 2024.

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

The City Council of the City of Hemet, California approves the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 14, 2034.

15.D

CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 10th day of October, 2023 ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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 10 th day of October, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

15.D

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 10 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position of Public Safety Office Specialist Supervisor

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position of Public Safety Office Specialist Supervisor.

BACKGROUND:

The City of Hemet continuously evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community. As such, the City may need to make adjustments periodically to support these goa ls and to progress City services forward. As the City continues to grow and provide additional services, demand for these services will be met through the addition of new positions and through the revision of existing positions.

ANALYSIS:

Each Fiscal Year (FY), departments request new positions and revisions to existing positions based on a variety of factors, including staffing structure, funding, and project support. For FY 2023-24, the Police Department has requested a new classification of Public Saf ety Office Specialist Supervisor to better support non-sworn Police administrative support functions both internally and externally.

The City’s Police Department relies on non -sworn administrative support staff, ultimately contributing to the Police Department's mission to enhance the quality of life and public safety by supporting and enhancing departmental operations. The addition of the Public Safety Office Specialist Supervisor

15.E

position will allow for greater oversight, supervision, and enhanced span of control over non -sworn administrative support staff. This position will also contribute to greater operational efficiency while improving customer service to the community.

The proposed qualifications for the Public Safety Office Specialist Supervisor position are as follows:

• Education: Graduation from high school or equivalent. • Experience: Three (3) years of increasingly responsib le administrative experience in police records management. Lead or supervisory experience is preferred.

Based on a market -based salary survey of comparable positions, the proposed salary range for the Public Safety Office Specialist Supervisor position i s $5,392 - $6,881 monthly, equal to $64,704 - $82,572, annually.

Meyers the to Pursuant -Milias-conferred and met has staff City Act with Brown (MMBA), representatives from the Hemet Mid-Managers Association (HMMA). City representatives and HMMA representatives agreed upon the proposed position.

DISCUSSION:

The new position being recommended is a result of the City’s current state and the support network needed to enhance focus on development review and achievement of the Council’s Strategic Goals and Action Items. With the establishment of this position within the Department's structure, the City not only strengthens its internal structure but also its external structure in providing the community essential services in more streamlined and innovative ways.

PREVIOUS COUNCIL ACTION:

Council voted to approve the title and budget of this position with the FY 2023 -24 budget on June 27, 2023.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

Additional general fund appropriations are not requested for this item. Appropriations for this recommended position are already included in the FY 2023-24 adopted budget.

ALTERNATIVE(S):

Counci may choose to approve the proposed position addition. Alt ernatively, the Council may choose to further examine this proposed position addition.

15.E

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution for the Public Safety Office Specialist Supervisor Position Addition Attachment 2: Public Safety Office Specialist Supervisor Job Description

15.E

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

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

APPROVING AN AMENDMENT
TO THE CITY’S

CLASSIFICATION AND

COMPENSATION PLAN TO

INCLUDE THE NEW POSITION

OF PUBLIC SAFETY OFFICE

SPECIALIST SUPERVISOR
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 continually evaluates
staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community, and, as such, the City may need to make adjustments
periodically to support these goals and to progress City services forward; and
WHEREAS, each Fiscal Year (FY), departments
request new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support; and
WHEREAS, for FY 2023-24, the Police Department
has requested a Public Safety Office Specialist Supervisor

15.E

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 position which will better support, streamline, and improve functions within the non-sworn administrative operations of the Department and the City as a whole; and
WHEREAS, the proposed position addition is a result
of the City’s current state and the support network needed to continue to achieve City Council’s Strategic Goals; and WHEREAS, the City staff have met and conferred
with representatives from the Hemet Mid-Managers
Association (HMMA). City representatives and HMMA
representatives agreed upon the proposed position; and
WHEREAS, the proposed position is included in the
adopted FY 2023-24 budget; and
WHEREAS, City Council approves the amendment to
the City’s Classification and Compensation Plan to include the new position of Public Safety Office Specialist
Supervisor.

NOW, THEREFORE, THE CITY COUNCIL OF THE

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

SECTION 1.Approval of the new position of Public
Safety Office Specialist Supervisor with a salary range of $64,704 – $82,572 annually.

15.E

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 SECTION 2.The effective date of this new position
will be the date of approval of this Resolution, October 10, 2023.

PASSED, APPROVED AND ADOPTED this 10 th day
of October, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.E

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 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 8 th 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

15.E

CITY OF HEMET
Class Code: 5537 Date Adopted: 10/10/2023

PUBLIC SAFETY OFFICE SPECIALIST SUPERVISOR

Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION

Under general direction, plans, organizes, assigns, supervises, reviews and participates in the work of staff providing technical and administrative support to Police Department services and programs; compiles and maintains police reports and records; responds to public requests for information; and performs related work as required.

DISTINGUISHING CHARACTERISTICS

This is the full supervisory-level class in the Public Safety Office Specialist series that exercises independent judgment on diverse and specialized police records management activities with accountability and ongoing decision-making responsibilities associated with the work. Incumbents are responsible for planning, organizing, supervising, reviewing, and evaluating the work of staff and for providing technic al support to management in a variety of areas. Performance of the work requires the use of independence, initiative, and discretion within established guidelines.

ESSENTIAL FUNCTIONS

Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills and other characteristics:

Plans, organizes, assigns, supervises, reviews and participates in the work of staff providing technical and administrative support to Police Department services and programs; trains staff in work procedures; evaluates employee performance, counsels employees, and effectively recommends initial disciplinary action; assists in selection and promotion; reviews and approves payroll for assigned staff.

Prepares and processes a variety of reports and records and following established formats, distributes to the proper individual or agency, files reports, and maintains automated or manual logs of departmental actions.

Assists in the preparation and administration of the budget related to records functions; analyzes and recommends records equipment.

Establishes departmental record keeping systems in accordance with legal requirements, departmental policy and accepted standards; monitor program compliance with laws, rules and regulations related to provision of police records processing and related services; ensure that confidentiality is maintained regarding police records in accordance with current statutes and court decisions.

Demonstrates a full understanding of applicable policies, procedures, and work methods associated with assigned duties, especially as related to the collecting, maintaining, sealing, and releasing of information, files, and documents

Maintains accurate departmental and law enforcement records and files in all department areas; researches and compiles information from such files.

Compiles, generates and submits reports and statistics on assigned functional area to supervisors and

15.E

Class Code: 5537 Public Safety Office Specialist Supervisor

management.

Ensures staff observe and comply with all City and mandated safety rules, regulations, and protocols.

Other duties as assigned.

KNOWLEDGE, SKILLS, AND ABILITIES

Knowledge of:

Law enforcement terminology and procedures. Records management processes and procedures. Principles and practices of data entry and word processing. Principles and practices of employee supervision including work planning, assignment, review and evaluation, discipline, and training. Functions and duties of local, State and Federal law enforcement agencies. Operational characteristics of standard office equipment, including computers and applicable software. Methods and techniques of basic report preparation. Methods and techniques for record keeping. Proper English, written, spelling and grammar.

Ability to:

Learn, interpret and apply applicable laws, codes, regulations, policies and procedures. Follow strict procedures regarding the release of property and records. Operate standard law enforcement information computers. Communicate effectively both orally and in writing. Perform complex duties in the maintenance of the property and evidence function. Type at a speed necessary for successful job performance. Enter and retrieve confidential and complex computer data. Prepare reports, analyses and summaries. Work independently. Establish and maintain effective working relationships. Operate standard office equipment, including personal computer.

MINIMUM QUALIFICATIONS

Education: Graduation from high school or equivalent.

Experience: Three (3) years increasingly responsible administrative experience in police records management. Lead or supervisory experience is preferred.

CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS

License: Possession of, or ability to obtain, a valid and appropriate California driver’s license and a satisfactory driving record. Possession of P.O.S.T. Records Supervisor certificate is desirable.

15.E

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 10 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution Relating to Salary Ranges and Benefits for the Management/Confidential Group, Establishing Policy with Respect to the Requirements, Responsibilities, and Conditions of Employment of the Management/Confidential Group of the City of Hemet, Repealing Resolution No. 2022-102

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution Relating to Salary Ranges and Benefits for the Management/Confidential Group, Establishing Policy with Respect to the Requirements, Responsibilities, and Conditions of Employment of the Management/Confidential Group of the City of Hemet, Repealing Resolution No. 2022-102.

BACKGROUND:

In an effort to remain proactive and up-to-date, the former Confidential Personnel group and resolution was renamed to the Management/Confidential Group in 2022 to more accurately reflect the positions included under this resolution. The addition of “management” to the title allows for more inclusivity and flexibility in determining the placement of eligible positions within the group.

As defined by the resolution, Management/Confidential employees are those who are under the direction of the City Manager to promote the goals and objectives of the City Council. Lastly, for positions which do not fall under a “confidential” designation, but also may not appropriately be classified as a represented position, those positions would be designated as Management/Confidential to clearly define the salary and benefits of the position.

ANALYSIS:

The following revisions are recommended to the Management/Confidential Resolution to help clarify and update language within the Resolution:

15.F

1. Added the following Classification Titles:
a. Communications and Events Coordinator
b. Economic Development Analyst
c. Economic Development Manager
d. Program Coordinator

2. Removed outdated language related to salary increases.

3. Removed outdated COVID-19 Essential Worker Premium Pay language.

4. Added new Employee Referral Bonus Program language as follows:

1. Referral Bonus for Referrals of Lateral Police Officers and Lateral Public Safety Dispatchers. a. The City wishes to attract experienced job applicants for the positions of Lateral Police Officers and Lateral Public Safety Dispatchers.
b. j a employee Management/Confidential The recommends the for ob applicant classification of Lateral Police Officer or Lateral Public Safety Dispatchers to the City on or after the effective date of this resolution.
c. The recommended applicant actually applies for and is hired into the classification of Lateral Police Officer or Lateral Public Safety Dispatcher. d. The recommended applicant lists the name of the Management/Confidential member who made the recommendation on the applicant’s City job application. e. The recommended applicant completes the applicable training program for the applicant’s position (Field Training Program for Lateral Police Officers and Communications Training Officer Program for Lateral Public Safety Dispatchers.
f. The Management/Confidential employee and the recommended applicant must remain, employees met the for order in are until other City, the of requirements Management/Confidential employee to be eligible to receive the referral bonus. g. The referral bonus shall be $2,500 (two thousand five hundred dollars) and shall become payable on the first pay period after all of the above requirements have been met. h. Payments will be subject to all regular deductions, including state and federal tax withholdings, and as required by law.

All other requirements, responsibilities, and conditions of employment shall remain unchanged under this Resolution. Additionally, minor clerical/grammatical items have been corrected.

DISCUSSION:

The main focus of the proposed revisions to the Management/Confidential Resolution is to add the new Employee Referral Bonus for Lateral Police Officers and Lateral Public Safety Dispatchers language.

The proposed Employee Referral Bonus is identical to th e incentive recently extended to members of Hemet Police Officers Association (HPOA) and Hemet Non -Sworn Police Employees Association (HNSPEA). The terms and conditions of the Referral Bonus are now proposed to be offered to City Employees in other bargaining units. This incentive is aimed to increase recruitment efforts in order to fill critical Police Officer and Public Safety Dispatcher positions.

by covered are employment and conditions responsibilities, Requirements, the of Management/Confidential Resolution and are not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA).

PREVIOUS COUNCIL ACTION:

The City Council previously approved the current Management/Confidential Resolution on June 28, 2023. The Council previously approved an Employee Referral Bonus for HPOA and HNSPEA members

15.F

on September 12, 2023. The proposed Employee Referral Bonus, if approved, will also apply to employees in the Management/Confidential group.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

Appropriations for the Employee Referral Bonus have been previously established and approved at the September 12, 2023 Council Meeting. No additional appropriations are required to address the remaining revisions and updates to the Resolution.

ALTERNATIVE(S):

Council can vote to approve this item, not approve this item, or direct the CIty Manager to research an alternative solution.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1_ A Resolution Management-Confidential Group Working Conditions

15.F

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

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

RELTING TO SALARY

RANGES AND BENEFITS FOR
THE

MANAGEMENT/CONFIDENTIAL

GROUP ESTABLISHING

POLICY WITH RESPECT TO

THE REQUIREMENTS,

RESPONSIBILITIES,

DESIGNATION AND

EMPLOYMENT OF
“MANAGEMENT/CONFIDENTIA
L GROUP” OF THE CITY OF

HEMET AND REPEALING
RESOLUTION NO. 2022-102
The City Council of the City of Hemet, California
(hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, in the organizational structure of any
organization involving the chain of responsibility and
authority, it is desirable to establish and define the limits of the Management/Confidential Group; and
WHEREAS, it is agreeable and desirable to define the
Management/Confidential Group and the responsibilities of

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 such group as well as the benefits to be derived by the personnel designated as “Management/Confidential”; and
WHEREAS, this Resolution shall remain in effect until
superseded by a subsequent resolution concerning this
matter; and
WHEREAS, it is the intent of this Resolution to set
forth and clarify certain practices and procedures with regard to administration and nothing contained herein shall be deemed to supersede the City’s Merit Personnel System,
including personnel ordinances and resolutions, unless
otherwise specifically addressed herein; and
WHEREAS, the City desires to amend this Resolution
in order to periodically revise the language within to ensure that the requirements, responsibilities, and conditions of this Resolution remain clear and up-to-date.

NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF HEMET FINDS, DETERMINES, ORDERS AND
RESOLVES AS FOLLOWS: that the City Council of the City
of Hemet, California, affirms the terms and conditions for Management/Confidential employees attached hereto as
Exhibit A.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 PASSED, APPROVED AND ADOPTED this 10th day
of October, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.F

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

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 Exhibit A
Terms and Conditions for Management/Confidential
Employees
SECTION 1. Designated Classifications.

The following positions are designated as classifications subject to the conditions set forth in this Resolution.

Management/Confidential Positions
• Accounting Manager
• Accounting Supervisor
• Assistant to the City Manager
• Communications and Events Coordinator
• Deputy City Clerk*
• Economic Development Analyst
• Economic Development Manager
• Executive Analyst in the City Mgr. Office
• Executive Assistant in the City Mgr. Office*
• Human Resources Analyst
• Human Resources Manager
• Human Resources Coordinator*
• Human Resources Technician*
• Management Analyst

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 • Payroll/Human Resources Specialist*
• Payroll Technician*
• Police Personnel & Training Coordinator*
• Principal Accountant
• Program Coordinator*
• Sr. Human Resources Technician*
Note: Employees with an asterisk (*) are not exempt
and are entitled to overtime.

SECTION 2. Periodic Review of Management Resolution.

The City Council reserves the right and discretion to review and amend this Resolution as it deems necessary.

SECTION 3. Repeal of Resolution
Resolution No. 2022-102 is hereby repealed.

SECTION 4. Purpose.

The purposes of establishing a Management/Confidential
Group are as follows:

A. To create a Group under the direction of the City
Manager to promote the goals and objectives of the
City Council.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 B. To establish a system of compensation for
Management/Confidential personnel with competitive
salary and benefit levels in the labor market.

C.To distinguish Management/Confidential positions
and responsibility
from classified employees.

D.To promote harmony through identification of a
Management/Confidential group with common goals
and responsibilities.

E. To offer the highest possible caliber of public
servants.

F. To maintain an appropriate separation between the
administration and political body of the City.

G.To promote harmony and confidentiality in bargaining
with labor groups.

SECTION 5. Participative Team Concept.

A. Open communication among
Management/Confidential personnel members.

B. Responsibility to participate in the ongoing decision- making process.

C.Employees shall have a responsibility to promote a
harmonious approach to problem solving and

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 implementation of City Council goals and share in the responsibility of the decision-making process.

D.Employees are expected to fulfill their responsibilities in administrative decisions and assignments and to
respond to emergency situations.

E. Employees are expected to devote as much time as is
necessary to perform their particular duties
regardless of emergencies, work stoppage, or the
normal work demands of the City.

SECTION 6. Philosophy of Compensation.

The City of Hemet recognizes that it competes in a
marketplace to obtain qualified personnel to perform and provide municipal services. It further recognizes that
compensation and conditions of employment must be
sufficiently attractive to draw and retain qualified employees.

Therefore, the City will compensate its
Management/Confidential group employees with wages and
benefits competitive within the labor market and
commensurate with satisfactory performance of the
employee.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 SECTION 7. Salary Increases, Salary Ranges, and
Merit/Performance Reviews.

A.Salary Ranges.

1. Each budgeted job classification covered by this
Resolution shall have a salary range as approved
by the City Council in the annual operating budget.

2. Each such classification salary range shall have
seven (7) steps consisting of five percent (5%)
increments, unless otherwise specified.

B.Referral Bonus for Referrals of Lateral Police
Officers and Lateral Public Safety Dispatchers.

1. The City wishes to attract experienced job
applicants for the positions of Lateral Police
Officers and Lateral Public Safety Dispatchers.
(a) The Management/Confidential employee
recommends a job applicant for the
classification of Lateral Police Officer or
Lateral Public Safety Dispatchers to the
City on or after the effective date of this
resolution.
(b) The recommended applicant actually
applies for, and is hired into the

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 classification of Lateral Police Officer or
Lateral Public Safety Dispatcher.
(c) The recommended applicant lists the name
of the Management/Confidential member
who made the recommendation on the
applicant’s City job application.
(d) The recommended applicant completes the
applicable training program for the
applicant’s position (Field Training Program
for Lateral Police Officers and
Communications Training Officer Program
for Lateral Public Safety Dispatchers.
(e) The Management/Confidential employee
and the recommended applicant must
remain employees of the City until other
requirements are met, in order for the
Management/Confidential employee to be
eligible to receive the referral bonus.
(f) The referral bonus shall be $2,500 (two
thousand, five hundred dollars) and shall
become payable on the first pay period
after all of the above requirements have
been met.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 (g) Payments will be subject to all regular
deductions, including state and federal tax
withholdings, and as required by law.

C.Longevity.

1. Effective the second full pay period after City
Council approval of this MOU, all unit members
with fifteen (15) years of City service shall be paid
a stipend of $150 per month.

2. Effective the second full pay period after City
Council approval of this MOU, all unit members
with twenty (20) years of City service shall be paid
an additional stipend of $150 per month.

D.Merit/Performance Review.

1. Upon hire, the employee shall be paid a salary for
six (6) months from the date of hire, based upon
the established range for that position. At the end
of the six (6) months the employee may become
eligible for a merit increase. Thereafter, all future
merit increases shall occur twelve (12) months
from the date of the first merit increase.

2. The City Manager, upon recommendation of the
Department/Division Head, shall have the
authority to advance an individual within a range a

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 maximum of five percent (5%) for merit purposes.

This advancement may occur at the end of the
initial six (6) months after the date of hire, or
anytime thereafter.

3. Salary appointment should be made at the first
step of the salary range for the particular
classification in which the appointment is made.

The City Manager, upon recommendation of the
Department/Division Head, shall have the
authority to appoint to a higher step of the salary
range if recruitment circumstances warrant.

4. Advancement within a salary range shall be
authorized only after the affirmative action of the
City Manager. Such action shall be based only on
satisfactory job performance.

5. All performance evaluations shall be confidential.

6. As directed by the City Manager, sufficient
instruction will be made available to pertinent
personnel on the subject of performance
evaluation.

SECTION 8. Management/Confidential Personnel
Compensation Review Procedures.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 A.Policy Concerning Compensation Review
Procedures. Compensation and increases thereof, if
any, are a matter within the sole discretion of the City Council. The City Council, in keeping with its purpose
and philosophy as stated in Sections 4 and 6, to
provide competitive salaries to meritorious
employees, hereby establishes the following
procedures. The City Council reserves the right to
amend these procedures from time to time as may
be necessary to accomplish the purposes set forth
herein.

B.Compensation. As established in Hemet Municipal
Code, Chapter 54, the City Manager is responsible
for administering the City's personnel system. He/she
is further responsible for evaluating its personnel to
assure competency in all positions, except his/her
own and that of the City Attorney. It is, therefore, the responsibility of the City Manager to administer the
system set forth hereinabove in Subsection 7.B in a
manner consistent with this objective.

C.Overtime.

1. The City Manager has determined that some
employees in positions subject to this Resolution

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 are exempt for purposes of state and federal wage
and hour laws and are not entitled to overtime
compensation. Benefits and salary are considered
adequate compensation for overtime demands
placed on these individuals.

2. Non-Exempt Employees and Compensatory Time.
(a) Employees identified with an asterisk (*) in
the list of classifications for this Resolution
are not exempt for purposes of state and
federal wage and hour laws regarding
overtime compensation and will be entitled
to overtime pay at the rate of one and one-
half (1 ½) his/her regular hourly rate of pay
for each hour worked in excess of forty (40)
hours in any one workweek.
(b) Compensatory Time (CT)
(i) Employees eligible for overtime may
elect to convert earned overtime to CT
at the rate of one and one-half (1 ½)
hours for each hour actually worked. CT
may be accrued up to eighty (80) hours.

An employee who has accrued eighty
(80) hours of compensatory time may

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 not elect to convert overtime to
compensatory time and will be
compensated for one and one-half (1 ½
) hours for each additional hour of
overtime actually worked.
(ii) An employee who has requested the
use of earned CT shall be permitted to
use such time within a reasonable
period after making the request if the
use of the CT does not unduly disrupt
the operations of the department.
(iii) An employee at any time may request
and receive compensation for any CT.

Such compensation shall be paid at the
regular rate earned by the employee at
the time the employee receives such
payment.

D.Disaster/Emergency Response. Employees not
eligible for overtime will receive compensation for
time worked outside their regularly-scheduled duty,
paid at the rate of one and one-half (1 ½ ) times their hourly rate, for services rendered for participating in a disaster/ emergency response, requested by the

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 Office of Emergency Services and assigned by the
City Manager, outside the city limits. State or federal reimbursement for these services will revert to the
City.

SECTION 9. Management/Confidential Personnel
Benefits.

A.Part-time Benefits. Part-time employees, who work
less than half-time, shall not receive any
Management/Confidential personnel benefits. Part-
time employees, who work at least half-time, shall
receive Management/Confidential personnel benefits
as follows:

1. The following Management/Confidential personnel
benefits are provided on the same basis as is
given to a full-time employee:
(a) Retirement;
(b) Leave of Absence Without Pay;
(c) Non-Occupational Disability Leave;
(d) Professional Organizations;
(e) Grievance and Disciplinary Appeals
Procedure;
(f) Deferred Compensation; and
(g) Optional Work Schedule.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 2. The following Management/Confidential personnel
benefits are prorated on the basis of the
percentage of hours that the employee works
compared to a full-time employee:
(a) Personal Time Off;
(b) Sick Leave;
(c) Health Insurance. The City will pay the
prorated percentage of the cost of the
medical plan selected by the employee.

The City will pay the prorated percentage of
the cost of the City's self-funded dental and
vision plans;
(d) One time, Lump Sum, Non-Recurring, Non-
Pensionable Payments;
(e) Jury Duty;
(f) Holiday Policy;
(g) Retiree Health Insurance Benefits, pursuant
to the Retiree Health Policy;
(h) Bereavement Leave.

3. The following Management/Confidential personnel
benefits are provided as indicated under the
specific benefit:
(a) Medical Examination.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 4. The following Management/Confidential personnel
benefits are not provided to any part-time
employee:
(a) Administrative Leave;
(b) Disability Insurance;
(c) Life Insurance;
(d) City Vehicles;
(e) Educational Reimbursement.

B.Deferred Compensation.

1. The City will provide a City-paid deferred
compensation program which shall be included as
"salary" in any compensation review as set forth
hereinabove in Section 8. The rate for City-paid
deferred compensation for all employees is set at
2% of monthly salary.

2. The City will match dollar for dollar into the
employee deferred compensation plan through a
deferred compensation company selected by the
City, up to a maximum of one hundred fifty dollars
($150.00) per month.

C.Medical Examination. The City will reimburse all
Management/Confidential personnel for a medical
examination by the physician of their choice which

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 could include EKG, X-rays, and any such other tests
that the employee might elect to have. The
reimbursement amount for direct costs incurred shall
not exceed $250 per calendar year ($125 for part-
time). Subject to review for eligibility.

D.Personal Time Off. The City shall administer a
Personal Time Off (PTO) program which will provide
for vacations, family sick leave, and management
leave. The PTO program combines earned vacation,
management/supervisory leave, and a portion of sick
leave benefits.

1. Management/Confidential Personnel employees
will accrue Personal Time Off according to the
following tables:

Exempt Employees
Length of
Service
Vacation
Hours
Management/
Supervisory
Leave (Hours)
Sick
Leave
Hours
Total Personal Time
Off (Hours)
1-12 years 160 40 48 248
12+ years 168 40 48 256
All hour totals are calculated based on 8 hour days.

Overtime Eligible Employees

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 Length of Service Vacation
Hours
Sick Leave
Hours
Total Personal
Time Off
1-3 years 96 48 144
4- 6 years 120 48 168
7-9 years 144 48 192
10-12 years 160 48 208
12+ years 168 48 216
All hour totals are calculated based on 8 hour days.

2. Guidelines for Use of Personal Time Off:
(a) Accumulation of Personal Time Off (PTO)
shall be limited to an amount equal to the
earnings for a twenty four (24) month period
at the employee's current PTO earning rate;
(b) PTO may be used as soon as indicated on
the employee's pay stub (but may not be
used in advance) and must be approved by
the employee's supervisor and/or
department head;
(c) In the event one or more holidays fall during
a period when an employee is on PTO, ten

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 (10) hours of such holiday shall not be
charged as PTO;
(d) PTO (and compensatory time) must be
exhausted before a leave of absence
without pay will be granted;
(e) When an employee is using PTO and
becomes ill or injured, he or she may use
sick leave when eligible;
(f) The policy of the City Council regarding
PTO sellback is that an employee:
(i) Can sell accumulated PTO not more
than once each quarter.
(ii) Must obtain approval of the City
Manager for the sellback.
(iii) May not sell more than one hundred
seventy six (176) hours per calendar
year.
(iv)Shall be prohibited from selling any PTO
if, during the past six (6) months, the
employee has received discipline in the
form of a suspension without pay, a
reduction in salary, or a demotion;

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 (g) Upon termination of employment, an
employee will be paid for the balance of
his/her PTO at the rate of one hundred
percent (100%) of current salary.
(h) Existing vacation leave balance of a City
employee promoted to an administrative
position will be transferred to PTO; accrual
of additional PTO will begin upon the
effective date of the promotion at the rate
indicated in Subsection 9.D.1.

E.Administrative Leave. Administrative leave must be
used by December 31 of each year, cannot be
carried forward to the following year, and cannot be
converted to cash compensation or PTO.

Administrative leave may be taken off, with
Department Head or City Manager approval as
appropriate, subject to the City and department
needs and scheduling. Administrative leave is
provided to employees as follows:

1. Employees designated by the City Manager will
receive up to six (6) days of administrative leave
per year for:

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 (a) Required attendance at most regularly
scheduled City Council meetings as
recommended by the Department Head to
the City Manager.
(b) Required attendance at most regularly
scheduled Planning Commission meetings
as recommended by the Department Head
to the City Manager.

2. Employees designated by the City Manager will
receive six (6) days of administrative leave per
year for required standby (on the scene within
thirty (30) minutes) on a regularly scheduled basis
directing the employee to maintain telephone or
radio contact with the City.

F.Sick Leave.

1. Sick leave shall be earned at the rate of eight (8)
hours per month and will have no accumulation
limitation.

2. Newly-hired Management/Confidential personnel
shall be given a credit of two hundred forty (240)
hours of sick leave to their Sick Leave account for
the first two and one-half (2½) years of service.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 Accrual of additional sick leave will commence at
the beginning of the 31st month of service.

3. Existing sick leave balance of a City employee
promoted to a Management/Confidential
personnel position will be transferred; accrual of
additional sick leave time will begin upon the
effective date of the promotion at the rate
indicated in Subsection 9.F.1.

4. Sick leave shall be used for illness or injury which causes the employee to be absent from his/her
duties.

5. Sick leave may be used for absences from duty
when the employee's presence is needed to
attend to the illness of a member of his/her family.

The use of sick leave under this subsection shall
be limited to one half (1/2) of annual potential
accrual, which is 48 hours for full-time employees.

6. Reasonable proof of illness may be requested.

7. Personal Time Off shall be applied when all sick
leave has been exhausted.

8. The following payoff provision for accumulated
Sick Leave upon retirement or disability, death or
resignation, shall apply:

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 (a) Twenty-five percent (25%) of all
accumulated sick leave after five (5) years
of service with the City; payoff shall be
prorated upon last five (5) years of service.
(b) Fifty percent (50%) of all accumulated sick
leave after ten (10) years of service with the
City; payoff shall be prorated upon last five
(5) years of service.
(c) Seventy-five (75%) of all accumulated sick
leave after twenty (20) years of service with
the City; payoff shall be prorated upon last
five (5) years of service.

G.Holiday Policy
The City currently observes the following holidays:

Designated Date Designated Holiday
January 1 New Year’s Day
Third Monday in January Martin Luther King Jr. Day
Third Monday in February Washington’s Birthday
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 Veteran’s Day

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day After Thanksgiving Day
December 24 (1/2 holiday) Christmas Eve
December 25 Christmas Day
December 31 (1/2 holiday) New Year’s Eve
Two Floating Holidays At Employee’s Discretion with
Supervisor’s Approval
In addition to the foregoing holidays, all full time
employees shall be entitled to accrue ten (10) hours in lieu of Columbus Day. This time shall be placed in the employees floating holiday time bank.

1. Hour Value. The hour value for each holiday shall
be equivalent to the employee's scheduled work
period.

2. Procedure if Holiday Falls on Saturday or Sunday.

For those employees whose normal work week is
Monday through Friday, when a holiday falls on
Saturday, the preceding Friday shall be observed
as a holiday. When a holiday falls on a Sunday,
the following Monday shall be observed as a
holiday.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 3. Procedure if Holiday Falls on Regular Day Off. If a holiday occurs on a day which is the employee's
regular day off, he/she shall be entitled to ten (10)
hours of holiday pay or five (5) hours of pay for a
half (1/2) day holiday.

H.Bereavement Leave.

1. Use of Bereavement Leave. Paid Bereavement
Leave may be granted to an employee upon the
request of the employee, upon the death of any of
the following relatives of the requesting employee:
spouse; child, including biological, step, adopted
and foster children; parent, including biological,
step, adoptive and foster parents; parent-in-law;
grandparent; sibling; grandchild, including
biological, step, adopted and foster grandchildren.

2. Amount of Bereavement Leave: Employees may
receive up to three (3) days of paid Bereavement
Leave based upon the employee's usual work
schedule.

I.Health Insurance.

1. The City shall make available to all full time
employees and their dependents, pro-rated for
part time employees, medical plans through

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 commercial carriers. The City shall also provide
fully-paid dental and vision plans.

2. The City will contribute the sum of $1,100.00 per
month, per employee in paid status toward the
cost of health insurance. The City will contribute
100% of the cost per month, per employee in a
paid status for the cost of dental and vision plans
for such employee and his/her dependents.

J.Retirement. The City will provide retirement plans
with the California Public Employees Retirement
System ('CalPERS') as follows:

1. For employees hired prior to July 1, 2011, such
plan shall be 2.7% at 55 with 1959 Survivor
Benefits, Level 4, Post-Retirement Survivor
Allowance, One-Year Highest Compensation, and
Military Service Credit.

2. For employees hired from July 1, 2011 through
December 31, 2012, or those hired thereafter who
are CalPERS 'Classic' members, such plan shall
be 2.5% at 55 with 1959 Survivor Benefits, Level
4, Post-Retirement Survivor Allowance, One-Year
Highest Compensation, and Military Service
Credit.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 3. For employees hired on or after January 1, 2013,
who are not CalPERS 'Classic' members and are
not eligible for reciprocity, such plan shall be 2% at
sixty-two (62) and final compensation based on
'highest consecutive three year average'.

4. Management/Confidential Personnel employees in
retirement Tiers I and II shall pay the full employee
share of contribution (EPMC), but not to exceed
eight percent (8%), to their respective retirement
plans. Management/Confidential Personnel
employees in retirement Tier Ill shall pay the full
employee share of contribution (EPMC), but not to
exceed sharing fifty percent (50%) of normal
costs, to their retirement plan.

5. Management/Confidential Personnel employees
shall receive retiree health insurance benefits
pursuant to Resolution Numbers 4198, 4190,
3349, 3317, and 3209. The Tier Two deferred
compensation contribution for management
employees covered by this Resolution shall be
one hundred dollars ($100.00) per month.

K.Disability Insurance. On behalf of each employee,
the City shall contribute an amount equal to the

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 premium on a long-term disability plan. The plan shall provide coverage equal to sixty percent (60%) of total
salary, with a maximum monthly benefit of thirteen
thousand dollars ($ 13,000), after a thirty (30) day
waiting period. In no case shall the policy require sick leave to be drawn beyond the initial thirty (30) day
period.

L.Life Insurance. For employees hired on or before
December 3, 1996, the City will provide a term life
insurance policy in the amount of one hundred
thousand dollars ($100,000.00) for all employees
covered by this Resolution. For employees hired after
December 3, 1996, the City will provide a term life
insurance policy in the amount of fifty thousand
dollars ($50,000.00).

M. City Vehicles. Authorization for use of City-owned
vehicles shall be pursuant to Resolution Number
3348. The auto allowance amount for all managers
receiving an auto allowance shall be equal to five
hundred dollars ($500) monthly.

N.Jury Duty. An employee on jury duty will receive full pay and benefits. Any compensation for such jury
duty (except travel pay) shall be returned to the City.

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 O.Bilingual Pay. Employees regularly required by their supervisor to provide foreign language translation
services in the course and scope of their employment
shall receive one hundred dollars ($100.00) per
month. In order to qualify for bilingual pay, the
employee must pass a test established by the City.

P.Leave of Absence Without Pay.

1. After all Personal Time Off (PTO) and
compensatory time has been used, the City
Manager, upon recommendation of the
Department/Division Head, may grant a leave of
absence without pay for any employee up to a
maximum of sixty (60) calendar days. Extensions
of time beyond the initial sixty (60) calendar days
up to one (1) year may also be granted by the City
Manager. One (1) extension, for a total of two (2)
years from the beginning of the initial sixty (60)
days, may be granted. A leave without pay may be
granted for any of the following reasons:
(a) To take a course of study which will
increase the employee's usefulness on
return to his or her position in the City's
service; and

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 (b) For personal reasons acceptable to the
Department Head and City Manager.

2. During an approved leave of absence without pay
all employee benefits shall cease to be paid by the
City. An employee may continue his/her health
and life insurance benefits at the employee's
expense.

Q.Non-Occupational Disability Leave.

1. Upon submission of an appropriate certificate from
a licensed medical provider, an employee may be
granted non-occupational disability leave. The
employee utilizing non-occupational disability
leave shall utilize all sick leave accredited to
him/her and upon the expiration of sick leave shall
utilize any accrued annual vacation leave and
compensatory time. When all sick leave, annual
vacation leave and compensatory time are
exhausted, the remainder of the absence required
will be on the basis of leave without pay. The
leave without pay will constitute a break in
continuous service with the City.

2. Non-occupational disability leave shall not extend
beyond a maximum period of six (6) months. If

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 additional leave is desired, the employee may
request additional leave in accordance with Leave
of Absence Without Pay, Subsection 9.P. An
employee shall not be entitled to more than one
(1) such leave pursuant to this Subsection 9.P. per
twelve (12) month period.

R.Professional Organizations.

Management/Confidential personnel are encouraged
to participate in professional organizations that
directly relate to their career objectives and the
performance of their responsibilities. City-sponsored
membership in professional organizations and
activities shall be subject to the constraints of the
adopted budget for that department/division.

S.Educational Reimbursement. Full-time, regular
Management/Confidential personnel employees shall
qualify for participation in the tuition-reimbursement
program. The program covers courses taken at
accredited colleges, accredited universities,
correspondence courses and other institutions.

Reimbursement will be subject to the following:

1. The course elected must be of benefit to the City
and directly related to the employee's current

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 duties or future employment with the City. Courses
taken to satisfy a degree requirement may be
approved, provided that the degree goal is in the
field of current employment of the employee or
future employment with the City.

2. Each employee must attend on his/her own time
and complete the course satisfactorily with a
passing grade of "C" or its numerical equivalent, or
a "pass" or "credit" for the class.

3. Employees planning on taking classes or entering
a specific program that is reimbursable will obtain
approval for the reimbursement prior to
enrollment.

4. Such reimbursement shall include tuition, books,
text materials used to complete course
requirements and parking fees, but shall not
include travel time, mileage, or other
miscellaneous costs.

5. Upon completion of the course, the employee shall
attach the grade report along with receipts for
eligible reimbursements to his/her approved
application for educational assistance and present
it to his/her Department Head. The Department

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 Head will forward the records of completion to the
Human Resources Division.

6. Reimbursement is limited to two thousand dollars
($2,000.00) per calendar year.

7. Should the employee leave City service within one
year after completion of a course paid for by the
City, the costs of such course will be deducted
from the employee's last paycheck. If the
employee's last paycheck is insufficient to repay
the costs of such course(s), the employee will be
required to make appropriate arrangements,
including a promissory note, to repay the balance
within one (1) year of leaving City service. The
City Manager may alter the above requirement in
unusual circumstances.

8. Employees covered under this resolution may
request prepayment or reimbursement of costs
required for the course. Failure to present proper
proof of completion will cause the amount of
prepayment to be deducted from successive
paychecks, not to exceed $50 per pay period,
except in the case of an employee who
terminates, in which case the total amount shall be

15.F

CITY OF HEMET RESOLUTION NO.
2023-XXX
1 deducted from monies due and owed by the
employee.

T.Work Schedule. All employees shall work a "4/10"
alternative work schedule comprising of eight (8), ten
(10) hour days in the pay period. City may adjust
employee work days to provide coverage for all days
of the week based on business need, while
maintaining a 4/10 work schedule.

U.Optional Work Schedule. Alternate work schedules
will only occur with the Department Director
recommendation, with appropriate coverage to
provide adequate service to the public, and final
approval by the City Manager.

V.Layoff & Grievance Procedures. Will be
followed in accordance with the Personnel Rules
adopted by the City Council on April 12, 2011.

1. Separation Pay. A regular status employee who is
subject to layoff shall receive separation pay in the
amount of two (2) weeks salary at the employee's
then current salary.

15.F

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 10 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute Side Letter Agreements with Hemet City Fire Fighters Association, Hemet Mid -Managers Association, Hemet Police Management Association, and Service Em ployees International Union Establishing an Employee Referral Bonus Program for Lateral Police Officers and Lateral Public Safety Dispatchers

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 City Manager to execute Side Letter Agreements with Hemet City Fire Fighters Association, Hemet Mid -Managers Association, Hemet Police Management Association, and Service Employees International Union, establishing an Employee Referral Bonus Program for Lateral Police Officers and Lateral Public Safety Dispatchers.

BACKGROUND:

The City of Hemet is continuously recruiting Police Officers and Public Safety Dispatchers to join the City of Hemet Police De partment. One of the most difficult hurdles during the recruitment process pertains to the pre -employment process of Entry -level Police Officer and Entry -level Public Safety Dispatcher candidates. These candidates are subjected to a more rigorous recruitme nt process including a written examination, physical agility examination (for Entry-level Police Officer candidates), medical evaluation, psychological evaluation, and background investigation. Additionally, once an Entry-level Police Officer candidate passes the interview, testing, and pre-employment processes, they will be sent to an academy to learn how to become certified to be a police officer in the State of California. These components, as well as the staff needed to administer and oversee these components, add up to a costly amount for each new candidate when compared to hiring a Lateral Police Officer or Lateral Public Safety Dispatcher candidate.

ANALYSIS:

15.G

When comparing the recruitment process of Entry -level Police Officers and Entry -level Public Safety Dispatcher candidates versus Lateral Police Officers and Lateral Public Safety Dispatcher candidates, there are a variety of factors to consider. On average, the recruitment costs for an entry-level candidate are significantly greater than that of a lateral candidate. These costs include the materials, staff time, and specialized services needed to assess candidates during the pre-employment process. Additional benefits of hiring lateral candidates include:

• Higher success rate in completing training programs.
• Extremely shorter time frame to deploy lateral candidates on their own. • Lateral candidates bring previous experience to the department from their last agency. • Lateral candidates typically bring with them an expanded skill set and certifications. • Lateral candidates often possess a level of maturity and professionalism gained through previous experiences at their previous agency.
• The expectation is to have the ability to attract and hire “Cream of the Crop.”

To help attract lateral candidates to the City, an Employee Referral Bonus program has been approved by the City Council. The City wishes to extend those eligible to participate in the referral bonus program to all bargaining units including the Hemet City Fire Fighters Association (HFFA), Hemet Mid-Managers Association (HMMA), Hemet Police Management Association (HPMA), and Service Employees Union International (SEIU) members. Those members who refer either a Lateral Public Safety Dispatcher or a Later al Police Officer candidate who is successfully hired by the City are eligible to receive two thousand five hundred dollars and zero cents ($2,500.00), payable in the first full pay period after the candidate completes the Communications Training Program for Dispatchers or Field Training Program for Police Officers.

DISCUSSION:

The proposed Employee Referral Bonus is identical to the incentive recently offered to members of Hemet Police Officers Association (HPOA) and Hemet Non -Sworn Police Employees Ass ociation (HNSPEA). The terms and conditions of the Referral Bonus are now proposed to be offered to City Employees in other bargaining units. This incentive is aimed to increase recruitment efforts in order to fill critical Police Officer and Public Safety Dispatcher positions.

Pursuant Meyers the to -Milias-with conferred and met have staff (MMBA), Act Brown City representatives from HFFA, HMMA, HPMA, and SEIU. City representatives and HFFA, HMMA, HPMA, and SEIU representatives agreed upon the requirements and conditions of the proposed program.

PREVIOUS COUNCIL ACTION:

Council previously approved an Employee Referral Bonus for HPOA and HNSPEA members on September 12, 2023. The proposed item, if approved, will be applicable to HFFA, HMMA, HPMA, and SEIU members.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

15.G

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

FISCAL IMPACT:

Appropriations for the Employee Referral Bonus have been previously established and approved at the September 12, 2023, Council Meeting.

ALTERNATIVE(S):

Council can vote to approve this item, not approve this item, or direct staff to research an alternative solution.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: A Resolution Authorizing the City Manager to Execute Side Letter Agreements Establishing an Employee Referral Bonus Program
Attachment 2: HFFA Side Letter of Agreement re Police Officer and Dispatcher Referral Bonus Attachment 3: HMMA Side Letter of Agreement re Police Officer and Dispatcher Referral Bonus Attachment 4: HPMA Side Letter of Agreement re Police Officer and Dispatcher Referral Bonus Attachment 5: SEIU Side Letter of Agreement re Police Officer and Dispatcher Referral Bonus

15.G

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, AUTHORIZING THE CITY

MANAGER TO EXECUTE SIDE LETTER AGREEMENTS

WITH HEMET CITY FIRE FIGHTERS ASSOCIATION,

HEMET MID-MANAGERS ASSOCIATION, HEMET

POLICE MANAGEMENT ASSOCIATION, AND SERVICE

EMPLOYEES INTERNATIONAL UNION ESTABLISHING

AN EMPLOYEE REFERRAL BONUS PROGRAM FOR

LATERAL POLICE OFFICERS AND LATERAL PUBLIC

SAFETY DISPATCHERS
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 is continuously recruiting for Police Officers and Public Safety Dispatchers to join the City of Hemet Police Department and one of the most difficult hurdles during the recruitment process pertains to the pre-employment process of Entry-level Police Officer and Entry-level Public Safety Dispatcher candidates; and
WHEREAS, Entry-level candidates go through a more rigorous recruitment process including a written examination, physical agility examination, medical evaluation, psychological evaluation, background investigation, and academy training; and
WHEREAS, these pre-employment and recruitment components, as well as staff needed to administer and oversee these components, adds up to a costly per-candidate amount when compared to hiring a Lateral Police Officer or Lateral Public Safety Dispatcher candidate; and

15.G

CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, lateral candidates onboard much quicker, and the average recruitment costs for an entry-level candidate are over three times that of a lateral candidate, including the materials, staff time, and specialized services needed to assess candidates during the pre-employment process; and
WHEREAS, generally, lateral candidates have a higher success rate in completing training programs, have shorter timeframes to deploy on their own, bring previous experience from their previous agency, and often possess a level of maturity and professionalism gained from previous experience; and WHEREAS, the City of Hemet Police Department is focused on and committed to hiring Lateral Police Officer and Lateral Public Safety Dispatcher candidates; and WHEREAS, the City staff have met and conferred with representatives from the Hemet City Fire Fighters Association (HFFA), Hemet Mid-Managers Association (HMMA), Hemet Police Management Association (HPMA), and Service Employees International Union (SEIU). City representatives and HFFA, HMMA, HPMA, and SEIU representatives agreed upon the requirements and conditions of the proposed program; and
WHEREAS, City Council authorizes the City Manager to execute Side Letter Agreements with HFFA, HMMA, HPMA, and SEIU establishing an Employee Referral Bonus Program for Lateral Police Officers and Lateral Public Safety Dispatchers.

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

SECTION 1. Approval of an Employee Referral Bonus Program in the amount of two thousand, five hundred dollars and zero cents ($2,500.00) with the following prerequisite:
1) HFFA, HMMA, HPMA, and SEIU members who refer either a Lateral Police Officer or a Lateral Public Safety Dispatcher candidate who is

15.G

CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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successfully hired by the City will receive two thousand, five hundred dollars and zero cents ($2,500.00) payable in the first full pay period after the candidate completes the Field Training Program for Police Officers or the Communications Training Program for Dispatchers.

Section 2. Appropriations for the Employee Referral Bonus have been previously established and approved at the September 12, 2023 Council Meeting.

Section 3. The effective date of this Hiring Bonus and Employee Referral Bonus Program will be the date of approval of this Resolution, October 10, 2023.

15.G

CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this 10th day of October, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.G

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 10th day of October, 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

15.G

1 12163744.2 HE040-001
SIDE LETTER OF AGREEMENT #5

BETWEEN THE CITY OF HEMET
AND

THE HEMET CITY FIRE FIGHTERS ASSOCIATION

REGARDING PROVIDING A REFERRAL BONUS FOR

REFERRALS OF LATERAL POLICE OFFICERS AND

LATERAL PUBLIC SAFETY DISPATCHERS
WHEREAS, the City of Hemet (“CITY”) and the Hemet City Fire Fighters Association (“HFFA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that was in effect from July 1, 2015 through June 30, 2021; and
WHEREAS, on June 15, 2020 the City and HFFA executed a side letter agreement modifying the MOU and extending its term to June 30, 2023; and
WHEREAS, on May 24, 2022 the City and HFFA executed a side letter agreement extending the term of the MOU through June 30, 2024 and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HFFA;
WHEREAS, Article V of the MOU provides for the terms of compensation for HFFA members;
WHEREAS, the CITY wishes to attract experienced job applicants to the positions of Lateral Public Safety Dispatcher and Lateral Police Officer;
WHEREAS, the Parties wish to amend the MOU to provide
referral bonuses to incumbent CITY employees who are HFFA members, and who refer a successful applicant for CITY
employment in the positions of Lateral Public Safety Dispatcher or Lateral Police Officer;
WHEREAS, the referral bonuses are subject to and contingent upon the completion of the requirements described below; NOW, THEREFORE, the Parties agree to the following:

1. An incumbent HFFA member employed by the
CITY shall earn a referral bonus if all of the
following requirements have been satisfied:

15.G

a. The HFFA member recommends a job
applicant for the classification of Hiring
Bonus Eligible-Lateral Public Safety
Dispatcher or Hiring Bonus Eligible-Lateral
Police Officer to the CITY on or after the
effective date of this letter;
b. The recommended applicant actually applies
for, and is hired into the classification of
Lateral Public Safety Dispatcher or Lateral
Police Officer (not Police Corporal or Police
Investigator);
c. The recommended applicant lists the name
of the HFFA member who made the
recommendation on the applicant’s City job
application;
d. The recommended applicant completes the
applicable training program for the
applicant’s position (Communications
Training Officer Training Program for
Lateral Public Safety Dispatchers and Field
Training Program for Lateral Police
Officers);
e. The HFFA member and the recommended
applicant must both remain employees of the
CITY until all other requirements are met, in
order for the HFFA member to be eligible to
receive the referral bonus;

2. The referral bonus shall be $2,500 (two thousand,
five hundred dollars) and shall become payable on
the first pay period after all of the above
requirements have been met.

3. Payments will be made subject to all regular
deductions, including state and federal tax
withholdings, and as required by law.

CITY OF HEMET HEMET CITY

FIRE FIGHTERS

ASSOCIATION
___________________________
___________________________
Mark Prestwich, City Manager David Prietto, HFFA
President

15.G

___________________________
___________________________
Date Date
___________________________
John Paul Maier, City Clerk
___________________________
Date
___________________________
Steven Graham, City Attorney
___________________________
Date

15.G

1 12163744.2 HE040-001
SIDE LETTER OF AGREEMENT #2

BETWEEN THE CITY OF HEMET
AND

THE HEMET MID-MANAGERS ASSOCIATION

REGARDING PROVIDING A REFERRAL BONUS FOR

REFERRALS OF LATERAL POLICE OFFICERS AND

LATERAL PUBLIC SAFETY DISPATCHERS
WHEREAS, the City of Hemet (“CITY”) and the Hemet Mid-
Managers Association (“HMMA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2022 through June 30, 2024, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HMMA; WHEREAS, Article V of the MOU provides for the terms of compensation for HMMA members;
WHEREAS, the CITY wishes to attract experienced job applicants to the positions of Lateral Public Safety Dispatcher and Lateral Police Officer;
WHEREAS, the Parties wish to amend the MOU to provide
referral bonuses to incumbent CITY employees who are HMMA members, and who refer a successful applicant for CITY
employment in the positions of Lateral Public Safety Dispatcher or Lateral Police Officer;
WHEREAS, the referral bonuses are subject to and contingent upon the completion of the requirements described below; NOW, THEREFORE, the Parties agree to the following:

1. An incumbent HMMA member employed by the
CITY shall earn a referral bonus if all of the
following requirements have been satisfied:
a. The HMMA member recommends a job
applicant for the classification of Hiring
Bonus Eligible-Lateral Public Safety
Dispatcher or Hiring Bonus Eligible-Lateral
Police Officer to the CITY on or after the
effective date of this letter;
b. The recommended applicant actually applies
for, and is hired into the classification of

15.G

Lateral Public Safety Dispatcher or Lateral
Police Officer (not Police Corporal or Police
Investigator);
c. The recommended applicant lists the name
of the HMMA member who made the
recommendation on the applicant’s City job
application;
d. The recommended applicant completes the
applicable training program for the
applicant’s position (Communications
Training Officer Training Program for
Lateral Public Safety Dispatchers and Field
Training Program for Lateral Police
Officers);
e. The HMMA member and the recommended
applicant must both remain employees of the
CITY until all other requirements are met, in
order for the HMMA member to be eligible
to receive the referral bonus;

2. The referral bonus shall be $2,500 (two thousand,
five hundred dollars) and shall become payable on
the first pay period after all of the above
requirements have been met.

3. Payments will be made subject to all regular
deductions, including state and federal tax
withholdings, and as required by law.

CITY OF HEMET HEMET MID-MANAGERS

ASSOCIATION
___________________________
___________________________
Mark Prestwich, City Manager Gregg Holyoak,
HMMA President
___________________________
___________________________
Date Date

15.G

___________________________
John Paul Maier, City Clerk
___________________________
Date
___________________________
Steven Graham, City Attorney
___________________________
Date

15.G

1 12163744.2 HE040-001
SIDE LETTER OF AGREEMENT #2

BETWEEN THE CITY OF HEMET
AND

THE HEMET POLICE MANAGEMENT ASSOCIATION

REGARDING PROVIDING A REFERRAL BONUS FOR

REFERRALS OF LATERAL POLICE OFFICERS AND

LATERAL PUBLIC SAFETY DISPATCHERS
WHEREAS, the City of Hemet (“CITY”) and the Hemet Police Management Association (“HPMA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2022 through June 30, 2024, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the HPMA; WHEREAS, Article III of the MOU provides for the terms of compensation for HPMA members;
WHEREAS, the CITY wishes to attract experienced job applicants to the positions of Lateral Public Safety Dispatcher and Lateral Police Officer;
WHEREAS, the Parties wish to amend the MOU to provide
referral bonuses to incumbent CITY employees who are HPMA members, and who refer a successful applicant for CITY
employment in the positions of Lateral Public Safety Dispatcher or Lateral Police Officer;
WHEREAS, the referral bonuses are subject to and contingent upon the completion of the requirements described below; NOW, THEREFORE, the Parties agree to the following:

1. An incumbent HPMA member employed by the
CITY shall earn a referral bonus if all of the
following requirements have been satisfied:
a. The HPMA member recommends a job
applicant for the classification of Hiring
Bonus Eligible-Lateral Public Safety
Dispatcher or Hiring Bonus Eligible-Lateral
Police Officer to the CITY on or after the
effective date of this letter;
b. The recommended applicant actually applies
for, and is hired into the classification of

15.G

Lateral Public Safety Dispatcher or Lateral
Police Officer (not Police Corporal or Police
Investigator);
c. The recommended applicant lists the name
of the HPMA member who made the
recommendation on the applicant’s City job
application;
d. The recommended applicant completes the
applicable training program for the
applicant’s position (Communications
Training Officer Training Program for
Lateral Public Safety Dispatchers and Field
Training Program for Lateral Police
Officers);
e. The HPMA member and the recommended
applicant must both remain employees of the
CITY until all other requirements are met, in
order for the HPMA member to be eligible
to receive the referral bonus;

2. The referral bonus shall be $2,500 (two thousand,
five hundred dollars) and shall become payable on
the first pay period after all of the above
requirements have been met.

3. Payments will be made subject to all regular
deductions, including state and federal tax
withholdings, and as required by law.

CITY OF HEMET HEMET POLICE

MANAGEMENT

ASSOCIATION
___________________________
___________________________
Mark Prestwich, City Manager Michael Arellano,
HPMA President
___________________________
___________________________
Date Date

15.G

___________________________
John Paul Maier, City Clerk
___________________________
Date
___________________________
Steven Graham, City Attorney
___________________________
Date

15.G

1 12163744.2 HE040-001
SIDE LETTER OF AGREEMENT #2

BETWEEN THE CITY OF HEMET
AND

THE SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 721 ASSOCIATION

REGARDING PROVIDING A REFERRAL BONUS FOR

REFERRALS OF LATERAL POLICE OFFICERS AND

LATERAL PUBLIC SAFETY DISPATCHERS
WHEREAS, the City of Hemet (“CITY”) and the Service
Employees International Union Local 721 Association (“SEIU”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2022 through June 30, 2024, and governs generally the wages, hours, and other terms and conditions of employment of the classifications represented by the SEIU;
WHEREAS, Article 5 of the MOU provides for the terms of compensation for SEIU members;
WHEREAS, the CITY wishes to attract experienced job applicants to the positions of Lateral Public Safety Dispatcher and Lateral Police Officer;
WHEREAS, the Parties wish to amend the MOU to provide
referral bonuses to incumbent CITY employees who are SEIU members, and who refer a successful applicant for CITY
employment in the positions of Lateral Public Safety Dispatcher or Lateral Police Officer;
WHEREAS, the referral bonuses are subject to and contingent upon the completion of the requirements described below; NOW, THEREFORE, the Parties agree to the following:

1. An incumbent SEIU member employed by the
CITY shall earn a referral bonus if all of the
following requirements have been satisfied:
a. The SEIU member recommends a job
applicant for the classification of Hiring
Bonus Eligible-Lateral Public Safety
Dispatcher or Hiring Bonus Eligible-Lateral
Police Officer to the CITY on or after the
effective date of this letter;

15.G

b. The recommended applicant actually applies
for, and is hired into the classification of
Lateral Public Safety Dispatcher or Lateral
Police Officer (not Police Corporal or Police
Investigator);
c. The recommended applicant lists the name
of the SEIU member who made the
recommendation on the applicant’s City job
application;
d. The recommended applicant completes the
applicable training program for the
applicant’s position (Communications
Training Officer Training Program for
Lateral Public Safety Dispatchers and Field
Training Program for Lateral Police
Officers);
e. The SEIU member and the recommended
applicant must both remain employees of the
CITY until all other requirements are met, in
order for the SEIU member to be eligible to
receive the referral bonus;

2. The referral bonus shall be $2,500 (two thousand,
five hundred dollars) and shall become payable on
the first pay period after all of the above
requirements have been met.

3. Payments will be made subject to all regular
deductions, including state and federal tax
withholdings, and as required by law.

CITY OF HEMET SERVICE EMPLOYEES

INTERNATIONAL
UNION
___________________________
___________________________
Mark Prestwich, City Manager SEIU
___________________________
___________________________
Date Date

15.G

___________________________
John Paul Maier, City Clerk
___________________________
Date
___________________________
Steven Graham, City Attorney
___________________________
Date

15.G

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 10 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving a Series of Administrative Amendments to the City’s Classification and Compensation Plan for Employee Salary Ranges

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving a series of administrative amendments to the City’s Classification and Compensation Plan for Employee Salary Ranges.

BACKGROUND:

State regulations for public employers require disclosure of position classifications and corresponding compensation. To ensure compliance and for even greater transparency, the Hemet City Council has previously adopted the updated City Classification and Compensation Plan for Emp loyee Salary Ranges (Salary Schedule), a document that includes a list of authorized classifications and their respective compensation ranges. The Salary Schedule allows members of the public to see the compensation level for all authorized classifications within the City.

The Classification and Compensation Plan is a reference document of available employment positions, as the positions listed may not necessarily be budgeted or funded in any given fiscal year. The City Council has historically approved each budgeted job classification and its corresponding salary range in the annual budget process.

ANALYSIS:

The Salary Schedule revisions outlined herein are due to changes that occurred through specified employment agreement updates and amendments. These administrative updates are required to be

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included in the City's official Salary Schedules and approved by the Council in order to remain compliant with all applicable State regulations. The Salary Schedules as presented reflect the following changes:

1. New Salary Schedule effective May 2, 2022, not previously approved by Council. a. The salary for the Chief of Polic e was updated to $232,452 annually to reflect a subordinate salary separation (compression) clause. This schedule reflects the inclusion of longevity premium pay in the compression calculation in accordance with the executed employment agreement.

2. Amended S alary Schedule effective July 11, 2022. This salary schedule was previously approved by the City Council on June 28, 2022.
a. The salary for the Chief of Police was updated to $243,084 annually to reflect a subordinate salary separation clause. The schedule demonstrates an adjustment due to Cost of Living Adjustments (COLA) in accordance with the executed employment agreement.

3. New Salary Schedule effective August 9, 2022, not previously approved by Council. a. The salary for the Chief of Police was updated to $267,420 annually to reflect a revision to the calculation of the subordinate salary separation clause from 7% to 17%. This revision is in accordance with the executed amendment to the employment agreement.

4. Amended Salary Schedule effective December 12, 2022 . This salary schedule was previously approved by the Council on December 13, 2022.
a. The salary for the Chief of Police was updated to $272,772 annually to reflect a 2% merit performance award, in accordance with the executed employment agreement.

5. New Salary Schedule effective December 18, 2022, not previously approved by Council. a. The salary for the Chief of Police was increased by 2% to $276,972 annually to reflect a change in the base for calculating the subordinate salary separation clause in accordance with the executed employment agreement amendment. At this time, there was a change in the individual against which the compression calculation was determined.

6. Amended Salary Schedule effective July 10, 2023, previously approved by Council on July 11, 2023.
a. The salary for the Chief of Police was increased to $284,496 annually to reflect the effects of the subordinate salary separation clause due to COLA adjustments. This change is in accordance with the executed employment agreement amendment. b. The salary for the City Manager was increased to $284,508 annually to reflect the effects of the subordinate salary separation clause, in accordance with the executed employment agreement.

7. Amended Salary Schedule effective August 8, 2023, previously approved by Council on August 8, 2023.
a. Chief of Police salary updated to $284,496 annually in alignment with the July 10, 2023 Salary Schedule.
b. The City Manager's salary updated to $284,508 annually in alignment with the July 10, 2023, Salary Schedule.

Payments and adjustments as required by employment agreements and amendments, if not paid at the time of the adjustment, will be paid retroactively per the respective employment agreement(s) or amendment (s).

DISCUSSION:

Maintaining a public-facing Salary Schedule meets State requirements and fosters transparency in City operations. The Salary Schedule is informative for members of the public and other local government agencies in conducting compensation surveys on comparable positions. While there are sometimes mandatory and periodic updates that must be made to the Salary Schedule, any specific updates to

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position titles, requirements, and/or salary ranges will be addressed separately and follow any and all applicable guidelines pursuant to the Meyers-Milias-Brown Act.

PREVIOUS COUNCIL ACTION:

Council approval information is included as part of the report's analysis.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

Additional General Fund appropriations are not required for these adjustments.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution Approving a Series of Administrative Amendments to the City's Classification and Compensation Plan
Attachment 1: Salary by Position 05.02.2022
Attachment 2: Salary by Position 07.11.2022
Attachment 3: Salary by Position 08.09.2022
Attachment 4: Salary by Position 12.12.2022
Attachment 5: Salary by Position 12.18.2022
Attachment 6: Salary by Position 07.11.2023
Attachment 7: Salary by Position 08.08.2023

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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 A SERIES OF
ADMINISTRATIVE AMENDMENTS TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN FOR

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

WHEREAS, State regulations for public employers require disclosure of position classifications and corresponding compensation; and
WHEREAS, the City Council of the City of Hemet has previously adopted and updated the City’s Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a document which includes a list of employment positions for the City and their corresponding ranges; and
WHEREAS, the Salary Schedule allows members of the public to see what any given position would be paid and is a resource document of authorized, budgeted position titles, as the positions listed may not necessarily be filled in any given fiscal year; and
WHEREAS, historically, City Council approved each budgeted job classification and its corresponding salary range in its annual budget; and

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, the addition of a classification to the salary schedule does not automatically create an authorized vacancy and requests to fill vacancies need to follow all applicable personnel rules, MOU terms, and resolutions; and WHEREAS, City Council approves the amendment to the City’s Classification and Compensation Plan for Employee Salary Ranges.

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

SECTION 1.Approval of multiple administrative Salary Schedule revisions as required by State regulations due to changes which occurred through specified employment agreements and amendments:
1) New Salary Schedule effective May 2, 2022, not previously approved by Council.
a. Chief of Police salary updated to $232,452 annually to reflect subordinate salary separation clause due to longevity premium pay adjustments per employment agreement.
2) Amended Salary Schedule effective July 1, 2022, previously approved by Council on June 28, 2022.
a. Chief of Police salary updated to $243,084 annually to reflect subordinate salary separation clause due to COLA adjustments per employment agreement.
3) New Salary Schedule effective August 9, 2022, not previously approved by Council.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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a. Chief of Police salary updated to $267,420 annually to reflect revised subordinate salary separation clause per employment agreement amendment.
4) Amended Salary Schedule effective December 12, 2022, previously approved by Council on December 13, 2022.
a. Chief of Police salary updated to $272,772 annually to reflect 2% merit performance award.
5) New Salary Schedule effective December 18, 2022, not previously approved by Council.
a. Chief of Police salary updated to $276,972 annually to reflect subordinate salary separation clause per employment agreement amendment.
6) Amended Salary Schedule effective July 10, 2023, previously approved by Council on July 11, 2023.
a. Chief of Police salary updated to $284,496 annually to reflect subordinate salary separation clause due to COLA adjustments per employment agreement amendment.
b. City Manager salary updated to $284,508 annually to reflect subordinate salary separation clause per employment agreement. 7) Amended Salary Schedule effective August 8, 2023, previously approved by Council on August 8, 2023.
a. Chief of Police salary updated to $284,496 annually in alignment with July 10, 2023 Salary Schedule.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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b. City Manager salary updated to $284,508 annually in alignment with July 10, 2023 Salary Schedule.

SECTION 2.The effective date of the approval of these amendments will be the date of approval of this Resolution, October 10, 2023, but will ultimately retroactively follow the effective dates of the revised Salary Schedules.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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PASSED, APPROVED AND ADOPTED this 10th day of October, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 6
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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 10 th day of October, 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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City of Hemet
Salary by Position
Effective 05.02.2022
Position Unit Range 1(A) 2(B) 3(C) 4(D) 5(E) (F) (G) 6 7 Accountant SEIU 52 4,480 4,705 4,939 5,187 5,446 5,582 5,722 Accounting Manager CP 36 7,775 8,163 8,571 9,001 9,451 9,924 10,419 Accounting Supervisor CP 21 5,368 5,636 5,918 6,215 6,525 6,851 7,194 Accounting Technician I SEIU 37 3,092 3,247 3,410 3,580 3,760 3,853 3,949 Accounting Technician II SEIU 43 3,588 3,767 3,955 4,153 4,360 4,470 4,582 Accounting Technician III SEIU 46 3,863 4,056 4,259 4,472 4,696 4,813 4,933 Administrative Assistant HMMA 21 4,299 4,514 4,740 4,976 5,225 5,487 Assistant City Manager AW ACM Annual salary up to $180,000 Assistant to the City Manager CP 36 7,775 8,163 8,571 9,001 9,451 9,924 10,419 Assistant Civil Engineer SEIU 56 4,945 5,193 5,452 5,725 6,011 6,161 6,315 Assistant Planner SEIU 53 4,592 4,822 5,062 5,316 5,581 5,722 5,864 Associate Planner HMMA 29 5,237 5,499 5,774 6,063 6,365 6,684 Battalion Chief HFM 711 8,569 8,997 9,447 9,919 10,415
Building Inspector I SEIU 47 3,960 4,157 4,365 4,584 4,813 4,933 5,056 Building Inspector II SEIU 51 4,370 4,589 4,818 5,058 5,312 5,445 5,581 Building Inspector Trainee TPT n/a 27 2,600 2,730 2,867 3,010 3,160 3,239 3,320 Building Official HMMA 51 9,017 9,468 9,941 10,438 10,960 11,508 Building Technician I SEIU 42 3,500 3,676 3,859 4,052 4,255 4,361 4,470 Building Technician II SEIU 46 3,863 4,056 4,259 4,472 4,696 4,813 4,933 Business License Technician SEIU 46 3,863 4,056 4,259 4,472 4,696 4,813 4,933 City Clerk AW 28 8,395 8,815 9,255 9,718 10,204 10,714 11,250 City Manager AW CM Annual salary set by employment agreement.

Code Compliance Manager HMMA 32 5,640 5,921 6,218 6,528 6,855 7,198 Code Enforcement Officer I SEIU 43 3,588 3,767 3,955 4,153 4,360 4,470 4,582 Code Enforcement Officer II SEIU 48 4,059 4,262 4,475 4,699 4,933 5,057 5,183 Community Development Director AW CDD Annual salary $155,534 Community Development Specialist SEIU 36 3,018 3,168 3,327 3,493 3,667 3,760 3,854 Community Services Officer HNSP 33 3,210 3,371 3,539 3,717 3,903 4,098 Council Member - Elected E 645.67/mo
Crime Scene Technician HNSP 41 3,914 4,110 4,316 4,532 4,759 4,997 Cross Connection Spec/CSR SEIU 48 4,059 4,262 4,475 4,699 4,933 5,057 5,183 Customer Service and Accounting Supervisor HMMA 31 5,503 5,778 6,067 6,370 6,689 7,023 Customer Service Representative SEIU 41 3,413 3,584 3,764 3,951 4,149 4,253 4,359 Deputy City Clerk CP 14 4,515 4,742 4,978 5,228 5,489 5,763 6,051 Deputy City Manager/Admin Services Director AW ASD Annual salary $155,004