Hemet City Council
January 30, 2024

EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).

1.ELEMENTS OF COMPENSATION.

Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:

1.1.2.1 Direct Salary Costs ____________________

1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

1.1.2.3 Overhead Costs ____________________

15.D.

[INSERT PROJECT #]
Exhibit B-1

The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 The fixed fee is $______________________.

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.

15.D.

[INSERT PROJECT #]
Exhibit B-1

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour

2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.

3. INVOICING.

3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.

15.D.

[INSERT PROJECT #]
Exhibit B-1

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.

15.D.

[INSERT PROJECT #]
Exhibit B-2

EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .

The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By: _____________________________
Name
Title
cc:

15.D.

[INSERT PROJECT #]
Exhibit B-3

EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title

15.D.

[INSERT PROJECT #]
Exhibit B-4

EXHIBIT B-4

SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)

15.D.

[INSERT PROJECT #]
Exhibit B-5

EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments

15.D.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
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 Revised Position of Facilities Technician

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 revised position of Facilities Technician.

BACKGROUND:

The City of Hemet continually 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 goals 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 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 Public Works Department requested a revision to the Facilities Technician position to better support the department's needs.

The Facilities Technician position is a current, filled classification. There is one proposed revision to the job description with no proposed change to the salary range (currently $58,140 - $74,244 annually).

15.E.

The proposed revision to the Facilities Technician position is as follows:

 Removal of the requirement of possession of or ability to obtain a Class B California Driver License
Pursuant to the Meyers-Milias-Brown Act (MMBA), City staff has met and conferred with representatives from Service Employees International (SEIU). City representatives and SEIU representatives agreed upon the position, pay and benefits.

DISCUSSION:

The requested revision to the Facilities Technician position is primarily because the position does not operate any commercial machinery which requires a commercial driver's license. The City has revised processes and procedures for the Facilities Technician position which allow the completion of duties without the need for a commercial driver's license. For example, the City has contracted out street light repair and maintenance, a task that used to require the operation of a commercial vehicle.

Additionally, when moving and/or removing large items that do not fit in a utility body truck, the Facilities division will use dump trailers which do not require a commercial driver's license.

By removing the commercial driver's license requirement, the City will be better able to attract qualified trades candidates. By focusing on candidates who have current certifications in HVAC, electrical, plumbing, or other trades, and not possession of a commercial driver's license, the City will have a greater candidate pool to consider when recruiting for vacant Facilities Technician positions.

The possession of a commercial driver's license does not enhance the service capabilities of a Facilities Technician candidate.

The proposed revision of this position is a result of the City’s current state and the support network needed to continue to achieve the Council’s Strategic Plan goals. This position will continue to strengthen the Department's internal structure, as well as the City's external structure by providing the community essential services in more streamlined and innovative ways.

PREVIOUS COUNCIL ACTION:

This position description was previously approved by the City Council on March 8, 2018.

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:

The proposed action has no fiscal impact.

ALTERNATIVE(S):

15.E.

Council may choose to approve the proposed position revision. Alternatively, Council may choose to further examine this proposed position revision.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution Approving the Revised Position of Facilities Technician Attachment 2: Facilities Technician Job Description - Redline Version Attachment 3: Facilities Technician Job Description - Clean Version

15.E.

City of Hemet Resolution No. 2024-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-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

REVISED POSITION OF FACILITIES TECHNICIAN
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 (hereafter referred to as “City”) 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, revisions to the Facilities Technician position are being recommended to enhance the position’s service capabilities and increase the City’s candidate attraction abilities during the recruitment process; and

15.E.

City of Hemet Resolution No. 2024-xxx
WHEREAS, the proposed position revision is a result of the City’s current state and the support network needed to continue to achieve the Council’s Strategic Goals; and
WHEREAS, the Council approves the amendment to the
City’s Classification and Compensation Plan to include the revised position of Facilities Technician.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

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

SECTION 1.Approval of the revised position of Facilities Technician, reflecting the removal of the California Class B Driver License requirement. All other position requirements and the established salary range will remain unchanged.

SECTION 2. The effective date of this amendment will be the date of approval of this Resolution, January 30, 2024.

15.E.

City of Hemet Resolution No. 2024-xxx
PASSED, APPROVED, AND ADOPTED this 30th day of
January 2024.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.E.

City of Hemet Resolution No. 2024-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 30th day of January 2024, 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.

15.E.

Class Code: 4455

CITY OF HEMET
Date Adopted: 06/27/2000
Date Last Revised: 01/30/2024

FACILITIES TECHNICIAN

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 supervision, depending on the area of assignment, performs skilled and semi - skilled work in the construction, repair and maintenance of City buildings, electrical systems, air conditioning systems, facilities and structures; inspects and maintains street lights and traffic signals; assists with the security of City owned facilities; demonstrates a full understanding of all applicable policies, procedures and work methods associated with assigned duties; assists in the training of less experienced personnel; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS

The Facilities Technician is the journey level class responsible for the performance of duties in all related building trades (plumbing, electrical, carpentry & HVAC) as required to maintain City facilities in a safe and efficient condition. This classification is distinguished from the Maintenance Worker series by the independent performance of a wide range of building maintenance functions, including specialization in electrical and Heating, Ventilating & Air Conditioning (HVAC) systems.

DISTINGUISHING CHARACTERISTICS

Receives general supervision from the Facilities Maintenance Supervisor. Incumbents in this class do not routinely exercise supervision, however, incumbents may routinely serve as the crew leader on projects.

EXAMPLES OF DUTIES

Duties may include, but are not limited to, the following:

Performs maintenance and repair on City buildings, facilities and structures, including carpentry, roofing, drywall finishing, painting, plumbing, cement work and facilities renovation; installs new plumbing fixtures; maintains and repairs fittings, valves and other fixtures; keeps current on technological changes related to facilities maintenance; and may maintain and repair radio towers and electrical generator systems.

Diagnoses, repairs, services and maintains heating, ventilating and air conditioning systems, including water coolers, remote controls, pumps, compressors, condensers and related parts and assemblies; lays out projects, evaluates and tests equipment and component operation to determine method of repair; replaces and disposes of refrigerant chemicals; conducts scheduled inspections and preventive maintenance on equipment; makes adjustments to equipment and controls to ensure operations are in compliance with specifications or standards.

Installs conduits, wires, transformers, circuit breakers and switches in making additions, new construction, remodeling and extensions or alterations in electrical service for City buildings and structures; services, repairs and maintains lighting and power systems,

15.E.

generators, motors and related equipment; tests, trouble shoots and repairs electrical control systems, including control circuits and panels; performs repair on street lights, traffic signals, pedestrian switches and lights and other safety electrical devices.

Reads blueprints, schematics, sketches and electrical diagrams; draws plans for assigned projects; works with, and may oversee a variety of outside contractors in installation and repair activities.

Performs general and preventative maintenance on a variety of buildings and facilities; operates and maintains a variety of maintenance tools and diagnostic equipment; inspects tools and equipment for safety and mechanical defects.

Responds to questions and concerns from the general public; provides customer services and information as appropriate and resolves public service complaints or questions.

Demonstrates a full understanding of applicable policies, procedures and work methods associated with assigned duties; evaluates assigned work activities; estimates time, materials and equipment necessary for the successful completion of assignments; acquires necessary resources as is appropriate.

Establishes positive working relationships with representatives of community organizations, state/local agencies, City management and staff, and the public.

WORKING CONDITIONS

Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The need to lift, carry and push tools, equipment and supplies weighing 25 pounds or more is also required. Additionally, the incumbent in this outdoor position works in all weather conditions, including wet, hot and cold. The incumbent safely uses appropriate personal protective equipment to eliminate personal exposure when using cleaning and lubricating chemicals or refrigerants, which emit fumes or airborne particles, and when working in areas with mechanical and electrical hazards. The nature of the work also requires the incumbent to climb ladders, use power and noise producing tools and equipment, drive motorized vehicles and aerial lifts, work at substantial heights, and work in heavy vehicle traffic conditions.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

15.E.

Class Code: 4455

Facilities Technician
Date Last Revised: 01/30/2024

KNOWLEDGE, SKILLS AND ABILITIES

Knowledge of:

Practices, techniques and materials used in new construction, maintenance and repair of public buildings and facilities; installation of new equipment; operational and maintenance characteristics of standard and specialized maintenance tools and equipment; safety requirements for working on electrical and HVAC systems; applicable federal, state and local laws, codes and procedures, including electrical standards and EPA regulations for refrigerant handling; methods and techniques of scheduling work assignments; basic principles of record keeping; occupational hazards and standard safety procedures.

Ability to:

Perform maintenance, repair and installation on City buildings, structures, facilities and street lights and signals; safely and competently operate a variety of tools and equipment used in maintenance and construction; perform heavy physical labor for extended periods of time; respond to issues and concerns from the community; maintain appropriate certificates and licenses; work independently and as part of a team; demonstrate good customer service; follow written and oral directions; observe safety principles and work in customer service; follow written and oral directions; observe safety principles and work in a saf e manner; respond to emergency call-outs as assigned; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

Skill to:

Safely and effectively operate a variety of vehicles, diagnostic equipment and power and hand tools used in new construction and facilities maintenance and repair.

QUALIFICATIONS GUIDELINES

Education and/or Experience

Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Facilities Technician. A typical way of obtaining the required qualifications is to possess the equivalent of four years of journey level experience in one or more trades (electrical, plumbing, carpentry and HVAC), and a high school diploma or equivalent. Completion of training in specialized areas of new construction facilities maintenance is highly desirable.

CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS

Possession of a Class C California driver's license is required. Possession of, or ability to obtain, a Class B California driver's license within twelve months from the date of hire is required. Certification as a journeyman electrician, EPA certification card for refrigeration recovery and recycling and HVAC certification are desirable. Page 11 of 14

15.E.

Class Code: 4455

CITY OF HEMET
Date Adopted: 06/27/2000
Date Last Revised: 01/30/2024

FACILITIES TECHNICIAN

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 supervision, depending on the area of assignment, performs skilled and semi - skilled work in the construction, repair and maintenance of City buildings, electrical systems, air conditioning systems, facilities and structures; inspects and maintains street lights and traffic signals; assists with the security of City owned facilities; demonstrates a full understanding of all applicable policies, procedures and work methods associated with assigned duties; assists in the training of less experienced personnel; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS

The Facilities Technician is the journey level class responsible for the performance of duties in all related building trades (plumbing, electrical, carpentry & HVAC) as required to maintain City facilities in a safe and efficient condition. This classification is distinguished from the Maintenance Worker series by the independent performance of a wide range of building maintenance functions, including specialization in electrical and Heating, Ventilating & Air Conditioning (HVAC) systems.

DISTINGUISHING CHARACTERISTICS

Receives general supervi sion from the Facilities Maintenance Supervisor. Incumbents in this class do not routinely exercise supervision, however, incumbents may routinely serve as the crew leader on projects.

EXAMPLES OF DUTIES

Duties may include, but are not limited to, the following:

Performs maintenance and repair on City buildings, facilities and structures, including carpentry, roofing, drywall finishing, painting, plumbing, cement work and facilities renovation; installs new plumbing fixtures; maintains and repairs fittings, valves and other fixtures; keeps current on technological changes related to facilities maintenance; and may maintain and repair radio towers and electrical generator systems.

Diagnoses, repairs, services and maintains heating, ventilating and air conditioning systems, including water coolers, remote controls, pumps, compressors, condensers and related parts and assemblies; lays out projects, evaluates and tests equipment and component operation to determine method of repair; replaces and disposes of refrigerant chemicals; conducts scheduled inspections and preventive maintenance on equipment; makes adjustments to equipment and controls to ensure operations are in compliance with specifications or standards.

Installs conduits, wires, transformers, circuit breakers and switches in making additions, new construction, remodeling and extensions or alterations in electrical service for City buildings and structures; services, repairs and maintains lighting and power systems,

15.E.

generators, motors and related equipment; tests, trouble shoots and repairs electrical control systems, including control circuits and panels; performs repair on street lights, traffic signals, pedestrian switches and lights and other safety electrical devices.

Reads blueprints, schematics, sketches and electrical diagrams; draws plans for assigned projects; works with, and may oversee a variety of outside contractors in installation and repair activities.

Performs general and preventative maintenance on a variety of buildings and facilities; operates and maintains a variety of maintenance tools and diagnostic equipment; inspects tools and equipment for safety and mechanical defects.

Responds to questions and concerns from the general public; provides customer services and information as appropriate and resolves public service complaints or questions.

Demonstrates a full understanding of applicable policies, procedures and work methods associated with assigned duties; evaluates assigned work activities; estimates time, materials and equipment necessary for the successful completion of assignments; acquires necessary resources as is appropriate.

Establishes positive working relationships with representatives of community organizations, state/local agencies, City management and staff, and the public.

WORKING CONDITIONS

Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The need to lift, carry and push tools, equipment and supplies weighing 25 pounds or more is also required. Additionally, the incumbent in this outdoor position works in all weather conditions, including wet, hot and cold. The incumbent safely uses appropriate personal protective equipment to eliminate personal exposure when using cleaning and lubricating chemicals or refrigerants, which emit fumes or airborne particles, and when working in areas with mechanical and electrical hazards. The nature of the work also requires the incumbent to climb ladders, use power and noise producing tools and equipment, drive motorized vehicles and aerial lifts, work at substantial heights, and work in heavy vehicle traffic conditions.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

15.E.

Class Code: 4455

Facilities Technician
Date Last Revised: 01/30/2024

KNOWLEDGE, SKILLS AND ABILITIES

Knowledge of:

Practices, techniques and materials used in new construction, maintenance and repair of public buildings and facilities; installation of new equipment; operational and maintenance characteristics of standard and specialized maintenance tools and equipment; safety requirements for working on electrical and HVAC systems; applicable federal, state and local laws, codes and procedures, including electrical standards and EPA regulations for refrigerant handling; methods and techniques of scheduling work assignments; basic principles of record keeping; occupational hazards and standard safety procedures.

Ability to:

Perform maintenance, repair and installation on City buildings, structures, facilities and street lights and signals; safely and competently operate a variety of tools and equipment used in maintenance and construction; perform heavy physical labor for ext ended periods of time; respond to issues and concerns from the community; maintain appropriate certificates and licenses; work independently and as part of a team; demonstrate good customer service; follow written and oral directions; observe safety principles and work in customer service; follow written and oral directions; observe safety principles and work in a safe manner; respond to emergency call-outs as assigned; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

Skill to:

Safely and effectively operate a variety of vehicles, diagnostic equipment and power and hand tools used in new construction and facilities maintenance and repair.

QUALIFICATIONS GUIDELINES

Education and/or Experience

Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Facilities Technician. A typical way of obtaining the required qualifications is to possess the equivalent of four years of journey level experience in one or more trades (electrical, plumbing, carpentry and HVAC), and a high school diploma or equivalent. Completion of training in specialized areas of new construction facilities maintenance is highly desirable.

CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS

Possession of a Class C California driver's license is required. Certification as a journeyman electrician, EPA certification card for refrigeration recovery and recycling and HVAC certification are desirable.

15.E.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
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 the Third Amendment Agreement with Liebert, Cassidy, Whitmore for Continued Representation in Employee-Related Matters, for an Annual Not-to-Exceed Amount of $225,000, Authorizing the City Manager to Execute the Third Amendment Agreement

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the Third Amendment Agreement with Liebert, Cassidy, Whitmore for continued representation in Employee- Related Matters, for an annual not-to-exceed amount of $225,000, authorizing the City Manager to execute the Third Amendment Agreement.

BACKGROUND:

The City has utilized Liebert Cassidy Whitmore (LCW) since August 2019 on all labor and personnel matters. LCW is a well-respected and known firm representing multiple California governmental agencies for personnel and labor legal support. Since assuming this role, LCW has successfully assisted the City with labor negotiations for all represented employee groups and consulted on multiple, complex personnel matters including discipline, termination, termination appeal, and agency reorganization.

ANALYSIS:

During the lifetime of the agreement with LCW, there has been a trend of increased costs due to a variety of labor and personnel matters. In Fiscal Year (FY) 2021-22, labor negotiations were successfully completed with all bargaining groups, in succession, months apart from each other.

Additionally, there was an increased need for consultation on complex personnel matters including discipline, termination, and termination appeal. The increased demand for these services incurred additional charges.

15.F.

In discipline, employee on consultation for extended continued was there 2022-23, FY need termination, and termination appeal cases. Although FY 2022-23 did not exceed the approved agreement, the minimum threshold was raised on what a representative year could look like.

Currently in FY 2023-24, the demand for personnel consultation continues with the added need for assistance with negotiation of successor labor agreements with each City bargaining group.

DISCUSSION:

Under the current $100,000 agreement with LCW, a representative fiscal year with minimal-to-no labor negotiations would remain within the limits of the agreement. However, given that personnel matters have seen a continued need for extended consultation, bargaining unit reopener discussions are taking place, and successor MOU negotiations are set to begin, a need to increase the annual not-to-exceed amount exists. While the City can anticipate increased costs due to labor negotiations, there is no way to accurately anticipate increased costs due to personnel matters.

With Council's approval, staff will continue the ongoing agreement with LCW with a third amendment increasing the annual not-to-exceed amount from $100,000 to $225,000 due to the increased, ongoing, and unanticipated demand for LCW's services.

PREVIOUS COUNCIL ACTION:

Council previously approved a one-time not-to-exceed amount of $135,000 for FY 2021-22 on August 9, 2022.

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

FISCAL IMPACT:

No fiscal impact as there are sufficient funds available in the legal fund remaining for FY 2023-24.

ALTERNATIVE(S):

Council may either choose to not approve this amendment or may choose to request more information on this amendment for consideration at a later date.

ATTACHMENT(S):

Attachment 1: Resolution Approving the Third Amendment with LCW Increasing the Annual Not-to- Exceed Amount to $225,000
Attachment 2: Liebert Cassidy Whitmore - Legal Negotiator - Third Amendment - 2020

15.F.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE THIRD

AMENDMENT WITH LIEBERT, CASSIDY, WHITMORE

FOR CONTINUED REPRESENTATION IN EMPLOYEE-

RELATED MATTERS, FOR AN ANNUAL NOT-TO-
EXCEED AMOUNT OF $225,000.00, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE THIRD AMENDMENT
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 (“City”) has utilized Liebert, Cassidy, Whitmore (LCW), a well-respected and known firm representing multiple California governmental agencies for personnel and labor legal support, since August 2019 on all labor and personnel matters; and
WHEREAS, LCW has successfully assisted the City with labor negotiations for all represented employee groups and consulted on multiple, complex personnel matters including discipline, termination, termination appeal, and agency reorganization; and WHEREAS, the City has realized an increased and ongoing demand for labor and personnel consultation services; and
WHEREAS, this increased demand in services has necessitated an increase in the current agreement’s annual not-to-exceed amount to help mitigate any potential pitfalls due to the increased or unanticipated demand; and

15.F.

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, Council approves the ongoing agreement with LCW with a third amendment increasing the annual not-to-exceed amount from $100,000.00 to $225,000.00.

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

SECTION 1.Approval of the third amendment with Liebert, Cassidy, Whitmore increasing the annual not-to-exceed amount from $100,000.00 to $225,000.00, authorizing the City Manager to execute the third amendment.

SECTION 2.The effective date of this amendment will be the date of approval of this Resolution, January 30, 2024.

15.F.

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.F.

CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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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 30th day of January, 2024, 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.

00091753.1

THIRD AMENDMENT TO
AGREEMENT 2020-001

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

LIEBERT CASSIDY WHITMORE

A PROFESSIONAL CORPORATION
DATED: JANUARY 30, 2024

15.F.

THIRD AMENDMENT TO AGREEMENT

This Third Amendment to the Special Services Agreement for Legal Negotiator Services is made and entered into as of this 30th day of January 2024, by and between the City of Hemet (“City”), a California municipal corporation, and Liebert Cassidy Whitmore, a professional corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Special Services” dated September 10, 2019,
(“Agreement”) for the purpose of retaining the services of Consultant to provide Legal Negotiator Services.

B. On May 1, 2020, the parties executed a First Amendment to Special Services (“First Amendment”) that increased the annual Not to Exceed amount from $50,000 to $100,000.

C. On July 28, 2022, the parties executed a Second
Amendment to Special Services (“Second Amendment”)
that increased the Not to Exceed amount for Fiscal Year 2021-22, to $135,000, this was approved by the council on August 9, 2022.

D. Pursuant to Section 3 of the Agreement, the Parties now desire to amend the Agreement to increase the not-to-
exceed compensation amount.

E. This Third Amendment amends Section 3 to provide that the Compensation shall not exceed Two Hundred and
Twenty-Five Thousand Dollars $225,000, per City Fiscal
Year.

15.F.

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 [Fees, Costs, Expenses]. Section 3 of the
Agreement is hereby amended to increase the Not
to Exceed Amount to $225,000, per City Fiscal
Year.

2.MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60)
days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant 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.

15.F.

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 3, 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 Consultant.

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]

15.F.

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

15.F.

ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTA
NT
By:

Its:

15.F.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving and Ordering the Summary Vacation of Existing Right-of-Way for Portions of Menlo Avenue and Street B

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving and Ordering the Summary Vacation of Existing Right-Of-Way for Portions of Menlo Avenue and Street B.

BACKGROUND:

During the review of Tract Map 36510 for the Ramona Creek development, it was noted that the proposed Rose Road was offset as it connected to the neighboring “B” street in Tract Map 36759 for the Tres Cerritos East development. Tentative Tract Map 38309 had attempted to solve this alignment issue for this connection but did not meet the City’s minimum design standards. Therefore, this process was necessary to both fix the alignment of the future streets and make the streets meet the minimum street design standards.

Both Tracts 36510 and 36759 are under the same ownership and control and this owner agreed to make this application to process this summary vacation of the existing right-of-way and dedicate the replacement right-of-way that meets the City standards.

The City is authorized to vacate street right-of-way when it is no longer needed for street purposes, or in this case, when alternative right-of-way for streets is provided in an alternative alignment or location.

ANALYSIS:

Pursuant to the provisions of Public Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the California Streets and Highways Code, Section 8300 et seq.) and specifically

15.G.

Chapter 4, “Summary Vacation”, the City Council may proceed with the summary vacation of the subject public right-of-way that has been superseded by a relocation.

A dedication for Menlo Avenue and Street B has been submitted, reviewed, and approved. The dedication will be accepted by the City Manager under the authority of resolution, therefore this vacation is consistent with Section 8330(a). The dedication is also attached to this report for reference.

DISCUSSION:

The City Engineer and consultant City Surveyor have reviewed the vacation legal description and plat and find that it is technically correct.

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Hemet, California, approving and ordering the summary vacation of existing right-of-way for portions of Menlo Avenue and Street B as described and shown in Exhibits A and B attached.

PREVIOUS COUNCIL ACTION:

There has been no previous Council action.

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.

FISCAL IMPACT:

There are no impacts to the General Fund.

ALTERNATIVE(S):

1. Do not approve the summary vacation.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1 - Resolution ROW Vacation Tract 36759
Attachment 2 - Street Vacation Legal Description and Plat Attachment 3 - 20231019 Menlo Ave and Street B Dedication

15.G.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA APPROVING AND ORDERING

THE SUMMARY VACATION OF EXISTING RIGHT-OF-

WAY FOR PORTIONS OF MENLO AVENUE AND STREET
B WITHIN TRACT 36759
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, during a review of Tract Map 36510, an alignment issue was found at the proposed connection of Rose Road in Tract 36510 and Street B in Tract 36759; and
WHEREAS, upon further review of Street B and Menlo Ave within Tract 36759, there were issues found with the horizontal radius not meeting the City’s minimum design standards; and
WHEREAS, the single owner of both Tracts agreed to apply for a vacation of the existing right-of-way and replace with a new right-of-way dedication that satisfies alignment requirements and minimum design standards; and WHEREAS, City staff recommends that City Council proceed under the provisions of Public Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the California Streets and Highways Code, Section 8300 et seq.) and specifically Chapter 4 (“Summary Vacation”) commencing with Section 8330 thereof, to summarily vacate existing right-of-way for portions of Menlo Avenue and Street B with a superseded relocation of Menlo Avenue and Street B; and

15.G.

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, a summary vacation is requested for those portions of Menlo Avenue (99.00 feet-wide), “B” Street (70.00 feet-wide), Lot M, Lot N, Lot U, and Lot V on Tract Map 36759, in the City of Hemet, County of Riverside, State of California, as shown on file in Book 453, Pages 53 through 61, inclusive, of Maps, in the Office of said County Recorder, and lying within Section 7, Township 5 South, Range 1 West, San Bernardino Base and Meridian; and
WHEREAS, this public service easement summary vacation action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15061 (b)(3); this resolution of vacation is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment; this resolution of vacation will not result in any changes to existing environmental conditions; therefore, there is no possibility that the adoption of this resolution will have a significant effect on the environment, and this public service easement summary vacation action is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3).

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

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. The City Council hereby finds from all the evidence presented that the public right-of-way of a portion of Menlo Avenue and Street B, which is described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein by reference, is being superseded by a dedication for Menlo Avenue and B Street, and is, therefore, hereby ordered vacated.

15.G.

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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SECTION 3. This public right-of-way summary vacation is hereby ordered by the City Council pursuant to the authority set forth under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code.

SECTION 4. This public right-of-way summary vacation does not change the area land use designation and is, therefore hereby found and determined to be in conformity with the City of Hemet General Plan Land Use Element and Circulation Element (Streets and Highways Code Section 8313(a).

SECTION 5. The City Clerk shall cause a certified copy of this resolution of vacation, attested to by the City Clerk under seal, to be recorded in the Office of the Riverside County Recorder, California, in accordance with the provisions set forth in Section 8336 of the Streets and Highway Code.

SECTION 6. From and after the date this resolution is recorded, the public right- of-way identified herein shall no longer constitute a public right-of-way, the vacation shall be complete, and the public right-of-way is extinguished.

15.G.

CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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27 28
PASSED, APPROVED AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.G.

CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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17 18
19 20
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23 24
25 26
27 28
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 30th day of January, 2024, 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.

EXHIBIT“A”LEGALDESCRIPTIONMENLOA VENUEAND“B”STREETV ACATION ThoseportionsofMenloAvenue(99.00feet-wide),“B”Street(70.00feet-wide),LotM,LotN,LotU,andLotVonTractMap36759,intheCityofHemet,CountyofRiverside,StateofCalifomia,asshownonfileinBook453,Pages53through61,inclusive,ofMaps,intheOfficeofsaidCountyRecorder,andlyingwithinSection7,Township5South,Range1West,SanBemardinoBaseandMeridian,moreparticularlydescribedasfollows:

MENLOA VENUE
ThatportionofsaidMenloAvenuelyingSouthwesterlyofthefollowingdescribedline:

COMMENCINGatthecenterlineintersectionofsaidMenloAvenue(99.00feet-wide),and“A"Street(70.00feet-wide)onsaidTractMap36759; ThencealongthecenterlineofsaidMenloAvenue,South40°15’08”West,670.19feet;Thenceleavingsaidcenterlineatright—angle,North49°44’52"West,55.00feet,toapointontheNorthwesterlyRight-of-WayofsaidMenloAvenue,totheTRUEPOINTOFBEGINNING;ThenceleavingsaidNorthwesterlyRight-of-WayofMenloAvenueatright-angle,South49°44’52"East,9900feet,toapointontheSoutheasterlyRight—of-WayofsaidMenloAvenue,andtothePOINTOFTERMINUS.CONTAINING:3.79Acres,moreorless. “B”STREET
Thatportionofsaid“B”StreetlyingWesterlyofthefollowingdescribedline:

COMMENCINGatthecenterlineintersectionof“B"Street(70.00feet-wide),and“C"Street(56.00feet-wide)onsaidTractMap36759; Thencealongthecenterlineofsaid“B”Street,North89°01’01"West,645.45feet;Thenceleavingsaidcenterlineatright-angle,North00°58’59"East,40.00feet,toapointontheNortherlyRight-of-Wayofsaid“B"Street,andtotheTRUEPOINTOFBEGINNING; ThenceleavingsaidnortherlyRight-of-Wayof“B”Streetatright-angle,South00°58’59"West,7000feet,toapointontheSoutherlyRight-of-Wayofsaid“B”Street,andtothePOINTOFTERMINUS.CONTAINING:122Acres,moreorless.

EXHIBIT“B”attachedheretoandbythisreferencemadeparthereof.

Thisdescriptionwaspreparedbymeorundermydirection.

Page1of1

15.G.

EXHIBIT"B" 7MENLOA VENUEAND"B"STREETV ACATIONP.0.C.MENLOA VENUE SCALE:1"=2OO’
SCALE1"=2OO'

MENLOA VENUE
LOT9
TRUEPOINTOFBEGINNINGPOINTOFCOMMENCEMENTPOINTOFTERMINUSDENOTESRECORDDATAPERMIB4453/53*61.TRACTMAP36759M.B.453/53-61 56'LOT10T.P.0.B.
—"c"STREET
"B"STREET, P.0.C.40-00 "B"STREET(N89'01'O1"W345.45‘)
9' ” '
EE 3000’BI-0) DATATABLE
U) BEARING/DELTARADIUSLENGTHa: LOT151 N49'44'52"W
——

99.00’g 2 N4o'15'Ds”E
——
670.19’5 3 (N60°12’47"E)
—— (159.23)4 (NOO'03'44"E)——
(69.59’)5 NOO'58'59”E
——

70.00’@ e (54°13’4s")(3oo.oo’)(2a3.95')7 (N34°47'24"W)
——
(1o0.o0')
- 8 (5s'o4'os")(3oo.oo’)(3o4.o5')9 (N87'O8'39"E)——
(Too.oo’)10(o2'59'25”)(12oo.oo')(s2.s3')
_ DEVONSIj_IREA VENUEINDEXMAP SHEET1OF1SHEETMENLOA VENUEAND"B"STREETV ACATIONMichaelBakerTRACTMAP36759,M.B.453/53-61SECTIONS7,T.5S.,R.1W.,S.B.M. INTERNATIONALJ

15.G.

MICHAELBAKERINTERNATIONALCLOSUREREPORTDATE:10/12/2623AT3:45PMPROJECT:184116DESCRIPTION:MENLOA VE&BSTREETV ACATIONCREATEDBY:DANNYMARQUEZ TRA VERSEOF:Boundary1
—

MENLOA VENUEBEARINGDISTANCESTARTINGAT
S494452E 99.@0'TO
S401508M 381.49'TO
N494452N(R)1647.60‘TO
DELTA= 195739RADIUS=
CHORD= S501357W
S294713E(R)1647.06‘TO
5661247W 159.23'TO
S294713E(R) 556.0@'TO
DELTA= 59e9asRADIUSCHORD= s39as15N
N895616w(R) 556.00‘
599as44N 54.81‘
s444749E 21.27'
N393994W 59.ee'
Nea9344E 332.32‘
5661725E(R) 655.66‘
DELTACHORD= N415741E
N294713N(R)
N691247E
N294713N(R)
655.00‘
159.23‘
1548.06’
T0
T0
T0
T0
T0
T0
363912RADIUS=
T0
T0
T0
NORTHING2217079.184
2217815.214
2216724.058
2217788.273
1647.09'570.89‘LENGTHTANGENT
2216358.875
2216279.773
2215797.233
556.00’557.27'LENGTHTANGENT
2215797.834
2215743.024
2215727.936
2215728.289
2216960.609
2215797.231
655.66‘410.28‘LENGTHTANGENT
2216365.691
2216444.793
2217788.269
EASTING6336S35.424
6336616.982
6336364.481
6335107.478
573.79’289.83'
633592S.668
633S787.476
6336063.683
= S83.71'321.98’
6335567.683
6335507.624
6335S22.610
6335463.611
6335463.972
6336063.686
417.36‘216.01'
633S738.297
6335876.490
6335107.48B

15.G.

DELTA= 195739RADIUS= 1548.00’LENGTH= 539.30'CHORD= N501357E 536.57’TANGENT= 272.41' S494452E(R)1548.00’TO 2216788.0226336288.922
N401508E 381.49’TO 2217079.178633653S.423
ERROROFCLOSURENORTH= 0.00524970EAST= 0.00084S21BEARINGN090846E DISTANCE=0.0053AREA= 165,022.70SF 3.788ACRESPERIMETER= 3,761.94' PRECISION= 1:707490 TRA VERSEOF:Boundary2— "B"STREET—
NORTHWESTBEARINGDISTANCENORTHINGEASTINGSTARTINGAT 2216578.461633S464.531 S000344W 70.00'T0 2216S08.4616335464.4S5
N000758E(R) 1230.00’TO 2217738.4586335467.305
DELTA= 025919RADIUS= 1230.00‘LENGTH= 64.16‘CHORD= N883819E 64.15’TANGENT= 32.09' S025121E(R) 1230.00’TO 2216509.9856335528.587
N870839E 100.00'TO 2216514.9686335628.462
S025121E(R) 270.00’T0 2216245.303633S641.915
DELTA= 460428RADIUS= 270.00’LENGTH= 217.12‘CHORD= S694907E 211.32'TANGENT= 114.82' N431307E(R) 270.00’TO 2216442.0646335826.808
S171151W 32.70'TO 2216410.8266335817.140
N601247E 68.38'TO 2216444.7956335876.486
N294713W(R)1548.00‘TO 2217788.2716335107.476
DELTA= 014041RADIUS= 1548.00’LENGTH= 45.34'CHORD= N592227E 45.33’TANGENT= 22.67‘ S312754E(R) 1548.00’T0 2216467.888633591S.493
N812955N 19.28‘TO 2216470.7386335896.425
S482801W(R) 340.00'T0 2216245.300633S641.910

15.G.

DELTA= 511922RADIUS=
CHORD= N671149N
N925121w(R) 349.99’TO
587as39N 1ee.ee'TO
N925121N(R)1160.00‘To
DELTA= 025935RADIUS=
CHORD= Sas3826N
See9814N(R) 1160.06‘T0
ERROROFCLOSUREBEARINGAREA= 31,291.63SFPERIMETER= 1,082.14’ N850711E
340.00‘294.48'
2216584.
2216579.
2217738.
1160.00'60.59’
2216578.

NORTH= 0.00120433

0.718ACRESPRECISION= 1:

LENGTHTANGENT
880
897
457

LENGTHTANGENT
460

EASTDISTANCE
TRA VERSEOF:Boundary3—
"B"STREET—

SOUTHEASTNORTHINGBEARINGDISTANCESTARTINGAT
N601247E 51.72'TO
N294713w(R)1647.00’TO
DELTA= 92e115RADIUS=
CHORD= N591219E
S314828E(R)1s47.ee'T0
5114209N 2175'To
5344724E 12.38’To
N551236E(R) 260.00’To
DELTA= 541337RADIUS=
CHORD= S615413E
Sea5859w(R) 260.00‘TO
5ea5859W 7e.ee'TO
N995859E(R) 33e.ee'To
541337RADIUS=
N615413WDELTACHORD=
2216333.
2216358.
2217788.
1647.00’58.09'
2216388.
2216367.
2216357.
2216505.
260.00'236.99'
2216245.
2216175.
2216505.
330.00’300.80’
183
876
272

LENGTHTANGENT
618
320
153
501

LENGTHTANGENT
541
552
503

LENGTHTANGENT
= 304.163.
ll
6335624.
6335525.
6335467.

60.30. 6335464.

0.0142
76441
56'35'
965
090
295
60'31'
517

0.01410519
EASTING6335880.
6335925.
6335107

58. = 29.
6335975.
6335971.
6335978.
6336191.
246.
= 133.
6336187.
6336186.
6336191.
312.= 168.
781
667
.477
09'05'
566
154
218
743
07'13'
280
079
741
32'97'

15.G.

SSS1236W(R) 330.06’TO 2216317.2156335920.727
N344724N 26.97'TO 2216334.4376335908.762
S872769W 28.01‘T0 2216333.1926335880.779
ERROROFCLOSURENORTH= 0.06908630EAST= 6.00134164BEARINGS082358E DISTANCE= 0.0092AREA= 21,983.33SF 0.585ACRESPERIMETER=821.31’ PRECISION= 1I 89420

15.G.

EXHIBIT“A”LEGALDESCRIPTIONRIGHT-OF-W AYDEDICATIONMENLOA VENUEAND“B”STREET ThoseportionsofLot4,Lot14,LotB,LotH,LotI,LotJ,LotM,LotN,LotU,andLotVofTractMap36759,intheCityofHemet,CountyofRiverside,StateofCalifomia,asshownonfileinBook453,Pages53through61,inclusive,ofMaps,intheOfficeofsaidCountyRecorder,andlyingwithinSection7,Township5South,Range1West,SanBemardinoBaseandMeridian,moreparticularlydescribedasfollows:

PARCEL“A”
Beingastripofland99.00feetwide,lying55.00feetNorthwesterly,and44.00feetSoutheasterly,ofthefollowingdescribedcenterline:

COMMENCINGatthecenterlineintersectionofsaidMenloAvenue(99.00feet—wide),and“A“Street(70.00feet-wide)ofsaidTractMap36759; ThencealongthecenterlineofsaidMenloAvenue,South40°15’08”West,670.19feet,tothebeginningofatangentcurveconcaveNorthwesterly,havingaradiusof1000.00feet,andtotheTRUEPOINTOFBEGINNING; ThenceSouthwesterly,537.52feetalongsaidcurvethroughacentralangleof30°47’5l tothebeginningofareversecurve,concaveSoutheasterly,havingaradiusof1000.00feet,aradiallinetosaidcurvebearsNorthl8°57’01”West; ThenceSouthwesterly,1238.97feetalongsaidcurvethroughacentralangleof70°59’l5,toapointonthewesterlyTractboundaryofsaidTractMap36759; ThencealongsaidWesterlyTractboundary,South00°03’44"West,70.99feet,tothePOINTOFTERMINUS.

ThesidelineofsaidstriparetoterminateSouthwesterlyattheWesterlyTractboundaryofsaidTractMap36759,andSoutherlyattheNortherlylineofLot“C"(DevonshireAvenue)ofsaidTractMap36759.

CONTAINING:3.83Acres,moreorless.

PARCEL“B”
COMMENCINGattheNorthwesterlycomerofLot“C”(DevonshireAvenue)ofsaidTractMap36759; ThencealongtheNortherlylineofsaidLot“C"(DevonshireAvenue),South89°39’04"East,44.00feet,totheTRUEPOINTOFBEGINNING; ThencecontinuingalongsaidNortherlyline,South89°39’04”East,1500feet; ThenceleavingsaidNortherlyline,North44°47’40"West,21.27feet; ThenceSouth00°20’56"West,1500feet,tothePOINTOFTERMINUS.

CONTAINING:l13SquareFeet,moreorless.

Page1of3

15.G.

EXHIBIT“A”LEGALDESCRIPTIONRIGHT-OF-W AYDEDICATIONMENLOA VENUEAND“B”STREET PARCEL“C”
COMMENCINGatthecenterlineintersectionof“B"Street(70.00feet-Wide),and“C"Street(56.00feet-wide)ofsaidTractMap36759; Thencealongthecenterlineofsaid“B"Street,North89°01’01"West,645.45feet,totheTRUEPOINTOFBEGINNING; Thenceleavingsaidcenterlineatrightangle,North00°58’59”East,40.00feet; ThenceNorth89°01’O1”West,75.15feet,tothebeginningofatangentcurveconcaveNortherly,havingaradiusof560.00feet; ThenceNorthwesterly,380.12feetalongsaidcurvethroughacentralangleof38°53’30”; ThenceNorth50°07’31"West,23.92feet;
ThenceNorth13°]l’l8"West,28.77feet,toapointontheSoutheasterlylineofsaidParcel“A”,saidpointbeingonanon-tangentcurveconcaveSoutheasterly,havingaradiusof956.00feet,aradiallinetosaidcurvebearsNorth49°24’05”West; ThenceSouthwesterly,117.02feetalongsaidSoutheasterlylineandalongsaidcurvethroughacentralangleof07°00’48"; ThenceleavingsaidcurveandsaidSoutheasterlylinenon-tangent,North77°37’51”East,37.34feet; ThenceSouth50°07’31"West,1838feet,tothebeginningofatangentcurveconcaveNortherly,havingaradiusof630.00feet; ThenceSoutheasterly,427.64feetalongsaidcurvethroughacentralangleof38°53’30”; ThenceSouth89°01’0l"East,75.15feet;
ThenceNorth00°58’59“East,30.00feet,totheTRUEPOINTOFBEGINNING.

CONTAINING:0.86Acres,moreorless.

PARCEL“D”
COMMENCINGattheNorthwesterlycornerofsaidLotG;
ThencealongtheWesterlyTractboundaryofsaidTractMap36759,South00°03’44"West,21.14feet,totheTRUEPOINTOFBEGINNING; ThencecontinuingalongsaidWesterlyTractboundary,South00°03’44"West,73.35feet,tothebeginningofanon-tangentcurveconcaveSoutliwesterly,havingaradiusof570.00feet,aradiallinetosaidcurvebearsNonh18°31‘15"East; ThenceSoutheasterly,146.41feetalongsaidcurvethroughacentralangleof14°43’01"; ThenceleavingsaidcurveSouth09°25’59”West,29.73feet,toapointontheNorthwesterlylineofsaidParcel“A",saidpointbeingonanon-tangentcurveconcaveSoutheasterly,havingaradiusof1055.00feet,aradiallinetosaidcurvebearsNorth55°49’07"West; Page2of3

15.G.

EXHIBIT“A”LEGALDESCRIPTIONRIGHT-OF-W AYDEDICATIONMENLOA VENUEAND“B”STREET ThenceNortheasterly,113.00feetalongsaidNorthwesterlylineandalongsaidcurvethroughacentralangleof06°08’13”; ThenceleavingsaidcurveandsaidNorthwesterlylinenon-tangent,South7l°12’54"West,19.69feet,tothebeginningofanon-tangentcurveconcaveSouthwesterly,havingaradiusof640.00feet,aradiallinetosaidcurvebaresNorth33°56’06"East; ThenceNorthwesterly,195.41feetalongsaidcurvethroughacentralangleofl7°29’38”,totheTRUEPOINTOFBEGINNING‘ CONTAINING:0.30Acres,moreorless.

EXHIBIT“B”attachedheretoandbythisreferencemadeparthereof.

Thisdescriptionwaspreparedbymeorundermydirection.

Date:IOI‘LII56oh4Duquette,PL66
Page3of3

15.G.

M EXHIBIT"B"2 Q E3 ȤW$H,mm:RIGHT-OF-W AYDEDICATION
ifE E MENLOA VENUEAND"B"STREET.\Q1: 3 Av
200100o 200 /»s~,§>SCALE:"=2oo’ /?/\
SCALE1"=200'(D/rnrn/m/IrnF"!—|9*‘3W3U)—|I|"'|l"'|—I
— —
—”c"STREET!
I-L..ILuDC5 LggmpzP.o.c.
—
POINTOFCOMMENCEMENTI P.O.T.- POINTorTERMINUS&’ T.P.O.B. —
TRUEPOINTOFBEGINNINGL>I-JU D5 PARCELBDEVONSHIRE_A VENUE i
INDEXMAP SHEET1OF3SHEETSRIGHTorW AYDEDICATIONMENLOA VENUEANDSTREET"B" MmhaelBaker SECTIONS7,T.5S.,R.1W.,S.B.M. INTERNATIONAL

15.G.

EXHIBIT"B"RIGHT—OF—W AYDEDICATIONMENLOA VENUEAND”B”STREET SCALE1"=200'
200100O 200
SCALE:1"=2OO’
PARG."D"SEESHEET3 LOT9

MYERSSTREET

DATATABLEBEARING/DELTARADIUSLENGTH
V
N00°03'44"E
——
7121’gN89'39'O4"W
—— ‘44:00’12 A
3 N49'44'52"w‘ (R)‘99.00’I4 N44"47'4o"wi ——

21.27’5 Noo'2o'5e"E
——

15.00’
5? PARCEL"A" -»
:5? LT]MENLOA VENUEPA'39ls.p.B‘g P.0.C.E T.P.0.B.Q)LOT"E"Q PARCEL"B"U) PARCEL"B"44.00'LOT5 E N89'39’O4"W59.00’LOT__c_, \ LOTCg __ 2 DETAIL”A”DEVONSHIREA VEME
‘
TSCE:1"=20'AL SHEET2OF3SHEETSRIGHTOFW AYDEDICATION ih IBakerMENLOA VENUEANDSTREET”B” MCae SECTIONS7,TISSA,R.1W.,S.B.M. INTERNATIONAL

15.G.

EXHIBIT"B". RIGHT-OF-W AYDEDICATION*‘ MENLOA VENUEAND”B”STREET6)’ N49'__4“05"_w~(BA / A / DATATABLEBEARING/DELTARADIUSLENGTHN89°O1'O1"W-- 7515'N50'O7'31"W-- 23.92’N13'11'18"W-- 28.77'PARCEL"C" T.P.0.B.

J
_ A
~ N2:-:9-gaW23:53»g\ N50°07‘31”W
--

18.38’N890101W -- 75.15:00
' 8'59"E-- 70.00’5*!‘ N50'07'31"W-- 45,92’8‘ N0O"03'44"E-- 9450'E9 ,‘_N09'25'59"E-- 2973'2| '08'13"1055.00’113.00’N 4"E-- 19.69’I120313600.00’I178.58''o2’12”1055.00’55.91’os'o1"1055.00’57.09’ =1oo_ _(5L3;}:[:§j:5<om~qU>m¢-un>_‘aZO0U1SCALE1"ma'_31'15"E 1O050 O 1O0
SCALE:1”=100'SHEET3OF3SHEETSRIGHTOFW AYDEDICATIONMENLOA VENUEANDSTREET”B” MmhaelBaker SECTIONS7,T.5S.,R.1W.,S.B.M. INTERNATIONAL

15.G.

MICHAELBAKERINTERNATIONALCLOSUREREPORTDATE:10/19/2623AT9:15AMPROJECT:184116DESCRIPTION:RIGHT-OF—wAYDEDICATIONCREATEDBY:DANNYMARQUEZ TRA VERSEOF:Right-o-F-way1- PARCEL"A"BEARINGDISTANCENORTHINGEASTINGSTARTINGAT 2217784.03S6326390.594 N893904W 44.00’TO 2217784.3036326346.S95
N006344E 76.99‘TO 2217855.2936326346.672
N060344E 336.19’TO 2218191.4836326347.637
S712120E(R)1055.00'TO 2217854.2056327346.672
DELTA= 522419RADIUS= 1055.00'LENGTH= 964.95'CHORD= N445050E 931.67’TANGENT= 519.18' N185701N(R)1055.06’TO 2218852.0276327004.069
N185701W(R) 945.09’TO 2219745.8096326697.182
DELTA= 304751RADIUS= 945.6@'LENGTH= 507.95’CHORD= N553904E 561.86‘TANGENT= 266.27’ S494452E(R) 945.09’TO 2219135.1926327418.413
S494452E 99.00‘TO 2219071.2236327493.97O
N494452W(R)1944.66'TO 2219745.8076326697.182
DELTA= 364751RADIUS= 1044.00'LENGTH= 561.17'CHORD= S553904W 554.44’TANGENT= 287.54’ S185701E(R)1044.06’TO 2218758.3916327636.215
S185701E(R) 956.60'TO 2217854.2656327346.674
DELTA= 705915RADIUS= 956.00'LENGTH= 1184.45’CHORD= S353322W 1110.14‘TANGENT= 681.75' N895616W(R) 956.00'TO [email protected]
S000344W 71.21‘TO 2217784.6306326390.592
ERROROFCLOSURENORTH=0.00468619EAST= 0.00292118

15.G.

DISTANCE3.834ACRESBEARINGN31S616EAREA= 166,989.82SFPERIMETER= 3,839.92‘ TRA VERSEOF:Right-o‘F—way2
— PARCEL"B"BEARINGDISTANCENORTHINGSTARTINGAT 2217784.635 S893964E 15.66‘TO 2217783.944
N444746W 21.27’TO 2217799.638
S666344W 1S.66'TO 2217784.638
ERROROFCLOSURENORTH= 6.66269324EASTBEARINGS444746E DISTANCEAREA= 112.49SF 6.663ACRESPERIMETER= 51.27’ PRECISION= 1:

TRA VERSEOF:Right-of-way3— PARCEL"C"BEARINGDISTANCENORTHINGSTARTINGAT 2218383.644 N773751E 37.34‘TO 2218391.643
S566731E 18.38’TO 2218379.259
N395229E(R) 636.66'TO 2218862.751
DELTA= 385336RADIUS= 636.66‘LENGTHCHORD= S693416E 419.47’TANGENT S665859W(R) 636.66'TO 2218232.845
S896161E 75.15‘TO 2218231.556
N665859E 76.66'TO 2218361.546
N896161W 75.15'T0 2218362.835
N66S859E(R) 566.66’TO 2218862.753
DELTA= 385336RADIUS= S66.66'LENGTHCHORD= N693416W 372.87‘TANGENT S395229W(R) 566.66'T0 2218432.983
N566731W 23.92'TO 2218448.319
PRECISION= 1:
=6.6655
695372
EASTING6326396.594
6326465.594
6326396.668
6326396.592
=6.66267399
=6.6638
13569
EASTING6326556.263
6326586.736
6326666.842
6327664.742
= 427.64’222.42‘
6326993.936
6327669.669
6327676.276
63Z6995.131
6327664.739
= 386.12’197.71'
6326645.712
6326627.3S5

15.G.

N131118W 28.77’TO 2218476.330
S492405E(R) 956.00'TO 2217854.207
DELTA= 070048RADIUS= 956.00'LENGTHCHORD= S370531W 116.95’TANGENT N562453W(R) 956.00‘TO 2218383.043
ERROROFCLOSURENORTH=0.00159058EASTBEARINGN694315E DISTANCEAREA= 37,327.97SF 0.857ACRESPERIMETER= 1,253.49’ TRA VERSEOF:Right—o-F—way4
— PARCEL"D"BEARINGDISTANCENORTHINGSTARTINGAT 2218446.921 N092559E 29.73'TO 2218476.249
S331416W(R) 570.00’TO 2217999.500
DELTA= 144301RADIUS= 570.00'LENGTHCHORD= N640714W 146.01‘TANGENT N183115E(R) 570.00'TO 2218539.980
N000344E 73.35’TO 2218613.330
S162628W(R) 640.00'TO 2217999.499
DELTA= 172938RADIUS= 640.00'LENGTHCHORD= S644843E 194.65‘TANGENT N335606E(R) 640.00'TO 2218530.488
N711254E 19.69'TO 2218536.829
S494054E(R)1055.00‘TO 2217854.208
DELTA= 060813RADIUS= 1055.00'LENGTHCHORD= S371500W 112.95’TANGENT N554907W(R)1055.00’TO 2218446.921
ERROROFCLOSURENORTH= 0.00087085EASTBEARINGN024913N DISTANCEAREA= 12,997.92SF 0.298ACRES PRECISION= 11
6326620.791
6327346.669
117.02’58.58’
6326550.259

0.004304680.0046
273143
EASTING6326473.909
6326478.782
6326166.357
41'61'146.73.
6326347.415
6326347.494
6326166.355
41'47'195.98.
6326523.636
6326542.277
6327346.674
00'55'113.56.
6326473.910
=0.000042900.0009

15.G.

PERIMETER=577.S9'
TRA VERSEOF:Right—o-F-way5— PARCELBEARINGDISTANCESTARTINGAT Neee344E 7e.99'TO
5895616E(R)1eee.ee'To
DELTA= 795915RADIUS=
CHORD= N353322E
N1357e1N(R)1eee.ee'TO
S1857e1E(R)1eee.ee'TO
DELTA= 7a5915RADIUS=
CHORD= S353322N
N395616w(R)1eee.ee'TO
5ea9344W 79.99‘To
ERROROFCLOSUREBEARINGAREA= 12,756.35SFPERIMETER=3,694.96’ N900000E

PRECISION
"An_ CLNORTHING2217784.303
22178S5.293
2217854.207
1000.00'1161.23’
2218800.008
2217854.207
1000.00’1161.23'
22178S5.293
2217784.303
NORTH= 0.00000000

0.293ACRES

LENGTHTANGENT
LENGTH=

TANGENT

EASTDISTANCE
1:662444
EASTING6326346.595
6326346.672
6327346.671
1238.97’713.13'
6327021.927
6327346.675
1238.97’713.13'
6326346.672
6326346.595

0.000000000.0000
CLOSUREERROR:0.0000

15.G.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit Agreement for Facility Construction by and Between the City of Hemet and Pulte Home Company, LLC Associated with the Walden Weaver Road (Formerly New Stetson Avenue) Street Improvements and Authorize the City Manager to Execute the Credit Agreement in the Final Form as Approved by the City Attorney

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 Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit Agreement for Facility Construction by and Between the City of Hemet and Pulte Home Company, LLC Associated with the Walden Weaver Road (Formerly New Stetson Avenue) Street Improvements and Authorize the City Manager to Execute the Credit Agreement in the Final Form as Approved by the City Attorney.

BACKGROUND:

City Ordinance No. 1639 and Article III of Chapter 58 of the City’s Municipal Code establishes a Traffic Impact Fee to be paid before the issuance of a building permit for a residential dwelling unit for the City’s arterial and collector street system (i.e., Bridges, Street, and Traffic Fee), and establishes a mechanism for providing credits and reimbursement to developers for constructing and installing eligible public capital street improvements.

The rate of the TIF is established by the City of Hemet Development Impact Fee Study (“DIF Study”), which was adopted by the City Council on January 23, 2006. The improvements which are components of the Capital Improvement plan constructed under the Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit and Reimbursement Agreement are identified in the DIF Study as improvements that are to be funded with the fees collected under the DIF program, and thus, are eligible for DIF credit and/or reimbursement.

15.H.

On August 8, 2023, the City Council approved a Subdivision Improvement Agreement (SIA) and Final Tract Map 35392. As part of the Subdivision Improvement Agreement, Pulte Home Company, LLC was required to construct the streets associated with the Offsite Street Improvement/Storm Drain Plans, which includes Walden Weaver Road (Formerly New Stetson Ave). On December 12, 2023, the City Council approved the Improvement and Credit Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) and Pulte Home Company, LLC for the Transportation Uniform Management Fee (TUMF) Program for Transportation System Improvements along Walden Weaver Road (formerly known as New Stetson Road).

ANALYSIS:

Pulte Home Company, LLC is the current owner of the tract identified as Tract 35392. As a condition of approval for the development, the developer is required to construct certain improvements described in the attached Credit and Reimbursement Agreement, which are adjacent to and a part of the DIF Nexus Study of 2006.

The improvements for New Stetson Avenue are identified in the DIF Study and are eligible for credit and/or reimbursement. The total amount of the credit or reimbursement cannot exceed the maximum value of the improvements as determined by the DIF Study or the actual cost, whichever is less. The estimated not to exceed the amount of the DIF credit for this Agreement is $773,891.

DISCUSSION:

Staff recommends that the City Council Adopt a Resolution approving the Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit and Reimbursement Agreement by and between the City of Hemet and Pulte Home Company, LLC associated with Walden Weaver Road (formerly New Stetson Avenue) street improvements and authorize the City Manager to execute the Credit Agreement in the final form as approved by the City Attorney.

PREVIOUS COUNCIL ACTION:

August 8, 2023 – The City Council approved the Subdivision Improvement Agreement (SIA and Final Tract Map No. 35392.

December 12, 2023 – The City Council approved the Improvement and Credit Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) and Pulte Home Company, LLC for the Transportation Uniform Management Fee (TUMF) Program for Transportation System Improvements along Walden Weaver Road (formerly known as New Stetson Ave).

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.

FISCAL IMPACT:

15.H.

There are no impacts to the General Fund.

ALTERNATIVE(S):

1.Do not approve the Credit and Reimbursement Agreement.

2.Provide alternative direction to the City Manager.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1 Resolution DIF Credit Agreement with Pulte Attachment 2 - Pulte - Morgan Crossing, DIF Credit Agreement (1)

15.H.

CITY OF HEMET RESOLUTION NO. XX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE BRIDGES,

STREET, & TRAFFIC IMPACT FEE (TIF) STREET

IMPROVEMENT CREDIT AND REIMBURSEMENT

AGREEMENT FOR FACILITY CONSTRUCTION BY AND

BETWEEN THE CITY OF HEMET AND PULTE HOME

COMPANY, LLC ASSOCIATED WITH THE WALDEN

WEAVER ROAD (FORMERLY NEW STETSON AVENUE)

STREET IMPROVEMENTS AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE CREDIT AGREEMENT IN

THE FINAL FORM AS APPROVED BY THE CITY

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

WHEREAS, THE City Council adopted Resolution No. 3837 setting fees for development projects (“Development Impact Fee”) with the meaning of the California Mitigation Fee Act (“ACT”) (Government Code Sections 66000 et seq); and WHEREAS, the City completed a revised study of the capital facilities and other information required by Government Code Section 66001 (“Nexus Study”). The Nexus Study dated January 3, 2006, was prepared by TischlerBise, Fiscal, Economic, and Planning Consultants. The Nexus study justified the recalculation of Development Impact Fees; and
WHEREAS, on January 23, 2006, the City Council adopted Resolution No. 3981 amending the Development Impact Fees for Residential Development; and

15.H.

CITY OF HEMET RESOLUTION NO. XX 2
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WHEREAS, Pulte Home Company, LLC is the owner of the land identified by Tract Map No. 35392 which is subject to the latest adopted Development Impact Fees; and
WHEREAS, the City and Developer now desire to enter into this Credit and Reimbursement Agreement to construct certain public improvements that are identified in the City of Hemet Development Impact Fee Study.

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

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. The City Council hereby approves the Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit Agreement for Facility Construction by and between the City of Hemet and Pulte Home Company, LLC associated with the Walden Weaver (formerly New Stetson Avenue) street improvements.

SECTION 3. The City Council hereby authorizes the City Manager to execute the attached Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit Agreement for Facility Construction by and Between the City of Hemet and Pulte Home Company, LLC associated with the New Stetson Avenue street improvements.

SECTION 4. The agreement shall be effective upon adoption by the City Council.

15.H.

CITY OF HEMET RESOLUTION NO. XX 3
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PASSED, APPROVED, AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.H.

CITY OF HEMET RESOLUTION NO. XX 4
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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 30th day of January, 2024, 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.H.

BRIDGES, STREET, & TRAFFIC IMPACT FEE (TIF)

STREET IMPROVEMENT CREDIT AGREEMENT
THIS STREET IMPROVEMENT CREDIT AGREEMENT (this “Agreement”), entered into this day of , 2023 , by and between the CITY OF HEMET, a municipal corporation, hereinafter referred to as the “City,” and PULTE HOME COMPANY, LLC, a Michigan limited liability company, hereinafter referred to as the “Developer.”

RECITALS
A. Developer is the owner of property located within the City, which property has received development approvals from the City including Tentative Tract Map No. 35392, (“Project”) as shown on Exhibit “A,” attached hereto and incorporated herein by this reference (the “Property” or the “Tract“).

B. As a condition of the development approvals for the Property, the Developer is required to construct those public improvements identified on Exhibit “B” which is attached hereto and incorporated herein, consisting of New Stetson Avenue street improvements from Warren Road to Stetson (the “Improvements”); the design of the Improvements have or will be submitted directly to the City and the estimated cost of the Improvements are set forth on Exhibit “C.”
C. The improvements to be constructed by the Developer are identified in the City Development Impact Fee Study adopted by the City Council January 23. 2006 (“DIF Study”) and are eligible for Bridges, Street, & Traffic Impact Fee (“TIF”) credits and/or reimbursement up to the amount specified in the cost estimate assumptions for the Improvements identified as $1,243,199 as shown in Table 48 of the Appendix of the DIF Study.

D. The Developer intends to develop or has developed 150 Residential units within the Tract.

E City Ordinance No. 1639 and Article III of Chapter 58 of the City’s Municipal Code establishes a Traffic Impact Fees to be paid prior to the issuance of a building permit for a residential dwelling unit for the City’s arterial, and collector street system (i.e., Bridges, Street, & Traffic Fee), and establishes a mechanism for providing credits and reimbursement to Developer for constructing and installing eligible public capital street improvements.

E. The Developer has requested that City enter into an agreement by the terms of which it can receive TIF credits from the TIF that the City has collected or will collect in the future for an amount that is not to exceed the amount specified in Exhibit “C”.

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AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises contained herein, it is agreed as follows:

Section 1. Purpose of the Agreement. Following execution of this Agreement, the Developer shall cause the Improvements to be designed, engineered, permitted and constructed and the City shall provide a TIF credit to the Developer, as determined in Section

5. Section 2. Preparation and Approval of Plans and Specifications. The Developer has or shall cause plans and specification (the “Plans”) to be prepared for the Improvements and obtain all of the permits (“Permits”) required for construction of the Improvements. The Developer shall provide a copy of the Plans to the City Engineer and shall obtain the written approval of the Plans from City.

Section 3. Duty of Developer to Construct. The Developer shall construct or cause the Improvements to be constructed in accordance with the approved Plans and the specifications approved by the City Engineer. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall not be relieved of its obligation to construct the Improvements and cause title to the Improvements to be conveyed to the City even if the Reimbursement Amount is less than the actual cost of the Improvements. Notwithstanding the foregoing, nothing set forth in this Agreement shall be construed to require the Developer to perform any work requiring a contractor’s license, nor shall the Developer be deemed to be performing construction services pursuant to this Agreement.

Section 4. Acquisition of City Facilities. The Developer hereby agrees to convey to the City and the City hereby agrees to accept the Improvements and provide the Developer a TIF credit for the Improvements, subject to the terms and conditions hereof.

Section 5. Payment of the Reimbursement Amount. The Developer acknowledges that as of the date of this Agreement the City TIF obligation of the Project is $442,200 (“TIF Obligation”). The TIF Obligation is currently less than the estimated cost of the Improvements set forth in Exhibit “C”: the estimated cost is $1,682,682 of which $442,200is eligible towards TIF credits (“TIF Credit”) and the remaining cost is eligible for City reimbursements as below. The Developer further acknowledges that this Agreement does not serve to estop the City from making further adjustments to the TIF, consistent with City policies, the DIF Study and State law. Finally, the Developer acknowledges that the City Council may consider adjustments to the TIF. In consideration for Developer's obligation under this Agreement for the delivery of the Improvements, the TIF Credit shall be applied by City to offset the TIF Obligation subject to adjustment and reconciliation as further described below. Developer and City hereby agree that the amount of the TIF Credit shall be applied after Developer has initiated the process of project delivery of the Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the TIF Credit shall be equal to the lesser of: (A) the bid amount set forth in

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the contract awarded to the lowest responsible bidder, or (B) the maximum cost for the Improvements in effect at the time the contract is awarded, as such amount is identified and determined in the DIF Study adopted by the City and the portion of the total identified segment being constructed (75% width and 83% length) in the amount of $773,891 (“Maximum Credit”).

The bid amount and the TIF Credit shall hereafter be collectively referred to as "Estimated Credit". At no time will the TIF Credit exceed the Developer's TIF Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TIF Obligation, Developer will be deemed to have completely satisfied its TIF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 5 (f) below. If the dollar amount of the Estimated Credit is less than the dollar amount of the TIF Obligation, the Developer and City agree the Credit shall be applied to offset the TIF Obligation as follows:
(1) For residential units in the Project, the TIF Credit shall be applied as building permits are issued to all residential units to offset and/or satisfy the TIF Obligation not to exceed the Estimated Credit.
(2) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TIF Obligation.
(a) Verified Costs of Improvements: Upon recordation of the Notice of Completion for the Improvements and acceptance of the Improvements by City, Developer shall submit to the City Engineer the information set forth in the attached Exhibit "D". The City Engineer, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the Improvements covered under this Agreement ("Verified Costs"). The City Engineer will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. (b) Reconciliation; Final Credit Offset Against DIF Obligation. The Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by City to offset the TIF Obligation shall be equal to the lesser of: (A) the Verified Costs or (B) Maximum Credit for the TIF Improvements as determined in accordance with Section 5 of this Agreement ("Actual Credit”). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process and a credit notice is provided to the Developer from the City (“Credit Notice”).

Please be advised that while a Developer may use an engineer’s estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process.
(c) TIF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the Estimated Credit, the Credit Notice provided to the Developer shall identify the difference owed by Developer to the City ("TIF Balance”) and Developer shall pay the TIF Balance to the City within 30 days of such Credit Notice. (d) TIF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Credit, but is less than the TIF Obligation, monies collected by City from Developer

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for the TIF Obligation shall be refunded to Developer ("DIF Overpayment”), In such case, Developer will be deemed to have fully satisfied the TIF Obligation for the residential units for which the DIF Overpayment occurred. The DIF Overpayment amount shall be identified in the Credit Notice provided by the City to the Developer. The City shall refund the Developer the DIF Overpayment within 30 days of the date the Credit Notice is provided to Developer. (e) TIF Reimbursement. If the dollar amount of the Actual Credit exceeds the TIF Obligation for the Project, Developer will be deemed to have fully satisfied the TIF Obligation for the Project and the City shall refund the Developer as described in Section 5 (d), to the extent applicable. In such case, the Developer and City shall enter into a reimbursement agreement for the amount the Actual Credit exceeds the TIF Obligation for the Project as specified in the Credit Notice (''Reimbursement Agreement”). If City agrees to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be for a period of 10 years from the date of such Reimbursement Agreement. The sole source for reimbursement shall be the TIF capital improvement fund held by the City.

Section 6. Construction Requirements.
(a) The Developer shall require, and the specifications and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job -site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to general prevailing wage rates as required by the specifications approved by the City Engineer.
(b) The Developer shall require each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to provide proof of insurance coverage satisfying the requirements of Section 11 hereof throughout the term of the construction of the Improvements. Rather than requiring its contractors to provide such insurance, the Developer may elect to provide the same for the benefit of its contractors. (c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to comply with such other requirements relating to the construction of the Improvements as the City may impose by written notification delivered to the Developer, to the extent legally required as a result of changes in applicable federal, state or City laws, rules or procedures. (d) The Developer shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to submit certified weekly payroll records to the City Engineer promptly upon request.

The Developer shall provide proof to the City Engineer, at such intervals and in such

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form as the City Engineer may require, that the foregoing requirements have been satisfied as to the Improvements.

Section 7. Licenses and Permits. The Developer shall have secured (or shall have caused to be secured) any and all permits which may be required by the City or any other governmental agency affected by the construction of the Improvements. The Developer shall be responsible for paying all applicable fees and charges to the City to obtain any land use entitlements and permits that are necessary to construct the Improvements.

Section 8. Modifications to the Estimated Cost Stated in Exhibit “C.” If during the course of construction of the Improvements, the Developer is presented with a change order or set of change orders that would increase the construction cost beyond 15%, then the Developer must receive the approval of the City Engineer before approving the change order(s). Upon approving the change order, the City Engineer will authorize a supplement to Exhibit “C” to this Agreement to be prepared. Failure to comply with this provision will result in the City not reimbursing or crediting the Developer for such change orders.

Section 9. Inspection; Completion of Construction. The City Engineer shall have responsibility for providing inspection of the work of construction of the Improvements to ensure that the work of construction is accomplished in accordance with the Plans and specifications approved by the City Engineer. City personnel shall have access to the site of the work construction at all reasonable times for the purpose of accomplishing such inspection.

No later than ten business days after receiving notification from the City that the Improvements has been constructed in accordance with the Plans, the Developer shall forthwith file with the City Clerk a Notice of Completion pursuant to the provisions of Section 3093 of the California Civil Code.

Section 10. Maintenance of Facilities; Warranties. The Developer shall maintain the Improvements in good and safe condition until their acceptance by the City. Prior to the acceptance of the Improvements, the Developer shall be responsible for maintaining the Improvements in proper operating condition and shall perform such maintenance as the City Engineer reasonably determines to be necessary. As of the date of acceptance of the Improvements, the Developer shall assign to the City all of the Developer’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Improvements.

Section 11. Insurance Requirements. Without limiting or diminishing the Developer’s obligation to indemnify or hold the City harmless, the Developer shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement.
(a) Commercial General Liability: Developer shall maintain commercial general liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury covering claims which may arise from or out of Developer’s performance of its obligations hereunder (“Policy”). The Policy shall name by endorsement the City and its special districts, respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. The Policy’s limit of liability shall not be less than

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$1,000,000 per occurrence combined single limit. If such insurance Policy contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
(b) Vehicle Liability: Developer shall maintain liability insurance for all owned, non
-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name by endorsement the City, its special districts, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. (c) Worker’s Compensation Insurance: Developer shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California.

Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of the Improvements may be constructed in dedicated rights-of-way or on property that has been or will be dedicated to the City, the Improvements shall be and remain the property of the Developer until acceptable title thereto is conveyed to the City as provided herein. Such ownership by the Developer shall likewise not be affected by any agreement that the Developer may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control.

Section 13. Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants for the benefit of the City, as of the date hereof and as of the date of the Payment Request is delivered to the City hereunder:
(a) Organization. The Developer represents and warrants that the Developer is a Michigan Limited Liability Company duly organized and validly existing under the laws of the State of Michigan, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated.
(b) Authority. The Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the Developer. (c) Binding Obligation. The Developer represents and warrants that this Agreement is a valid and binding obligation of the Developer and is enforceable against the Developer in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles.
(d) Completion of Improvements. The Developer covenants that it will use its reasonable and diligent efforts to do all things that may be lawfully required of it in order to cause the Improvements to be completed in accordance with this Agreement. (e) Compliance with Laws. The Developer covenants that, while the Improvements are owned by the Developer or required pursuant to this Agreement to be

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maintained by the Developer, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to the Improvements in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Improvements.
(f) Financial Records. Until the final acceptance of the Improvements, the Developer covenants to maintain proper books of record and account for the Improvements and all costs related thereto. The Developer covenants that such accounting books will be maintained in accordance with generally accepted accounting principles and will be available for inspection by the City and the City Engineer, at any reasonable time during regular business hours on two business days’ prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. (g) Permits. The Developer covenants that it will obtain all governmental or other permits required to proceed with the construction of the Improvements and that it will pay all fees relating thereto. The Developer and the City mutually represent and warrant to each other that to their actual knowledge, as of the date hereof, there is no material legal impediment to the Developer’s proceeding with and completing the construction of the Improvements or to the development of the Property as contemplated by the Developer. (h) Environmental Matters. The Developer represents and warrants that it has complied with, has caused compliance with, or will cause compliance with, the California Environmental Quality Act (“CEQA”) as required for the construction of the Improvements and its conveyance to the City.

Section 14. Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants for the benefit of the Developer:
(a) Authority. City represents and warrants that City has the power and authority to enter into this Agreement and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the City.
(b) Binding Obligation. City represents and warrants that this Agreement is a valid and binding obligation of City and is enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights in general and by general equity principles. (c) Completion of the Improvements. The City covenants that it will use its reasonable and diligent efforts to expeditiously take all actions that may be lawfully required of it in issuing permits, processing and approving plans and specifications and inspecting the Improvements in accordance with this Agreement.

Section 15. Indemnification. The Developer agrees to protect, indemnify, defend and hold the City, and its respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, attorney’s fees, and court costs which the City, or its respective officers, employees and agents, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City, or its respective officers, employees or agents, or any combination thereof, as a result of or by reason of or arising out of or in consequence

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of:
(a) the acquisition, construction, or installation of the Improvements; (b) the untruth or inaccuracy of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder; or (c) any act or omission of the Developer or any of its subcontractors, or their respective officers, employees or agents, in connection with the Improvements. If the Developer fails to do so, the City shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including any attorneys’ fees or court costs, to and recover the same from the Developer. The parties acknowledge and agree that the Developer shall be released from the indemnity obligation set forth herein upon the acceptance of the Improvements by the City.

Section 16. Developer as a Private Developer. In performing under this Agreement, it is mutually understood that the Developer is acting as a private developer, and not as an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Developer. Accordingly, this Agreement does not constitute a debt or liability of the City. Other than as provided in Section 5, the City shall not be obligated to advance any of its own funds or any other costs incurred in connection with the Project. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement.

Section 17. Other Agreements. Nothing contained herein shall be construed as affecting the City’s or the Developer’s respective duty to perform its respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Developer’s rights and obligations, and the City’s rights and obligations, under this Agreement; provided, however, that the Developer shall use its reasonable and diligent efforts to perform each and every covenant to be performed by it under any lien or encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the design, acquisition, construction and installation of the Improvements.

Section 18. Binding on Successors and Assigns. Neither this Agreement nor the duties and obligations of the Developer hereunder may be assigned to any person or legal entity other than an affiliate of the Developer without the written consent of the City, which consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties and obligations of the City hereunder may be assigned to any person or legal entity, without the written consent of the Developer, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of any partners, permitted assigns, and successors -in- interest of the parties hereto.

Section 19. Amendments. This Agreement can only be amended by an instrument in writing executed and delivered by the City and the Developer.

Section 20. Waivers. No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective unless the same shall be in

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writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given.

Section 21. No Third Party Beneficiaries. No person or entity, other than the City, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Section 22. Notices. Any written notice, statement, demand, consent approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely:

City: City of Hemet
Attn: City Manager
445 E. Florida
Avenue
Hemet, CA 92543
Developer: Pulte Group
Attention: Matt Matson, Project Manager
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopy, upon the sender’s receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section.

Section 23. Jurisdiction and Venue. City and the Developer (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which the City is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non - appealable judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Section 24. Attorneys’ Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover from the other party thereto reasonable attorney’s fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment.

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Section 25. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

Section 26. Usage of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 27. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates set forth below.
“CITY”
CITY OF HEMET, a municipal corporation
Date: , 20 By:

ATTEST:

APPROVED AS TO FORM:
______________, City Attorney
“DEVELOPER”

PULTE HOME COMPANY, LLC
a Michigan limited liability company
Date: , 20 By:

Name: Its:

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EXHIBIT “A”
(TRACT MAP 35392)

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EXHIBIT “B” (NEW STETSON ROAD)

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EXHIBIT “C”

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EXIDBIT"D"

DOCUMENTATION TO BE PROVIDED TO CITY BY DEVELOPER FOR

DETERMINATION OF CONSTRUCTION COSTS
To assist City in determining the Construction Costs for a completed DIF Improvement, Developer shall provide the following documents to City:

1. Plans, specifications and Developer's civil engineer's cost estimate;

2. List of bidders from whom bids were requested;

3. Construction schedules and progress reports;

4. Contracts, insurance certificates and change orders with each contractor or vendor;

5. Invoices received from all vendors;

6. Canceled checks for payments made to contractors and vendors (copy both front and back of canceled checks);

7. Spreadsheet showing total costs incurred in and related to the construction of each DIF Improvement and the check number for each item of cost and invoice;

8. Final lien releases from each contractor and vendor; and

9. Such further documentation as may be reasonably required by City to evidence the completion of construction and the payment of each item of cost and invoice.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Charles Russell, Public Works Operations Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Parts to Gosch Ford in the amount of $90,000 (a $40,000 increase from the originally approved $50,000 Fiscal Year 2023-24 Purchase Order) and Authorizing the City Manager to Execute All Documents Related to the Purchase Order

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Parts to Gosch Ford in the amount of $90,000 (a $40,000 increase from the originally approved $50,000 Fiscal Year 2023-24 Purchase Order) and Authorizing the City Manager to Execute All Documents Related to the Purchase Order.

BACKGROUND:

The Fleet Maintenance Division services and maintains over 350 vehicles and pieces of equipment that make up the City's vehicle fleet. The division supports the vehicle preventative maintenance and repair needs for all City Departments, with the largest customer fleets belonging to the Police, Fire, and Public Works Departments. The costs of routine maintenance and repair work are anticipated to increase as the City continues to grow its current fleet and prices for parts and supplies continue to rise.

In July 2023, City staff established a $50,000 purchase order with Gosch Ford for the purchase of City vehicle parts and supplies during Fiscal Year (FY) 2023-24.

ANALYSIS:

Due to the state of the economy, prices for automotive and truck parts have increased more than anticipated, and vendors are predicting that prices will continue to rise through the end of this fiscal year. Staff is now estimating that the Fleet Maintenance Division may spend up to an additional

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$40,000 on top of the originally approved $50,000, totaling $90,000 on automotive and truck parts at Gosch Ford during FY 2023-24.

Gosch Ford is a locally owned business and historically has had the most competitive pricing. Using this vendor will ensure that the Fleet Maintenance Division will be able to receive most factory parts and supplies within one hour of ordering them.

DISCUSSION:

Staff is recommending an award of a blanket purchase order in the amount of $90,000 to Gosch Ford so that the Fleet Maintenance Division will be able to purchase parts and supplies from Gosch Ford for the City's fleet through the end of the fiscal year.

Authorization by the City Council is required for this purchase order as the recommended award amount exceeds the City Manager's authority per the procurement policy.

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.

FISCAL IMPACT:

There is no additional General Fund impact. Funding for automotive and truck parts is available in the adopted Fiscal Year 2023-24 Fleet Maintenance Operating Budget fund 684-4550-2350. The total approved Fiscal Year 2023-24 budget for this account was $588,600 and expenditures through December 2023 were $283,951.18.

ALTERNATIVE(S):

1. Do not authorize the blanket purchase order.

2. Provide the City Manager with alternative direction.

ATTACHMENT(S):

Attachment 1 - Resolution for Gosch Ford PO Increase

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING THE PURCHASE

OF AUTOMOTIVE AND TRUCK PARTS TO GOSCH FORD
IN THE AMOUNT OF $90,000 (A $40,000 INCREASE
FROM THE ORIGINALLY APPROVED $50,000 FISCAL
YEAR 2023-24 PURCHASE ORDER) AND AUTHORIZING

THE CITY MANAGER TO EXECUTE ALL DOCUMENTS

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

WHEREAS, the Fleet Maintenance Division services and maintains 350 vehicles and pieces of equipment that make up the City’s fleet; and WHEREAS, due to the economy, prices for automotive and truck parts have increased over the past year, and vendors are predicting that prices will continue to rise through the end of this fiscal year; and
WHEREAS, staff is estimating that the Fleet Maintenance Division will spend approximately $90,000 on automotive and truck parts at Gosch Ford during FY 2023- 24; and
WHEREAS, funding for automotive and truck parts is available in the adopted FY 2023-24 Fleet Maintenance Operating Budget fund 684-4550-2350; and

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

SECTION 1. FINDINGS – The recitals set forth above are hereby adopted as findings in support of this Resolution.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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SECTION 2. Awards a blanket purchase order for automotive and truck parts to Gosch Ford in the amount of $90,000.

SECTION 3. Authorizes the City Manager to execute all documents related to the purchase order.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon its adoption.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED, AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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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 30th day of January, 2024, 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
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Michael Mouat, Police Lieutenant;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Purchase Four Live View Technology (LVT) Mobile Surveillance Units in the amount of $226,949.90 and to enter into a Three-Year Service Agreement with ADT Commercial/everOn Solutions for Four LVT Mobile Surveillance Unit Software Subscriptions in the amount of $170,762.40

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 of the in Units Surveillance Mobile amount Technology View Live Four Purchase to (LVT) $226,949.90 and to enter into a Three-Year Service Agreement with ADT Commercial/everOn Solutions amount the in Subscriptions Software LVT Surveillance Mobile Four for of Unit $170,762.40.

BACKGROUND:

The City of Hemet was recently awarded a $2.5 million Organized Retail Theft Prevention Grant aimed at enhancing security measures to combat retail theft within the community. In line with the grant's objectives, the Hemet Police Department is recommending the acquisition of four LVT Mobile Surveillance Units from ADT Commercial/everOn Solutions. These units are equipped with state-of- the-art technology to bolster the City's surveillance capabilities, contributing to the overall safety and security of retail establishments.

ANALYSIS:

The proposed purchase includes four LVT Mobile Surveillance Units priced at $52,172.39 each, plus applicable taxes. Additionally, a three-year software subscription for these units is required, costing $1,185.85 per month per unit, amounting to $170,762.40, over the three years of the grant. The chosen vendor, ADT Commercial/everOn Solutions, has been selected based on their reputation for providing cutting-edge surveillance solutions and favorable pricing through the OMNIA Contract #R220701.

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DISCUSSION:

The acquisition of the LVT Mobile Surveillance Units aligns with the City's commitment to enhancing public safety and security. These units offer advanced features such as high-definition video recording, real-time monitoring, and remote access capabilities for the Real Time Crime Center. The utilization of the Organized Retail Theft Prevention Grant funds ensures that the purchase does not impose a burden on the City's General Fund resources.

The acquisition of LVT Mobile Surveillance Units is a strategic investment in bolstering the City's efforts to combat organized retail theft. Approval of this recommendation will contribute significantly to reducing criminal activities within retail establishments, benefitting both businesses and residents.

PREVIOUS COUNCIL ACTION:

There has been no previous Council action specifically related to the purchase of LVT Mobile Surveillance Units. However, the City Council has consistently demonstrated support for initiatives aimed at improving public safety and security within the community.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

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

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

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

Objective 2: Develop concepts and programs to enhance the quality of life services.

Objective 3: Develop programs to offer support to the community's businesses

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

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

The CA BSCC Organized Retail Theft Prevention Grant has been secured to cover these expenses, mitigating any impact on the City's General Funds. No additional financial burden is anticipated beyond the grant allocation.

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The CA BSCC Organized Retail Theft Grant account number is 232-3127, with a total revenue of $2,500,065.

The total cost of this purchase, including the four LVT Mobile Surveillance Units and the three-year software subscription, is $397,712.30.

Expenditures:

Purchase Four LVT Mobile Surveillance Units for $226,949.90, Account 232-3127-5400 Capital Outlay.

Three-Year Service Agreement for Four (4) LVT Mobile Surveillance Unit Software Subscriptions for $170,762.40, Account 232-3127-2265 Software Maintenance.

ALTERNATIVE(S):

Reject the proposed purchase and explore alternative security measures.

ATTACHMENT(S):

Attachment 1 Resolution LVT Mobile Unit
Attachment 2 Price Summary
Attachment 3 Contract 2024-042 LVT Mobile Surveillance Units Attachment 4 Picture of an LVT Mobile Unit

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CITY OF HEMET RESOLUTION NO. 2023-416 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO PURCHASE FOUR (4) LVT MOBILE
SURVEILLANCE UNITS IN THE AMOUNT OF $226,949.50

AND TO ENTER INTO A THREE-YEAR SERVICE
AGREEMENT FOR FOUR (4) LVT MOBLIE

SURVEILLANCE UNIT SOFTWARE SUBSCRIPTIONS IN
THE AMOUNT OF $170,762.40
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 was recently awarded a 2.5 million dollar Organized Retail Theft Prevention Grant, aimed at enhancing security measures to combat retail theft within the community. In line with the grant's objectives, the Hemet Police Department is proposing the acquisition of four LVT Mobile Surveillance Units from ADT Commercial/everOn Solutions. These units are equipped with state-of-the-art technology to bolster the city's surveillance capabilities, contributing to the overall safety and security of retail establishments; and
WHEREAS, this proposed purchase includes four (4) LVT Mobile Surveillance Units priced at $52,172.39 each, plus applicable taxes. Additionally, a three-year software subscription for these units is required, costing $1,185.85 per month per unit, amounting to $170,762.40 over the three years of the grant. The chosen vendor, ADT Commercial/everOn Solutions, has been selected based on their reputation for providing cutting-edge surveillance solutions and favorable pricing through the OMNIA Contract.; and

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CITY OF HEMET RESOLUTION NO. 2023-416 2
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WHEREAS, this acquisition of the LVT Mobile Surveillance Units aligns with the City's commitment to enhancing public safety and security. These units offer advanced features such as high-definition video recording, real-time monitoring, and remote access capabilities for our Real Time Crime Center. The utilization of the Organized Retail Theft Prevention Grant funds ensures that the purchase does not impose a burden on the City's budget; and
WHEREAS, this acquisition of LVT Mobile Surveillance Units is a strategic investment in bolstering the City's efforts to combat organized retail theft. The proposed purchase, funded by the Organized Retail Theft Prevention Grant, aligns with the City's commitment to enhancing public safety. Approval of this recommendation will contribute significantly to reducing criminal activities within retail establishments, benefitting both businesses and residents; and
WHEREAS, the total cost of this purchase, including the four LVT Mobile Surveillance Units and the three-year software subscription, is $397,712.30. The Organized Retail Theft Prevention Grant has been secured to cover these expenses, mitigating any impact on the City's general funds. No additional financial burden is anticipated beyond the grant allocation; and
WHEREAS, the staff requests the City Council authorize the City Manager to Purchase Four (4) LVT Mobile Surveillance Units in the amount of $226,949.50 and to enter into a Three-Year Service Agreement for Four (4) LVT Mobile Surveillance Unit Software Subscriptions in the amount of $170,762.40; and WHEREAS, the CA BSCC Organized Retail Theft Prevention Grant has been secured to cover these expenses, mitigating any impact on the City's general funds. No additional financial burden is anticipated beyond the grant allocation. The CA BSCC Organized Retail Theft Grant account number is 232-3127 and has a total revenue of $2,500,065.00. The total cost of this purchase, including the four LVT Mobile

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CITY OF HEMET RESOLUTION NO. 2023-416 3
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Surveillance Units and the three-year software subscription, is $397,712.30. The purchase of Four (4) LVT Mobile Surveillance Units for $226,949.90, will come from account 232-3127-5400 Capital Overlay. The Three-Year Service Agreement for Four (4) LVT Mobile Surveillance Unit Software Subscriptions for $170,762.72, will come from account 232-3127-2265 Software Maintenance.

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

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. DETERMINES – Funding for this purchase and service contract exists in the CA BSCC Organized Retail Theft Prevention, account 232-3127, and has a total revenue of $2,500,065.00.

Purchase Four (4) LVT Mobile Surveillance Units from ADT Commercial/everOn Solutions in the amount of $226,949.90, Account 232-3127-5400 Capital Overlay.

Three-Year Service Agreement for Four (4) LVT Mobile Surveillance Unit Software Subscriptions in the amount of $170,762.72, Account 232-3127-2265 Software Maintenance.

SECTION 3. ORDERS - The City Council hereby authorizes the City Manager to Purchase Four (4) LVT Mobile Surveillance Units from ADT Commercial/everOn Solutions in the amount of $226,949.90 and to enter into a Three-Year Service Agreement for Four (4) LVT Mobile Surveillance Unit Software Subscriptions in the amount of $170,762.40.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on January 30, 2024.

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CITY OF HEMET RESOLUTION NO. 2023-416 5
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PASSED, APPROVED, AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.J.

CITY OF HEMET RESOLUTION NO. 2023-416 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 30 th day of January, 2024, 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.J.

1501 YAMATO ROAD, BOCA RATON, FL 33431

To: Candace Sunds / Hemet Police Dept  Date: 12/11/23
From: Scott Wulforst / ADT Commercial

Re: OMNIA pricing/LVT Mobile Surveillance Units ADT Commercial / OMNIA Contract # R220701 (to appear on all paperwork)

Hi Candace,

Please find the below pricing for the LVT D3 (3 Axis Camera Trailer) Mobile Surveillance Unit – Hybrid model with burd
en costs.

Hybrid model = Hardware purchase + Software subscription.

DESCRIPTION  ADTC BURDEN
COST
OMNIA MEMBER
PRICE
4 units x 1 time
purchase
Hardware ‐ LVT Mobile
Surveillance Unit
$37,534.09/ea  $52,172.39/ea + tax  $208,689.56 + est
tax $18,260.34

DESCRIPTION  ADTC BURDEN
COST
OMNIA MEMBER
PRICE
4 units x 3 yr
grant/term
Software ‐ LVT Mobile
Surveillance Unit
$853.13/mo  $1,185.85/mo/ea   $170,762.40

If you require additional documentation, please let me know.

Sincerely,

Scott Wulforst
Senior Director of State Local Government Programs
Mobile: 775‐287‐8110
Email: [email protected]

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GOODS AND SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND

ADT COMMERCIAL LLC

A LIMITED LIABILITY COMPANY
AGREEMENT # 2024-042

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GOODS AND SERVICES AGREEMENT

FOR LVT MOBILE SURVEILLANCE UNITS AND SOFTWARE

BETWEEN THE CITY OF HEMET AND ADT COMMERCIAL LLC
THIS GOODS AND SERVICES AGREEMENT (“Agreement”) is made and entered into this 30th day of January, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and ADT Commercial LLC, a limited liability company (“Vendor”). For the purposes of this Agreement City and Vendor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by direct contact based on OMNIA Partners contract award # R220701 to purchase from Vendor the materials , equipment, and the performance of services defined and described particularly in Section 2, “Scope of Services” of this Agreement.

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

3. Vendor represents that it has the required competence and qualifications necessary for the satisfactory performance of the services required and to provide materials and equipment requested by the City.

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

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

SECTION 1. T ERM OF AG REEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of
this Agreement is through January 31, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. Vendor shall provide all Goods (defined particularly below) and complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines. 00092061.2

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00092061.2
SECTION 2. S COPE OF SERVICES
(a) S
ubject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Vendor for the Services.
(b) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Goods”). Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

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

SECTION 4. A DDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform “Additional Work.” As used herein, “Additional Work” means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 2 7 “Administration and Implementation” or Section 2 8 “Amendment” of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.

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ECTION 5. C OMPENSATION
(a) S
ubject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit “B ” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred and Ninety -Seven Thousand Seven Hundred and Twelve Dollars and Thirty Cents ($397,712.30) (“Not to Exceed Amount”) , unless additional compensation is approved in writing in accordance with Section 2 7 “Administration and Implementation” or Section 28“Amendment” of this Agreement. (b) A
ll City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed bi- weekly and are safe and secure. To sign up for electronic payments contact [email protected].

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00092061.2
(
c) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor.
(d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” (e) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.
(f) I
n Compliance with federal, state , and City procurement regulations, the City obtained competitive pricing for the Project using the OM NIA Partners contract award # R2 20701 attached hereto and inc orporated herein by reference as Exhibit “E” [Cooperative Agreement]
SECTION 6. M ETHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed and/or the goods provided. The invoices shall be emailed to [email protected]. (b) Vendor shall at any time prior to the fifteenth (15th) of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below. (
c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly bases, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5 (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission.

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00092061.2
(d
) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor’s correct and undisputed invoice. (
e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously i ncurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.

SECTION 7. I NDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Vendor or any of Vendor’s officers , employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Vendor, nor any of Vendor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Vendor expressly waives any claim Vendor may have to any such rights.

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ECTION 8. A CCEPTANCE OF GOODS
(a) The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. Acceptance of any of the Goods by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 1 9 “Indemnification” and Section 20 “Insurance.” (b) If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and

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00092061.2
s
hall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

SECTION 9. A CCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor ’s work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Vendor ’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Vendor ’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 “Indemnification” and Section 20 “Insurance.”
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ECTION 10. C ONTINUITY OF PERSONNEL
V
endor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor’s staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.

SECTION 11. S TANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services . In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices uti lized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor ’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services ” that shall a lso be applicable to Vendor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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ECTION 12. W ARRANTY OF GOODS
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its

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00092061.2
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n expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third -party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

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ECTION 13. C OMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor further represents and warrants that the S ervices provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section. (b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imp osed by the California Air Resources Board (CARB).

Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment,” which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne

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00092061.2
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ater Quality Control Act, to any ground or surface water in the State. i. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s non- compliance with the laws, regulations and policies described in this section, unless such non- compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
ii. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.

Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.

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ECTION 14. P REVAILING WAGE LAWS
(a) Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is one- thousand dollars ( $1,000) or more, Vendor agrees to fully comply with such P revailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, of ficers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

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00092061.2
(b
) Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR . It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

SECTION 15. N ONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

S
ECTION 16. S AFETY
V
endor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures; ii. Instructions in accid ent prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures.

S
ECTION 17. A CCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall

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00092061.2
a
llow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

SECTION 18. D ISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.

S
ECTION 19. I NDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or sub contractors), liabilities of eve ry kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Goods and/or Services provided by Vendor, its officers, agents, employees, representatives, subcontr actors, anyone directly or indirectly employed by any of them, or anyone that they control.

Vendor’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Vendor and shall survive the termination of this Agreement and this section.

S
ECTION 20. I NSURANCE
Vendor agrees to obtain and maintain in full force and effect during the T erm of this Agreement the insurance policies set forth in Exhibit “D” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements

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00092061.2
a
re subject to amendment or waiver if so approved in writing by the City Manager. Vendor agrees to provide City with copies of required policies upon request.

SECTION 21. T ERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor . In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor’s possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 “Method of Payment and Invoicing” of this Agreement.

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

S
ECTION 22. N OTICES
A
ll notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Ave
Hemet CA 92543

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00092061.2
To Ve
ndor: ADT Commercial LLC
Attn: Scott Wulforst
1501 Yamato Rd.

Boca Raton, FL 33431
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

S
ECTION 23. B INDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 24. A SSIGNMENT
Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

S
ECTION 25. W AIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Goods or S ervices shall not constitute a waiver of any of the provisions of this Agreement.

S
ECTION 26. A UTHORITY TO EXECUTE
The per
son or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.

SECTION 27. A DMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

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00092061.2
SECTION 28. A MENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

S
ECTION 29. C ONFLICTS OF INTEREST
(a) Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Vendor ’s ability to provide the Goods and/or Services. Vendor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Ve ndor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non-related goods and/or services to other governmental agencies and private parties. Vendor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Vendor will, provide non-related goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.

SECTION 30. L AW TO GOVERN; VENUE
Thi
s Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

S
ECTION 31. A TTORNEY’S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.

S
ECTION 32. E NTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the

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00092061.2
m
atters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. S EVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. T IME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]

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GOODS AND SERVICES AGREEMENT

FOR LVT MOBILE SURVEILLANCE UNITS AND SOFTWARE

BETWEEN THE CITY OF HEMET AND ADT COMMERCIAL LLC
IN WIT
NESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF
HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
VENDOR
By:

Its:

Type text here
Mike Hansen
ADT Commercial/ District Sales Manager

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Exhibi t A – Scope of Services Page 1
EXHIBI
T “A”

SCOPE OF SERVICES
Hardw
are Purchase: (4) Mobile Surveillance Units - Registered Hybrid D3 Mobile Surveillance Unit, 3 Camera Trailer, Trailer 3.0
Live View Technologies (LVT) 03 Camera Trailer with 3 Pan Tilt Zoon (PTZ) cameras • Live Stream Video
• Video Recording
• Video Playback
• Scheduled Use of Strobe
• Flood Light
• Announcements
• Greater Area Coverage
• Remote Device Management
• Multi Camera and Flood Light
• Talk Down
• Alerts
• Command Center
Hardw
are: Includes 1-year manufacturer's warranty
3 Year Software Subscription: Software as a Service (SaaS) allows users to connect to, and use, cloud-based software over the Internet
Software:
• LVT Software platform and support
• Audio Visual deterrence alerting
• Video Analytics & Rules
Monit
oring:
• Customer Self-Monitored
Support:
• Online support resources
• On-demand software training

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I
nclusions/Exclusions:

ADT and LVT assume conditions of installation will not require external power source or generator, with optimal conditions for solar power.

ADT and LVT will conduct a delivery survey to determine the location for drop of and set up of unit. Customer must approve locations for delivery.

Before drop-off, an ADT Commercial Rep will use "Google Earth" to provide an exterior layout of the customer's property and confirm locations with their primary contact. If "Google Maps" is not up to date, the customer must inform ADT of changes prior to scheduling LVT's Services are made available using Cellular Data Connectivity. Customers have access to 20 Gigabytes of Cellular data per month, per Security (D3) LVT Unit. Data usage is set to zero (0) on the first day of each month. Data usage over the limit of 20GB Per Month, is charged $10.00 Per gigabyte monthly.

ADT and LVT will train the customer on proper use of the system at time of delivery and conduct an onboarding session. In the event the customer would like additional training that requires a technician on site, may be quoted as additional depending on Scope of Work.

Quote is designed around customer/self-monitoring. In the event the customer would like system to be monitored by a 3rd party, this can be quoted as additional.

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E xhibit B - Compensation Page 1
EX
HIBIT “B”

COMPENSATION
C
ompensation for the Services shall not exceed Three Hundred and Ninety-Seven Thousand Seven Hundred and Twelve Dollars and Thirty Cents ($397,712.30)

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Ex hibit C – Schedule of Performance Page 1
EXHIBIT “C”

SCHEDULE OF PERFORMANCE
1 – Hemet Police Dept issues Purchase Order based on provided OMNIA pricing. Please note OMNIA Contract #R220701 on PO.
2 – ADT Commercial (ADTC)/LVT process paperwork, up to 2 business days. 3 – LVT arranges delivery of units, up to 10 business days after notice to proceed/ PO issued. 4 – Hemet Police Dept to advise Point of Contact/s (POC/s) for delivery of units and set up. 5 - Hemet Police Dept POC/s will receive an email with delivery date and instructions, once known. Example below:
-Place a cone or somehow block off the spot where the LiveUnit(s) should be placed to ensure nobody parks in that spot and it is empty when our delivery driver arrives. NOTE:

The LiveUnit will likely arrive on a flatbed tow truck. Please be sure there is ample space for the tow truck to maneuver to ensure proper placement of the LiveUnit -
If gate access is required or there is someone we need to communicate with prior to entering your property, please make sure your Project Manager is aware of any instructions we need to pass along to the delivery driver.
-You don't need to be onsite to receive the LiveUnit.
-The arrival time can vary depending on weather and other logistics. Please reply to this email
to let your Project Manager know if there are time restrictions on when the LiveUnit can be delivered.
-You will receive a call from our logistics company the day before your LiveUnit is sch
eduled to arrive.
6 – Hemet Police Dept POC/s will receive an email with set up/activation date. This occurs within
2 business days of delivery. Completion of set up occurs within 1 business day.

Example below:
-Your
LiveUnit is scheduled to be set up on ______. A certified LiveView technician will be onsite for about 1-2 hours for the setup. You don't need to be present for the setup.

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E xhibit D – Insurance Page 1
EXHIBIT “D”

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

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

2. M INIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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

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

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required] . As an option to meet the limits of insurance required by this Agreement, Vendor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

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E xhibit D – Insurance Page 2
coverages set forth above, including commercial gene ral liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

1. A drop- down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;

2. Pay on behalf of wording as opposed to reimbursement;

3. Concurrency of effective dates with primary policies;

4. Policies shall “follow form” to the underlying primary policies; and

5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) O
THER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) O
THER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement , certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting coverag e required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. U
pon request from the City, Vendor shall furnish certificates and endorsements from each subcontractor identical to those Vendor provides.

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

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

4. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and

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Ex hibit D – Insurance Page 3
non-contributory basis for the benefit of City before the City ’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City , its elected or appointed officers, agents, off icials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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Ex hibit E – Cooperative Agreement Page 1
EX
HIBIT “E”

COOPERATIVE AGREEMENT

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Region 4 Education Service Center (ESC)
Contract # R220701
for
Facility Technology Integration & Security System Services with
A
DT Commercial LLC
E
ffective: April 1, 2022

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The following documents comprise the executed contract between the Region 4 Education Service Center and ADT Commercial LLC , effective April 1, 2022:

I. V
endor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference

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CONTRACT
1 CONTRACT
This Contract (“Contract”) is made as of April 1, 2022 by and between ADT Commercial LLC (“Contractor”) and Region 4 Education Service Center (“Region 4 ESC”) for the purchase of Facility Technology Integration & Security System Services (“the products and services”).

RECITALS
WH
EREAS, Region 4 ESC issued Request for Proposals Number R22-07 for Facility Technology Integration & Security System Services (“RFP”), to which Contractor provided a response (“Proposal”); and
WH
EREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WH
EREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WH
EREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

W
HEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WH
EREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.

The anticipated full term of the contract is five (5) years. The Contractor shall have the ri ght to enter
local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any

15.J.

CONTRACT
2 combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as acc epted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior wri tten approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.

Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwis e
appr
oved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month peri od.

R
egion 4 ESC reserves the right to cancel the whole or any part of this Contract d ue to pe text here

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CONTRACT
3 failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications
;
iv
. Failing to complete required work or furnish required materials within a reasonabl e am
ount of time;
v. Fai
ling to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order
.

Upon r
eceipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation.
b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effectiv e
by
delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC mus t
pur
chase in an open market, Contractor agrees to reimburse Region 4 ESC, withi n a r
easonable time period, for reasonable, direct, and documented expenses incurred. d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligati on of the par
ty giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatc
h.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial and supply chain disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires ;
hur
ricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the

15.J.

CONTRACT
4 opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.
e) Standard Cancellation . Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the l
awful provision of services under the Contract. Region 4 ESC reserves the right to stop w
ork and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveri es made within the continental US shall be freight prepai d,
F.O
.B. Destination and shall be included in all pricing offered unless otherwise clearly s tated i
n writing. Deliveries made to AK, HI, PR and other US territories shall be F.O.B. Origin. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC .

The C
ontractor agrees to pay all shipping costs for the return shipment. Contractor shall be r
esponsible for arranging the return of the defective or incorrect material. 16) Payments. Unless negotiated otherwise in the Purchase order, payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon recei pt of a pr
operly completed invoice.
17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentati on,
or
a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC unless otherwise agreed to by Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with R
egion 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.

Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published pric e
r
eduction during the Contract term.

15.J.

CONTRACT
5 18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a peri od of one (
1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expens e.

N
otwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pr icing bei
ng offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than
the or
iginal discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an i
nterest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contrac t at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre-installati on
r
equirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be consider ed a

15.J.

CONTRACT
6 material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of w
orkers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the
s
tored materials must be provided to Region 4 ESC prior to payment. Such materials must be s
tored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as
property of Region 4 ESC and be separated from other materials. Region 4 ESC mus t be al
lowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that ti
tle for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropri ate funds
for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and l ogo or
any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10)
day
s’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified.

15.J.

CONTRACT
7 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.

15.J.

March 31, 2025April 1, 2022
R220701
Margaret S. Bass
Linda Tinnerman
2/22/2022
2/22/2022

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COMMODITY/SERVICE
Facility Technology Integration
and Security System Service Pricing
OMNIA Partners, Public Sector Contract #R220701
You can rely on us to be your One Ideal Partner for integrated security, fire and life safety solutions that help your agency streamline purchasing in fewer steps, reduce costs, and protect your people, facilities and assets.

SECURITY SOLUTIONS
Intrusion alarm systems
Access control systems
Video systems, remote
monitoring and analytics SERVICES
Systems integration
24/7/365 UL Listed monitoring
Installation, testing, inspections
and maintenance
Design engineering
Analytics and reporting
eSuiteSM account management
Enterprise security risk consulting
Remote managed services

S P ECIALIZED SOLUTIONS
Active shooter detection
Cloud and IP-based systems
Pandemic management solutions
Healthcare solutions
Personnel and asset locating
FIR
E A
N

D LIFE SAFETY SOLUTI O N S
Fire alarm systems
(standard and wireless),
including retrofits and upgrades
Fire sprinkler and
suppression systems*
Advanced smoke, heat and
gas detection systems
Emergency Responder Communication
Enhancement Systems (ERCES, BDA, DAS)
Mass notification and emergency
communications systems
Ancillary services (emergency lights,
extinguishers, fire and smoke dampers)
*In select markets
NOTE: ADT Commercial is offering a discount off list price. Project-based discounts will be considered on a case-by-case basis and will be at the discretion of ADT Commercial local sales leaders. Additional discounts may be dependent on the project scope, volume and whether services are being attached to a project(s) in which ADT Commercial is extending 14% discount off list to members.

15.J.

Manufacturers
Altronix
Amag
Assa-Abloy
Avigilon
Axis
BCD Video
Bosch
Brivo
Code Blue
Continental
DMP
Dorma Kaba
DSC
EST (Edwards)
Exacq Vision
Fire-Lite
Flir
Gamewell-FCI
Genetec
Hanwah
Honeywell
Indigovision
Kantech
Kings III
Lenel
Milestone
Napco
Notifier
Onssi
Open Options
Panasonic IPro
Potter
RS2 Technologies
S2
Salient
Schlage-Allegion
Seneca
Shooter Detection
Systems
Silent Knight
Telecor
Verint
List included is a sample of
active manufacturers available.

OMNIA Partners members have
access to the ADT Commercial
full list of manufacturers.

Installation and service labor
CAD/Design
Engineering
Enterprise Security
Risk Consulting
Installation
Installation (Sprinkler)
Programming
Project Management
Service
• Standard service request hours are
8am-5pm and require a two-hour
minimum charge
• After hours and holiday requests
require a three-hour minimum charge
Monitoring services
Monitoring service rates can be added to projects that have monitoring/service requirements.

Monitoring
Fire Rated/Sprinklers
PERS
Intrusion Alarms
Elevator Monitoring
Emergency Call Box
UL Certification (Fire)
UL Certification (Intrusion)
Industrial Process/Critical
Condition
Daily and Double Daily Timer
Test (Non-Fire)
CO Detection
Smoke Detector Monitoring
Duress, Panic and Holdup Alarm
Video Verification
Video Monitoring, Escort
and Guard Tours
Reporting
eSuiteSM Premier
Signaling
Back-up Cellular Radio (Fire)
Back-up Cellular Radio (Intrusion)
Elevator Radio
Smart Choice Service Plan
ADT Commercial offers extended service plans for the list below.

Fire Alarm Intrusion Video Access Control
Leasing and rentals
ADT Commercial can provide leasing and rental pricing information upon request.

15.J.

Additional pricing notes
Manufacturer Notes
ADT Commercial may update catalog pricing depending on fluctuation in the market conditions. ADT Commercial will follow appropriate methods for submitting changes and reserves the right to increase pricing 3-5% annually over the course of the contract.

Manufacturers: Some manufacturers listed can only
be sold in approved territories. Call for verification prior to ordering.

Labor: ADT Commercial may increase labor rates
annually 2-3% based on escalation.

Sub Labor: ADT Commercial may use subcontractors.

Subcontractor rate will not exceed more than a
30% margin.

Prevailing Wage: ADT Commercial follows local
government requirements for prevailing wage when
wages listed in the catalog do not capture the difference in rates. Additional rates will not exceed more than a
30% margin.

Union Labor: ADT Commercial has union requirements
in certain markets when wages listed in the catalog do
not capture the difference in rates. Additional rates will not exceed more than a 30% margin.

Install Warranty: One-year Parts and Labor
warranty available.

Service Warranty: 90-days Parts and Labor
warranty available.

Shipping: ADT Commercial will not charge the
customer for shipping when products are collected
from ADT Commercial’s local offices.

Open Market Items: Additional products and
services may be required to provide customers a
complete integrated solution, as such some product
manufacturers may not show up on included
manufacturer list. Open market items will be charged
at 39% from ADT Commercial’s cost.

Orders: ADT Commercial can accept customer
purchaser orders so long as it references use of the
appropriate contract.

Monitoring and Services: ADT Commercial will require
the customer to sign a separate monitoring addendum
or negotiate separate monitoring terms in order to
monitor fire, security and cloud services through our
central station monitoring centers.

The National Strength You Want. The Local Knowledge You Need.

Commercial
Locations
Corporate
Headquarters
Monitoring and
Operations Centers
Corporate
Headquarters
Monitoring and
Operations Centers
Locations
300,000+
Customer
locations
5,000+
Commercial
employees
150+
Commercial
locations
3 Monitoring and
operations centers
300,000+
Customer
locations
5,000+
Commercial
employees
150+
Commercial
locations
3 Monitoring and
operations centers

15.J.

Warranty

EXCEPT FOR THE WARRANTIES SPECIFICALLY SET FORTH
BELOW, ADT COMMERCIAL LLC (“ADT”) EXPRESSLY DISCLAIMS

ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING

WITHOUT LIMITATION, THOSE OF MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

General Warranty
ADT warrants that the work and services to be performed pursuant to the Proposal will be completed by qualified personnel possessing the knowledge and capability to perform such work and services, and that such work and services shall be performed by such personnel in a professional and workman like manner. Where the Proposal includes the provision of “professional” Services by ADT (services that are required to be performed by a licensed engineer, architect, or other professional), the standard of care for such Services shall be the care and skill ordinarily employed by members of the profession practicing under similar conditions at the same time and locality of the relevant Services.

Limited Warranties
Equipment. The Equipment installed under this Agreement is warranted against defects in material or workmanship for a period of one (1) year from installation. Defective Equipment will be repaired or replaced at ADT’s option with new or refurbished Equipment, with such repair or replacement being the sole and exclusive remedy for breach of this limited Equipment warranty. Customer may, at ADT’s election, be provided the option of purchasing an extended warranty.

Installations. ADT warrants that for a period of one (1) Year beginning at Substantial Completion (excluding software defects), the installation will be free from defects in workmanship. In the event that the Installation fail to comply with the foregoing standard within the limited warranty period, ADT will re-perform the non- complying installation services at no additional charge, with such re-performance being the sole and exclusive remedy for breach of this limited Installation warranty. As used herein, “Substantial Completion” is defined as the stage that the work is sufficiently complete so that the Customer has beneficial use of the equipment and/or premises involved in the work. For a project involving multiple phases or facilities, Substantial Completion shall be determined, and the limited warranty shall run, for each phase or facility separately. Substantial Completion excludes commissioning.

Services. For any services provided hereunder, and excluding inspection services, ADT warrants that the Services provided hereunder will be performed in accordance with generally accepted industry standards and practices. In the event that any Services fail to comply with the foregoing standard within ninety (90) days from the date of Substantial Completion of the Services, ADT will re-perform the non-complying services at no additional charge, with such re-performance being the sole and exclusive remedy for breach of this limited Services warranty. Select non-covered Services may be purchased by you at then-current rates and terms, to be performed during our standard hours of operation.

Software Installation. ADT warrants software installation and programming by ADT for a period of 1 Year beginning at Substantial Completion (excluding software defects).

ADT Service Plan/Extended Service Plan. Subject to the limitations and exclusions set forth below, if Customer has subscribed to ADT’s Extended Service Plan, then in lieu of the limited warranties set forth above, ADT will at its cost repair the Equipment it installs for the duration of the term of such Extended Service Plan. Customer’s participation in the Extended Service Plan will automatically renew for successive thirty (30) day terms at ADT’s then-current Extended Service Plan rates unless terminated by either party’s written notice given at least thirty (30) days before the end of the then-current term. If Customer subscribes to the Extended Service Plan after the initial installation, the Equipment must be in good working condition at the time of subscription. When applicable, each Exhibit, Rider, Purchase Order, Work Order, or any other statement of services and/or equipment, shall specify covered maintenance Services at a specific Premises, for specified Equipment. For covered maintenance Service, ADT will, upon Customer’s request for performance of such service, provide ordinary maintenance, repair, or replacement of such Covered Equipment due to normal wear and tear. ADT shall bear the expense of such maintenance, repair, or replacement for the specified Extended Service Plan Charge. The expense of all extraordinary or uncovered maintenance, repair, or replacement due to Customer’s alterations of the Premises, alterations of the Covered Equipment made at Customer’s request, or made necessary due to Customer’s changes to the Premises, damage to the Premises or to the Covered Equipment, any Limitation or Exclusion below, or due to any cause beyond ADT’s control, shall be borne by Customer.

Customer agrees to furnish any necessary electric current at its own expense with an outlet within a reasonable distance of the Equipment.

Maintenance Service shall be performed between ADT’s regular local working hours, Monday through Friday, except holidays, unless mutually agreed in advance by the Parties. ADT may discontinue providing Maintenance Service on any Covered Equipment if ADT cannot obtain an adequate supply of replacement Equipment, component parts and/or associated supplies on a commercially reasonable basis. In such event, ADT will refund on a pro-rata basis any prepaid Maintenance Charge on the affected Equipment.

Exclusions
Express Limitations and Exclusions to Warranties, Extended Service Plan, and Service Obligations. ADT performs repair services only during its regular local working hours, Monday through Friday, excluding holidays. IF CUSTOMER REQUESTS ADT TO PERFORM

REPAIR SERVICES OUTSIDE OF ITS REGULAR WORKING HOURS,

THEN ADT MAY REQUIRE CUSTOMER TO PAY FOR ITS SERVICES
AT ADT’S THEN-CURRENT RATES FOR LABOR AND PARTS. In
addition, ADT shall have no obligation under its Limited Warranties or Extended Service Plan if it determines that any of the following conditions have caused the need for service, repair or replacement:
(i) damage resulting from acts of God (such as fires, earthquakes, floods, hurricanes, tropical storms, tornadoes, explosions and other severe acts of nature or weather), war, revolutions, acts of terrorism, epidemics, pandemics, contagions, acts of governmental authorities such as expropriation, condemnation, quarantining, executive orders and changes in laws and regulations, raw material shortages, component shortages, strikes, labor disputes, or any other cause beyond ADT’s reasonable control; (ii) Customer personnel’s failure to properly close or secure a door, window, or other point protected by a security device, or to properly follow operating instructions

15.J.

provided by ADT at the time of installation or at a later date; (iii) malfunctions of or modifications to Customer’s telecommunications service that render it incompatible with the Equipment or incapable of communicating with ADT’s Central Station; (iv) Customer’s failure to ensure ordinary maintenance to the Equipment or its components (repairs due to ordinary wear and tear are not excluded under ADT’s Extended Service Plan), or Customer permits anyone other than an ADT authorized representative to perform service on the Equipment; (v) physical alterations to Customer’s Premises or to the Equipment, or made necessary by damage to Customer’s Premises or the Equipment; (vi) adjustments necessitated subsequent to completion of installation by ADT and acceptance by Customer, due to misalignment of video cameras, improper adjustment of monitor brightness and/or contrast tuning dials, or changes to lighting conditions in the area viewed by the camera(s); (vii) Issues related to interruption of commercial power, to Customer’s telecommunications service, or to use of such service provided by Customer or other third- party; (viii) battery failure; (ix) devices designed to fail in protecting the Equipment, such as, but not limited to, fuses, surge suppressors, and circuit breakers; (x) Equipment changes requested by Customer; (xi) consumable items such as batteries, printer print heads, or access cards; (xii) Technician services for troubleshooting, removing, or replacing any failed component not covered by this warranty or the Extended Service Plan, if applicable, which may include upgrading or otherwise modifying and fixing Customer-provided computer equipment; (xiii) Software defects; or (xiv) normal wear and tear.

ADT’S Equipment warranty applies only to Equipment installed by ADT, unless specifically designated as being covered by the Extended Service Plan, if applicable. Customer must furnish the necessary electrical power at its expense to obtain warranty services. Charges for non-covered repairs will be at ADT’s then-current labor and material rates, including a minimum visit or trip charge.

THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL

OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING

BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CUSTOMER’S EXCLUSIVE REMEDIES ARE SPECIFIED ABOVE.

No Warranty
Software Upgrades. Purchases of software upgrades have no warranty from ADT. Notwithstanding anything to the contrary in the Proposal or in any Master Agreement between the parties, the liability of ADT related to software upgrades pursuant to the Proposal shall be limited to the Total Price for the relevant Software set forth in the Proposal.

Manufacturer Software Support and Services. Purchases of manufacturer software support and services have no warranty from ADT. A purchase of manufacturer software support may entitle Customer to software version upgrades from the manufacturer.

Any labor to install and commission the software upgrades is not included unless specifically set forth in the Proposal.

Notwithstanding anything to the contrary in the Proposal or in any Master Agreement between the parties, the liability of ADT related to software upgrades pursuant to the Proposal shall be limited to the Total Price for the relevant Software set forth in the Proposal.

Sprinklers. ADT does not warrant any sprinkler services (including but not limited to installation, testing, inspection, repair and maintenance) provided by ADT (“Sprinkler Work”) against failures or against defects in the materials or workmanship provided.

However, if any replacement part or item of equipment installed by ADT proves defective, ADT will extend to the Customer the benefits of any warranty ADT has received from the manufacturer.

Removal and reinstallation of any equipment or materials repaired or replaced under a manufacturer’s warranty will be at Customer’s expense and at the rates then in effect. THERE ARE NO WARRANTIES,

STATUTORY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE

SPRINKLER WORK PERFORMED HEREUNDER, AND THE SOLE

AND EXCLUSIVE REMEDY OF THE CUSTOMER FOR FAILURES OR

DEFECTS IN THE SPRINKLER WORK PERFORMED IS TO HAVE THE
SPRINKLER WORK REDONE AT THE CUSTOMER’S EXPENSE.
eSRG. Consulting services performed by the ADT eSRG team carry no warranty from ADT beyond the general warranty set forth above.

Design. Design services performed by ADT carry no warranty from ADT beyond the general warranty set forth above.

Monitoring Services. Monitoring Services carry no
warranty from ADT. If applicable, see Monitoring Services terms and conditions for additional information.

Hosted Services. Hosted Services carry no warranty
from ADT. If applicable, see service provider’s terms
and conditions for additional information.

Electronic Article Surveillance (EAS) and Security Gates. a. Customer acknowledges that installation and services of EAS or security gate equipment may require cutting, fastening or bolting to their premise floor, walls and/or ceilings. ADT does not warrant and disclaims responsibility for repair of floor, floor coverings, walls, wall coverings, ceilings, ceiling patching, painting, matching of finishes, restoration or replacement, or for related expenses. b. ADT will reimburse Customer expenses for floor excavation, cutting, and refinishing for repairs to system required during the applicable warranty period, but not for floor covering, carpet or tile restoration or replacement.
c. For service required after the warranty period, Customer assumes all cost of repair, including but not limited to, floor excavation and refinishing, regardless of the reasons for such repair.

For more information, please contact:

[email protected]
© 2022 ADT Commercial LLC. All rights reserved. The product/service names listed in this document are marks and/or registered marks of their respective owners and used under license. Unauthorized use strictly prohibited. License information available at www.adt.com/commercial/licenses. CM220181 04/22

15.J.

2-07 Facility Technology Integration & Security System Service PRICING: ADT Commercial is offering discount off LIST on all products listed in the catalog. ADT Commerical will review any additional discounts on a case-by-case bases and will be at the discretion of the ADT Commercials local sales and SLED leaders. Additional discounts can be negociated, depending on the project scope, volume and whether services are being attached to a project.

Manufacture Notes: ADT Pricing team may update catalog pricing depending on fluctuation in the market conditions. We will follow appropriate methods for submitting changes. ADT Commercial reserves the right to increase pricing 3-5% annually over the course of the contract.

MANUFACTURES: Some manufactures listed can only be sold in approved territories. (Call for verification TAX: ADT Commercial will charge taxes on all projects unless customer specifies or provides appropriate documentation showing tax exempt status.

SUB LABOR: ADT Commercial may use sub-contractors. Sub-Contractor rate will not be marked up by PREVIALING WAGE: ADT Commercial follows local government requirements for prevailing wage. When wages listed in the catalog do not capture the difference in rates. Additional rates will not be market up UNION LABOR: ADT Commecial has union requirements in certain markets, When wages listed in the catalog do not caputre the difference in rates. Additional rates will not be market up by more then 30% LABOR: ADT Commerical may increase labor rates annually 2-3% based on escalation.

SHIPPING: ADT Commercial will not charge the customer for shipping when products are collected from ADT's Local offices.

INSTALL WARRANTY: One Year Parts and Labor
SERVICE WARRANTY: 90 Days Part and Labor
OPEN MARKET ITEMS: Additional products and services may be required to provide customers a complete integrated solution, as such some products may not be found in the master catalog. Open market items will be charged at 39% from ADT's burdened cost.

ORDERS: ADT Commercial can accept customer purchaser ordersn so long as it references appropriate use of the approprate contract.

MONITORING & SERVICES: When customer wishes to have ADT Commercial monitor fire, security and cloud services through our central station monitoring centers, customer will be required to sign a CONTACT: Scott Wulforst ([email protected])

15.J.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Pavement Rehabilitation Project, CIP 5713, in the Amount of $1,488,488, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $148,849; Approving Materials Testing in the Amount of $30,000; Authorize the Administrative Services Director to Appropriate an Additional $614,984 from Fund 221 of Road Maintenance and Rehabilitation Account (RMRA) Funds to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Pavement Rehabilitation Project, CIP 5713, in the Amount of $1,488,488, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $148,849; Approving Materials Testing in the Amount of $30,000; Authorize the Administrative Services Director to Appropriate an Additional $614,984 from Fund 221 of Road Maintenance and Rehabilitation Account (RMRA) Funds to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

BACKGROUND:

Senate Bill (SB) 1, Chapter 5, Statutes of 2017, created the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the State Highway System and the local street and road system, and RMRA for the deposit of various funds for the program. A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

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The City of Hemet has received RMRA funds annually to pay for local streets and road improvement projects since the passage of Senate Bill 1 (SB1). The Pavement Rehabilitation Project is a project eligible for this funding and the project was approved by the City Council as part of the FY 2020-2021 SB1 Project list on April 28, 2020. The project was also included in the most recent Capital Improvement Program adopted by the City Council on August 8, 2023.

The City of Hemet also receives Community Development Block Grant (CDBG) funds annually to pay for several projects throughout the community. On October 2, 2023, the City amended its 2023-2024 Annual Action Plan to allocate CDBG funding in the Line of Credit in the amount of $600,000 to be used for a street repaving project. Portions of the Pavement Rehabilitation Project along Acacia Avenue are designated for this $600,000 CDBG funding.

Cozad & Fox finished the project design, and the City Engineer prepared and approved the bid package on December 18, 2023. The bid package was uploaded to PlanetBids, the City’s bid solicitation service provider, where 384 vendors were notified, and interested bidders could obtain the complete package. On December 21, 2023, the Notice Inviting Bids was advertised in the Press Enterprise.

ANALYSIS:

On January 8, 2023, the Procurement Administrator received seven bids, as shown below:

1. All American Asphalt $1,488,488.00

2. R. J. Noble Company $1,701,677.47

3. Onyx Paving Company $1,824,000.00

4. LC Paving & Sealing, Inc. $1,893,067.25

5. Hardy & Harper, Inc. $1,950,000.00

6. ATP General Engineering $2,193,632.25

7. IE General Engineering, Inc. $3,164,606.50

Engineer's Estimate $2,109,414.00

Formal bidding procedures were followed in conformance with the Public Contracts Code. After reviewing the bids, staff determined that All American Asphalt is the verified lowest responsive and responsible bidder.

DISCUSSION:

$The Pavement Rehabilitation Project (CIP 5713) includes pavement repairs to a total of four locations, which include:
 Buena Vista Street from Johnston Avenue to Stetson Avenue  Devonshire Avenue from Sanderson Avenue to Kirby Street  Devonshire Avenue from State Street to Harvard Street  Acacia Avenue from Lyon Avenue to approximately 630 feet west of Gilbert Street

The improvements include the following:
 Removal of existing asphalt and construction of new asphalt on the existing base

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 Remove all of the existing asphalt and base and construct new asphalt over reclaimed asphalt/base material
 Grinding existing asphalt and overlaying new pavement  Removal and replacement of 35 existing ADA ramps

The Public Works Department’s Engineering Division staff will provide inspection services and construction management services on the project. The timeline for completion of the project is 50 working days. Working days are counted from the construction start date provided in the notice to proceed.

PREVIOUS COUNCIL ACTION:

On April 20, 2020 Council approved the FY 2020-2021 Senate Bill 1 Project List.

On August 8, 2023 Council approved the Fiscal Year 2023-2024 through Fiscal Year 2027-2028 Capital Improvement Program.

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.

FISCAL IMPACT:

The Pavement Rehabilitation Project (CIP 5713) is funded by the City’s RMRA allocation of $498,581 and by the City’s CDBG allocation of $600,000. Available funds are not sufficient for the award of this recommended agreement. The total project costs are as follows:

Design/Bid Package Preparation $46,228
Construction Contract $1,488,488
Contingency (10%) $148,849
Materials Testing $30,000

Total Project Cost $1,713,565

There is no General Fund impact. Staff is requesting additional appropriations of $614,984 from the Gas Tax Fund (Fund 221) under the RMRP to fund the construction costs of the project.

ALTERNATIVE(S):

1.Do not award the construction agreement to All American Asphalt.

2.Provide alternative direction to City Staff.

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REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 1 Resolution CIP 5713 Construction Award
Attachment 2 - Bid Summary
Attachment 3 - Bids Received
Attachment 4 - All American Asphalt Agreement
Attachment 5 - CIP 5713 Project Cover Sheet 11x17

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING ALL AMERICAN

ASPHALT THE PAVEMENT REHABILITATION PROJECT,
CIP 5713, IN THE AMOUNT OF $1,488,488, WAIVING ANY

MINOR BID IRREGULARITIES, AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL CONTRACT DOCUMENTS;

APPROVING ADDITIONAL CONSTRUCTION
EXPENDITURES NOT TO EXCEED 10% OF THE
CONTRACT AMOUNT OR APPROXIMATELY $148,849;

APPROVING MATERIALS TESTING IN THE AMOUNT OF
$30,000; AUTHORIZE THE ADMINISTRATIVE SERVICES

DIRECTOR TO APPROPRIATE AN ADDITIONAL
$614,984 FROM FUND 221 OF ROAD MAINTENANCE

AND REHABILITATION ACCOUNT (RMRA) FUNDS TO
FUND THE TOTAL PROJECT COST; AND AUTHORIZING

THE CITY CLERK TO RECORD THE NOTICE OF

COMPLETION UPON ACCEPTANCE OF THE WORK BY

THE CITY ENGINEER
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 Public Works Department is responsible for street infrastructure projects that include reconstruction, rehabilitation, and resurfacing of pavement for approximately 300 miles of City streets; and WHEREAS, On April 20, 2020, the City Council approved the Fiscal Year 2020- 2021 Senate Bill 1 Project List; and
WHEREAS, On August 8, 2023, Council approved the Fiscal Year 2023-2024 through Fiscal Year 2027-2028 Capital Improvement Program; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, On October 2, 2023, the City amended its 2023-2024 Annual Action Plan to allocate CDBG funding in the Line of Credit in the amount of $600,000 to be used for a street paving project; and
WHEREAS, On December 18, 2023, the City Engineer approved the bid package for the Pavement Rehabilitation Project (CIP 5713); and WHEREAS, On December 18, 2023, the City of Hemet solicited bids from 384 vendors on Planet Bids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package and on December 21, 2023, the Notice Inviting Bids was published in the Press Enterprise; and WHEREAS, on January 8, 2024, the City received a total of six (7) bids for the project which were reviewed by staff resulting in All American Asphalt being the lowest responsible responsive bidder; and
WHEREAS, staff recommends to waive any minor irregularities within the All American Asphalt bid submittal; and
WHEREAS, staff recommends awarding a City of Hemet Contractor Agreement to All American Asphalt in the amount of $1,488,488; and WHEREAS, staff recommends the City Council Authorize the City Manager to execute all contract documents and to approve additional project expenditures not to exceed $148,849, which is approximately 10% of the contract amount; and WHEREAS, staff recommends the City Council approve materials testing in the amount of $30,000; and
WHEREAS, staff recommends the City Council Authorize the Administrative Services Director to appropriate an additional $614,984 of RMRA funds to fund the total project cost; and
WHEREAS, the timeline for completion of the project is fifty (50) working days; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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WHEREAS, staff recommends the City Council Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.

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

SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. Approve the construction agreement for the Pavement Rehabilitation Project, CIP 5713, to All American Asphalt in the amount of $1,488,488 and waive any minor bid irregularities.

SECTION 3. Authorize the City Manager to execute all contract documents.

SECTION 4. Approve additional construction expenditures not to exceed approximately 10% of the contract amount or $148,849 and approve materials testing in the amount of $30,000.

SECTION 5. Authorize the Administrative Services Director to appropriate an additional $614,984 of RMRA funds to fund the total project cost.

SECTION 6. Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED, AND ADOPTED this 30th day of January 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-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 30th day of January, 2024, 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
Bid Results for Project Street Rehabilitation Project ‐ CIP 5713 Issued on 12/18/2023
Bid Due on January 08, 2024  3:00 PM (PST)
Exported on 01/08/2024
Line Totals (Unit Price * Quantity)
ItemDescription UOM QTY Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total Unit  Price Line  Total 1 Mobilization  (not to exceed 5%) LS 1 $55,000.00 $55,000.00 $65,500.00 $65,500.00 $88,000.00 $88,000.00 $85,000.00 $85,000.00 $75,000.00 $75,000.00 $100,000.00 $100,000.0 0 $100,000.00 $100,000.00 2 Traffic  and Pedestrian Control LS 1 $91,976.40 $91,976.40 $98,000.00 $98,000.00 $222,000.00 $222,000.00 $83,500.00 $83,500.00 $129,294.00 $129,294.00 $348,000.00 $3 48,000.00 $100,000.00 $100,000.00 3 Clearing,  Grubbing and Removals LS 1 $50,000.00 $50,000.00 $36,500.00 $36,500.00 $111,000.00 $111,000.00 $100,000.00 $100,000.00 $50,000.00 $50,000.00 $5,000.00 $5, 000.00 $500,000.00 $500,000.00 4 Temporary  Construction Project Identification Sign EA 3 $1,800.00 $5,400.00 $1,100.00 $3,300.00 $1,300.00 $3,900.00 $1,275.00 $3,825.00 $2,500.00 $7,500.00 $2,000.00 $6,000.00 $2,500.00 $7, 500.00 5 Water  Quality Control LS 1 $7,500.00 $7,500.00 $8,200.00 $8,200.00 $8,840.42 $8,840.42 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $10,0 00.00 $10,000.00 6 Adjust  Ex. Manhole to New F.S. EA 34 $1,300.00 $44,200.00 $1,380.00 $46,920.00 $1,333.00 $45,322.00 $1,460.00 $49,640.00 $1,600.00 $54,400.00 $1,275.00 $43,350.00 $2,50 0.00 $85,000.00 7 Adjust  Ex. Valve Can/Lid and Clean Out to New F.S. EA 62 $150.00 $9,300.00 $165.00 $10,230.00 $333.00 $20,646.00 $1,090.00 $67,580.00 $500.00 $31,000.00 $950.00 $58,900.00 $1,500.00 $93,000 .00 8 Relocate  Ex. Signs and Posts. EA 10 $200.00 $2,000.00 $220.00 $2,200.00 $333.00 $3,330.00 $229.00 $2,290.00 $300.00 $3,000.00 $200.00 $2,000.00 $220.00 $2,200.00 9 Remove  and Replace Exist ADA Ramp per City Std. EA 35 $6,500.00 $227,500.00 $8,600.00 $301,000.00 $9,900.00 $346,500.00 $6,000.00 $210,000.00 $8,000.00 $280,000.00 $9,400.00 $329,000.0 0 $16,000.00 $560,000.00 10 4"  HMA over 5" Reclaimed material (9" depth FDR) SF 27200 $4.60 $125,120.00 $5.10 $138,720.00 $3.69 $100,368.00 $5.75 $156,400.00 $6.00 $163,200.00 $5.25 $142,800.00 $7.50 $204,000.00 11 "4""  HMA over 8"" Reclaimed material (12"" depth FDR)" SF 130727 $3.80 $496,762.60 $4.34 $567,355.18 $3.69 $482,382.63 $4.75 $620,953.25 $5.00 $653,635.00 $4.75 $620,953.25 $6.50 $849,725.50 12 "Grind  & Overlay Asphalt Concrete min .1'" SF 106500 $1.25 $133,125.00 $1.39 $148,035.00 $1.23 $130,995.00 $1.40 $149,100.00 $1.40 $149,100.00 $2.00 $213,000.00 $2.75 $292,875.00 13 4"  HMA over existing base material (recompacted) SF 50865 $3.60 $183,114.00 $4.13 $210,072.45 $3.63 $184,639.95 $5.00 $254,325.00 $5.40 $274,671.00 $5.00 $254,325.00 $5.00 $254,3 25.00 14 Type  "A" AC Dike per CalTrans LF 80 $100.00 $8,000.00 $115.50 $9,240.00 $33.00 $2,640.00 $62.50 $5,000.00 $60.00 $4,800.00 $105.00 $8,400.00 $100.00 $8,000.00 15 Construct  shoulder backing LF 740 $10.00 $7,400.00 $14.17 $10,485.80 $13.00 $9,620.00 $15.75 $11,655.00 $11.00 $8,140.00 $6.00 $4,440.00 $30.00 $22,200.00 16 Smooth  Pavement Joint Transition LF 492 $5.00 $2,460.00 $4.92 $2,420.64 $22.00 $10,824.00 $47.00 $23,124.00 $30.00 $14,760.00 $10.00 $4,920.00 $18.00 $8,856.00 17 Signing  & Striping LS 1 $22,000.00 $22,000.00 $24,200.00 $24,200.00 $33,900.00 $33,900.00 $25,200.00 $25,200.00 $25,000.00 $25,000.00 $25,000.00 $25,00 0.00 $25,000.00 $25,000.00 18 Replaced  Damaged Traffic Loops EA 43 $410.00 $17,630.00 $448.80 $19,298.40 $444.00 $19,092.00 $825.00 $35,475.00 $500.00 $21,500.00 $408.00 $17,544.00 $975.00 $41,925.0 0 Subtotal $1,488,488.00 $1,701,677.47 $1,824,000.00 $1,893,067.25 $1,950,000.00 $2,193,632.25 $3,164,606.50 Total $1,488,488.00 $1,701,677.47 $1,824,000.00 $1,893,067.25 $1,950,000.00 $2,193,632.25 $3,164,606.50 I E General Engineering IncAll American Asphalt R.J.  NOBLE COMPANY Onyx  Paving Company, Inc. LC  Paving & Sealing, Inc. Hardy  & Harper, Inc ATP  General Engineering

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APPEDX1

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willnotberesponsible
123456‘I§
STREETREHABILITATIONPROJECTCIPNo.5713 B|DDER'SPROPOSAL
Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentfortheStreetRehabilitationProject,CIPNo.5690,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,andequipmentfortheStreetRehabilitationProject,CIPNo.5713appurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2018asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.

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BIDSCHEDULE
BIDDER'SPROPOSAL(cont'd)
BASEBID—STREETREHABILITATIONPROJECT,CIPNo.5713
CIPNo.5713
It?DESCRIPTION
1 ...Mobilization(nottoexceed5%)2 Traf?candPedestrianControl3 Clearina.GrubbinoandRemovals4 TemporaryConstructionProjectIdenti?cationSion5 WaterQualityControl6 AdiustEx.ManholetoNewF.S7 AdjustEx.ValveCan/LidandCleanOuttoNewF.S.8 RelocateEx.SiansandPosts.9RemoveandReplaceExistADARampperCityStd.104"HMAover5"Reclaimedmaterial(9"depthFDR)114"HMAover8"Reclaimedmateriall12"depthFDR)12Grind&OverlayAsphaltConcretemin.1’134"HMAoverexistingbasemateriallrecompactedl14Type"A"ACDikeperCa|Trans15 Constructshoulderbacking UNIT

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ESTIMATEDUNITEXII-_II:::I“IzEDQUANTITYPRICEAMOUNTSS:000$3,00.:Q ,‘(o:1,CfI;?7é‘fo1 90x99»§"0Jraga33‘!0::3 L?90¢-I-;s‘E1 Z§0o7..§‘0a 341,3ooem,.26,
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STREETREHABILITATIONPROJECTCIPNo.5713 B|DDER'SPROPOSAL(cont'd) BASEBID—STREETREHABILITATIONPROJECT,CIPNo.5713
'T;§"DESCRIPTIONumEgmjfg5;;
16SmoothPavementJointTransitionLF492g D’‘I9017 & L81 9‘Duo3"?»$0 18 Traf?cEA43TI/0I7’6’?5
TOTALBASEBIDL‘!9%‘-I9**'k***********'k*******-k-k****-k****'k**OF *'k***'k*****'k*****'k*************-k**** ADDITIVEABIDITEMSASFOLLOWS:ITE EXTENDEDESTIMATEDM DESCRIPTIONorITEMS“II”IIIRIIIIICTEITEMNo QUANTITYAMOUNT A1 TOTALBIDADDITIVEA(numbers)-k************~k’k*****************A *************-k*********-k******** BASEBIDTOTAL(inwords)I /-"*’ ‘K94.47-6?)!»-1-?eas-Contractor'sInitials ADDITIVEABIDITEMSTOTAL(inwords)
Contractor'sInitialsIntheeventofavariationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.ifthebidisillegibleandcannotbereconcileditwillbeconsiderednon—responsiveandwillnotbeconsideredforaward.

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STREETREHABILITATIONPROJECTCIPNo.5713 B|DDER'SPROPOSAL(cont'd) Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedu|e(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedule(s).Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency'sdeterminationastothereasonablenessofanysuchbidshallbefinal.TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregularity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract.Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.Itemnumbersfollowedby”(S)”aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor'sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove,includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.

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STREETREHABILITATIONPROJECTCIPNo.5713 B|DDER'SPROPOSAL(cont’d) W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.

Completethefollowing:

Legalnameofthebusiness,DIRReg.andContractorLicenseNosCorporationBusinessType(Corporation,Partnership,SoleProprietor)**NlA*'kDBA(ifany)EdwardJCarlson,VicePresidentNameandtitleoftheownerMichaelFarkas,SecretaryNameandtitleofsecondpartnerorofficer400EastSixthStCoronaCA92879BusinessAddress951-738-7600Telephonenumber951-736-7646Facsimilenumber MauriceRamirez,PF0J9Ctmanagermramirez@al|americanaspha|t.comNameandEmailaddressofprimarycontactwww.al|americanaspha|t.comCompanywebaddress l«l,—7,<1 l—Z—zc/Signaturedder DateSignatureofBidder DateEdwardJCarlson,VicePresidentIV\\(,l-amFarl=09.S€crc+af'~/

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STREETREHABILITATIONPROJECTCIPNo.5713 B|DDER'SPROPOSAL(cont’d) EdwardJCarlsonVicePresidentMichaelFarkaswSecretawPrintnameandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateof?cersarerequired.)

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STREETREHABILITATIONPROJECTCIPNo.5713 BIDDER'SPROPOSAL(cont’d) CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicense:StateofCalifornia'A’Contractor'sLicenseCombinationofSpecialtyClass‘C’Contractor'sLicenses2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor'slicense(s)which:a.Bearsthelicensenumber(s)267073b.Expireson:1/31/2024 I«z«Z4 l~Z—MSignatuBid DateSignatureofBidder Date
EdwardJCarlson,VicePresidentMichaelFarkas,SecretaryPrintnameandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateo?icersarerequired.)ThisrequiredlicensedeterminationhasbeenmadebytheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidonthisworkmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.TheAgencymayconductareviewofthecontemplatedworktore-evaluatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency'sdecisionastotherequiredlicensewillbefinal.

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STREETREHABILITATIONPROJECTcwNo.5713 B|DDER'SPROPOSAL(cont’d) BIDSECURITYFORMFORCHECKNOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOFCHECKACCOMPANYINGBIDAccompanyingthisproposalisaCertifiedCheckorCashier'sCheckpayabletotheorderoftheCityofHemet,hereinafterreferredtoas"Agency",fordollars($ ,thisamountbeing10percent(10%)ofthetotalamountofthebid.Thischeckshallbereturnedtotheundersignedonlyifeitherofthefollowingoccurs:

A.IfsaidBidshallberejectedbytheAgency;B.IfsaidBidshallbeacceptedbytheAgencyandtheUndersignedshallexecuteanddeliveraContractintheformattachedhereto(properlycompletedinaccordancewithsaidBid)andshallfurnishbondsrequiredforhis/her/itsfaithfulperformanceofsaidContractandforthepaymentofallpersonsperforminglabororfurnishingmaterialsinconnectiontherewith,andshallinallotherrespectsperformtheContractcreatedbyacceptanceofsaidBid.Otherwise,saidcheckshallbecomethepropertyoftheAgency.SaidcheckshallalsobecomethepropertyoftheAgencyiftheUndersignedshallwithdrawhis/her/itsbidwithintheperiodofsixty(60)calendardaysafterthedatesetfortheopeningthereof,unlessotherwiserequiredbylaw,andnotwithstandingtheawardoftheContracttoanotherbidder.

SignatureofBidder DateSignatureofBidder Date
Printnameandtitle Printnameandtitle
(IftheBidderisacorporation,twosignaturesofcorporateo?icersarerequired.) **B|DBOND|NCLUDED**

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Aspht’.-/E4-o..5?'
BidBondNo.08597423BidDate:01/08/2024STREETREHABILITATIONPROJECTCIPNo.5713 B|DDER'SPROPOSAL(cont'd) BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTSThattheundersignedAllAmericanAsphalt(NameofContractor)asPrincipalandtheundersignedasSuretyareheldandfirmlybounduntoOwner,CITYOFHEMET,apoliticalsubdivisionoftheStateofCalifornia,asobligee,inthepenalsumof(DollarAmountInwords)TenPercentofTotalAmountBid------- Dollars($10%OfBid------ IlawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal'sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,saidPrincipalissubmittingaBidforSTREETREHABILITATIONPROJECT-CIPNO.5713THECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipalshallwithintherequiredperiodsenterintotheContractsoawardedandprovidetherequiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBond,insurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheInstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.INWITNESSWHEREOF,theaboveboundenpartieshaveexecutedthisinstrumentthis21stdayofDecember,20§.(Month) AllAmerican(CorporateSeal) ByPrinciJ,Carlson,Va‘C¢‘PICS/9/£91/{‘ByFidelitvandDepositCompanvofMarvlandSurety(Cc)rpc§rate__S;eal)ByRebeccaHaas-Bates,Attorney-in-Fact

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SarahAmandaLaneievNotarvhublic,
7 whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)islaresubscribedtothewithininstrumentandacknowledgedtomethathe/she-ltheyexecutedthesameinhis/her-ltheirauthorizedcapacity(ies),andthatbyhislheeitheirsignature(s)ontheinstrumenttheperscn(s).ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.

Signatur SlgnlwreMauryPuhli:
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EdwardJ.Carlson
Preside
T. M_
Representing:AllAmericanAsghalt
CALFORNAALL-PURPOSEACKNOWLEDGEMENTCIVLCODE1189
Anotarypublicorotherofficercompletingthiscerti?cateveri?esonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateISattached.andnotthetruthfulness.accuracv.orvaliditvofthatdocument.

StateofCaliforniaCountyof RiversideOnJanuary2»2024beforeme,Date HereInsertnameandTitleoftheOf?cer personallyappeared EdwardJ.CarlsonNametsjrofSigner(s7-
SARAHAMANDALANGLEY_ NotaryPublic-CaliforniaE RiversideCounty‘ Commission#2337877Comm.ExpiresNov20,2024IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforgoingparagraphistrueandcorrect.WITNESSseal.

PlaceNotarySealAbove of
OPTIONALThoughtheinformationbelowisnotrequiredbylaw,itmayprovevaluabletopersonrelydocumentandcouldpreventfraudulentremovalandreattachmentofthisfonntoanotherDescriptionofAttachedDocumentTitleorTypeofDocumentBldderlsBondDocumentDate:12/21/23NumberofPages:3RebeccaHaas-Bates,AttorneyinFactSigner(s)OtherThanNamedAbove:

Signer’sName:N/A
U'"d‘VldUa' .3Individual)(CorporateOf?cer-Tit|e(s):Vicent ,3CorporateOfficer_-I-mas);N/AElPartnerLlElLimited:1General ,3partner'3,3LimitedE,GeneralBAtt0“'leYinFact DAttorneyinFactDTrustee Topofthumbhere DTrustee TOPofthumbhere ElOther: ,3other;A
SignerisRepresenting:Signeris
Capacity(ies)ClaimedbySigner(e)Signer'sName:

RWGHTTHUMBPRINT RWGHTTHUMBPRWNTOFSIGNEROFSIGNER

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g L.GOMEZFNnnryPuhli:-California_
OrangeCounty g
* Comm|ss|nn-:141mu
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executedstrumentt
Notary
FidemyandDepositCompanyofMaryland
CALIFORNIAALL-PURPOSEACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCalifornia )CountyofOrange )On12/21/2023beforeme,L.Gomez,NotaryPublicDate HereInsertNameandTitleoftheOfficerpersona?yappearedRebeccaI-Iaas-BatesNamelsiofSignerl‘.s;l whoprovedtomeonthebasisofsatisfactoryevidencetobethepersonts)whosename(s).is/aresubscribedtothewithininstrumentandacknowledgedtomethat‘he./she/theythesameinms/her/theirauthorizedcapacity(I‘es.),andthatbyhis/her/theirsignatureZs).onthein heperson(s5.,ortheentityuponbehalfofwhichthepersonb)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandandofficialseal.

NNA1
SignatureSignaturePublic
PlaceNotarySealAboveOPTIONALThoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofAttachedDocumentTitleorTypeofDocument:BidBondDocumentDate:12/7-1/2023NumberofPages:OnegllSigner(s)OtherThanNamedAbove:A“Ameri°anAS13ha1tCapacity(ies)ClaimedbySigner(s)Signer’sName:RebeccaI--Iaas-BatesSigner’sName:CorporateOfficer— Title(s): CorporateOfficer— Title(s):Partner— LimitedGeneralPartner— LimitedCGeneral T
individualE'AttorneyinFact individualAttorneyinFact
_TrusteeGuardianorConservatorZlTrusteeGuardianorConservator T
Other: IfOther:SignerlsRepresenting:SignerlsRepresenting ©2014NationalNotaryAssociation-www.NationalNotary.org-1-800-USNOTARY(1-800-876-6827)Item#5907

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AltgmcyFactmay.bywritteninstmmcntundertheallcslcdcorporateseal,Bppoiniattomcys-in-factw authoritytoexecutends,policies.rocognimacs; stipulations.undertakings,orotherlikeinslntmcnlsonbchaifoftheCompany,andmauthorizcanyof?ceranysuchatlomcy-infactto armthecorporatesealthereto;andmaywithorwithoutcausemodifyorrevokeanysuappointmentornuthtyatanytime."CERTIFICATE o 5'»‘
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EXTRACTFROMBY-LAWSOFTHECOMPANIES"ArticleV ,Section8, .TheChiefExecutiveOfficer,thePresident,oranyExecutiveVicePresidentorVicePresidentith b0 7.ya or - ch ori
ofDecember2023

SEALSEALSEAL
TOREPORTACLAIMWITHREGARDTOASURETYBOND,PLEASESUBMITACOMPLETEDESCRIPTIONOFTHECLAIMINCLUDINGTHEPRINCIPALONTHEBOND,THEBONDNUMBER,ANDYOURCONTACTINFORMATIONTO:ZurichSuretyClaims1299ZurichWaySchaumburg,IL60196-1056800-626-4577 Authenticityofthisbondcanbeconfirmedatbondvalidatonzurichna.comor410-559-8790 I,theundersigned,VicePresidentoftheZURICHAMERICANINSURANCECOMPANY ,theCOLONIALAMERICANCASUALTYANDSURETYCOMPANY ,andthe"FIDELITYANDDEPOSITCOMPANYOFMARYLAND,doherebycertifythattheforegoingPowerofAttorneyisstillinfullforceandeffectonthedateofthiscerti?cate;andIdofurthercertifythatArticleV ,Section8,oftheBy-LawsoftheCompaniesisstillinforce.ThisPowerofAttorneyandCerti?catemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsoftheZURICHAMERICANINSURANCECOMPANYatameetingdulycalledandheldonthe15thdayofDecember1998.RESOLVED:"ThatthesignatureofthePresidentoraVicePresidentandtheattestingsignatureofaSecretaryoranAssistantSecretaryandtheSealoftheCompanymaybeaffixedbyfacsimileonanyPowerofAttomey...AnysuchPoweroranycerti?catethereofbearingsuchfacsimilesignatureandsealshallbevalidandbindingontheCompany."ThisPowerofAttomeyandCertificatemaybesignedbyfacsimileunderandbyauthorityofthefollowingresolutionoftheBoardofDirectorsoftheCOLONIALAMERICANCASUALTYANDSURETYCOMPANYatameetingdulycalledandheldonthe5thdayofMay,1994,andthefollowingresolutionoftheBoardofDirectorsoftheFIDELITYANDDEPOSITCOMPANYOFMARYLANDatameetingdulycalledandheldonthel0thdayofMay,I990.RESOLVED:"ThatthefacsimileormechanicallyreproducedsealofthecompanyandfacsimileormechanicallyreproducedsignatureofanyVice-President,Secretary,orAssistantSecretaryoftheCompany,whethermadeheretoforeorhereafter,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompany,shallbevalidandbindingupontheCompanywiththesameforceandeffectasthoughmanuallyaffixed.INTESTIMONYWHEREOF,IhavehereuntosubscribedmynameandaffixedthecorporatesealsofthesaidCompanies,this21stday and ThomasO.McClellan

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STREETREHABILITATIONPROJECTCIPNo.5713 B|DDER'SPROPOSAL(cont’d) NON-COLLUSIONAFFIDA VITPUBLICCONTRACTCODESECTION7106NON—COLLUS|ONDECLARATIONTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBIDTheundersigneddeclares:iamtheVicePresidentofAllAmericanAslthepartymakingtheforegoingbid.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.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingistrueandcorrectandthatthisdeclarationisexecutedonI’l'l"[[date],atCorona[city],§;a|ifQmia[state].

Sign DateSignatureofBid Date
EdwardJCarlson,VicePresidentMichaelFarkas,SecretaryPrintnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateo?icersarerequired.)

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Janua SarahAmandaLanglev.NotarvPublic
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1,- SARAHAMANDALANGLEYENsmerltheirizedcapacity(ie, andthatNatarvWW-C=|"°"“a signature(s)nslrumentthepson(s),Orthe mm
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EdwardJ.Carlson Michael
VicePresident
AllAmericanAsghall AllAmerirgnAsghail
CALFORNAALL-PURPOSEACKNOWLEDGEMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscerti?cateveri?esonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached.andnotthetruthfulness.accuracv_orvaliditvofthatdocument.

StateofCaliforniaCountyof Riversideon N2.2024Date
personallyappeared
PlaceNotarySealAbove
beforeme, .HereInsertnameandTitleoftheOf?cer
EdwardJ.CarlsonandaelFarkasName(s)ofSigner(s)
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethatheilshe/theyexecutedthesameinauthors) byhislher/theironthei rs entityuponbehalfperson(d nt.YunderthelawsoftheStateofstrueandcorrect.IcertifyunderPENALTY0CaliforniathattheforgoingWITNhandandcialseal.S of OPTIONALThoughtheinformationbelowisnotrequiredbylaw,itmayprovevaluabletopersonrelyingonthedocumentandcouldpreventfraudulentremovalandreattachmentofthisformtoanotherdocument.DescriptionofAttachedDocumentorofDocumentDocumentDate:01/02/2024Signer(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName:DindividualXCorporateOf?cer— Tit|e(s):aPartnerDaLimitedElGeneralinAttorneyinFactElTrusteeoOther:

SignerisRepresenting:

Topofthumbhere
NumberofPages:1
Signer'sName:FarkasElIndividualXCorporateOf?cer— Tit|e(s):Secretaryr:rPartnerLlElLimitedDGeneralElAttorneyinFactaTrusteeElOther:

Topofthumbhere
SignerisRepresenting:

RIGHTTHUMBPRINT RIGHTTHUMBPRINTOFSIGNER OFSIGNER

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3996396.00_a
Realty. OM93
025 ..
,947, Date
STREETREHABlL|TAT|ONPROJECTCIPNo.5713 B|DDER'SPROPOSAL(cont’d) CONTRACTOR'SREFERENCELISTAttachtothisbidalistofthree(3)projectsinthepastfive(5)yearsonwhichthebidderandhissubcontractor(s)havesuccessfullyconstructedandcompletedprojectswiththesametype(elements),sizeandcomplexityofwork.TheAgencyEngineerwillmakethefinaldeterminationofwhethertheprojectslistedhereareofthesametype,sizeandcomplexityasthisproject.

Failureofbiddertosupplysufficientdocumentationofsimilarelectric,telephone,cableandbeconsideredgroundsforasanitarysewerundergroundfacilitiesexperienceshallnon—responsivebidand,attheAgency'sdiscretion,saidbidwillbedisqualified.ProjectName:PLANNINGAREA3.1STREETIMPROVEMENTContractPrice: DateofCompletion:Name,Address,andTelephoneNumberofOwner'sRepresentative:RMV|nc28811HwySanJuanCapistrano,CA92693KellyHaymesKhaymes@ranchomvcomprojectName;DalesDr.andParkridgeAveStreetImprovementContractPrice1 335-00 DateofCompletion:Name,Address,andTelephoneNumberofOwner'sRepresentative:CityofSantaClarita23920ValenciaBlvdValencia,CA91355JuanaAlfaro661-255-4942projectName;MeridianPhase3StreetImprovements887.50 ofCompletion:ContractPrice:4Name,Address,andTelephoneNumberofOwner'sRepresentative:LewisOperatingCorp1156NMOUNTAINA VEUPLAND,CA91786PriscillaYi562-902-2374(Attachadditionalpagesasnecessary) 4/2022
6/2022
12/2022

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2022T RRFREN
bcardenas?manhattanbeach.gov
khaymes?ranchommcom
rhughes@wi|Idan.co
[email protected]
aperez?cigofhighlaniorg
PASW0KEECES
CityofManhattanBeach1400HighlandAve.ManhattanBeach,CA90266Contact:BiancaCardenas(310)802-5357 RMVRealty,Inc.28811OrtegaHwySanJuanCapistrano,CA92693Contact:KellyHaymes CityofWestlakeVillage31200OakCrestDr.WestlakeVillage,CA91361Contact:RoxanneHughes(805)890-8885m CityofBurbank275EOliveBurbank,CA91502Contact:ArtinMegerdichian(818)238-3942 CityofHighland27215BaseLineSt.Highland,CA9234Contact:AmandaPerez(909)864-6861 SlurrySealofCentralAreaofSandsSectionContractAmount:$730,251.42StartDate:12/2021EndDate:7/2022 PlanningArea3.1StreetImprovementContractAmount:$3,996,996.00StartDate:4/2021EndDate:4/2022 DalesDr.andParkridgeAveStreetlmprov.Amount:$1,025,336.00StartDate:5/2022EndDate:6/2022 LocalResidentialSt.lmprov.ProjectContractAmount:$7,761,320.00StartDate:1/2022EndDate:12/2022 PavementManagementProgramContractAmount:$2,082,099.00StartDate:10/2021EndDate:12/2022

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2022R RENE
bhaskelI@to||bruthers.com
Nick.esgusito@cig(nffu|lertan.com
[email protected]
[email protected]
hamid@vi|la§ark.org
J , Jll .uI.1d«1ii .1?ll,
PASTW0
TollBros,Inc.725W.Town&CountryRoad,Ste200Orange,CA92868Contact:BrandonHaskell(714)347-1360 CityofFullerton303W.CommonwealthAveFullerton,CA.92632Contact:NickEsposito(714)738-6851 CityofNorco2870ClarkAveNorco,CA92860Contact:ChadBlais(951)270-5678 CityofNewportBeach100CivicCenterDriveNewportBeach,CA.92660Contact:BenDavis(949)644-3311 CityofVillaPark17855SantiagoBlvd.VillaPark,CA92667Contact:HamidTorkamanha(714)998-1500

KREFECS
TheMetroHeightsContractAmount:$2,675,250.00StartDate:11/2021EndDate:04/2022 MiscellaneousRehabFY21-22ContractAmount:$704,080.00StartDate:06/2022EndDate:12/2022 CorporateYardPavementRehabContractAmount:$612,755.33StartDate:10/2021EndDate:12/2022 E.CoastHighway&MargueriteAvenuePavementRehabilitationContractNo.7807-2ContractAmount:$3,363,056.00StartDate:01/2022EndDate:10/2022FY2021-Z022SlurrySealProjectContractAmount:$128,497.60StartDate:02/2022EndDate:12/2022

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2022PT RREFRNE
j|ogez2@norwa|kca.gov
[email protected]
‘alfaro@santa»c|arita.com
Bil|[email protected]
Priscil|[email protected]
ASWOK
CityofNorwalk12700NorwalkBlvd.Norwalk,CA90650Contact:DamianRosales(562)929-5527 CityofBuenaPark6650BeachBlvd.BuenaPark,CA90621Contact:CesarOrtiz(714)562-3689 CityofSantaClarita23920ValenciaBlvd.#120Valencia,CA91355Contact:JuanaAlfaro(661)255-4942 LewisOperatingCorp.1156N.MountainAve.Upland,CA91786Contact:BillHanson(909)985-0971 CityofLaMirada15515PhoebeAvenueLaMirada,CA90638Contact:PriscillaYi(562)902-2374 EECS
LocalSt.RehabilitationProjectContractAmount:$1,041,470.00StartDate:01/2021EndDate:12/2022 EighthStreetRehabProjectContractAmount:$510,000.00StartDate:1/2021EndDate:12/2022 DalesDr.andParkridgeAveStreetlmprov.Amount:$1,025,336.00StartDate:5/2022EndDate:6/2022 MeridianPhase3StreetImprovementsContractAmount:$4,947,887.50StartDate:11/2021EndDate:12/2022 NeighborhoodSlurrySealArea3ContractAmount:$799,151.00StartDate:6/2022EndDate:12/2022

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STREETREHABILITATIONPROJECTCIPNo.5713
NameofSubcontractorandLocationofPlaceofBusiness($935ULr..;-cy0rangeC19‘ .I’\‘/‘C-’$A,d‘€5}()'f,B
BIDDER'SPROPOSAL(cont’d)

DESIGNATIONOFSUBCONTRACTORS
DescriptionandSubcontractor’sDIRRegistrationPercentageofWorkLicenseNo. Number‘I7.'~’§"!HI000ooZ$‘33S(Afue\,/-I7. 713207I000377G.aq/7«J44;c/no13;(.67. [0g7,,_l,Oloooiégov-N-r9/‘9"/A5I$*r;')a~..J-‘I7- }0¢9oo03263PMIverfze§573§D— (Biddertoattachadditionalsheetsifnecessary)(PUBLICCONTRACTCODE§4100ETSEQ.)