Hemet City Council
February 13, 2024

21.A

01/11/2024
Voucher List
City of Hemet
48 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209559 1/11/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 700191972946 ELECTRIC BILLS

ELECTRIC BILLS
228-8270-2105 48.60
700201673552 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 127.25
700234915553 ELECTRIC BILLS

ELECTRIC BILLS
227-8263-2105 105.72
700245471375 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 86.49
700269765128 ELECTRIC BILLS

ELECTRIC BILLS
228-8265-2105 31.90
700311859892 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 19.50
700314933984 ELECTRIC BILLS

ELECTRIC BILLS
227-8279-2105 56.28
700333541618 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 159.71
700368568621 ELECTRIC BILLS

ELECTRIC BILLS
227-8261-2105 73.02
700375275765 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 23.54
700375530995 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 19.64
700376666505 ELECTRIC BILLS

ELECTRIC BILLS
Page: 48

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01/11/2024
Voucher List
City of Hemet
49 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209559 1/11/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 227-8288-2105 24.61
700382314329 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 573.10
700406638996 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 40.74
700406675675 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 25.04
700454261148 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 28.84
700460217857 ELECTRIC BILLS

ELECTRIC BILLS
227-8301-2105 339.37
700476963693 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 37.74

ELECTRIC BILLS
225-8250-2105 79.20
700489756680 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 14.05

ELECTRIC BILLS
227-8285-2105 15.24
700493767430 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 55.11
700493783897 ELECTRIC BILLS

ELECTRIC BILLS
227-8306-2105 58.78
700500208634 ELECTRIC BILLS

ELECTRIC BILLS
227-8260-2105 85.60
Page: 49

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01/11/2024
Voucher List
City of Hemet
50 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209559 1/11/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 700512061428 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 171.57
700528559108 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 194.38
700541612476 ELECTRIC BILLS

ELECTRIC BILLS
227-8283-2105 45.38

ELECTRIC BILLS
228-8283-2105 90.97

ELECTRIC BILLS
225-8250-2105 77.43

ELECTRIC BILLS
221-4200-2105 84.19
700546454695 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 655.55
700551514358 ELECTRIC BILLS

ELECTRIC BILLS
685-4560-2105 261.61
700570235257 ELECTRIC BILLS

ELECTRIC BILLS
227-8290-2105 18.25

ELECTRIC BILLS
227-8276-2105 299.34
700573411908 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 18.28
700575572782 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 301.37
700575612491 ELECTRIC BILLS

ELECTRIC BILLS
110-4250-2105 690.28
Page: 50

21.A

01/11/2024
Voucher List
City of Hemet
51 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209559 1/11/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 700575649069 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 2,553.28
700575666550 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 8,480.96
700597642306 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 11.67
700601161584 ELECTRIC BILLS

ELECTRIC BILLS
571-9000-2105 105.38
700617412623 ELECTRIC BILLS

ELECTRIC BILLS
225-8250-2105 16.98
700624614467 ELECTRIC BILLS

ELECTRIC BILLS
227-8282-2105 17.28
700691090991 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 62.17
700691091395 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 83.85
700691168591 ELECTRIC BILLS

ELECTRIC BILLS
685-4560-2105 1,219.36
700714804966 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 74.74
700714805067 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 62.23
700722882541 ELECTRIC BILLS

ELECTRIC BILLS
Page: 51

21.A

01/11/2024
Voucher List
City of Hemet
52 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209559 1/11/2024 59145 SOUTHERN CALIFORNIA EDISON (Continued) 227-8288-2105 32.35
700723796967 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 34.75
700723824047 ELECTRIC BILLS

ELECTRIC BILLS
227-8288-2105 31.29
700761437112 ELECTRIC BILLS

ELECTRIC BILLS
227-8287-2105 268.87
700814423057 ELECTRIC BILLS

ELECTRIC BILLS
227-8266-2105 93.05
700819551832 ELECTRIC BILLS

ELECTRIC BILLS
221-4200-2105 34.29
Total : 40,856.98
209560 1/11/2024 59150 SOUTHERN CALIFORNIA GAS CO 01588594562 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 15.29
05552545005 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 46.29
08512433254 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 64.77
09142433235 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 15.29
12272552006 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 49.09
13552433008 MONTHLY GAS BILLS

MONTHLY GAS BILLS
Page: 52

21.A

01/11/2024
Voucher List
City of Hemet
53 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209560 1/11/2024 59150 SOUTHERN CALIFORNIA GAS CO (Continued) 685-4560-2115 890.84
14602433568 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 186.66
16839831845 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 186.64
16915239764 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 47.31
17542433523 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 115.01
17752433346 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 139.75
17962433391 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 101.86
19222435406 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 498.53
19422505008 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 1,959.59
19432435725 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 330.54
20052532007 MONTHLY GAS BILLS

MONTHLY GAS BILLS
685-4560-2115 131.89
Total : 4,779.35
209561 1/11/2024 93463 SOUTHERN CALIFORNIA MULCH INC 31717 DELIVERY AND INSTALLATION OF MULCH 2024-000331 DELIVERY AND INSTALLATION OF MULCH VIA
Page: 53

21.A

01/11/2024
Voucher List
City of Hemet
54 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209561 1/11/2024 93463 SOUTHERN CALIFORNIA MULCH INC (Continued) 110-4250-2801 4,190.25
Total : 4,190.25
209562 1/11/2024 98189 SPARKLETTS 227410098 122923 DRINKING WATER 2024-000197 WATER DELIVERY
110-3241-2450 851.64
22863333 122323 DRINKING WATER
2024-000197 WATER DELIVERY
120-4102-2250 37.96
Total : 889.60
209563 1/11/2024 60005 STANDARD INSURANCE OF OREGON Ben521146 LIFE INSURANCE GENERAL: PAYMENT LIFE INSURANCE GENERAL: Payment
750-2145 608.00
LIFE INSURANCE MGMT: Payment
750-2145 704.00
LIFE INSURANCE AT WILL: Payment
750-2145 388.48
LIFE INSURANCE POLICE: Payment
750-2145 870.00
LIFE INSURANCE FIRE: Payment
750-2145 408.00
LIFE INSURANCE HNSPEA: Payment
750-2145 232.00
Total : 3,210.48
209564 1/11/2024 76654 STAPLES ADVANTAGE 3553254204 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS 2024-000008 OFFICE SUPPLIES
100-1801-2250 130.49
3554486704 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
685-4560-2250 63.29
3554982891 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
684-4550-2250 452.42
Page: 54

21.A

01/11/2024
Voucher List
City of Hemet
55 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209564 1/11/2024 76654 STAPLES ADVANTAGE (Continued)
3554982893 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
685-4560-2250 57.45
3554982894 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
685-4560-2250 161.65
3555390351 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
100-1400-2250 63.82
2024-000008 OFFICE SUPPLIES
100-1403-2250 10.28
3555390352 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
115-3000-2700 304.48
3555830556 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
100-1401-2250 58.94
3555830558 OFFICE SUPPLIES FOR ALL CITY DEPARTMENTS
2024-000008 OFFICE SUPPLIES
254-4600-2254 120.43
2024-000008 OFFICE SUPPLIES
254-4650-2254 120.43
2024-000008 OFFICE SUPPLIES
571-9000-2254 190.69
Total : 1,734.37
209565 1/11/2024 60258 STATE WATER RESOURCES (SWRCB) LW-1044609 WATER SYSTEM ANNUAL FEES

WATER SYSTEM ANNUAL FEES
571-9000-2450 35,572.11
Total : 35,572.11
209566 1/11/2024 60258 STATE WATER RESOURCES (SWRCB) WD-0262771 INDEX:590569 -ANNUAL PERMIT FEE INDEX:590569 -ANNUAL PERMIT FEE
254-4650-2450 399.00
Page: 55

21.A

01/11/2024
Voucher List
City of Hemet
56 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209566 1/11/2024 60258 60258 STATE WATER RESOURCES (SWRCB) (Continued) Total : 399.00 209567 1/11/2024 60258 STATE WATER RESOURCES (SWRCB) REQ 122723 WATER DIST D3, T BURKE OP#10376 WATER DIST D3, T BURKE OP#10376
571-9000-2560 90.00
Total : 90.00
209568 1/11/2024 78369 STERICYCLE INC 8004857136 SELECT PURGE SERVICE, PAPER

SELECT PURGE SERVICE, PAPER
110-3007-2710 654.72
Total : 654.72
209569 1/11/2024 30355 SUPERIOR REDI MIX 396380 READY MIX CONCRETE, CLASS II BASE AND 2024-000151 READY MIX CONCRETE, CLASS II BASE AND
571-9000-2450 601.39
397946 READY MIX CONCRETE, CLASS II BASE AND
2024-000151 READY MIX CONCRETE, CLASS II BASE AND
571-9000-2450 917.97
Total : 1,519.36
209570 1/11/2024 61002 SWAINS ELECTRIC MOTOR SERVICE B08621-IA ELECTRIC MOTOR SERVICE 2024-000022 ELECTRIC MOTOR SERVICE
571-9000-2450 1,445.24
Total : 1,445.24
209571 1/11/2024 83508 T-MOBILE USA INC 9555495227 GPS LOCATE

GPS LOCATE
115-3002-2710 100.00
9555495228 TIMING ADVANCE

TIMING ADVANCE
115-3002-2710 25.00
Total : 125.00
209572 1/11/2024 93167 TRACTOR SUPPLY CO 2688 EQUIP PARTS/SUPPLIES

EQUIP PARTS/SUPPLIES
110-4250-2450 154.37
Page: 56

21.A

01/11/2024
Voucher List
City of Hemet
57 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209572 1/11/2024 93167 93167 TRACTOR SUPPLY CO (Continued) Total : 154.37 209573 1/11/2024 98609 TRANE RENTAL SERVICES 314163347 LIBRARY CHILLER RENTAL 2024-000312 RENTAL OF 1-120 TON AC CHILLER W/PUMP~
110-6100-5400 9,878.85
Total : 9,878.85
209574 1/11/2024 96247 TURF RENOVATION MACHINERY INC 2023582 PARTS/SUPPLIES

PARTS/SUPPLIES
225-8250-2450 623.13
Total : 623.13
209575 1/11/2024 80956 U S BANK VOYAGER FLEET SYS 86912-3901 FUEL FUEL
571-9000-2623 313.08
FUEL
254-4600-2623 867.06
FUEL
110-3200-2623 486.39
FUEL
110-3000-2623 727.84
Total : 2,394.37
209576 1/11/2024 78838 ULINE 172139885 COURIER SUPPLIES

COURIER SUPPLIES
571-9000-2450 198.13
Total : 198.13
209577 1/11/2024 63783 UNDERGROUND SERVICE ALERT 1220230315 DIG ALERT SERVICES 2024-000009 DIG ALERT NOTIFICATION SERVICES
225-8250-2710 186.75
2024-000009 DIG ALERT NOTIFICATION SERVICES
227-8250-2710 186.00
2024-000009 DIG ALERT NOTIFICATION SERVICES
571-9000-2710 179.75
2024-000009 DIG ALERT NOTIFICATION SERVICES
Page: 57

21.A

01/11/2024
Voucher List
City of Hemet
58 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209577 1/11/2024 63783 UNDERGROUND SERVICE ALERT (Continued) 254-4600-2710 122.50
23-242174 DIG ALERT SERVICES
2024-000009 DIG ALERT NOTIFICATION SERVICES
571-9000-2710 177.48
Total : 852.48
209579 1/11/2024 91112 UNIFIRST CORP 2200073253 UNIFORM CLEANING SERVICES 2024-000035 UNIFORM CLEANING SVC
221-4200-2700 24.66
2200073258 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4650-2700 29.02
2200073259 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4600-2700 20.63
2200075777 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
221-4200-2700 24.66
2200075782 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4650-2700 29.02
2200075783 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4600-2700 20.63
2200078222 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-3003-2700 132.30
2200078231 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
571-9000-2700 91.02
2200078232 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-4250-2700 26.74
2200078233 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
Page: 58

21.A

01/11/2024
Voucher List
City of Hemet
59 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209579 1/11/2024 91112 UNIFIRST CORP (Continued)
221-4200-2700 24.66
2200078234 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2700 22.89
2200078236 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
228-8250-2700 11.42
2024-000035 UNIFORM CLEANING SVC
225-8250-2700 11.42
2024-000035 UNIFORM CLEANING SVC
110-4250-2700 11.41
2200078237 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4650-2700 29.02
2200078238 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4600-2700 20.63
2200078239 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
228-8265-2700 16.58
2200081229 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-3003-2700 132.30
2200081238 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
571-9000-2700 112.11
2200081239 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-4250-2700 26.74
2200081240 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
221-4200-2700 24.66
2200081241 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2700 22.89
Page: 59

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01/11/2024
Voucher List
City of Hemet
60 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209579 1/11/2024 91112 UNIFIRST CORP (Continued)
2200081242 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
684-4550-2700 76.38
2200081243 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-4250-2700 11.42
2024-000035 UNIFORM CLEANING SVC
225-8250-2700 11.42
2024-000035 UNIFORM CLEANING SVC
228-8250-2700 11.41
2200081244 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 84.60
2200081245 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4650-2700 29.02
2200081246 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4600-2700 20.63
2200081247 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
228-8265-2700 16.58
2200081248 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 23.32
2200081249 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 26.12
2200081250 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 15.36
2200081251 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 5.68
2200081252 UNIFORM CLEANING SERVICES
Page: 60

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01/11/2024
Voucher List
City of Hemet
61 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209579 1/11/2024 91112 UNIFIRST CORP (Continued)
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 7.10
2200081253 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 13.68
2200081254 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 27.61
2200081255 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 5.12
2200081256 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
685-4560-2400 3.70
2200083828 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
571-9000-2700 85.03
2200083829 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-4250-2700 26.74
2200083829 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-4250-2700 26.74
2200083830 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
221-4200-2700 24.66
2200083832 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
684-4550-2700 73.50
2200083833 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
110-4250-2700 11.42
2024-000035 UNIFORM CLEANING SVC
225-8250-2700 11.42
2024-000035 UNIFORM CLEANING SVC
Page: 61

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01/11/2024
Voucher List
City of Hemet
62 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209579 1/11/2024 91112 UNIFIRST CORP (Continued)
228-8250-2700 11.41
2200083834 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4650-2700 29.02
2200083835 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
254-4600-2700 20.63
2200083836 UNIFORM CLEANING SERVICES
2024-000035 UNIFORM CLEANING SVC
228-8265-2700 16.58
Total : 1,591.71
209580 1/11/2024 98492 USABLUEBOOK INV00222205 WATER DEPT SUPPLIES & EQUIPMENT 2024-000034 WATER DEPT SUPPLIES & EQUIPMENT
571-9000-2450 287.80
Total : 287.80
209581 1/11/2024 98776 V A AIR CONDITIONING HEATING 1296 SHR - CISNEROS - VA AIR CONDITIONING- 14 2024-000488 SHR - CISNEROS - 1445 W. FLORIDA AVENUE
240-3988-2400 2,545.00
Total : 2,545.00
209582 1/11/2024 70240 VERIZON BUSINESS 06018589 FIRE ADMIN & FS2 FAX-LONG DISTANCE FIRE ADMIN & FS2 FAX-LONG DISTANCE
680-1935-2200 54.63
Total : 54.63
209583 1/11/2024 97290 VERIZON CONNECT NWF INC 6050000050418 GPS SERVICES 2024-000221 CO#1 - 10-17-23 - increased PO to cover
110-3013-2710 1,648.65
Total : 1,648.65
209584 1/11/2024 32992 VULCAN MATERIALS CO 73863642 ASPHALT AND BASE MATERIALS 2024-000152 ASPHALT AND BASE MATERIALS
221-4200-2450 448.49
73863643 ASPHALT AND BASE MATERIALS
Page: 62

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01/11/2024
Voucher List
City of Hemet
63 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209584 1/11/2024 32992 VULCAN MATERIALS CO (Continued)
2024-000152 ASPHALT AND BASE MATERIALS
571-9000-2450 194.30
73863644 ASPHALT AND BASE MATERIALS
2024-000152 ASPHALT AND BASE MATERIALS
221-4200-2450 1,102.73
73870500 ASPHALT AND BASE MATERIALS
2024-000152 ASPHALT AND BASE MATERIALS
571-9000-2450 237.89
Total : 1,983.41
209585 1/11/2024 86381 WEST COAST LIGHTS & SIRENS INC 24943 CUSTOM FARBRICATED PARTS 2024-000068 CUSTOM FARBRICATED PARTS
684-4550-2350 229.65
Total : 229.65
209586 1/11/2024 78103 WHITE HOUSE SANITATION 0002721468 PORTABLE SANITATION SERVICE

PORTABLE SANITATION SERVICE
228-8265-2400 93.62
Total : 93.62
209587 1/11/2024 98938 WHITE, RITA 142724 REFUND - CLOSED UTILITY ACCT

REFUND - CLOSED UTILITY ACCT
571-0835 68.03
Total : 68.03
209588 1/11/2024 98165 WILLDAN ENGINEERING 00713966 WILLDAN PLAN CHK SVCS 2024-000023 Establishing new Blanket PO for FY2324
120-3300-2610 22,320.00
Total : 22,320.00
209589 1/11/2024 95901 WUERTH, JOHN REQ 010924 PLANNING COMMISSION STIPEND

PLANNING COMMISSION STIPEND
120-1701-2710 50.00
Total : 50.00
209590 1/11/2024 96216 YOUNGBLOOD & ASSOCIATES 2136A POLYGRAPH EXAM Page: 63

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01/11/2024
Voucher List
City of Hemet
64 1:04:14PM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 209590 1/11/2024 96216 YOUNGBLOOD & ASSOCIATES (Continued)

POLYGRAPH EXAM
115-3000-2710 1,050.00
Total : 1,050.00
183 Vouchers for bank code : 001 Bank total : 1,580,469.36 183 Vouchers in this report Total vouchers : 1,580,469.36 I, Tori Roberts, CPA, Administrative Services Director, do hereby certify under penalty of perjury, that the
materials have been furnished, the services rendered,
or the labor performed as described herein, and that the claim is a just, due and unpaid obligation against the
City of Hemet, and that I am authorized to authenticate and certify to said claim.

Page: 64

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Feb 13 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Approval of the Regular City Council Meeting Minutes of January 9, 2024 and January 30, 2024 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve the Regular City Council Meeting Minutes of January 9, 2024, and January 30, 2024.

STRATEGIC PLAN INTEGRATION:

N/A
ATTACHMENT(S):

City Council Meeting - Jan 09 2024 - Minutes
City Council Meeting - Jan 30 2024 - Minutes

22.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, January 9, 2024
CLOSED SESSION – 6:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Mayor Males
Mayor Pro Tem Peterson
Council Members Kendrick*, Krupa, and Lilienthal
Staff Present:

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier
*City Clerk Maier received a request from Council Member Kendrick to participate remotely.

City Clerk Maier announced to the City Council to excuse Council Member Kendrick under Just Cause provisions of AB 361, and per Section 54953 of the Brown Act allow Council Member Kendrick to participate remotely via Zoom-teleconference. MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0, to approve Council Member Kendrick’s request to participate remotely.

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; no one spoke.

Council recessed into Closed Session at 6:33 p.m.

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City Council Meeting
January 9, 2024

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Mark Prestwich, City Manager Employee Organization: HMMA and SEIU

5. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 6:58 p.m.

REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:07 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

7. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Mayor Males
Mayor Pro Tem Peterson
Council Members Kendrick, Krupa, and Lilienthal
Staff Present:

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

8. INVOCATION
Invocation was given by Pastor Bob Beckett.

9. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Peterson.

10. CITY ATTORNEY CLOSED SESSION REPORT

10.A. City Attorney’s Report regarding Closed Session
Action:

City Attorney Graham stated that there were no reportable actions from the 6:00 p.m. Closed Session.

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City Council Meeting
January 9, 2024

11. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, the following citizens spoke: Cyndi Lemke.

11.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items

11.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter

12. PRESENTATIONS

12.A National Law Enforcement Appreciation Day – Proclamation Mayor Males presented the Proclamation to Chief Arellano.

12.B City of Hemet Holiday Decorating Contest Winners
Mayor Pro Tem Peterson presented certificates to the Decorating Contest Winners.

12.C City of Hemet Annual Christmas Parade 2023 Recap Presentation City Manager Prestwich provided a highlight reel of the City of Hemet Annual Christmas Parade.

Council Member’s Kendrick and Mayor Pro Tem Peterson presented certificates to the Hemet Unified School District, Church of Jesus Christ of Latter-day Saints, City of Hemet City Staff, Western Science Academy, Rancho Viejo Middle School Band, and West Valley High School JROTC.

13. RECEIVE AND FILE

13.A The City of Hemet Warrant Registers Dated November 30, 2023, in the amount of $1,110,915.54, and December 14, 2023, in the amount of $2,156,803.74.

The Payroll Periods of November 13, 2023 – November 26, 2023, in the amount of $861,671.66, and November 27, 2023 – December 10, 2023, in the amount of $1,127,219.93.

Action:

By consensus, the City Council received and filed the City of Hemet Warrant Registers.

13.B Quarterly Grant Report for the Quarter Ending December 31, 2023 Action:

By consensus, the City Council received and filed the Quarterly Grant Report for the period ending December 31, 2023.

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City Council Meeting
January 9, 2024

13.C City of Hemet Budget Adjustments Dated November 30, 2023.

Action:

By consensus, the City Council received and filed the City of Hemet Budget Adjustments Dated November 30, 2023.

14. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to approve the Consent Calendar, removing Items 14.D, 14.E,

14.F, and 14.G for separate consideration.

14.A Approval of the Special City Council Meeting Minutes of December 12, 2023 and the Special City Council Meeting Minutes of December 7, 2023 Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to approve the Special City Council Meeting Minutes of December 12, 2023, and the Special City Council Meeting Minutes of December 7, 2023.

14.B A Resolution of the City Council of the City of Hemet, California, Approving the Regular Meeting Schedule and Cancellation of Certain Regular Scheduled Meetings
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-001 of the City Council of the City of Hemet, California, Approving the Regular Meeting Schedule and Cancellation of Certain Regular Scheduled Meetings.

14.C A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt the Resolution 2024-002 of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges.

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City Council Meeting
January 9, 2024

14.D A Resolution of the City Council of the City of Hemet, California, Approving the Consolidated List of Proclamations for the Year of 2024 Action:

MOTION BY MAYOR PRO TEM PETERSON, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-1 (MAYOR MALES VOTING NO), to Adopt a Resolution 2024-003 of the City Council of the City of Hemet, California, approving the calendar year 2024 Proclamations List, as amended to combine Military Family Appreciation Month, USMC 249th Birthday, and Veterans Day as one Proclamation.

14.E A Resolution of the City Council of the City of Hemet, California, Approving Grant of Easements to Southern California Edison Company and Eastern Municipal Water District for Systems and Appurtenance as Defined in the Easement Deeds and Authorizing the City Manager to Execute the Easement Deeds
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-004 of the City Council of the City of Hemet, California, Approving Grant of Easements to Southern California Edison Company and Eastern Municipal Water District for Systems and Appurtenance as Defined in the Easement Deeds and Authorizing the City Manager to Execute the Easement Deeds.

14.F A Resolution of the City Council of the City of Hemet, California, Accepting the Office of Traffic Safety (OTS) Grant# EM24013 from the State of California for the Regional Crash Response and Extrication Improvement Program for $54,079 and Authorizing the City Manager to Execute the Agreement and all Purchase Orders and Authorizing the Administrative Services Director to Increase Estimated Revenues by $54,079 and Record a Supplemental Expenditure Appropriation of $54,079 in Fund# 232
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-005 of the City Council of the City of Hemet, California, Accepting the Office of Traffic Safety (OTS) Grant# EM24013 from the State of California for the Regional Crash Response and Extrication Improvement Program in the amount of $54,079 and Authorizing the City Manager to Execute the Agreement and all Purchase Orders and Authorizing the Administrative Services Director to Increase Estimated Revenues by $54,079 and Record a Supplemental Appropriation of $54,079 in Fund# 232.

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City Council Meeting
January 9, 2024

14.G A Resolution of the Successor Agency to the Hemet Redevelopment Agency Approving a Corrective Quitclaim Deed Correcting the Original Quitclaim Deed Recorded on January 26, 2012 as Document Number 2012-0037353 Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to:

1. Adopt a Resolution 2024-007 Approving the Corrective Quitclaim Deed: A

RESOLUTION OF THE SUCCESSOR AGENCY TO THE HEMET REDEVELOPMENT

AGENCY APPROVING A CORRECTIVE QUITCLAIM DEED CORRECTING THE ORIGINAL QUITCLAIM DEED RECORDED JANUARY 26, 2012, AS DOCUMENT NUMBER 2012-0037353.

2. Motion to forward the Corrective Quitclaim Deed to the Oversight Board: A motion of the Successor Agency to the Hemet Redevelopment Agency authorizing the City Manager to forward the Corrective Quitclaim Deed to the Oversight Board prior to recording the Corrective Quitclaim Deed.

15. DISCUSSION - ACTION ITEMS

15.A City Council Outside Boards, Committees, and Commissions Appointments Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to approve various appointments to the 2024 City Council Committees and Liaisons to Outside Organizations List, highlighting carry over from the 2023 list to 2024 and updating changes of Peterson/Kendrick to the Investment Oversight Committee, Males/Kendrick to Planning Commission, Kendrick/Lilienthal to Strategic Plan Update Ad-Hoc, Males/Peterson to Homeless Outreach Ad-Hoc, Lilienthal/Kendrick to CDBG Ad-Hoc Committee, Peterson/Kendrick to Riverside County Habitat Conservation Agency, Lilienthal/Krupa to Southern California Association of Governments, and Peterson/Kendrick to California Joint Powers Authority Board.

15.B A Resolution of the City Council of the City of Hemet, California, Awarding Hemet Little League Baseball & Softball Inc., a License Agreement for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the License Agreement in Final Form as Approved by the City Attorney and all Other Supporting Documents Related to the Agreement
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-006 of the City Council of the City of Hemet, California, Awarding Hemet Little League Baseball & Softball Inc., a License Agreement for the Management, Use, and Maintenance of the Brubaker Park Baseball

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City Council Meeting
January 9, 2024
Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the License Agreement in Final Form as Approved by the City Attorney and all Other Supporting Documents Related to the Agreement.

15.C Quarter Two Update on Progress of Fiscal Year 2023-24 Strategic Plan Action Item Tasks
Action:

By consensus, the City Council received and filed the Quarter Two Update on progress associated with City Council Fiscal Year 2023-24 Strategic Plan Action Item tasks.

16. CITY COUNCIL AND STAFF REPORTS
Mayor Males asked for Council Comments. Council Member Kendrick, Council Member Krupa, Council Member Lilienthal, Mayor Prom Tem Peterson, and Mayor Males gave reports.

By consensus, the City Council added City Lobbyist as future item for consideration and directed City Manager Prestwich to provide a report at a future meeting.

CITY MANAGER PRESTWICH
None.

18. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 9:02 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on January 30, 2024.

APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John Paul Maier, MBA, MMC
Mayor City Clerk

22.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, January 30, 2024

1. CLOSED SESSION – 6:30 P.M.

2. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:31 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

3. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Mayor Males
Mayor Pro Tem Lilienthal
Council Members Kendrick, Krupa, and Lilienthal
Staff Present:

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; no one spoke.

Council recessed into Closed Session at 6:33 p.m.

City Attorney Graham requested that the City Council add an Item to the Closed Session Agenda: Item 5.B as the Claim was received after the posting of the Agenda.

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to add Conference with Legal Counsel –Anticipated Litigation, Significant exposure to litigation: Claims of Victoria Chavez, Montessa Smith, and Phyllis Freeman.

5. DISCUSSION ITEMS

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City Council Meeting
January 30, 2024

5.A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation
Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases (1)

5.B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation: Claims of Victoria Chavez, Montessa Smith, and Phyllis Freeman

6. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 6:58 P.M.

7. REGULAR MEETING - 7:00 P.M.

8. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

9. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Mayor Males
Mayor Pro Tem Lilienthal
Council Members Kendrick, Krupa, and Lilienthal
Staff Present:

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

10. INVOCATION
Invocation was given by Pastor Bob Beckett.

11. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Krupa.

12. CITY ATTORNEY CLOSED SESSION REPORT

12.A. City Attorney’s Report regarding Closed Session
Action:

City Attorney Graham stated that by consensus, the City Council provided settlement direction for Item 5.A, from the 6:00 p.m. Closed Session.

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City Council Meeting
January 30, 2024

13. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, the following citizens spoke: Adam Eventov, Reva Knudtson, Dawn Lawrence, Daryl Terrell, Nakesha High, RJ Lemke, Anthony Thomas, and Martha Elva Perez. Martha Elva Perez requested Spanish translation assistance and City Clerk Maier provided a translation of comments to the City Council.

13.A. Public Comment for Items Listed on the Agenda: Consent and Discussion Items

13.B. Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter

14. PUBLIC HEARINGS

14.A An Ordinance of the City Council of the City of Hemet, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code, including Article XXVI Commercial Zones and Article XXX Manufacturing Zones for inclusion of Manufacture and Assembly, Rental, and Sale of Off-Site Construction Mobile Units in the C-M (Commercial Manufacturing) Zone; and Storage Yard for OffSite construction in conjunction with a single-tenant manufacturing facility in the M-2 (Heavy Manufacturing) Zone
Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment
Mayor Males opened the Public Hearing.

Mayor Males asked for Public Comments, Anthony Thomas inquired about a follow up plan and time constraints for the proposal and Reva Knudtson inquired about the operation hours for the storage facility.

Council Member Krupa clarified that the staff report before the City Council provides a Municipal Code Amendment to various sections and the report does not encompass information for a specific developer
Mayor Males closed the Public Hearing.

Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance 2024 of the City Council of the City of Hemet, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code, including Article XXVI Commercial Zones and Article XXX Manufacturing Zones for inclusion of Manufacture and Assembly, Rental, and Sale of

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City Council Meeting
January 30, 2024
Off-Site Construction Mobile Units in the C-M (Commercial Manufacturing) Zone; and Storage Yard for Off-Site construction in conjunction with a single-tenant manufacturing facility in the M-2 (Heavy Manufacturing) Zone.

14.B An Ordinance of the City Council of the City of Hemet, California, Adding Section 90-1428 of Chapter 90 (Zoning), Article XL (Off-Street Parking), of the Hemet Municipal Code of the Trash Enclosure Upgrade Program, and Adding Section 62-16(n) to Chapter 62, Article II (Solid Waste Management), Requirements for commercial businesses. (ZOA 24-001)
Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment
Mayor Males opened the Public Hearing.

Mayor Males asked for Public Comments, no one spoke.

Mayor Males closed the Public Hearing.

Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance 2025of the City Council of the City of Hemet, California, Adding Section 90-1428 of Chapter 90 (Zoning), Article XL (Off-Street Parking), of the Hemet Municipal Code of the Trash Enclosure Upgrade Program, and Adding Section 62-16(n) to Chapter 62, Article II (Solid Waste Management), Requirements for commercial businesses.

15. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 15.B,

15.C, 15.D, 15.F, 15.G, 15.H, and 15.J for separate consideration.

15.A Approval of the Regular City Council Meeting Minutes of December 12, 2023 Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to approve the Regular City Council Meeting Minutes of December 12, 2023.

15.B A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Agreement for Services Between the City of

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City Council Meeting
January 30, 2024
Hemet and Flock Group, Inc. in an Amount not to Exceed $181,250 Over Two Years for Twenty-Five (25) Flock Condor Cameras in Support of the Hemet Police Department Real Time Crime Center
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-008 of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Agreement for Services Between the City of Hemet and Flock Group, Inc., in an Amount not to Exceed $181,250 Over Two Years for 25 Flock Condor Cameras in Support of the Hemet Police Department Real Time Crime Center.

15.C A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to enter into a Five-Year Service Agreement with Flock Group, Inc. for 47 Existing Flock Safety Falcon Cameras and to add 20 Flock Safety Falcon Cameras for $845,500
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-009 of the City Council of the City of Hemet, California, Authorizing the City Manager to enter into a Five-Year Service Agreement with Flock Group, Inc. for 47 Existing Flock Safety Falcon Cameras and adding 20 Flock Safety Falcon Cameras for $845,500.

15.D A Resolution of the City Council of the City of Hemet, California, Approving a Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program Agreement to Reimburse TUMF Funds for the Esplanade Improvements TUMF Project CIP 5706
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-010 of the City Council of the City of Hemet, California Approving a Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program Agreement to Reimburse TUMF Funds for the Esplanade Improvements TUMF Project CIP 5706.

15.E 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
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution of the City Council of the City of Hemet,

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City Council Meeting
January 30, 2024
California, approving an amendment to the City's Classification and Compensation Plan to include the revised position of Facilities Technician.

15.F 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
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-011 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-toexceed amount of $225,000, authorizing the City Manager to execute the Third Amendment Agreement.

15.G 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
Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to adopt a Resolution 2024-012 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.

15.H 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
Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to adopt a Resolution 2024-013 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.

15.I 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

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City Council Meeting
January 30, 2024
$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
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-014 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.

15.J 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 Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-015 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.

15.K 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
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt a Resolution 2024-016 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

22.A

City Council Meeting
January 30, 2024
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.

16. DISCUSSION - ACTION ITEMS

16.A. Discussion and Consideration of a Proposed City of Hemet Hotel Incentive Program
Action:

By consensus, the City Council provided feedback to the City Manager regarding draft recommendations of Hotel Incentive Program elements for recommended Renovation Methodology, Historic Hotel Methodology, and the City Purchase Option.

16.B Consideration of a Resolution of the City Council of the City of Hemet, California, Supporting the Need for Expanded Public Higher Education Institutions Within Southwestern Riverside County and Funding for the Cost of Tenant Improvements to Create an Expanded Presence for California State University, San Marcos at the Mt. San Jacinto College Campus in Temecula Valley
Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to adopt a Resolution 2024-017 of the City Council of the City of Hemet, California, Supporting the Need for Expanded Public Higher Education Institutions Within Southwestern Riverside County and Funding for the Cost of Tenant Improvements to Create an Expanded Presence for California State University, San Marcos at the Mt. San Jacinto College Campus in Temecula Valley.

17. CITY COUNCIL AND STAFF REPORTS
Mayor Males asked for Council Comments. Council Member Kendrick, Council Member Krupa, Council Member Lilienthal, Mayor Prom Tem Peterson, and Mayor Males gave reports.

CITY MANAGER MARK PRESTWICH
City Manager Prestwich informed the public about the Community Meeting on January 31, 2024, at the Hemet Public Library at 5:30 p.m. City Manager Prestwich addressed the need of applicants for the Recruitment for the Mayor Mentee, deadline to apply is February 2, 2024, with a potential extension. City Manager Prestwich reported Coffee with the Police Chief and Coffee with the City Manager on February 14, 2024, from 7 a.m. to 9 a.m. at Starbucks in the intersections of Florida and Palm. City Manager Prestwich addressed the Community CleanUp is scheduled for Saturday, February 17, 2024, from 8 a.m. to noon at the Library. City Manager Prestwich concluded with Beautify City of Hemet on Saturday, April 27, 2024.

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to add to the agenda the Catalytic Converter Ordinance and Establish Regulations Prohibitions the Unlawful Possession of Catalytic Converters in the City of Hemet.

22.A

City Council Meeting
January 30, 2024

18. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 10:29 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on February 13, 2024.

APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk

22.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Feb 13 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 Professional Services Agreements to the Three Top Ranked Firms for On-Call, As Needed Professional Geotechnical Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form 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, Awarding Professional Services Agreements to the Three Top Ranked Firms for On-Call, As Needed Professional Geotechnical Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney.

BACKGROUND:

The Public Works Engineering Division is responsible for overseeing the capital improvement program, development engineering program, and public works inspections program for the City. The Division also assists in supporting an array of projects in other City Departments related to improvements to City facilities and (American Rescue Plan Act of 2021) ARPA-funded projects.

Engineering services in several specialty areas are required for the broad scope of work that the City encounters across all departments. The Engineering Division budgets for anticipated plan check services related to geotechnical investigations each fiscal year. Capital improvement projects also include required professional services within the project budgets as projected to the best of the City staff’s ability.

The Engineering Division determined that on-call geotechnical services are needed for capital improvement projects, as well as for geotechnical plan check services for development submittals.

These services include materials testing services during construction (including compaction testing), soil investigations, concrete sampling and testing, street structural section recommendations, and reviews of submitted geotechnical investigations.

22.B

The award of an agreement for on-call, as-needed geotechnical services does not commit a dollar amount to any firm and the work may be assigned by the City as deemed necessary and within existing appropriations or as specifically appropriated by the Council.

ANALYSIS:

A request for proposal (RFP) for on-call geotechnical services was issued on November 16, 2023, and 239 potential vendors were notified on Planet Bids. On December 18, 2023, the City received 17 proposals from the following firms:

1.Earth Mechanics, Inc.

2.Earth Systems

3.Fenagh Engineering and Testing

4.Geocon West, Inc.

5.GeoMat Testing Laboratories, Inc.

6.GeoTek, Inc.

7.Inland Foundation Engineering, Inc.

8.Koury Engineering & Testing, Inc.

9.Krazan & Associates, Inc.

10.Leighton Consulting, Inc.

11.LOR Geotechnical Group, Inc.

12.MTGL, Inc.

13.Ninyo & Moore

14.RMA Group

15.Twinning, Inc.

16.UES

17.Wildan
The proposals provided the firm’s qualifications and interest in providing geotechnical services for the City.

DISCUSSION:

The RFPs were reviewed by a committee consisting of staff based on experience, similar projects, completeness of the RFP, and cost. The resulting top three firms rated by staff are Earth Systems, GeoMat Testing Laboratories, Inc., and Inland Foundation Engineering, Inc. Staff recommends offering the top three firms a professional services agreement for on-call, as-needed services. The proposed agreement term is for three years, with the option to extend up to an additional two years.

PREVIOUS COUNCIL ACTION:

There is no previous council action.

STRATEGIC PLAN INTEGRATION:

22.B

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

Engineering services are budgeted in each fiscal year’s budget and within improvement projects.

Currently, no additional funds are being requested.

ALTERNATIVE(S):

1.Do not approve the Agreements for on-call, as-needed Engineering Services.

2.Provide alternative direction to the City Manager.

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

Attachment 1 Resolution On-Call Geotehnical Award
Attatchment 2 Draft Agreements
Attatchment 3 Proposals

22.B

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 PROFESSIONAL
SERVICES AGREEMENTS TO THE THREE (3) TOP

RANKED FIRMS FOR ON-CALL, AS-NEEDED

PROFESSIONAL GEOTECHNICAL SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

DOCUMENTS RELATED TO THE AGREEMENTS AS
APPROVED IN FINAL FORM 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 Hemet Public Works Engineering Division is responsible to oversee the capital improvement program, development engineering program, and public works inspections program for the City; and
WHEREAS, Engineering services in several specialty areas are required for the broad scope of work that the City encounters across all of the Departments; and WHEREAS, The Engineering Division budgets for anticipated plan check services related to geotechnical investigations each fiscal year; and WHEREAS, Capital improvement projects include budget appropriations for the required engineering services to complete the scope of work as projected to best of City staff’s ability; and
WHEREAS, City solicited proposals from firms for on-call, as-needed geotechnical services; and

22.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, City Staff recommends awarding professional services agreements to the top three ranked firms; and

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

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

SECTION 2. Award on-call, as-needed professional services agreements to the top three ranked firms for on-call, as-needed geotechnical services.

SECTION 3. Authorize the City Manager to execute all documents related to the on-call, as needed professional services agreements as approved in final form by the City Attorney.

SECTION 4. This resolution shall take effect upon its adoption. .

PASSED, APPROVED AND ADOPTED this 13th day of February, 2024. ____________________________ Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

22.B

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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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 13th day of February 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

22.B

00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

EARTH SYSTEMS PACIFIC

A CALIFORNIA CORPORATION

AGREEMENT # 2024-061

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00091740.2 Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR ON-CALL GEOTECHNICAL SERVICES

BETWEEN THE CITY OF HEMET AND EARTH SYSTEMS PACIFIC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 14th day of February, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Earth Systems Pacific, a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals, the performance of the On-Call Geotechnical Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2026, commencing on the Effective Date. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Consultant no less than (30) days prior to the end of the existing Term.

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(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant 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 Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant 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 the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for these professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All 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 biweekly and are safe and secure. To enroll in ACH electronic payments contact

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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(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.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), 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. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement

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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.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or

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desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any

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manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’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 Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may have to any such rights.

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

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES

Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant 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. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform

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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 Consultant to comply with this section.

SECTION 13. PREVAILING WAGE LAWS
Consultant 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 certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants 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.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant 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 Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant 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 Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of

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City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents

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(“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 Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.

Consultant’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) Consultant 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 Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.

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

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and 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 Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute

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a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “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 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City

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may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

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

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

Hemet, CA 92543
To Consultant: Earth Systems Pacific
Attn: Kevin Paul
1680 Illinois Ave, Suite 20
Perris, CA 92571
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

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

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SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 26. BINDING EFFECT.

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

SECTION 27. AMENDMENT.

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

SECTION 28. WAIVER.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

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

SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

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SECTION 31. ENTIRE AGREEMENT.

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

SECTION 32. SEVERABILITY.

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

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant’s proposal, if any

4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 34. TIME OF THE ESSENCE.

Time is of the essence for each and every provision of this Agreement.

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00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR ON-CALL GEOTECHNICAL SERVICES

BETWEEN THE CITY OF HEMET AND EARTH SYSTEMS PACIFIC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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00091740.2
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

1. Geotechnical investigation and design services for Public Works projects a. Literation review of geotechnical reports and maps
b. Site reconnaissance
c. Underground service alert coordination
d. Subsurface soil sampling
e. Boring logs
f. Geotechnical engineering analyses
g. Seismicity
h. Geotechnical design recommendation for grading and foundations i. Overseen by Geotechnical Engineer

2. Pavement evaluation and design
a. Pavement coring
b. Deflection testing
c. Pavement analysis per Caltrans methodology

3. Geotechnical observation and testing, materials testing and special inspection a. Acceptance Testing for the City of various construction materials, including but not limited to AC, aggregate base, subgrade, concrete, etc. b. Field sampling/testing/observation
c. Plant inspection
d. Laboratory testing
e. Laboratory certification (Caltrans, AMRL, etc.)
f. Meeting City’s Quality Assurance Program

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EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for these professional services in any City Fiscal Year.

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EXHIBIT “C”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to 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, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages

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set forth above, including commercial general 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) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant 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 Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant 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 Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by 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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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, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, 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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00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
GEOMAT TESTING LABORATORIES, INC.

A CALIFORNIA CORPORATION

AGREEMENT # 2024-062

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PROFESSIONAL SERVICES AGREEMENT

FOR ON-CALL GEOTECHNICAL SERVICES
BETWEEN THE CITY OF HEMET AND GEOMAT TESTING LABORATORIES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 14th day of February, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and GeoMat Testing Laboratories, Inc., a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals, the performance of the On-Call Geotechnical Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2026, commencing on the Effective Date. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Consultant no less than (30) days prior to the end of the existing Term.

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(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant 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 Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant 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 the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for these professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All 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 biweekly and are safe and secure. To enroll in ACH electronic payments contact

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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(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.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), 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. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement

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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.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or

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desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any

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manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’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 Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may have to any such rights.

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

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES

Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant 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. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform

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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 Consultant to comply with this section.

SECTION 13. PREVAILING WAGE LAWS
Consultant 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 certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants 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.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant 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 Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant 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 Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of

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City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents

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(“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 Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.

Consultant’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) Consultant 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 Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.

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

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and 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 Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute

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a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “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 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City

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may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

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

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

Hemet, CA 92543
To Consultant: GeoMat Testing Laboratories, Inc.

Attn: Haytham Nabilsi
9980 Indiana Ave. Suite 14
Riverside, CA 92503
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

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

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SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 26. BINDING EFFECT.

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

SECTION 27. AMENDMENT.

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

SECTION 28. WAIVER.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

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

SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

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SECTION 31. ENTIRE AGREEMENT.

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

SECTION 32. SEVERABILITY.

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

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant’s proposal, if any

4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 34. TIME OF THE ESSENCE.

Time is of the essence for each and every provision of this Agreement.

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00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR ON-CALL GEOTECHNICAL SERVICES
BETWEEN THE CITY OF HEMET AND GEOMAT TESTING LABORATORIES, INC.

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

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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00091740.2
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

1. Geotechnical investigation and design services for Public Works projects a. Literation review of geotechnical reports and maps
b. Site reconnaissance
c. Underground service alert coordination
d. Subsurface soil sampling
e. Boring logs
f. Geotechnical engineering analyses
g. Seismicity
h. Geotechnical design recommendation for grading and foundations i. Overseen by Geotechnical Engineer

2. Pavement evaluation and design
a. Pavement coring
b. Deflection testing
c. Pavement analysis per Caltrans methodology

3. Geotechnical observation and testing, materials testing and special inspection a. Acceptance Testing for the City of various construction materials, including but not limited to AC, aggregate base, subgrade, concrete, etc. b. Field sampling/testing/observation
c. Plant inspection
d. Laboratory testing
e. Laboratory certification (Caltrans, AMRL, etc.)
f. Meeting City’s Quality Assurance Program

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EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for these professional services in any City Fiscal Year.

22.B

EXHIBIT “C”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to 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, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages

22.B

set forth above, including commercial general 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) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant 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 Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant 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 Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by 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

22.B

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, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, 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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00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
INLAND FOUNDATION ENGINEERING, INC.

A CALIFORNIA CORPORATION

AGREEMENT # 2024-060

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PROFESSIONAL SERVICES AGREEMENT

FOR ON-CALL GEOTECHNICAL SERVICES
BETWEEN THE CITY OF HEMET AND INLAND FOUNDATION ENGINEERING, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 14th day of February, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Inland Foundation Engineering, Inc., a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals, the performance of the On-Call Geotechnical Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2026, commencing on the Effective Date. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Consultant no less than (30) days prior to the end of the existing Term.

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(b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant 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 Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant 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 the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for these professional services in any City Fiscal Year, unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All 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 biweekly and are safe and secure. To enroll in ACH electronic payments contact

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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(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.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), 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. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement

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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.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.”
SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or

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desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any

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manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’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 Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’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. Consultant expressly waives any claim Consultant may have to any such rights.

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

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES

Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant 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. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform

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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 Consultant to comply with this section.

SECTION 13. PREVAILING WAGE LAWS
Consultant 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 certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants 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.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant 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 Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant 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 Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of

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City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents

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(“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 Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.

Consultant’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) Consultant 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 Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees.

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

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and 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 Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute

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a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “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 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City

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may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

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

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

Hemet, CA 92543
To Consultant: Inland Foundation Engineering
Attn: Allen Evans
1310 South Santa Fe Ave.

PO Box 937
San Jacinto, CA 92581
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

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

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SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

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

SECTION 26. BINDING EFFECT.

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

SECTION 27. AMENDMENT.

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

SECTION 28. WAIVER.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

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

SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

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SECTION 31. ENTIRE AGREEMENT.

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

SECTION 32. SEVERABILITY.

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

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant’s proposal, if any

4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 34. TIME OF THE ESSENCE.

Time is of the essence for each and every provision of this Agreement.

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00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR ON-CALL GEOTECHNICAL SERVICES
BETWEEN THE CITY OF HEMET AND INLAND FOUNDATION ENGINEERING, INC.

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

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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00091740.2
Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

1. Geotechnical investigation and design services for Public Works projects a. Literation review of geotechnical reports and maps
b. Site reconnaissance
c. Underground service alert coordination
d. Subsurface soil sampling
e. Boring logs
f. Geotechnical engineering analyses
g. Seismicity
h. Geotechnical design recommendation for grading and foundations i. Overseen by Geotechnical Engineer

2. Pavement evaluation and design
a. Pavement coring
b. Deflection testing
c. Pavement analysis per Caltrans methodology

3. Geotechnical observation and testing, materials testing and special inspection a. Acceptance Testing for the City of various construction materials, including but not limited to AC, aggregate base, subgrade, concrete, etc. b. Field sampling/testing/observation
c. Plant inspection
d. Laboratory testing
e. Laboratory certification (Caltrans, AMRL, etc.)
f. Meeting City’s Quality Assurance Program

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EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed the amount agreed to and set forth in the scope of work for which a purchase order has been issued. The amount shall also never exceed the appropriated budget for these professional services in any City Fiscal Year.

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EXHIBIT “C”

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

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

2. MINIMUM LIMITS OF INSURANCE.

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

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

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

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to 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, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages

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set forth above, including commercial general 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) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant 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 Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant 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 Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by 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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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, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, 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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Submitted to:

December 18, 2023
Market St Bridge Airport Blvd Bridge I-10/Jackson Interchange

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City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services i Table of Contents
Cover Letter ................................................................................................................1 Exceptions...................................................................................................................3 SECTION I – EXPERIENCE...........................................................................................4 A. Earth Mechanics, Inc. (DBE/SBE) Qualifications Overview ...................................... 4 B. Experience Performing Similar Work ........................................................................ 5 C. Project References................................................................................................... 6 SECTION II – PERSONNEL ........................................................................................10 A. Project Manager......................................................................................................10 B. Project Team Members ...........................................................................................11 C. Team Organization..................................................................................................17 D. Specialty Subcontractors.........................................................................................18 E. Availability ...............................................................................................................18 SECTION III – FEE SCHEDULE ..................................................................................19

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City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 1 Cover Letter
December 18, 2023
Ms. Candace Sunds
City of Hemet
445 East Florida Avenue
Hemet, CA 92543
Subject: Proposal for On-Call Professional Geotechnical Engineering and Materials Testing Services
Dear Ms. Sunds:

The City of Hemet is seeking a geotechnical engineering consultant to assist with improvements proposed for streets and bridges, traffic safety, mobility enhancements, drainage, and other facilities. We have thoroughly reviewed the Statement of Work provided in the RFQ, as well as the Capital Improvement Program and understand the services desired, the nature of on-call contracts, and the resources needed.

EMI has successfully provided geotechnical engineering design and construction support services to numerous other Cities and Counties throughout Southern California. We have provided services in the past on a variety of projects including bridges, retaining walls, roadways, pavement rehabilitation and reconstruction, low impact developments, utility improvements and park facilities which are ninety-five percent of EMI’s business in the region.

EMI can provide comprehensive geotechnical services to the City, from the feasibility stage to the construction stage, including accomplishing geotechnical field explorations and laboratory testing, infiltration testing, conducting geotechnical analyses, and developing design and construction recommendations for the City’s future improvements. In addition, EMI has experience in landslide and slope stabilization, ground motion studies, evaluation of seismic hazards including seismically-induced landsliding, seismically-induced settlement, and liquefaction potential.

EMI has accomplished geotechnical investigations within the City of Hemet and throughout Riverside County, and, as a result, we are familiar with the geology and soils in the region. The EMI Team is well suited to provide the requested services to the City for the following reasons:
• Proven Project Manager – The designated project manager, Mr. Raj Pirathiviraj, has worked on multiple projects in the City, County and surrounding areas and is familiar with the protocols and standards. Mr. Pirathiviraj is familiar with the geologic and soil conditions throughout the City of Hemet. With EMI, Mr. Pirathiviraj has successfully managed several projects at any given time and has managed large projects that included multiple tasks happening concurrently. This is best exemplified by his recent successful management of geotechnical services for I-5 Widening Project between I-405 and Yale Avenue, which included two bridges, 13 retaining walls and sound walls, three infiltration basins, 21 overhead sign structures and 10-miles of pavement, with multiple tasks being performed concurrently. The geotechnical work totaled over $1-million and was completed on time and within budget.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 2 • Experience Working with the City, County, Caltrans, and Other Stakeholders – EMI provided geotechnical report review services to the City of Hemet for the Stetson Avenue Bridge Replacement project and completed Salt Creek Trail Phase 2 project for Riverside County Transportation Department (RCTD) in Hemet. EMI has also worked with the County of Riverside for more than 20 years and has provided geotechnical services for 23 projects.

EMI is currently providing geotechnical services for six active projects within the County.

Therefore, we are very familiar with the City, County, Caltrans, and Green Book design guidelines. In addition, we frequently, formally and informally, coordinate with Caltrans on foundation design philosophy and procedures, and our input is highly regarded. EMI was the prime geotechnical consultant on the ATC-32 project responsible for the review and modification of the foundation section of the widely used Caltrans Bridge Design Specifications. For this on-call contract, Mr. Pirathiviraj will closely coordinate with the City and any other involved agencies to ensure that tasks are delivered on schedule and within budget.
• Ample Resources to Handle Multiple Tasks – All of the engineers and geologists shown on the organizational chart for this SOQ have extensive years of experience, which enables them to lead multiple and variable assignments of a geotechnical study. EMI also has excellent working relationships with a large pool of drilling contractors, reputable soil testing laboratories, underground utility locators and traffic control companies. • Special Expertise – EMI is recognized to have special expertise in soil liquefaction and ground motion evaluation, soil-structure interaction, and rock mechanics. EMI has applied this expertise which has resulted in significant cost savings on projects. EMI is currently involved in the Replacement of Gilman Spring Road Bridge over Portero Creek Project in Riverside County, where seismic design is a critical issue because the bridge site is located within a potential fault rupture zone. EMI performed a fault rupture study and prepared a Surface Fault Rupture Displacement Hazard Analysis (SFRDHA) Memorandum – summarizing our recommendations on fault displacement.

EMI’s geotechnical services will be led from our Corona office with support from our headquarters located in Fountain Valley in Orange County, which has a Caltrans-certified soils and rock laboratory.

EMI is fully committed to providing the City with the highest quality service on time and within budget. We appreciate this opportunity to submit our proposal and look forward to further discussions regarding our qualifications to serve the City of Hemet.

Sincerely,
Earth Mechanics, Inc.

Alahesh Thurairajah, PE, GE, D.GE
Principal
Earth Mechanics, Inc.
765 North Main Street, Suite 136
Corona, CA 92880
Phone: 951-333-3648
Email: [email protected]

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City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 3 Exceptions
EMI has reviewed the sample contract agreement and would like to discuss items under Section

17. Indemnification and Section 18. Insurance.

22.B

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 4 SECTION I – EXPERIENCE
Earth Mechanics, Inc. (EMI) has ample resources
and expertise to produce deliverables for multiple
task orders to support the City of Hemet’s On-Call
Professional Geotechnical Engineering and Materials
Testing Services contract. EMI has prior public
project experience, knowledge of geologic and
subsurface conditions in Hemet, and experience in
delivering on-call task orders.

A. Earth Mechanics, Inc. (DBE/SBE)
Qualifications Overview
EMI, a California company, has provided exceptional
geotechnical and earthquake engineering and
geology consulting services to numerous California
public agencies since its founding in 1989 and is
firmly committed to maintaining that tradition. EMI
specializes in conducting geotechnical and geologic
site investigations and laboratory testing, performing
seismic hazard and earthquake retrofit evaluations,
performing pavement condition evaluations,
deflection testing, and pavement design, conducting
percolation testing for low impact developments
(LID), and developing
grading and foundation
design for infrastructure
projects including
roadways, bridges, active
transportation, and
drainage facilities. EMI is
experienced in evaluating
and remediating slopes and landslides, evaluating
the seismic stability of slopes, evaluating seismic
performance of foundations, and ground
improvement methodologies.

EMI has three offices in Southern California with a
staff of 33, and one office in Northern California with a staff of five. For this contract, work will be led from our Corna office with support from our Fountain
Valley headquarters, which has a Caltrans-certified
soils and a rock laboratory. EMI is certified as a DBE
through the California Unified Certification Program
(#6956).

Year Founded: 1989
Form of the Organization: Corporation (CA)
Number of Employees: 38 (33 in Southern
California, 5 in Northern California)
Office Locations:

Headquarters with Testing Laboratory
Earth Mechanics, Inc. (DBE/SBE)
17800 Newhope Street, Suite B
Fountain Valley, CA 92708
Local Office
765 North Main Street, Suite 136
Corona, CA 92880
Other Office Locations
820 Los Vallecitos Blvd., Suite H
San Marcos, CA 92069
3541 Investment Boulevard, Suite 4
Hayward, CA 94545
Contact:

Raj S. Pirathiviraj, Project Manager
(714) 751-3826
[email protected]
Services:
 Field Exploration – Borehole Drilling,
Soil and Rock Sampling
 Geologic Studies – Trenching, DownHole Logging, and Fault Investigations  Laboratory Soil Testing – ASTM and
Caltrans Test Methods
 Engineering Analysis and Design –
Foundation Design, Slope Stability,
Liquefaction and Settlement Evaluation,
Pavement Design, Lateral Pressures for
Retaining Structures, and Finite
Difference and Finite Element Analysis
 Third-Party Geotechnical Reviews
 Construction Support – Pile Driving
Monitoring, Drilled Shaft Inspection,
Grading Inspections, and Soil and
Asphalt Concrete Compaction Testing
 Special Studies – Pile Load Tests, Aerial
Deposited Lead, and Software

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 5 B. Experience Performing Similar Work
On-Call Contract Experience
EMI has provided on-call geotechnical engineering services to several public agencies for a variety of projects. Recently, EMI was selected to provide On-Call Engineering Services for Geotechnical and Materials Testing to Riverside County Transportation Department (RCTD).

EMI has also provided on-call geotechnical engineering services for cities of Santa Ana, Irvine and Mission Viejo, Ports of Los Angeles and Long Beach and Counties of San Bernardino, Orange, and Santa Barbara. Also, EMI provided on-call geotechnical report review services and field grading inspection service to the City of Orange for several years. We are also currently under contract with the Port of Los Angeles to provide on-call geotechnical services for their port-wide transportation projects as part of their transportation planning and enhancement program.

Roadways and Pavements
EMI has provided geotechnical services for multiple
roadway improvement projects for cities and counties.

These projects generally involved rehabilitation,
reconstruction and/or widening of the existing roadways and construction of new roadways. EMI’s scope of work
generally involves pavement condition survey, deflection testing, coring existing asphalt or concrete pavement to assess the conditions of the pavement structural sections, collecting soil samples to assess the subsurface conditions, assessing expansion potential of subsurface soils and providing mitigation measures, providing rehabilitation options, recommending pavement structural sections for full depth replacement or new construction and preparing geotechnical report to present our findings and recommendations.

Interchanges, Bridges, and Freeway Widening
EMI has provided geotechnical services for dozens of interchange and freeway improvement projects within the County, which generally involved interchange reconfigurations, mainline and ramp widening, and local roadway widening. Improvements included new bridges or bridge widening, earth retaining structures, drainage structures, fill embankments, cut slopes, flexible and rigid pavement sections, sound walls, infiltration basins, and overhead sign structures. On numerous projects, we have been involved from the project planning phase through final design and construction support. We have conducted literature searches, reviewed published geologic maps and other geotechnical documents, and conducted site reconnaissance and geologic mapping to support the preliminary phase of design. We secured required encroachment permits; conducted field investigations and laboratory testing; performed geotechnical analyses and design; and prepared geotechnical and foundation reports for final design.

Earth Retaining Systems
EMI has provided foundation investigation and geotechnical design services for numerous retaining structures throughout California.

We have experience with conventional cast-in-place walls, subhorizontal ground anchor walls, walls with vertical anchors, soil nail walls, Mechanically Stabilized Earth (MSE) Walls, secant pile and tangent pile walls, and permanently strutted walls. We have also conducted evaluations and provided recommendations for temporary shoring walls (soldier beam and lagging, sheet pile) up to 60 feet tall. During the course of design for the walls, EMI

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 6 evaluated the use of shallow and deep foundations, provided lateral pressure recommendations, assessed the potential for geologic loading against walls due to adverse bedding, estimated bond strength for vertical and sub-horizontal ground anchors and soil nails, provided un-bonded and bonded length recommendations for ground anchors, and evaluated the global stability of retaining walls.

C. Project References
With a strong focus on the public sector, EMI has a wealth of recent project experience in Southern California. Over the past five years, our dedication to delivering high-quality work and efficient foundation designs has earned us repeat business and the satisfaction of numerous clients. We encourage you to reach out to the references listed with the highlighted projects below, as they can attest to their satisfaction with our design solutions, responsiveness, and timely project delivery.

Good Hope Paving Project, Riverside County, CA
Reference Contract Details Highlights
Prime Reference: Michael Baker
International
Danny Walden, PE, Project Manager
909-974-4921
[email protected]
EMI Fee: $20,600
Dates: 2022 - 2023
Key Staff: Raj
Pirathiviraj, Alahesh
Thurairajah
• Subsurface geotechnical
investigation and lab testing
• New roadway
• Pavement design
• Grading and site clearing
The County of Riverside Transportation Department proposes to construct new asphalt concrete roadway segments at
various streets. The project is in the Community of Good Hope within the county of Riverside, California. The existing conditions are exposed dirt. The proposed project consists of paved roadways with graded shoulders or AC dike on both sides of the streets as warranted. EMI conducted a
geotechnical field investigation to collect soil samples, performed pavement design for new roadways, and prepared a geotechnical report.

Pacific Avenue Pedestrian and Bicycle Improvements, City of Jurupa Valley, CA
Reference Contract Details Highlights
Prime Reference: EXP U.S. Service, Inc.

Portia Gonzalez, P.E., QSD/QSP Project
Manager
(949) 257-5340
[email protected]
EMI Fee: $9,950
Dates: 2022
Key Staff: Raj
Pirathiviraj, Pratha
Ragavan
• Subsurface geotechnical
investigation including
pavement corings
• Pavement condition survey
• Pavement rehabilitation
• Pavement design
• Grading and site clearing
The city of Jurupa Valley proposes to construct new sidewalks, curb and gutters, and rehabilitate existing pavements and widen the existing roadway along Pacific Avenue between Limonite Avenue and Mission Boulevard.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 7 A visual pavement survey was performed to assess the condition of the existing pavements along project alignment. A geotechnical field investigation was conducted to collect soil samples and core samples of existing pavements. EMI also evaluated rehabilitation options and coordinated with the City, performed pavement design, and prepared a geotechnical report.

Pavement rehabilitation consist of milling the existing asphalt concrete surface, placing an interlayer such as Asphalt Rubber Aggregate Membrane (ARAM) interlayer and overlaying new asphalt concrete.

Based on the existing thickness of the asphalt concrete, a minimum of 2 inches of milling is recommended for the entire width of the roadway.

Airport Boulevard Bridge at Whitewater River, Riverside County, CA Reference Contract Details Highlights
County of Riverside Transportation
Department
Umer Ahmed, PE, Engineering
Project Manager, County of Riverside
951-955-1637
[email protected]
EMI Fee: $70,000
Dates: 2017 –
Ongoing
Key Staff: Alahesh
Thurairajah, Pratha
Ragavan, Michael
Hoshiyama, Jianmin
Fang, Kiat Kaekul,
Tom
Pongsakornpatara,
Edson Amaro
• Bridge seismic retrofit
• Channel crossing
• Soil liquefaction and lateral
spreading
• Evaluating existing bridge pile
capacities
The bridge is located within the central portion of Riverside County in an unincorporated community of Thermal,
approximately 1,200 feet east of State Route 111 (SR-111) and about 1,200 feet west of State Route 86 (SR-86). The existing bridge was constructed in 1951 and was partially reconstructed and rehabilitated in 1970. The original bridge was a reinforced concrete slab bridge, and the reconstruction introduced a center span of precast, prestressed concrete “I” girders. The existing thirteen-span bridge is approximately 366 feet long and 32 feet wide. EMI prepared a Structure Preliminary Geotechnical Report and developed geotechnical criteria in support of the preliminary seismic analysis of the Airport Drive Bridge over Whitewater River. Later in the project, EMI performed two site-specific borings (one at each abutment) and prepared a Preliminary Foundation Report to provide more information on capacities of existing piles, liquefaction and lateral spreading of the channel at the bridge location for 100-year return period, and bridge retrofit foundation options. Currently EMI is working on the PS&E phase.

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City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 8 Market Street Bridge over Santa Ana River, Riverside County, CA Reference Contract Details Highlights
County of Riverside Transportation
Department
Umer Ahmed, PE, Engineering Project
Manager, County of Riverside
951-955-1637
[email protected]
EMI Fee: $450,000
Dates: 2020 –Ongoing
Key Staff: Alahesh
Thurairajah, Pratha
Ragavan, Bernardo
Ambriz, Michael
Hoshiyama, Tom
Pongsakornpatara
• Complicated subsurface
geotechnical investigation
and lab testing
• Foundation design
• Bridge
• Retaining walls
• Sound walls
• Pavement design
• Evaluating existing bridge
pile capacities
The County of Riverside proposed to replace the existing 2-lane Market Street Bridge with a new 4-lane bridge and reconstruct the connecting approach roadways. The project improvements also include two new Caltrans Standard retaining walls, and one Caltrans Standard Sound Wall masonry block on pile cap, and new pavement structural sections. EMI conducted a foundation capacity evaluation to investigate the impact of scour as part of the preliminary stage. During the PS&E, EMI conducted complicated site-specific field investigation.

Results obtained from the field investigation and laboratory testing were used to characterize subsurface soils and conditions and create idealized profiles for foundation design. EMI provided foundation design recommendations for bridge replacement and new adjacent retaining walls.

I-10/Jackson Street Interchange, Indio, CA
Reference Contract Details Highlights
County of Riverside Transportation
Department
John Ashlock, PE, Project Manager,
County of Riverside
951-955-1511
[email protected]
EMI Fee: $470,000
Dates: 2018 - Ongoing
Key Staff: Alahesh
Thurairajah, Pratha
Ragavan, Thomas
Feistel
• Subsurface geotechnical
investigation and lab testing
• New roadway
• Pavement design
• Bridges
• Retaining Walls
The project proposed to improve the existing
I-10/Jackson Street Interchange by
reconstructing the interchange and widening
Jackson Street. In addition to the roadway
improvements, existing overcrossing will be
replaced with approximately 264 feet long and
122 feet wide two-span bridge on seat-type
abutments and multi-column bent. The project
also included replacing the existing Whitewater River Bridge with approximately 550 feet long and up to 115 feet wide three-span bridge on seat type abutments and multi-column piers. EMI provided preliminary geotechnical engineering recommendations for bridges, retaining walls, embankments, and pavement structural sections. EMI prepared a Structure Preliminary Geotechnical Reports for bridges, District Preliminary Geotechnical Report, and Preliminary Materials Report per Caltrans guidelines for the PA-ED phase. Currently EMI is working on the PS&E phase.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 9 Hamner Avenue Bridge crossing Santa Ana River, Riverside County, CA Reference Contract Details Highlights
County of Riverside Transportation
Department
Cesar Tolentino, PE, Engineering
Project Manager, County of Riverside
951-955-1520
[email protected]
EMI Fee: $656,000
Dates: 2016 – 2022
Key Staff: Eric
Brown, Bernardo
Ambriz, Michael
Hoshiyama
• River crossing
• Large diameter drilled shafts
• Soldier pile and MSE walls
• Ground improvement
Riverside County, the City of Norco and the City of Eastvale are currently replacing the existing two-lane bridge over the Santa Ana River and widening Hamner Avenue between the southern abutment of the bridge and Detroit Street. The 1200 ft long replacement structure will be capable of carrying six lanes of traffic with an elevated profile. The bridge and roadway widening will be to the west of the previously existing Hamner Avenue alignment to avoid relocating Southern California Edison power lines on the east side of Hamner Avenue. The proposed
replacement structure consists of a seven span, cast-in-place box-girder superstructure supported on a spread footings and pile foundations. Abutment 1 is embedded in the cemented terrace deposits on a spread footing. All of the bents and Abutment 8 are founded in the alluvial riverbed deposits and will be supported on large-diameter cast-in-drilled-holes (CIDH) concrete piles. Multiple retaining walls are required to accommodate the widened roadway and bridge including standard cantilevered walls, a soldier pile wall and a Mechanically Stabilized Embankment (MSE) wall. Ground improvement consisting of stone columns to mitigate liquefiable soils unsuitable for support of the MSE retaining wall and northerly bridge approach embankment were also installed as part of the project.

EMI conducted a field investigation and provided design and construction recommendations for bridge foundations, sign foundations, engineering fill placement, drainage structures, and pavement structural sections. In support of the PS&E, EMI prepared Foundation Reports, a Geotechnical Design Report, and a Materials Report in compliance with Caltrans standards.

EMI also provided design support during construction related to approval of the ground improvement and CIDH pile construction.

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22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 10 SECTION II – PERSONNEL
The designated Project Manager (PM), Mr. Raj S. Pirathiviraj, PE, GE, will have the ultimate responsibility of successfully completing services for the City on schedule and within budget.

A. Project Manager
Raj S. Pirathiviraj, PE, GE | Project Manager
Experience: 19 Years (9 Years with EMI) | 80% Available Registration: Geotechnical Engineer, CA #2963; Civil Engineer, CA #71662 Education: MS, Civil Engineering; BS, Civil Engineering Raj S. Pirathiviraj has 19 years of varied experience conducting and managing geotechnical studies for highway and railroad bridges, roadways and pavements, airports, flood control facilities, retaining structures, buildings, and low impact development BMPs. His experience has included project management, construction monitoring, dam inspection, pavement condition evaluation, levee repair, and various geotechnical engineering services. Raj’s areas of expertise include design of deep and shallow foundations for bridges, walls, sign structures, airport traffic control towers and light rail system, stability and repair of levees, pile drivability analysis, probabilistic and deterministic seismic hazard evaluation, liquefaction and seismic settlement analysis, static and pseudo-static slope stability analyses and evaluating pavement conditions, rehabilitations, and replacements. He has provided construction support including plan reviews, observation and inspection of driven piles, excavations, and engineering fill placements. Current functional responsibilities include: managing multiple projects and tasks; coordinating with various clients and agencies; preparing scopes of work and budgets for geotechnical services; planning and coordinating field investigations, infiltration testing, pavement evaluations and laboratory testing programs; conducting and reviewing geotechnical analyses and providing design parameters and recommendations; responding to RFIs during construction; and preparing various reports and memorandums. As Project Manager, he will be responsible for assigning resources for each task order, tracking schedule and monitoring project spending, working with task managers to identify and resolve issues, and advising the City of the project status. Raj will be the single point of contact for all communication between the City and EMI. All decision-making authority on this contract will reside with Raj, thereby reducing unnecessary delays due to “red tape” of organizational hierarchy. At the request of the City, Raj will attend in-person office and field meetings, and virtual conferences to coordinate services and resolve issues. His project experience includes:
 County of Riverside, Good Hope Paving Project, Riverside County, CA, Senior Engineer.
 City of Jurupa Valley, Pacific Avenue Pedestrian and Bicycle Improvement Project, Jurupa Valley, CA, Senior Engineer.
 City of Corona, I-15/Cajalco Road Interchange Project, Riverside County, CA.

Project Engineer.
 RCTC, SR-71/SR-91 Interchange Improvements, Riverside County, CA. Project Engineer.
 City of Coachella, I-10/Avenue 50 Interchange PA-ED Project, Coachella, CA.

Project Engineer.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 11 B. Project Team Members
Alahesh Thurairajah, PE, GE, D.GE | QA/QC Manager
Experience: 14 Years (12 Years with EMI) | 15% Available Registration: Geotechnical Engineer, CA #3123; Civil Engineer, CA #81439 Education: MS, Civil Engineering; BS Magna Cum Laude, Civil Engineering With 14 years of experience, he has provided design and construction recommendations for over 55 transportation projects including roadways, bridges, interchanges, and transit corridors for Inland Empire agencies. In addition to his project management skills, his technical expertise includes design of deep and shallow foundation for bridges, retaining walls, and drainage structures; probabilistic seismic hazard evaluation, liquefaction and seismic settlement evaluations, lateral spreading evaluation, static and pseudo-static slope stability analyses, pavement structural section evaluation/design, and corrosion evaluation. Alahesh has prepared Foundation Reports, Geotechnical Design Reports, and Materials Reports in compliance with Caltrans standards.

Alahesh has also provided construction support, including plan reviews, observation and inspection, for driven piles, CIDH piles, soil nail walls, CDSM columns, excavations, and engineering fill placements. His project experience includes:
 County of Riverside, Market Street Bridge over Santa Ana River, Riverside County, CA. Geotechnical Project Manager.
 County of Riverside, Airport Boulevard Bridge over Whitewater River, County of Riverside, CA. Geotechnical Project Manager.
 County of Riverside, I-10/Jackson Street Interchange, Indio, CA. Geotechnical Project Manager.
 County of Riverside, Good Hope Paving Project, Riverside County, CA. Principal.  City of Corona, McKinley Street Grade Separation Project, Corona, CA.

Geotechnical Project Manager.

Andrew Korkos, PE, GE | Geotechnical & Pavement Design, Review & Reports Task Manager
Experience: 37 Years (27 Years with EMI) | 70% Available Registration: Geotechnical Engineer, CA #2357; Civil Engineer, CA #44544 Education: MS, Civil Engineering; BS, Civil Engineering Andrew Korkos has 37 years of experience conducting and directing geotechnical investigations for highway and railroad bridges, roadway and pavement, flood control facilities, earth retaining structures, and buildings.

Andrew has significant experience in grading including evaluating settlement of deep fills and stability of cut, fill, and natural slopes and developing remedial measures for slope stabilization; Andrew has practical field grading experience in observing excavations and compacted fill placement. Andrew has knowledge of Caltrans and AASHTO design guidelines, and other Caltrans design documents such as Memo to Designers and Bridge Design Aids. Andrew is knowledgeable in the requirements for preparing Foundation Reports, Geotechnical Design Reports, and Materials Reports for Caltrans projects. He has substantial experience and very good relationships with Caltrans geotechnical and materials report reviewers in District 8. He coordinates with local municipalities, the Army Corps of Engineers, Fish and Game, local Flood Control Districts, and the Regional Water Quality Control Board. His project experience includes:

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 12  RCTC, SR-71/SR-91 Interchange Improvement Project, Riverside County, CA.

Geotechnical Project Manager.
 City of Jurupa Valley, Pacific Avenue Pedestrian and Bicycle Improvements Project, Jurupa Valley, CA. QC Reviewer.
 City of Corona, Foothill Parkway Westerly Extension, Corona, CA. Geotechnical Project Manager.
 County of San Bernardino, Garnet Street Bridge Replacement over Mill Creek, Mentone, CA. Principal Engineer.
 City of Colton, La Cadena Drive Bridge over Santa Ana River Replacement, Colton, CA. Geotechnical Project Manager.

Mike Kapuskar, PE, GE | Analyses/Report Preparation
Experience: 34 years (31 years with EMI) | 60% Available Registration: Geotechnical Engineer, California, GE 2654, 2002 Civil Engineer, California, PE 55717, 1996
Education: ED, Earthquake Engineering, University of Southern California, 1994 MS, Geotechnical Engineering, University of Southern California, 1992 European Engineer's Diploma, Civil Engineering, University of Stuttgart, Germany, 1986
Mr. Kapuskar’s experience includes several hundred transportation projects involving bridges, roadways, port structures and tunnels involving a wide range of geotechnical evaluation and design including channel and stormwater pollution management projects. He manages reviews of hydrogeologic and groundwater data, field investigations with exploratory borings, well installations with in-hole permeability testing, infiltration testing, laboratory testing, and analytical testing of soil and water. He conducts hydrological and environmental site screening for Better Management Practice devices (BMP’s) following County and Caltrans LID Stormwater design manuals. He developed and tested a practical in-hole seepage flow measurement device and repeatable test method to obtain consistent soil infiltration rates for BMP basin and trench design. He is very experienced with soil conditions in coastal areas, dynamic soil behavior, soil liquefaction, slope stability, ground settlement, ground improvement, and seismic site response (soil-structure interaction) and foundation design. He is knowledgeable of City, County, and Caltrans procedures, design codes and review processes, as well as FHWA and AASHTO/LRFD design codes. His project experience includes:
 City of Montclair, Monte Vista Avenue Grade Separation, Montclair, CA, Geotechnical Project Manager.
 OmniTrans sbX E-Street Corridor Bus Rapid Transit, San Bernardino, CA.

Geotechnical Project Manager.
 West Valley Connector Corridor Bus Rapid Transit, San Bernardino, CA.

Geotechnical Project Manager.
 City of Los Angeles, Telfair Avenue Multi-Modal Bridge, San Fernando, CA.

Geotechnical Project Manager.
 LA Metro, Doran Street Grade Separation over Verdugo Wash, Glendale, CA.

Geotechnical Project Manager.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 13 Pratha Ragavan, PE | Analyses/Report Preparation
Experience: 6 years (5 years with EMI) | 60% Available
Registration: Civil Engineer, California, PE 92400, 2021 Education: MS, Civil Engineering, University of Nevada, Reno, 2018 BS, Civil Engineering, University of Peradeniya, Sri Lanka, 2014 Mr. Ragavan’s experience includes conducting geotechnical investigations, analysis and design, including site identification, logging soil samples, and observation of CPT operations. He assists with determining the characteristic parameters for earthquake hazardous potential, including liquefaction potential and liquefaction settlements and assists with geotechnical and highway pavement design calculations using computer programs such as SLIDE, LPILE, and CalFP.

Additionally, Mr. Ragavan contributes to geotechnical design reports and geotechnical investigation reports. His project experience includes:
 RCTD, I-10/Jackson Street Interchange, Indio, CA. Staff Engineer.  City of Coachella, I-10/Avenue 50 Interchange, Coachella, CA. Staff Engineer.  City of Corona, McKinley Street Grade Separation, Corona, CA. Staff Engineer.  RCTD, Market Street Bridge Replacement at Santa Ana River, Riverside County, CA. Staff Engineer.
 SBCTA, I-15 Express Lanes PS&E, San Bernardino and Riverside Counties, CA.

Senior Staff Engineer.

Dane Nicklaus, PE | Analyses/Report Preparation
Experience: 17 years (11 years with EMI) | 60% Available Registration: Civil Engineer, California, PE 84266, 2015 Education: MS, Civil Engineering, California State Polytechnic University, Pomona, 2015 BS, Civil Engineering, California State University, Long Beach, 2012 Mr. Nicklaus is a project engineer with experience ranging from geotechnical and environmental field investigations, laboratory testing, and construction inspections to engineering analysis and design. He has assisted with the preparation of Preliminary Foundation Reports, Materials Reports, Geotechnical Design Reports, Structure Foundation Reports, and Aerially-Deposited Lead Investigation reports following Caltrans standards. His infrastructure projects include bridges, highways, and various earth retaining systems. His recent construction inspection projects include a project where he was responsible for an indicator pile program, pile driving inspection on more than forty piles, and preparation of the pile driving observation memo and several projects observing and inspecting excavations for Cast-in-Drilled-Hole piles. Prior to joining Earth Mechanics, Mr. Nicklaus worked for a local drilling company, operating drilling, soil sampling, and cone penetrometer test equipment. He brings unique capability in the interpretation and analysis of soil boring data based on his background in engineering design and hands-on field drilling and soil sampling expertise. His project experience includes:
 City of Corona, Foothill Parkway Westerly Extension, Corona, CA. Staff Engineer.  RCTC, SR-91/ SR-71 Interchange Improvement Project, Riverside County, CA. Staff Engineer.
 SBCTA, I-10/Tippecanoe, Loma Linda and San Bernardino, CA. Staff Engineer.  City of Brea/Caltrans, SR-57/Lambert Road Interchange Improvements, Brea, CA.

Staff Engineer.
 OCPW, East Garden Grove-Wintersburg Channel Levee Reconstruction Project, and Edinger Storm Channel, Newland Storm Channel, and Westminster Channel Improvement Projects, Orange County, CA. Project Engineer.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 14 Michael Hoshiyama, PG, CEG | Subsurface Geotechnical
Investigation, Soil Classifications & Analysis Task Manager Experience: 17 years (13 years with EMI) | 70% Available Registration: Certified Engineering Geologist, CA #2599, Registered Geologist, CA #8864
Education: BS, Earth Sciences
Michael Hoshiyama is a certified engineering geologist responsible for planning and leading field investigation, laboratory testing, analysis, and report preparation for freeway, roadway, bridge, and transit projects. He has effectively conducted subsurface investigations including test pit/downhole logging, sampling, site reconnaissance, and field mapping. He has conducted soils laboratory testing for geotechnical analysis in accordance with ASTM standards. Michael has managed grading/caisson drilling projects, conducted field testing, and observed elements of grading and construction including inspections for wall and foundation footings, subdrains, and drainage structures. He is also adept at compiling and writing geologic/geotechnical engineering reports, and landslide studies.

His project experience includes:
 City of Temecula, I-15/French Valley Parkway Interchange, Phase II, Temecula, CA.

Field Technician.
 OCTA, SR-55 Improvement Project between I-405 and I-5, Orange County, CA.

Field Exploration Task Manager.
 OCTA, SR-91 Improvement Project between SR-55 and SR-57, Orange County, CA.

Project Geologist.
 OCTA, I-5 HOV Improvements, Segments 1, 2 and 3, Orange County, CA. Project Geologist.
 City of Brea/Caltrans, SR-57/Lambert Interchange, Brea, CA. Project Geologist.

Wendy Drummond, PG, CEG | Geology
Experience: 32 years (12 years with EMI) | 70% Available Registration: Certified Engineering Geologist, California, CEG 2049 Registered Geologist, California, PG 6610
Education: BS, Geology, University of Waikato, New Zealand, 1989 Ms. Drummond has conducted geotechnical investigations for numerous bridges, road retrofit/replacement and freeway widenings, toll road construction, transmission lines and railroads, in the U.S. She has performed geologic mapping, large and small diameter borings, slope inclinometer and well installation and monitoring, and geotechnical foundation design for new bridges, bridge retrofits, retaining walls and numerous other projects. She has a strong background in geologic hazard evaluation and mitigation. Her project experience includes:
 RCTD, Hamner Avenue Bridge, Norco, CA. Senior Engineering Geologist.  City of Menifee, Holland Road/I-215 Bridge Overcrossing, Menifee, CA. Senior Engineering Geologist.
 RCTC, SR-71/SR-91 Interchange, Riverside County, CA. Senior Engineering Geologist.
 City of Coachella, I-10/Avenue 50 Interchange, Coachella, CA. Senior Engineering Geologist.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 15 Jianmin Fang | Field Explorations, Lab Testing & Instrumentation Task Manager
Experience: 32 years (15 years with EMI) | 50% Available Certification: Caltrans Certified Soil Tester
Education: BS, Engineering Mechanics, HeHai University, China, 1990
Mr. Fang has 32 years of experience in soil testing in the laboratory for freeway, bridge, port, and harbor projects. He has been responsible for conducting laboratory tests for the purposes of characterizing soil and rock, and determining strength, compressibility and various other engineering properties of soil and rock. He has broad experience using American Society for Testing and Materials (ASTM) and California Test (CT) Methods procedures. Mr. Fang oversees technicians performing laboratory tests, and reviews the raw data and calculations of laboratory tests prior to engineers using the data in geotechnical analyses. His relevant project experience includes:
 RCTC, SR-91/SR-71 Interchange, Riverside County, CA. Senior Technician.  City of Corona, Foothill Parkway Westerly Extension, Corona, CA. Senior Technician.
 SBCTA, I-10/Tippecanoe, Loma Linda and San Bernardino, CA. Senior Technician.  SBCTA, I-10 Cherry Avenue OC and OH, Fontana, CA. Senior Technician.  City of San Dimas, Foothill Boulevard Bridge Widening over San Dimas Wash, San Dimas, CA. Senior Technician.

Tom Pongsakornpatara | Field Exploration/Analyses
Experience: 21 years (12 years with EMI) | 75% Available Certification: Caltrans Certified Soil Tester
Education BS, Civil Engineering, California State Polytechnic University, Pomona, 2007 Mr. Pongsakornpatara is a senior staff engineer/ field technician responsible for field investigation, laboratory testing, analysis, and report preparation. He has worked on various projects including highways, transit, and ports. He also has experience in construction management and testing for various cellular towers and commercial buildings. His project experience includes:
 RCTD, Avenue 66 Grade Separation, Mecca, CA. Staff Engineer/Field Technician.  City of Coachella, I-10/Avenue 50 Interchange, Coachella, CA. Staff Engineer/Field Technician.
 City of Temecula, I-15/French Valley Parkway Interchange, Phase II, Temecula, CA.

Senior Technician.
 City of Fullerton, Raymond Avenue Grade Separation, Fullerton, CA. Staff Engineer/Field Technician.
 OCTA, I-5 HOV Improvements, Segments 1, 2 and 3, Orange County, CA. Staff Engineer/Field Technician.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 16 Kiat Kaekul | Construction Monitoring
Experience: 32 years (13 years with EMI) | 50% Available Certification: Caltrans Certified Soil Tester
Education: Monrovia High School, 1987
Mr. Kaekul has over 30 years of experience in the geotechnical and environmental field. He has worked on various projects including waterfront, transportation, sanitation, and residential construction. His responsibilities include laboratory and field testing of soil samples. His project experience includes:
 RCTC, SR-91/SR-71 Interchange, Riverside County, CA. Senior Technician.  City of Lake Elsinore, Temescal Canyon Bridge Replacement over Temescal Wash, Riverside County, CA. Senior Technician.
 City of Los Angeles, Sixth Street Viaduct Replacement Project, Los Angeles, CA.

Senior Technician.
 City of Industry, SR-57/SR-60 West Bound Onramp, Storm Water Management/Infiltration BMP Studies, City of Industry, CA. Senior Technician.  OCTA, I-5 HOV Improvements, Segments 1, 2 and 3, Orange County, CA. Senior Technician.

Thomas Feistel, PG | Construction Monitoring
Experience: 10 years (3 years with EMI) | 50% Available Registration: Professional Geologist, California, PG, 9590 Education: BS, Geology, California State University, Fullerton, CA, 2012 Thomas Feistel is a geologist with experience in field investigations – logging borings and trenches, as well as onsite work during mass grading – mapping removal/overexcavation bottoms, keys/buttresses, installing subdrain systems, various environmental testing and sampling. He also has experience writing reports – proposals, preliminary, final grading, and review of grading plans. He is also Storm Water Pollution Prevention Plan (SWPPP) – trained in field sampling and oversight requirements for the SWPPP program. His project experience includes:
 Coachella Valley Water District, Avenue 66 Grade Separation Domestic Transmission Main & Lincoln Channel Culvert, Mecca, Riverside County, CA.

Senior Staff Geologist.
 City of Temecula, Santa Gertrudis Creek Ph II, Temecula, CA. Senior Staff Geologist.  Westland Group, Merril Avenue Bridge Widening, Ontario, CA. Senior Staff Geologist.
 TCA, SR-91/SR-241 Express Lanes Connector/interchange Improvements, Anaheim, CA. Senior Staff Geologist.
 City of Palmdale, SR-138 Ave M Interchange, Palmdale, CA. Senior Staff Geologist.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 17 C. Team Organization
Raj has hand-picked a team of qualified engineers, geologists, and technicians to deliver a variety of task orders. The organization chart below represents the team’s organization, lines of communication, and reporting relationships.

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 18 D. Specialty Subcontractors
We have listed other firms that could be utilized should their specialty be needed on a particular task order. Having worked together on previous projects, we understand each firm’s strengths and would be able to maximize their capabilities, availability of equipment, and schedule constraints.

Sub-Contracted Services Specialty Subcontractors
Drilling 2R Drilling, SoCal Drilling, Gregg Drilling
Cone Penetration Testing Kehoe Testing and Engineering
Traffic Control Hi-Way Safety
Geophysical Survey GeoVision
Soil and Water Chemical Testing Test America
Hazardous Materials Investigation Black Rock Geosciences Transport, Storage & Disposal of Soil Cuttings American Integrated Services E. Availability
EMI routinely serves municipal clients and Caltrans through on-call geotechnical contracts and is fully aware of the need to provide services with short notice (sometimes within 24 hours) and complete the assignment under a demanding schedule (one day turnaround). EMI has ample resources to cover the anticipated workload including concurrent task orders, peak demands, and expedited schedules. Table 1. Team/Staff Role, Availability and Qualifications demonstrates that EMI has sufficient availability and relevant expertise to meet the needs of the City.

Table 1. Team/Staff Role, Availability and Qualifications Name Years of
Experience
Field Investigation and Lab Testing Field Monitoring and InstrumentationsSoil Classification and AnalysisMaterials TestingGround Water-Dewatering and Seepage Control AnalysisSeismic StabilitySoil LiquefactionSlope Stability and ProtectionConstruction and Special InspectionOpen and Braced Excavations (shallow)Grading, Site Clearing and Fill CompactionPavement DesignFoundation DesignRetaining Structures-submerged and partially submergedSubsurface Geotechnical InvestigationInfiltration TestingGeotechnical Report PreparationGrading Plan & Geotechnical Report Review Alahesh Thurairajah, PE, GE, D.GE 14            Raj Pirathiviraj, PE, GE 19                   Andy Korkos, PE, GE 37            
Mike Kapuskar, PE, GE 35           
Pratha Ragavan, PE 6           
Dane Nicklaus, PE 8           
Michael Hoshiyama, PG, CEG 17          
Wendy Drummond, PG, CEG 33        
Jianmin Fang 33      
Tom Pongsakornpatara 21         
Kiat Kaekul 32        
Thomas Fiestel, PG 5        
60%

STAFF QUALIFICATIONS
Project Assignment Availability
Principal & QA/QC Reviewer 15%
Analyses/Report Preparation 70%
Project Manager 80%
Analyses/Report Preparation 60%
Construction Monitoring 50%

SUMMARY OF TEAM EXPERIENCE
Field Exploration/Analyses 75%
Lab Testing Task Leader 50%
Construction Monitoring 50%
Analyses/Report Preparation 60%
Exploration/Constr. Task Leader 70%
Geology 70%
Analyses/Report Preparation

22.B

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 19 SECTION III – FEE SCHEDULE
EMI’s hourly fee schedule is provided separately.

22.B

HEADQUARTERS
17800 Newhope Street, Suite B
Fountain Valley, CA 92708
Tel: 714-751-3826

INLAND EMPIRE AREA
765 North Main Street, Suite 136
Corona, CA 92880
Tel: 951-333-3648

SAN DIEGO AREA
820 Los Vallecitos Boulevard, Suite H
San Marcos, CA 92069
Tel: 760-736-8222

SAN FRANCISCO BAY AREA
3541 Investment Boulevard, Suite 4
Hayward, CA 94545
Tel: 510-562-8833
www.earthmech.com

22.B

City of Hemet
On-Call Professional Geotechnical Engineering and Materials Testing Services 19

SECTION III – FEE SCHEDULE
EMI’s hourly fee schedule for 2024 is provided below.

Rates are subject to annual escalation.

EARTH MECHANICS, INC.

FEE SCHEDULE (2024)

LABOR CATEGORY FULLY BURDENED

HOURLY RATE
Principal/Senior Consultant $ 316.00
Principal Engineer/Geologist $ 316.00
Senior Engineer/Geologist $ 237.00
Senior Project Geologist $ 212.00
Project Engineer/Geologist $ 183.00
Senior Staff Engineer/Geologist $ 171.00
Staff Engineer/Geologist $ 140.00
Senior Technician $ 163.00
Technician* $ 85.00
Project Analyst $ 142.00
* Non-exempt staff subject to overtime pay per California law.

22.B

ON-CALL PROFESSIONAL

GEOTECHNICAL ENGINEERING AND

MATERIALS TESTING SERVICES
1680 Illinois Avenue, Suite 20 | Perris, CA 92571 | (951) 928-9799 | www.earthsystems.com

EARTH SYSTEMS
City of Hemet
Purchasing Department
445 East Florida Avenue
Hemet, CA 92543
DECEMBER 18, 2023

22.B

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 1 2
3 8
12 17

TABLE OF CONTENTS
Cover Letter
Exceptions
Section I - Experience
Section II - Personnel
Section III - Fee Schedule
Appendix A: Resumes

22.B

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 1 December 18, 2023
City of Hemet
ATTN: Candace Sunds
Procurement Administrator
Purchasing Department
445 East Florida Avenue
Hemet, CA 92543
SUBJECT: PROPOSAL TO PROVIDE ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIALS

TESTING SERVICES FOR THE CITY OF HEMET
Dear Ms. Sunds,
Earth Systems Pacific (Earth Systems) is pleased to submit our proposal and confirm our intent to provide on-call professional geotechnical engineering and materials testing services for the City of Hemet. We have reviewed the City’s Capital Improvement Plan (CIP) and believe we can provide valuable services based upon the following:

IN-DEPTH UNDERSTANDING OF REGIONAL GEOTECHNICAL AND GEOLOGIC CONDITIONS. With 55 years in the geotechnical engineering/materials testing and inspection profession and more than 19,000 projects across Riverside County, we offer local, in-depth knowledge of the soil, groundwater, and geological conditions that characterize this region of California. This extensive knowledge and our subsurface exploration data can provide valuable insight for projects in the design phase, as well as potential savings related to geotechnical engineering investigations.

EXTENSIVE RANGE OF SERVICES. Our capabilities range from geotechnical consultations to geologic hazard studies, materials testing, special inspection, and pavement evaluation/design.

SERVICE ORIENTED PROJECT APPROACH. Rapid response to service requests is the hallmark of Earth Systems’ reputation. We are flexible in involvement, able to provide services for a single site visit or offer a comprehensive geotechnical investigation as required by the project.

EXPERIENCE WITH SIMILAR PROJECTS AND THE CITY OF HEMET. Earth Systems has a long and successful history of providing similar services for various municipal projects within Riverside County, including water and utility infrastructure, permanent and modular buildings, new construction and renovation, pavement rehabilitation/construction, trails, skateparks, transportation-related projects and essential services structures such as police and fire stations.

CERTIFIED MATERIALS TESTING LABORATORIES. Our full-service materials testing laboratories are accredited by numerous agencies, including the Division of the State Architect (DSA), Caltrans, AMRL, AASHTO, CCRL, and the Army Corps of Engineers.

Earth Systems has reviewed and understands all elements of the provided RFP and addedum/Q&A sets 1-5. Earth Systems acknowledges receipt and review of the City of Hemet Professional Services Agreement and is willing to enter a contract with a (1) minor change listed in the exemptions section.

We appreciate your consideration of Earth Systems to provide services for this contract. Please feel free to contact the undersigned if you have any questions or if any additional information is needed.

Sincerely,
Earth Systems Pacific
Kevin Paul, Managing Principal, Senior Vice President

COVER LETTER

22.B

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 2 Proposed Changes to Professional Services Agreement to provide On-Call Professional Geotechnical Engineering and Materials Testing Services
Section Comments
17(a) Paragraph is revised as follows:
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the 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 Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively “Claims”) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness or willful misconduct in the performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control.

Consultant’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.

EXCEPTIONS

22.B

SECTION I - EXPERIENCE

BACKGROUND AND QUALIFICATIONS
Earth Systems’ staff of approximately 135 consists of registered geotechnical engineers, certified engineering geologists, soil technicians, special inspectors, and laboratory technicians, augmented by drilling, drafting, and support personnel.

Office locations in California include Fremont, Hollister, Salinas, San Luis Obispo, Santa Maria, Santa Barbara, Ventura, Pasadena, Palmdale, Bermuda Dunes, and Perris. The projects undertaken under this contract would be managed from our Perris office.

With 55 years of experience and over 19,000 projects throughout Riverside County, Earth Systems brings detailed knowledge of soil, groundwater, and geologic conditions to projects planned for this region. Earth Systems offers expertise in development of geotechnical criteria for public works projects, including buildings, water and sewer infrastructure, bridges and roadways, and public parks, as well as materials testing and special inspection during the construction process. We have extensive experience with pavement construction and rehabilitation, including new construction, overlays, recycled materials, permeable pavers, and stabilization of poor subgrade conditions. We have worked with many jurisdictions throughout southern California, providing services such as subsurface exploration, pavement coring, laboratory testing of soils, aggregate, HMA, and other pavement materials, pavement deflection studies, development of materials sampling, acceptance, and independent assurance plans, and infiltration testing for low impact development (LID) improvements. In addition to providing detailed studies, Earth Systems can assist in specific identification of any adverse geotechnical or geologic properties of sites that may adversely impact proposed projects.

Responsive service is the hallmark of Earth Systems’ reputation. Our local geotechnical engineering and materials testing professionals have an excellent track record for providing thorough, high quality services for a wide range of projects. Our goal for every project is to be responsive to our client’s objectives, budget, and time-frame; to use our expertise and experience to provide thorough and technically accurate assessments; to provide rapid response to requests for services; and to ensure that our thoroughness and attention to detail provide assurance to our clients that the geotechnical aspects of their projects are addressed in accordance with current professional practice as well as local jurisdictional requirements. We offer a full-service, Caltrans approved materials laboratory and a highly qualified and experienced staff of special inspectors and technicians to help assure that construction proceeds smoothly and that the requirements of the project plans and specifications are met.

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 3 COMPANY INFORMATION:

Earth Systems Pacific
1680 Illinois Avenue
Unit 20 Perris, CA 92571
(951) 928-9799
www.earthsystems.com

AUTHORIZED
REPRESENTATIVE:

Kevin Paul, PE, GE
Vice President, Managing
Principal
(951) 928-9799
[email protected]

22.B

• City of Cathedral City
• City of Coachella
• City of Indian Wells
• City of Indio
• City of La Quinta
• City of Oxnard
• City of Menifee
• City of Moreno Valley
• City of Palm Desert
• City of Palm Springs
• City of Riverside
• City of Santa Paula
• City of San Buenaventura
(Ventura)
• City of Santa Barbara
• City of Camarillo
• City of Simi Valley
• City of Thousand Oaks
• City of Twenty-Nine Palms
• City of Goleta
• City of Carpinteria
• County of San Diego
• County of Los Angeles
• County of Orange
• County of Ventura
• County of San Bernardino
• County of Santa Barbara
• County of Riverside

SERVICES
Geotechnical engineering and geology services available through Earth Systems include the following:

EXPERIENCE WITH THE CITY OF HEMET AND LOCAL MUNICIPALITIES Earth Systems’ history of working with various municipalities in Riverside County dates back over 30 years; we have provided geotechnical and/or materials testing/special inspection services for road realignments, water and sewer infrastructure, water and wastewater treatment plants, public works buildings, and community parks. Southern California municipalities for which we have provided services for capital improvement and similar projects include the following:
• Design-level geotechnical engineering investigations
• Geotechnical and geologic feasibility studies
• Slope stability evaluations
• Fault location studies
• Liquefaction and seismicity evaluation
• Seismic refraction/rippability
• Geotechnical criteria for shallow and deep
foundations, including caissons, driven piles, and
micropiles
• Criteria for earth retention structures and
embankments
• Engineering analysis of settlement-reduction methods
• Pavement assessment and development of
geotechnical criteria for pavement construction
and rehabilitation, including new construction,
overlays, recycled materials, permeable pavers, and
stabilization of poor subgrade conditions
• Rock/pavement coring
• Pavement deflection studies
• Evaluation of acceptability of construction materials • Development of Material Sampling, Acceptance, and
Independent Assurance Plans
• Infiltration testing for low-impact development (LID) improvements
• Geotechnical observation and testing during
construction
• Failure investigations of foundations, retaining walls, slopes, and pavement
• Peer review services
• Full materials testing laboratory (Caltrans) with
capability of soil and rock type classification,
determination of shear strength, expansion potential,
compressibility, and other geotechnical properties of
soils and other construction materials

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 4

22.B

Materials testing and special inspection services available through Earth Systems include the following:
• Sampling and testing of soils, aggregate base, and
asphalt concrete
• Foundation excavation observation
• Sampling of potentially contaminated soils and testing for hydrocarbons, other petroleum products, and lead
• Sampling and testing of asphalt concrete
• Sampling and testing of concrete; including slump,
casting test cylinders, and compression testing
• Sampling and testing of reinforcing steel
• Sampling and testing of masonry; including block
compliance, prisms, mortar strength, grout strength
and cores of completed construction
• Batch plant inspection of concrete and grout
• Special inspection of concrete
• Special inspection of masonry
• Special inspection of shop and field welding
• Special inspection of high strength bolts
• Special inspection of paints and coatings
• Special inspection of driven or drilled piles
• Laboratory testing of construction materials including soil, asphalt, concrete, masonry, grout, steel, fabrics, adobe and other specialty materials
• Testing or inspection of fabrics or other various
construction materials
• Asphalt and concrete mix design review

OUR ROLE
Earth Systems’ role during the design phase of projects will be to provide geotechnical consultation, geotechnical investigations, geologic hazard studies, pavement studies, core sampling and other services of a geotechnical nature that may be necessary to support design of proposed capital improvement projects. For an on-call contract such as this, our involvement may range from a single site visit to address a specific site issue to a full geotechnical/geologic engineering investigation. We are available to respond to any type of service request, large or small, and recognize that staff availability and the ability to respond quickly are key for an on-call consultant to be effective in this role. In addition to providing detailed studies, Earth Systems can assist in specific identification of any adverse geotechnical or geologic properties of the site that may adversely impact the project. We pride ourselves on our ability to develop high quality, constructible solutions that minimally impact project costs and schedules. We are available to attend meetings and consult with the City or members of the design team to review site conditions and discuss potential solutions. During construction, Earth Systems can provide materials testing, special inspection, material identification, and other services to document that the work performed meets the requirements of the project plans, specifications and the requirements of the CBC, Greenbook, and/or Caltrans as appropriate. Our capabilities include special inspection and materials testing for numerous construction materials, including soil, asphalt, concrete, masonry, grout, structural steel, anchor bolts, spray-applied fireproofing, ceiling wires, and inspection/testing of specialty materials.

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 5

22.B

SAMPLE PROJECTS AND REFERENCES
Earth Systems has provided geotechnical engineering, geology, and construction observation/materials testing for over 19,000 projects in Riverside County, including many for local jurisdictions. The following is a sample of projects with references where services performed are similar to those anticipated for this contract.

CIP 23-04, 3RD ST IMPROVEMENTS, MENIFEE, CA (2023)
This project involved the rehabilitation of pavement along 3rd Street within Romoland for the City of Menifee. Earth Systems was retained to provide geotechnical observation and testing services to identify pavement thickness, base materials, soil conditions/ strength, recommendations for pavement rehabilitation and observation/testing during construction. Borings were performed in four locations to depths of 10 ft. to analyze soil subgrade conditions and determine the presence of groundwater, bedrock, caving, fill or refusal conditions. Samples of subgrade were obtained in each coring location and tested in our Perris laboratory to determine grain size, in-situ moisture and density, maximum density and optimum moisture and R-value. Geotechnical observation and testing was provided during removal and replacement of concrete, AC paving and overlay of asphalt hotmix. Earth Systems report provided geotechnical recommendations for site preparation, grading and pavement structural sections. Testing services included sieve testing, continuous nuclear density testing, stabilometer, maximum density testing, moisture content testing and plant inspection testing.

Geotechnical Services: Pavement condition investigation, geotechnical recommendations for site preparation, grading and pavement.

Testing Services: On-site testing proposed aggregate gradation, nuclear density testing, Hveem density, core sampling, AC/ aggregate base layer measurement and subgrade testing for grain size, moisture, density, and R-value. Laboratory testing of subgrade soil and concrete included sieve analysis, asphalt binder content, stabilometer value, Hveem density and optimal moisture content.

FULL-SERVICE MATERIALS TESTING LABORATORIES
The Earth Systems laboratories have the capacity to perform hundreds of tests upon soils, concrete, asphalt, steel, masonry, and other building materials. Earth Systems laboratories have been certified or inspected by the U.S. Army Corps of Engineers, the Division of the State Architect (DSA), the Cement and Concrete Reference Laboratory (CCRL), and the AASHTO re:source (formerly AMRL). We also maintain several Caltrans-approved laboratories. Having multiple laboratories allows us to control sample handling, chain of custody, and quality of tests so accurate results can be assured. Earth Systems participates in the Caltrans Reference Sample Program, the Cement and Concrete Reference Laboratory (CCRL) and AASHTO resource Proficiency Sample Programs for Concrete, Soil, Aggregate and Rebar. The laboratory equipment is calibrated annually, and the calibrations are traceable to the National Institute for Technology and Standards (NIST).

We maintain our own CBR and R-value (resistance to deformation under repeated loading) test equipment, allowing us to provide timely test results without shipping samples to an out-of-town facility. We have mobile laboratory equipment for soil, concrete, and asphalt concrete testing. Tests are conducted by trained technicians/inspectors in accordance with ASTM, Caltrans, AASHTO, and other appropriate laboratory standards.

CITY OF MENIFEE
Attn: Diego Guillen
Senior Engineer for Capital
Improvement Program (CIP)
29844 Haun Road, Menifee,
CA 92586
(951) 723-3755
[email protected]

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 6

22.B

2018-2022 ON-CALL PROFESSIONAL SERVICES AGREEMENT - RIVERSIDE

COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
RIVERSIDE, CA (2022)
Earth Systems was awarded an On-Call Professional Services Contract to provide geotechnical services for the Riverside County Flood Control and Water Conservation District. The contract period was 2018- 2022. The scope of work for the contract included concept and feasibility studies of project alternatives; geotechnical engineering, testing and reporting; recommendations for foundations, pipelines, structures and other public works improvements; recommendations for remediation of hazardous and non-hazardous soils, and related documentation requirements. During the contract time period, Earth Systems provided services for several projects with varying scopes of work, including the Tachevah Dam excess land evaluation, Woodcrest Dam outlet modifications, building upgrades, and Beaumont Avenue K-Rail support pins.

Geotechnical Services: Concept/feasibility studies, geotechnical engineering for foundations, pipelines, structures, soil remediation.

Testing Services: Soil laboratory testing and inspection/observation of K-Rail anchor installation.

POTRERO FIRE STATION, POTRERO, CA
In 2019, Earth Systems conducted a geotechnical engineering investigation for the planned Cal Fire Potrero Fire Station Replacement, located on the south side of Round Potrero Road in the community of Potrero, San Diego County, California. The proposed fire station will be a “T” shaped building within the central part of the site with two driveway accesses onto Round Potrero Road. In addition, two storm water basins (one to the northeast and one to the south of the proposed building) were proposed. Two leach fields (primary and 100% expansion) were proposed for the southeast corner of the site. A well was proposed to be located southwest of the proposed building.

Appurtenant construction consisted of minor retaining walls, landscaping, drainage improvements, aggregate surfaces as well as Portland cement concrete paving for walkways and drives. Earth Systems’ scope included an evaluation of site geology/ seismicity, subsurface exploration, percolation testing, laboratory testing of acquired samples, geotechnical analysis of the data, and development of geotechnical recommendations for grading, foundations, and underground utilities. In 2020, Earth Systems conducted another geotechnical investigation pertaining to the evaluation and potential development of a new water well. One of the challenges was the potential for hydrocollapse of the upper site soils. The solution was the overexcavation of the upper loose or firm alluvial soils within the proposed building pads, hardscape, parking, drives and other settlement sensitive areas.

Geotechnical Services: Site geology/seismicity evaluation, subsurface exploration, percolation testing, geotechnical analysis for grading, foundations, and utilities.

Testing Services: Laboratory testing of soil and material samples, geotechnical investigation for water well development, assessment of soil collapsibility.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL

SERVICES
Real Estate Services Division
Attn: Mr. Randall Mummert
707 3rd Street, 4th Floor
West Sacramento, CA 95605
(916) 443-9814
[email protected]

RIVERSIDE COUNTY

FLOOD CONTROL AND

WATER CONSERVATION

DISTRICT
Ms. Julianna Adams
Chief of Emergency
Management and
Government Affairs
1995 Market Street
(951) 955-1282
[email protected]

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 7

22.B

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 8 For this contract we have selected a project team of 12 that consists of dedicated and skilled geoprofessionals and technical staff that possess the required local experience, qualifications, licenses and/or certifications, and communication skills to ensure that projects are executed in a technically competent and efficient manner. The team will be led by managing principal Kevin L. Paul, PE, GE. Mr. Paul is the managing principal of Earth Systems Perris office and brings over 20 years of local experience in public works projects to this contract. He will serve as both supervising geotechnical engineer and project manager. He will be assisted by engineering geologist/hydrogeologist Mark Spykerman, construction services manager Mark Houghton, and engineers Tony Colarossi and Rocio Carillo.

Geotechnical observation and materials testing staff will consist of Earth Systems’ well-seasoned and experienced team of field and laboratory technicians who have expertise in testing and inspection of soil, aggregate, HMA, AC, concrete, and other construction materials.

PROJECT TEAM
KEVIN L. PAUL, PE #70084, GE #2930
Principal Geotechnical Engineer, Project Manager
With over 24 years of experience in the geotechnical engineering, materials engineering, materials testing and inspection, and environmental services field, Mr. Kevin Paul specializes in public works, water and wastewater, essential services, educational and renewable energy projects. A native of Hemet, Mr. Paul graduated from Hemet Unified School District in 1993 and has close ties to the community. He has been the geotechnical engineer for numerous public works projects for jurisdictions throughout southern California, including bridges, roadways, water and sewer supply and infrastructure, trails, and buildings. His role for this contract will be principal geotechnical engineer, providing direct geotechnical engineering oversight. Mr. Paul is an experienced project manager, with the responsibility of assuring high quality subsurface study, data analysis, and budget management. He is directly involved in development of project scopes and proposals, coordination and preparation of project teams, direction of fieldwork, personnel and equipment, laboratory testing and analysis, and report preparation. He serves as the Engineer-of-Record for Earth Systems’ Perris and Bermuda Dunes materials testing laboratories for the AASHTO Materials References Laboratory (AMRL) and Cement and Concrete Reference Laboratory (CCRL) accreditation, California Department of Transportation (Caltrans) certified laboratory, and Division of State Architect (DSA) Laboratory Evaluation and Acceptance (LEA) programs.

Mr. Paul has developed a reputation of working collaboratively with clients, the design team, and contractors while meeting tight schedules and deadlines. He is a registered geotechnical engineer in the State of California, and a registered professional engineer in the States of California, Nevada, and Arizona. He obtained a bachelor’s degree in civil engineering from Ryerson Polytechnic University in Toronto, Canada. He has been employed with Earth Systems since 2011.

His expertise includes geotechnical investigations, engineering reports, and oversight of materials testing/special inspection for a variety of public works projects. The diverse projects for which he has provided services include water and wastewater infrastructure, pavement and roads, trails, fire stations, police stations, modular buildings, parks and skateparks. Mr. Paul has worked successfully with many jurisdictions on an on-call basis, including the City of Palm Desert, City of Indian Wells, City of Menifee, City of La Quinta, Rancho California Water District, Eastern Municipal Water District, Coachella Valley Water District, and Desert Water Agency. His robust skill set and comprehensive understanding of the local geological conditions have been instrumental to the success of a wide variety of projects and systems related to the construction of safe structures throughout the region. His experience managing on-call contracts has rendered him familiar with both the administrative and technical requirements of managing task orders and coordinating work that will be associated with this contract.

SECTION II - PERSONNEL

22.B

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 9 For this contract, Mr. Paul will:
• Serve as Earth Systems’ contact with the City of
Hemet’s project manager and other members of the
design and construction teams as appropriate
• Select an appropriate project team and familiarize
them with project requirements, schedules, and
budgets
• Schedule and supervise field services
• Review field data and determine appropriate
laboratory testing programs
• Perform geotechnical analysis of field and laboratory data and develop appropriate geotechnical
engineering recommendations based upon findings
• Prepare and/or review technical reports
• Provide oversight of field investigations, site
grading observations, foundation engineering and
inspections, and special inspection/materials testing
services during construction
• Evaluate earth-retaining structures and excavations
• Supervise groundwater investigations and testing
• Monitor project schedules, budgets, and milestones
• Attend meetings throughout the duration of projects
• Assure that the work is completed in a timely
manner and conforms to regulatory requirements,
the project proposal, and client and design team
expectations
MARK S. SPYKERMAN, PG #3800, EG #1174, HG #331
Principal Engineering Geologist
As a principal engineering geologist with Earth Systems, Mark Spykerman is responsible for evaluation of the impact of geologic and hydrologic conditions upon proposed developments.

Certified by the State of California as a professional geologist, engineering geologist, and hydrogeologist, Mr. Spykerman has over 40 years of experience on public works projects, authoring hundreds of reports that have been reviewed and approved by the California Geologic Survey (CGS). He has been responsible for oversight and management of largescale field operations, including managing, training, and mentoring staff.

Mr. Spykerman’s areas of expertise include geologic hazards assessments, seismic analysis, fault investigation, analysis of liquefaction and lateral spreading, rockfall and slope stability evaluation. He is thoroughly familiar with the requirements of California Code of Regulations (CCR) Title 24, the California Building Code (CBC) and the California Geological Survey’s (CGS) Note 48 Checklist. Geologic analyses are performed in accordance with the CGS guidance document Special Publication 117A for earthquake and landslide hazards. Mr. Spykerman received his Bachelor of Science degree in Geology from California State University Fresno.

22.B

EARTH SYSTEMS
EARTH SYSTEMS | ON-CALL PROFESSIONAL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING SERVICES | DECEMBER 18, 2023 | CITY OF HEMET 10 ANTHONY COLAROSSI, PE# 60302
Senior Engineer
Anthony (Tony) Colarossi is a registered professional engineer with over 30 years of experience in the geotechnical and materials testing field. His expertise includes development of geotechnical criteria for shallow and deep foundations, mass grading operations, and analysis of sites with respect to settlement, slope stability, seismic factors, and rockfall potential. As a senior engineer, his day-to-day responsibilities include oversight of field investigations for geotechnical engineering and geologic investigations. During project construction, he supervises field activities related to materials testing and special inspection, such as field density testing for massgrading operations and observation of shallow and deep foundation construction.

Mr. Colarossi received a Bachelor of Science Degree in Civil Engineering from California Polytechnic University at Pomona, California. He has been with Earth Systems since 2014. Prior to his employment with Earth Systems, he spent ten years as a Building and Safety Plan reviewer working for the cities of La Quinta and Coronado, California. Mr.

Colarossi was also a quality assurance engineer during construction of Diamond Valley Resevoir near Hemet.

ROCIO CARRILLO, PE #75721
Project Engineer
A registered civil engineer with 13 years of experience in the geotechnical field, Ms. Carrillo supervises subsurface exploration programs, provides analysis of field and laboratory test data, prepares geotechnical engineering reports, and oversees the geotechnical/materials testing aspects of projects during construction. Her extensive field experience and variety of projects that she has been involved in has allowed her to develop familiarity with the often complex geologic and geotechnical conditions that characterize the various regions of southern California. She has been involved in numerous geotechnical engineering investigations for public works projects, ranging from parking lots to large-scale infrastructure. Ms. Carrillo obtained a Bachelor of Science degree in Civil Engineering and a Master of Science degree in Geotechnical Engineering from the University of California Los Angeles (UCLA). She has been employed with Earth Systems since 2018.

MARK HOUGHTON, ACI, NICET, ICC
Construction Testing Services Manager
Mr. Houghton has over 38 years providing materials testing, geotechnical observation and special inspection. Mr. Houghton manages our staff of soil technicians and certified special inspectors with appropriate ICC, DSA, NICET, AWS, and other credentials. For this project, Mr. Houghton will provide technical oversight and quality control of the technicians and inspectors assigned to projects undertaken as part of this contract. Mr. Houghton manages the special inspection team of technicians in strict adherence to CBC code requirements, project plans and specifications. He provides materials testing oversight and assists with signatory review of laboratory tests, as well as any forensic evaluation that may be needed.

Please see the Appendix for full resumes of the professional staff.