Hemet City Council
April 8, 2025

16.C.

Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 13
CIP 2402
Subconsultant
MBI Media
Founded in 1989, McCormick-Busse, Inc., dba MBI Media (MBI), is a strategic communications and media firm that designs and implements engagement campaigns along with a broad cache of other specialized services for both public and private sector clients across various industries. MBI is certified as a 100-percent Woman-Owned Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), and Small Business Enterprise (SBE). With more than 34 years of expertise, MBI has taken part in some of California’s most high-profile transportation projects, facilitating community dialogue about complex and sensitive issues throughout the planning, environmental and construction phases. Managing these services for highly contentious projects has taught MBI how to successfully implement public relations and community outreach plans that educate audiences and foster increased understanding and participation. MBI has worked on major transportation and highway projects with some of the largest agencies in the world.

Staff Resumes
Willdan has provided resumes for our proposed staff in the Appendix of this submittal.

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Description of Services

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 14
CIP 2402
Description of Services
Project Understanding
The City of Hemet is requesting engineering services from a qualified consulting firm to develop a Citywide Safety Action Plan (CSAP). There are eight key components to a safety action plan which are listed below:

1. Leadership commitment and goal setting

2. Planning structure

3. Safety Analysis

4. Engagement and collaboration

5. Equity

6. Policy and process changes

7. Strategy and project selections

8. Progress and transparency
The development of the safety action plan will systemically analyze and identify safety deficiencies throughout the City and develop an implementation plan for recommended safety improvements identified through the report’s analysis. The Plan looks at crash history on an aggregate basis to identify high-risk roadway characteristics, rather than looking at high-collision concentration locations through site analysis. This evaluation is expected to help identify safety projects within the City and prioritize countermeasures across a system. We also understand the analysis will consider and prioritize citywide traffic safety improvements using measures under the 4E’s – Engineering, Education, Enforcement and Emergency Services. The results of this evaluation will identify and prioritize safety projects within the City to be used to apply for future funding considerations through the Highway Safety Improvement Program (HSIP), Safe Streets for All (SS4A) and other safety programs. The resulting CSAP will provide the City a plan to proactively correct high collision or problem locations and prevent local road fatalities and injuries. We understand the City was awarded $640,00 in Safe Streets and Roads for All (SS4A) funding to develop the City’s Safety Action Plan in 2023.

We also understand that the County of Riverside is concurrently preparing a Safety Action Plan. Coordination is necessary with the County of Riverside on both plans identified trends, outreach, and recommendations to ensure both action plans are complementary, cohesive, and free from conflicts.

Project Approach
Analysis and Recommendation Approach
Willdan’s approach to developing a Safety Action Plan for the City of Hemet is to apply the Safe System Approach.

The safety analysis will be prepared and will not only consider crash history, but also equity. Projects will be developed with concept plans and cost estimates, as well as education programs and policy changes to improve roadway safety. These proposed projects will be prioritized, and funding sources will be identified to develop a project list and strategies in a prioritized list with time ranges. A Safety Action Plan Report will be developed to summarize the roadway safety trends and share the prioritized list of projects.

Community Engagement Approach
There is no such thing as a one size fits all approach to engaging audiences, especially in a place as diverse as Southern California and Riverside County. It is also no secret that the most successful public outreach campaigns are the ones that truly consider the local’s perspectives, opinions, concerns, and insights. This guidance is especially paramount when undertaking a project that deals with improving public safety and traffic conditions, as local individuals will be most knowledgeable when it comes to their own community’s needs.

MBI Media (MBI) will be overseeing all of the public outreach and engagement efforts throughout the length of the CSAP, producing a holistic CEP that features a number of traditional and innovative communication methods to ensure the City receives the most accurate insights and feedback possible. It will also be vital to also produce a CEP that also includes special equitable outreach methods that ensure the CSAP is reflective of the entire population and not just the loudest or most influential voices within the community. We will approach community engagement for this project with three separate phases:

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 15
CIP 2402

1. Public Notification – Educate the public about CSAP through a robust public notification campaign across the Hemet area.

2. Listening Phase – Attain feedback from stakeholders through in-person meetings, pop-up events, public surveys, and web-based virtual engagement tools.

3. Implement Feedback – Work with City staff and project team to incorporate community’s feedback and priorities into a final draft of the CSAP.

Scope of Work
Willdan will furnish all services detailed below as required and necessary to develop the City’s Safety Action Plan in accordance with specified guidelines.

Task 1 – Project Management
Willdan will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, progress reports, project communication and agency follow-up, project scheduling and tracking, invoicing, and overall administration of the project. Willdan's project management approach to manage and control the project is expected to include, but not be limited to:
 A project kick-off meeting will be scheduled within the first 2 weeks after the award of the contract.

Major aspects of the project will be discussed including plan goals, City expectations, the role of the consultant and stakeholders, communication protocol, progress reporting, scheduling, and invoicing, key milestones, and what defines success for this project. The project development team (PDT) consisting of City staff and Willdan team members will be identified to maintain consistent communication throughout the project.
 In addition to the kick-off meeting, Willdan will meet or conference call with the PDT at least five times to discuss the project progress, upcoming tasks, completed tasks and issues requiring PDT assistance in problem-solving, and prioritizing planning activities and projects.  Willdan will prepare and distribute meeting agendas and minutes for all project meetings.  Ensure that the Safety Action Plan including all recommended safety measures meet all applicable Federal, State, and Local requirements, in anticipation of future grant funding opportunities.

Task 2 – Safe System Approach Analysis

2.1 Baseline Safety Analysis
Willdan will provide the City with a baseline safety analysis that will include research on roadway characteristics, historical crash data with filters, near-miss hotspots, meeting summaries, public feedback, racial equity, and technical analysis of data.

Data Collection and Review
Willdan will obtain and review available information and documents from the City and stakeholders including but not limited to the General Plan, Circulation Element, City Standard Plans, Capital Improvement Plan, and any ongoing Active Transportation initiatives. The above-mentioned documents will be reviewed to determine their impact on the development of the City’s Safety Action Plan.

Willdan will review policies and programs in the City’s municipal code and public works policies. With input from the stakeholders, new policies and programs will be identified and recommended for the Safety Action Plan.

Task 1 Deliverables
 Meeting agendas and minutes for all
meetings
Task 2 Deliverables
 Baseline Safety Analysis Summary
Report
 Mitigation Toolbox
 Countermeasure Development Table
 Concept Plans and Cost Estimates
 Traffic Studies/ Warrants
 Plan Prioritization Table

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 16
CIP 2402
Willdan will also review the current roadway safety issues and traffic safety concerns forwarded by stakeholders including, but not limited to, community input from outreach efforts, Hemet Police Department, Hemet Unified School District, and homeowner associations.

Willdan will obtain and organize the most recent 5-year crash data from the City’s accident record database, UC Berkeley’s Transportation Injury Mapping System (TIMS), California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), and data from the City of Hemet Police Department.

Willdan will work in close coordination with City staff to obtain roadway data including such elements as traffic patterns, roadway features, and traffic volumes. The collision data collected will be analyzed to document the crash types, driver factors, and environmental conditions. Willdan will pay special attention towards pedestrian and bicycle collisions around the City and specifically at mid-block crosswalks.

Willdan will coordinate with the City and County to identify crashes already being mitigated with HSIP or other planned work. We will obtain and review recent engineering studies that have been completed relating to roadway safety improvements, including traffic signal warrants, feasibility studies, and project study reports.

Identify Crash Patterns and Trends
Crash data will be analyzed to determine if there are areas in the City that should be given the highest priority.

Willdan will perform a comprehensive collision analysis of the City’s roadway network to identify intersections and roadway segments that have high concentrations of collisions. The analysis will utilize the 5-year collision data obtained by Willdan. The analysis will include considerations of crash factors, systemic safety analysis, priority safety strategies, infrastructure safety projects, and behavioral safety strategies. The collision analysis will include, but not be limited to:
 Document traffic patterns, roadway features, traffic volumes, crash type, driver factors, and environmental conditions with special attention directed to mid-block crosswalks.
 Identify high-collision corridors and intersections to pinpoint causes of collisions, including highest occurring crash types, crash factors and injury severity.
 Evaluate results of crash data and roadway analysis to identify collision patterns and common collision types within City.  Evaluate potential conflicts between vehicles, pedestrians, and bicyclists. Collisions involving pedestrians and bicyclists will be separately observed and analyzed in our analysis.  Evaluate the City’s intersections, crosswalks, and traffic control devices  Compile a list of top 10 high-risk corridors and a minimum of top 10 intersections with high collision rates.  Conduct a detailed analysis of the top priority locations identified in the analysis and discussions with the PDT. These locations will include a deeper analysis of the existing conditions, documenting the traffic patterns, roadway features, traffic volumes, crash type, driver factors, and environmental conditions with special attention directed to mid-block crosswalks.

Roadway characteristics will be evaluated to determine if they contributed to potential causes of the crash patterns identified during the collision analysis task. Based upon the collision analysis and roadway data, a list of potential safety countermeasures that best fit the road, traffic, and safety conditions at specific locations will be developed rather than offering a generic list of possible improvements. The City’s intersections, crosswalks, and traffic control devices will be individually evaluated to document traffic patterns, roadway features, traffic volumes, crash history, and environmental conditions that may pose a risk to future collisions.

Equity Consideration Assessment
The disadvantaged community status will be assessed and mapped using CalEnviroScreen 4.0 to identify underserved areas within the community. These locations will be identified as priority areas in the high-risk corridor and intersection analysis.

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 17
CIP 2402

2.2 Recommendations
Willdan will establish measurable objectives and goals that that can be used to measure progress over time.

Willdan will develop recommendations based on the baseline safety analysis and recommendations to address the most common crash types and the clustering of crashes along hot spot corridors and intersections within the City.

Mitigation Toolbox
Once the priority safety intersections and roadway segments that experience a high crash volume are identified, Willdan will use the Caltrans Local Roadway Safety Manual to select potential low-cost and high benefit systemic countermeasures to address safety issues for all modes of travel at the top high crash locations. Additional countermeasures that are applicable citywide under the 4E’s (engineering, enforcement, education, and emergency response) will also be considered for implementation. Willdan will compile and review information from City staff regarding prior projects and attempts to address safety issues at the high-collision locations. The list of potential safety countermeasures will be presented as a Safety Mitigation Toolbox for City staff feedback.

Develop Potential Safety Projects and Programs
Infrastructure Recommendations
Utilizing the preliminary safety project scopes, Willdan will identify potential projects to improve roadway and traffic safety, improve operations, and projects that recognize the needs of all users of the transportation system. Once identified, Willdan will prepare cost estimates for the proposed project and prepare benefit/cost (B/C) ratio calculations based upon the Local Roadway Safety Manual guidelines and templates provided by the HSIP application website for all recommended countermeasures (along with costs for project development, administration, environmental, right-of-way, and construction costs).

Some projects identified as potential safety projects may require a warrant or a traffic study be prepared. Willdan will prepare up to 5 warrant or traffic studies while developing the potential safety projects.

A master project list will be developed to prioritize the implementation of representative projects that provide benefits, construction cost estimates, conceptual plans, and B/C ratios to support future HSIP grant applications as well as other grant funding opportunities.

Non-Infrastructure Recommendations
In addition to developing infrastructure and engineering projects, safety measures will also be identified for targeted enforcement based on collision data review including locations, types, and contributing factors. Safety education measures for elementary/middle school-age students, high schools, seniors, and working adults will also be considered.

Underserved Community Considerations in Recommendations Willdan will include mechanisms to track and estimate the proportion of funding allocated to projects specifically benefiting underserved populations, ensuring equitable distribution of resources and alignment with the goals of the Safe System Approach.

2.3 Project Planning and Prioritization
After developing projects based on the collision history and existing conditions, the list of projects programs and policies will be presented City and stakeholders to determine if the projects meet the City’s vision and goals and allow the City and stakeholders to prioritize these projects. Completion dates and funding sources will be identified in the final prioritization table.

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 18
CIP 2402
Task 3 – Community Engagement Plan
Facets of the CEP will occur throughout each of the three phases and consist of the following tools and tactics.

3.1 Public Noticing and Promotional Strategies
It is important to realize that during the public notification phase many people will be becoming aware of the CSAP for the very first time. A lot of effort will be taken to notify stakeholders and Community-Based Organizations (CBOs) that might not know about the project so that they can learn about the CSAP’s purpose, timeline, funding sources, and its larger connection into the federal SS4A program. The main overall messaging will frame this as an important opportunity for Hemet residents and stakeholders to provide meaningful feedback that will directly contribute to improved safety and roadway conditions for drivers, pedestrians, and all active transportation users.

Specific public notification tactics will include social media posts, stakeholder database email blasts, advertising the project’s website and content in the City of Hemet’s biweekly City Update newsletter and the Hemet & San Jacinto Chronicle as well as more traditional methods highlighted within the equitable outreach scope item later in this section.

3.2 Stakeholder Database
Building on any established stakeholder lists that the City has used on previous projects, we will then develop a robust stakeholder database that allows us to track all audiences that we want engaged and involved in the CSAP.

This will include residents, businesses, Hemet Unified School District, and local government agencies. The database will also serve as a register of potential concerns and any risks brought up by community members, as well as a plan of action to monitor and address these in an effective and efficient manner. A sampling of major stakeholders that should be engaged with throughout the entire CSAP includes:
 Hemet San Jacinto Chamber of Commerce
 Riverside Transit Agency (RTA)
 Hemet Bike Shop
 Riverside County Transportation Commission
(RCTC)
 Hemet Valley Mall

3.3 Multilingual Collateral Materials
MBI’s design studio will produce high-quality written, audio, and visual communications that provide an overview of the CSAP that can be easily digested and understood by members of the public. With approximately half of Hemet’s residents identifying as Hispanic or Latino, we will produce multiple versions of fact sheets, FAQs, timelines, and infographics in Spanish so that all community members are engaged in an equitable manner. This is something that MBI’s design staff have produced for some of the largest municipalities and transit agencies across California, including City of Los Angeles, RTA, RCTC, City of Long Beach, City of Irvine, Cathedral City, and many others.

3.4 Community Meetings (4 total + Virtual Meeting Room) All in person meetings can take place at the City of Hemet’s Simpson Center facility.

Public Notification Phase
Community Meeting #1: Informing and educating will be the main goal of this first meeting. We will take special care to explain the process and purpose of the CSAP, why it is important to have the community’s feedback, highlight safety focus areas of the City and discuss likely outcomes and goals of the engagement dialogue between the City and stakeholders.

Task 3 Deliverables
 Stakeholder and Public Engagement
Activities and Summaries
 Base map with locations of safety
concerns
 Project Website
 Walking/Biking Tours
 Town Hall Meetings
 Community Pop-Up Events
 Summary Memorandum

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 19
CIP 2402
Listening Phase
Community Meeting #2: This meeting will be a more technically focused agenda that involves discussions regarding the City’s technical findings on specific problem locations, safety issues, and safety improvements that need to be made. Attendees will be engaged through surveys, live polling, and prioritization discussions, to gain consensus on solutions and approaches.

Community Meeting #3: This meeting will serve as something of a halfway point marker for the engagement process as well as an opportunity to review draft recommendations based on the technical data findings and input that has been received from the public thus far.

Implement Feedback Phase
Community Meeting #4: The project team and City staff will share the draft CSAP and record any final thoughts from the community regarding the content found within. Technical elements of the CSAP can be adjusted after this meeting if any pressing public input is received during this discussion.

Virtual Meeting Room (VMR)
To encourage further accessibility and increase public participation, we will utilize MBI’s Virtual Meeting Room (VMR) platform for each public meeting and possibly throughout the entire length of the CSAP. This tool simulates what it feels like to attend an in-person meeting and can be hosted online for any desired timeframe. This allows anybody to visit and attend meetings on their own schedule and timeframe without needing to worry about attending in-person. The VMR also allows visitors to ask questions, provide suggestion box comments, download collateral materials in multiple languages, and view recordings of in-person community workshops that have already occurred. This is particularly useful for members who might have missed the public workshops or who were unable to attend.

Samples of MBI’s VMR platform can be accessed at the following links:

Riverside Transit Agency – Sustainable Service Plan (Virtual Hub Website + VMR:
https://test.virtualeventroom.com/vmr-samples/rta/ssp/
LA Metro – Link Union Station (Union Station VMR): https://www.linkunionstation.com/virtual-meeting/index.php Caltrans – Vincent Thomas Bridge Deck Replacement (Virtual Hub Website + VMR):
https://test.virtualeventroom.com/vmr-samples/hntb/vtb/

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 20
CIP 2402

3.5 Project Surveys
Surveys will be created for physical distribution at pop-up events as well as be hosted online through the project website and VMR. Drawing upon the City’s large following on social media will also be important to distribute surveys to audiences within the Hemet area. All physical surveys will have Quick Read (QR) Codes assigned to make it easier for individuals to participate if they are on the go at events. Although the survey will be distributed to a wide range of audiences and stakeholders, it will aim at gaining feedback and input specifically in regard to traffic safety topics specific to Hemet, as this is the most important information that we need to gather regarding the current landscape within Hemet. To encourage responses from members of the community, we can also create CSAP stickers with the survey’s QR code and put them at locations where active transportation users frequent as well as at City facilities. Efforts should be made to create partnerships with local biking groups and businesses so they can share the survey with customers, coworkers, and visitors at their physical storefronts as well as online through their social media accounts and existing email distribution lists.

3.6 Equitable Outreach Methods
We use CalEnviroScreen and similar tools to help us locate and identify disproportionately affected communities that could be classified as disadvantaged. Utilizing these types of tools and through discussions with City staff who have their pulse on these neighborhoods, MBI will make concerted efforts to lead socially conscious communications efforts within Hemet communities that have been overlooked and underserved in the past. This can include audiences that do not have internet access, senior citizens, community members that do not speak English, or simply stakeholders that do not have knowledge of civic projects and have failed to produce feedback for the City in the past. Some of the things we do to ensure equitable engagement is canvass specific neighborhoods on foot, produce multilingual mass mailings, and hold designated in-person meetings entirely in Spanish.

3.7 Pop-Up Community Events
Despite the current focus towards online outreach and digital engagement efforts, putting boots on the ground and getting into the community still yields unique qualitative results, especially for local projects that will help save lives and improve the welfare of citizens. Utilizing established civic events, MBI’s bilingual staff will work with the City to secure a booth/table at least four pop-up events such as Hemet Beautiful, Summer Valley Kickoff Festival, Coffee with a Cop, Downtown Hemet Farmers Markets, and Community Clean Up days. Collateral materials, surveys, and collaborations with City staff can all be highlights of these events.

3.8 Project Website
MBI will coordinate with City staff to develop and establish a dedicated webpage for the CSAP. This webpage will be integrated into the City’s existing website and be designed to match the overall branding and tone that have been established on all collateral materials. The webpage will include a project overview of the project, public meetings and pop-up event calendars, multilingual collateral materials, and an interactive mapping tool. The

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 21
CIP 2402
project webpage will dovetail with MBI’s Virtual Meeting Room platform, which will be utilized as an alternate means for stakeholders to participate in meetings and provide feedback throughout the project. MBI’s designers will also create a Quick Read (QR) code that is affixed on the majority of collateral materials so that members of the public can easily scan the QR code on their phones and be led directly to the webpage.

3.9 Social Media Content
In terms of cost effectiveness and reaching large audiences, social media is near the top in terms of engagement tools. The City of Hemet has more than 11,000 Facebook followers, 6,000 Instagram followers, and 3,400 followers on X (Twitter). To better leverage these followings, we will produce a social media calendar that schedules out all content and ensures that there are monthly posts created in multiple languages, including Spanish. Community meeting invitations, online surveys, and other outreach items can also be distributed through the City’s social media platforms. The social media content will also be supplemented by being linked to the project website.

Task 4 – Coordination with the County of Riverside
Willdan will coordinate the development of the Hemet Safety Action Plan with Riverside County. The collaboration will ensure that the County or Riverside’s Safety Action Plan and the City of Hemet’s Safety Action Plans are complementary, cohesive, and free from conflicts.

Willdan will get in contact with the County of Riverside’s Safety Action Plan team and host up to four (4) meetings with their staff to discuss elements in the development of both the Riverside County Safety Action Plan and the City of Hemet’s Safety Action Plan.

Task 5 – Citywide Safety Action Plan Report and Presentation

5.1 Draft Report
All the tasks in this project will be documented to form the basis of the Safety Action Plan document. The Safety Action Plan will include an introduction, background, comprehensive crash analysis, process and safety partners, emphasis areas,
evaluation and implementation plan, recommended safety
measures (along with prioritized project lists, potential funding sources, evaluation criteria and future updates including attachments and supporting documentation).

Willdan will prepare the Draft Safety Action Plan in accordance with all Caltrans and Federal Highway Administration
requirements. Electronic files of the Draft Safety Action Plan will be submitted to City Staff for review. Willdan will assist the City in circulating the Draft to identified stakeholders. A comment matrix will be made to ensure all comments are incorporated into the Final Safety Action Plan.

5.2 Final Report and Fact Sheet
The final Safety Action Plan will be submitted to the City as a high-resolution PDF for the City’s records and for the City to upload onto the City’s website.

Willdan will prepare a concise and visually appealing Executive Summary/ Fact Sheet highlighting key findings, recommendations, and the next steps.

5.3 City Council Presentation
Willdan will prepare a final presentation for City Council that conveys an overview of the Action Plan, provide recommendations for implementation projects, and encourage commitment from the City to the Action Plan. A key staff team member from Willdan, likely the project manager, will attend the City Council meeting.

Task 4 Deliverables
 Riverside County Engagement
Activities and Summaries
Task 5 Deliverables
 Electronic Submittal of Draft Safety
Action Plan
 Comment Matrix of Draft Safety Action
Plan Comments
 Electronic files of the Final Safety
Action Plan
 Hemet Safety Action Plan Fact Sheet
 City Council Presentation & Attendance

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402
22 Time of Work/Schedule
Using Microsoft Project software, a proposed detailed master schedule has been prepared and is provided below. The schedule shows major milestones as

outlined in the City's Request for Proposals. This preliminary schedule will be discussed at the kick-off meeting and updated as agreed upon.

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402
23 Project Quality Assurance
Quality assurance and control procedures are critical to ensuring sound engineering practices and quality deliverables are produced for our clients. Willdan operates daily under a company-wide Quality Assurance/Quality Control (QA/QC) Program. In accordance with Willdan’s QA/QC Manual, a QA/QC officer is assigned to every contract. As part of his daily responsibilities, Mr. Wes Pringle, PE, will provide quality assurance oversight. Projectspecific QA/QC activities will be planned at the beginning of each project. Typical QA/QC activities include assigning the appropriate technical staff to the project, selecting the proper project technical approach, establishing a project schedule that meets internal Willdan and City deadlines, and determining the proper level of QA/QC review. There are four levels of deliverables QA/QC review:
 Level 1 – peer review only
 Level 2 – peer review and editorial review (documents)  Level 3 – peer review, editorial review, and professional engineer review  Level 4 – all elements of Level 3 plus additional reviews by specific technical experts As Quality Assurance Manager for the City's Citywide Comprehensive Roadway Safety Action Plan Project, Wes Pringle, PE, will oversee the quality assurance and quality control protocols by assigning a senior staff member experienced in the required disciplines to oversee the implementation of project‐specific quality assurance/control activities. This senior staff member will report directly to Mr. Pringle but will work closely with Ms. Spann, to monitor and adjust the project quality assurance/control activities to ensure project objectives are met.

The two major components of the QC review are technical and communication reviews. A Level 3 QC review will be performed on the engineering design plans, specifications, and cost estimate to ensure the design is sound and appropriate and confirm deliverables meet the scope of work requirements. Project documents, including letters and correspondence, are subject to a Level 2 QC review to ensure deliverables are reasonably organized, text and presentation are understandable and easy to follow, any required formats are followed, and there are no grammatical or spelling errors.

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Resource Allocation

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
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24 Resource Allocation

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Quality Control

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
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25 Quality Control Policy
Willdan recognizes the importance of quality control and its direct relationship to the success of a project. Our standard practice is to prepare a project specific Quality Control Plan as specified by Willdan’s Quality Assurance Manual. The primary mission of our Quality Control Plan is to provide staff with technical and managerial expertise to plan, organize, implement, and control the overall quality effort, thereby ensuring the completion of a quality project within the time and budget established. Throughout the course of a project and at the end of each task phase, the Project Manager and/or Principal-in-Charge will contact the City to get feedback on Willdan performance.

Our Project Manager will keep track of the resources used to complete each task using weekly reports prepared using the Deltek T&E and IBM Cognos Software systems which track expenditures, budget status, and hours expended by task. The expenditure status and hours will be compared to the budgeted amount for quick identification of discrepancies. Each Willdan employee submits a timesheet every Friday and hours are logged in to the Deltek T&E system by the following Monday, allowing ready monitoring of project status.

Our staff resources are coordinated on a weekly basis, providing the flexibility to manage the peaks and valleys of a given project. We have been able to manage multiple projects and meet project schedules without compromising the quality of our work. Our references can provide testimony about our services. We are confident that we have the staff and resources to meet the projected construction schedule. The management of Willdan is dedicated to the principles of technical excellence and professional quality. Members of the firm consistently strive to apply the strength and experience of the entire Willdan organization to achieve the most practical and effective solution to each project.

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Availability

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
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26 Availability
Key personnel will be available to the extent proposed for the duration of the services and an acknowledgement that no person designated as key personnel shall be removed or replaced without the prior written concurrence of the City Hemet.

Key Personnel Current Project Contact Information
Nicolle Spann, PE, TE
Project Manager
Nicolle is currently working on 2
projects as a Project Manager and
1 project as a Senior Engineer.

Availability: 80%
Engineering and Traffic Survey City of Inglewood
Peter Puglese
(310) 412-5333
Engineering and Traffic Survey City of San Bernardino
Azzam Jabsheh
(909) 384-7251
Highway Safety Improvement Plan
Citywide Sign Audit
City of Pico Rivera
Kenner Guerrero
(562) 801-4351
Jeffrey Lau, PE, TE, ENV SP
Principal-in-Charge
Jeff is currently managing 6
projects as Project Manager and
oversees 20 projects as Principalin-Charge.

Availability: 50%
Countywide Traffic Signal System
Upgrade Project
County of San Joaquin
Jeffrey Levers
(209) 953-7631
Citywide Sign Audit and Roadway
Safety Sign Enhancement Project
City of Pico Rivera
Kenner Guerrero
(562) 801-4351
Greater Downtown Bike and
Pedestrian Connectivity Project
City of Stockton
Said Bilal Houseyni
(209) 937-8241
Wes Pringle, PE
Quality Assurance Manager
Wes is currently working on 6
projects as a Quality Assurance
Manager.

Availability: 70%
Roadway Safety Improvements in 3
Areas
City of Moreno Valley
Guadalupe Cortes
(951) 413-3147
1500 Quail Street Traffic Impact
Analysis
City of Newport Beach
Socheata Chhouk
(949) 644-3346
Citywide Sign Inventory Project City of Los Alamitos
Ron Noda
(562) 431-3538

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Cost Proposal

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
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27 Cost Proposal
Willdan has submitted our Fee Schedule as a separate attachment per per the City’s request.

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Appendix

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Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
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28 Appendix
Key Staff Resumes

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29 Nicolle Spann, PE, TE
Senior Engineer II
Project Manager
Nicolle Spann is a Senior Engineer with Willdan who specializes in traffic engineering investigations, transportation planning, and grant funding applications. She is knowledgeable in transportation engineering processes and their application to operating systems. Nicolle is experienced in safety studies, traffic impact analyses, roadway safety studies, engineering and traffic surveys, traffic calming analysis, warrant analysis, preparing local road safety plans, signing, and striping design, and traffic signal design.

Ms. Spann has vast background and understanding in applying to and has been awarded $77M+ for client cities from federal, state, and local grant applications including the Highway Safety Improvement Program (HSIP), the Active Transportation Program (ATP), Clean California, and Urban Greening. She stays up to date on upcoming grant programs and is proactive in understanding new grant opportunities.

RELEVANT PROJECT EXPERIENCE
Ms. Spann has developed citywide safety plans to identify safety problems, collision hot spot locations, identify systemic trends, and develop recommendations for safety improvements. The LRSP provided each jurisdiction with an opportunity to proactively correct high collision or problem locations and prevent local road fatalities and injuries. A list of intersections and corridors with the most high-severity collisions was identified and a closer analysis was presented for each of the top intersections and corridors. From the analysis and input from project stakeholders, countermeasures were identified and prioritized to reduce future potential collisions at the high-risk locations. Project estimates were developed for each proposed project and funding sources were matched with each project based on the competitiveness of the project.

Ms. Spann has experience of serving various roles including being the Project Manager working with the following agencies on the development of their Citywide safety action plans.
 City of Bell (2021)
 City of Downey (2022, 2024)
 City of Inglewood (2022)
 City of La Canada Flintridge (2018,
2024)
 City of La Puente (2022)
 City of Lakewood (2022)
 City of Paramount (2022)
 City of Ridgecrest (2019)
 City of Rolling Hills Estates (2022)
 City of West Covina (2018)
 County of Napa (2020)
Relevant Project Experience
2023 Grant Application Support, City of Inglewood, CA. Project Manager. Willdan provided grant support services to apply for several infrastructure grants for City of Inglewood. Willdan prepared a grant application for the Clean California Local Grant Program administered by Caltrans for a beautification project around SoFi Stadium and the surrounding areas in the City of Inglewood. The grant was awarded over $1 Million in Clean California funding. Willdan also prepared and submitted a Safe Streets and Roads for All (SS4A) grant application for the City of Inglewood using a project identified in the Local Road Safety Plan and the Active Transportation Plan.

EDUCATION
BS, Civil Engineering,
California State Polytechnic
University, Pomona, CA

PROFESSIONAL

CERTIFICATIONS
Traffic Engineer, California
No. 2933
Civil Engineer, California
No. 91787
Civil Engineer, New Mexico
No.26862
Civil Engineer, Arizona No.
74660
10 YEARS OF EXPERIENCE

16.C.

30 Jeffrey Lau, PE, TE, ENV SP
Deputy Director of Engineering
Principal-in-Charge
Jeff Lau is an accomplished engineer for multi-discipline and multi-agency traffic and transportation projects such as traffic signals, signing and striping, street lighting, and construction traffic control. He oversees transportation design for Willdan's traffic engineering group and manages a variety of large- to small-scale projects. His responsibilities include the coordination, analysis, and design of various transportation projects such as the preparation of plans, specifications, and estimates (PS&E); field investigations; and traffic data collection. He has also assisted with traffic impact studies and analyses, plan reviews, and engineering and traffic survey updates. Jeffrey’s extensive hands-on traffic engineering background encompasses designs for 400+ new and modified traffic signal installations, street lighting, active transportation facilities, and traffic control. He has assisted clients with developing grant funding applications for various local, state, and federal grant programs – successfully securing funding through the Active Transportation Program (ATP) and the Highway Safety Improvement Program (HSIP).

Relevant Project Experience
Paramount Boulevard Traffic Signal Upgrades & Safety Enhancements, City of Downey, CA.

Project Manager. Willdan prepared plans, specifications, and cost estimates; conducted an environmental analysis; and performed a traffic safety assessment for 13 traffic signal upgrades and safety enhancement improvements between Gardendale Street and Telegraph Road. The project's goal was to improve traffic safety along Paramount Boulevard by upgrading the traffic signal and installing new controllers, controller cabinets, battery back-up systems, signal hardware equipment, LED safety lighting, and inter-section pedestrian countdown signal heads. Other safety enhancements encompassed installing ADA-compliant curb ramps to improve pedestrian and cyclist safety. All improvements have increased traffic signal visibility, facilitated safer turning movements, and reduced pedestrian- and cyclist-involved vehicle collisions. Willdan prepared both NEPA and CEQA documentation for environmental approval and provided grant funding administration services.

Local Road Safety Plan, County of Napa, CA. Project Manager. Willdan developed a citywide LRSP to identify safety problems, collision hot spot locations, identify systemic trends, and develop recommendations for safety improvements. The evaluation included input from stakeholders including members of the 4 E’s (Engineering, Education, Emergency Services, and Enforcement). The LRSP provided the County with an opportunity to proactively correct high collision or problem locations and prevent local road fatalities and injuries. Projects developed and presented in the Napa County LRSP were used to apply for nearly $6 Million in HSIP Cycle 10 and 11 funds. Willdan prepared the HSIP applications for the County and utilized the turnkey HSIP-ready project chapters to aide in the application.

Systemic Safety Analysis Report, City of La Cañada Flintridge, CA. Deputy Project Manager.

Willdan prepared a Systemic Safety Analysis Report (SSAR) that focuses on evaluating the City’s entire roadway network to identify safety projects to submit for future HSIP funding consideration. To develop the prioritized safety projects list, Willdan used the Caltrans’ Local Roadway Safety Manual as a guideline for analyzing collision history. Willdan analyzed each recommended countermeasure by crash type, co-efficient reduction factor, life expectancy, federal funding eligibility, and potential to work as a systemic approach. Willdan used SafeTREC's Transportation Injury Mapping System Benefit/Cost Calculator tool along with Los Angeles Sheriff’s Department collision data and SWITRS database information for our analysis.

The systemic safety analysis report identified the top 12 high-risk corridors and top 20 intersections with high collision frequencies within the city. The project developed a prioritized list of nine safety projects the City can use to apply for future HSIP grant funding.

EDUCATION
BS, Civil Engineering,
California State Polytechnic
University, Pomona, CA

PROFESSIONAL

CERTIFICATIONS
Traffic Engineer, California
No. 2835
Civil Engineer, California
No. 83887
Civil Engineer, Colorado No.
56366
Civil Engineer, Washington
No. 58065
Civil Engineer, Arizona No.
70072
Civil Engineer, Texas No.
140012
Civil Engineer, Nevada No.
28303
Civil Engineer, Minnesota
No. 59453
Civil Engineer, Florida No.
91068
Envision Sustainability
Professional, Institute for
Sustainable Infrastructure
No. 45376

ASSOCIATIONS
American Public Works
Association
21 YEARS OF EXPERIENCE

16.C.

31 Weston Pringle III, PE,
Traffic Engineer II
Quality Assurance Manager
Wes Pringle has over 34 years of experience and retired as a Transportation Engineer from the City of Los Angeles, where he worked with the Bureau of Engineering on implementing the current street standards and the adopted Mobility Plan. He also worked with development projects in establishing Transportation Demand Management strategies that improve the pedestrian, transit, and biking experience in the City. Mr. Pringle represented LADOT at City Planning Subdivision Public Hearings and Community Meetings and reviewed access and circulation plans for building permit applications, parcel maps, and tract maps. He also developed a traffic modeling report for the western region of the City of Los Angeles, the Western Transportation Studies District. Mr. Pringle is a Member of the Institute of Transportation Engineers (ITE), a guest lecturer of Transportation Engineering at the University of Southern California, and an Editor of ITE’s Expert Witness Council Newsletter.

Relevant Project Experience
Roadway Safety Improvements in 3 Areas, City of Moreno Valley, CA. Project Manager.

Willdan is providing traffic engineering services to develop enhancements to the City’s current Local Roadway Safety Plan (LRSP)/Traffic Safety Action Plan with additional emphasis areas. There are three areas of concern to be addressed in the LRSP addendum.

The first item is to provide a policy on the implementation of roundabouts and speed humps as traffic calming devices. The specific type of speed humps under consideration are known as speed cushions. Speed cushions are broken up to provide greater access for emergency response. The second task is to assess truck traffic throughout the City and recommend measures for the safe travel of goods movement. This will include a quantitative and qualitative assessment of current truck routes and the development of a truck travel map. The third task is an analysis of, and recommended safety measures for, the impacts of burro crossings of arterials and vehicle versus burro collisions in the mostly norther part of the city.

Traffic Analysis of Greenspot Road between Club View Drive and Santa Paula Street, City of Highland, CA. Project Manager. Willdan is providing traffic engineering services for an analysis of the traffic circulation on Greenspot Road between Club View Drive and Santa Paula Street. The City was concerned with possible ways to mitigate speeding on Greenspot Road including a possible reduction in the posted speed limit. The analysis also included a traffic signal warrant analysis of the intersection of Greenspot Road and Alta Vista and an analysis for a protected left turn signal phase for eastbound Greenspot Road at Weaver Street. As part of the analysis, Willdan collected traffic data, reviewed collision history, and performed a field review of existing conditions.

Uncontrolled Marked Crosswalk Analysis, City of Lakewood, CA. Traffic Engineer. The City of Lakewood requested an analysis of uncontrolled marked crosswalks throughout the City. The analysis included 28 uncontrolled marked crosswalks on major arterials, collectors, and local roadways. Willdan gathered 24-hour and peak period turning movement counts at each location. Willdan also analyzed reported collision histories. Willdan conducted field reviews of the 28 locations gathering existing conditions information including roadway widths, striping, signing, curb markings, etc. The information gathered was used to determine what additional traffic controls - pavement markings, signs, flashing beacons, Stop controls, traffic signals, etc. - might be necessary to address conditions with respect to maintenance needs or CA MUTCD standards. This project was conducted in 2 Phases: Phase 1 - Data Collection; Phase 2 - Analysis.

EDUCATION
BS, Civil Engineering,
California Polytechnic
University, Pomona,
California

PROFESSIONAL

CERTIFICATIONS
Civil Engineer, California
No. 56856
Certified Building Plans
Examiner, California No.
10072182
Transportation Engineer,
City of Los Angeles
Department of
Transportation

ASSOCIATIONS
Institute of Transportation
Engineers (ITE)
34 YEARS OF EXPERIENCE

16.C.

Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402
32 Attachment B – Levine Act Disclosure Statement

16.C.

Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402

16.C.

Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402

16.C.

Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402
35 Attachment B – Debarment and Suspension Certification

16.C.

Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402

16.C.

Proposal for the Development of a Citywide
Comprehensive Roadway Safety Action Plan
CIP 2402

16.C.

27368 Via Industria, Suite 200
Temecula, CA 92590-4856
951.587.3500 | 800.755.6864 | Fax: 951.587.3510
www.willdan.com

16.C.

January 24, 2024
Noah Rau, PE
Public Works Director/City Engineer
City of Hemet, Public Works Department
445 East Florida Avenue
Hemet, CA 92543
Subject: Fee Scheule for the Development of a Citywide Comprehensive Roadway Safety Action Plan CIP 2402
Willdan is pleased to submit our fee schedule to the City of Hemet for the creation of a Citywide Comprehensive Roadway Safety Action Plan, CIP 2402. Please find attached our detailed fee schedule for all services and materials anticipated in completing the project based on the scope of services.

As the proposed Principal-in-Charge for this important City project, you may reach me at the following address, phone number or email.

Jeffrey Lau, PE, TE, ENV SP
Deputy Director of Engineering
Willdan Engineering
27368 Via Industria, Suite 200
Temecula, CA 92590
(562) 364-8526
[email protected]
We feel strongly about the strength of our credentials and our abilities to meet and exceed the requested services identified by the City and look forward to serving the City of Hemet. If there are any questions regarding this proposal, please contact me as indicated above.

Respectfully submitted,

WILLDAN
Jeffrey Lau, PE, TE, ENV SP
Deputy Director of Engineering

16.C.

Fee Schedule for the Development of a Citywide
Comprehensive Roadway Safety Action Plan 2
CIP 2402

16.C.

00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
CHEN RYAN ASSOCIATES, INC.

A CALIFORNIA CORPORATION
AGREEMENT # 2025-078

16.C.

PROFESSIONAL SERVICES AGREEMENT
FOR CREATION OF COMPREHENSIVE CITYWIDE ROADWAY SAFETY ACTION PLAN - CIP 2402 BETWEEN THE CITY OF HEMET AND CHEN RYAN ASSOCIATES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 9th day of April, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Chen Ryan Associates, 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 Creation of Comprehensive Citywide Roadway Safety Action Plan - CIP 2402 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
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through April 8, 2027, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties.

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00092061.2
(a) 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.” (b) 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 Seven Hundred and Eighty-Four Thousand Two Hundred Dollars ($784,200.00) (“Not to Exceed Amount”) 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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00092061.2
[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. Consultantshall 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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00092061.2
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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00092061.2
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

16.C.

00092061.2
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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00092061.2
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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00092061.2
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 performedby 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: Chen Ryan Associates, Inc.

Attn: Monique Chen
3900 Fifth Avenue, Suite 310
San Diego, CA 92103
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

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

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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SECTION 35. FEDERAL PROVISIONS
When funding for the Services is provided, in whole or in part, by an agency of the federal government, Vendor shall also fully and adequately comply with the provisions included in Exhibit “D” (“Federal Requirements”) attached hereto and incorporated by reference. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL SERVICES AGREEMENT
FOR CREATION OF COMPREHENSIVE CITYWIDE ROADWAY SAFETY ACTION PLAN - CIP 2402 BETWEEN THE CITY OF HEMET AND CHEN RYAN ASSOCIATES, 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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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES
TASK 1: PROJECT MANAGEMENT AND COORDINATION

KICK-OFF MEETING
CRA’s Project Manager, Monique Chen, will organize a project kick-off meeting with Hemet staff and STC to refine the scope and schedule, discuss project priorities, establish communication channels, and clarify expectations, data needs, and roles.

PROJECT MANAGEMENT PLAN
A Project Management Plan (PMP) will be developed and submitted within one week following the kick-off meeting, documenting the finalized schedule, work plan, budget and staff by task, and project milestones. The PMP will describe the QA/QC procedures and the process for submitting and finalizing deliverable products.

COORDINATION MEETINGS
Monthly or bi-weekly meetings, depending on the project stage, will be held between project managers. Additional staff will be invited to participate based on the anticipated meeting content.

CRA will prepare and distribute meeting agendas prior to each meeting.

Deliverables: Project Management Plan and schedule; kick-off meeting; coordination meetings (agendas, attendance logs, minutes); monthly progress reports and invoices TASK 2: ENGAGEMENT AND COLLABORATION
Following the development of a Community Engagement Plan (CEP), this task will be carried out in twofold: A Task Force to oversee the development of the Comprehensive Safety Action Plan (CSAP), and community engagement efforts involving the broader public.

ENGAGEMENT AND COLLABORATION PLAN
adaptable CEP from the outset of the project. This plan will detail all outreach strategies, educational materials, and activity programming for Task Force meetings, and public workshops.

The CEP will focus on achieving equitable engagement, encouraging participation from diverse stakeholder groups, including historically underrepresented and disadvantaged communities. The engagement strategy will be structured around the three project phases: Kick-Off and Information Gathering, High-Injury Network Development, and Project Prioritization. Each phase will offer opportunities for Task Force members and the public to provide meaningful input and feedback, shaping the development of the CSAP.

TASK FORCE MEETINGS
CRA will work closely with the City to identify participants for the Task Force among local and regional stakeholders. Candidates may include staff from the various city departments, WRCOG, RTA, Caltrans, neighboring agencies, public safety departments (police, fire, and emergency

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Exhibit A – Scope of Services
Page | 2
response), library and school districts, Hemet San Jacinto Valley Chamber of Commerce, neighborhood and community-based organizations, transportation advocacy groups, environmental organizations, community clinics, and others.

CRA will facilitate three Task Force working meetings, including the preparation of meeting agendas, presentation materials, and minutes:

1. Kick-Off Meeting: This initial meeting will define the Task Force’s role in overseeing the development, implementation, and monitoring of the Hemet CSAP. Task Force members will contribute to shaping the CSAP’s vision and goals, and share their views on safety priorities and specific traffic safety concerns.

2. High-Injury Network Review Meeting: CRA will present the findings from the safety analysis and equity assessment, along with the methodology used to develop the draft highinjury network. Task Force members will have the opportunity to provide feedback and comments.

3. Priority Project Meeting: CRA will outline the approach for prioritizing projects and the preliminary development of these projects. Task Force members will be invited to give feedback and comments. This meeting will also discuss countermeasures and gather input from Task Force members on project implementation and monitoring.

The Draft CSAP will be shared with Task Force members for their review and feedback.

PUBLIC WORKSHOPS
CRA will organize three in-person public workshops, scheduled two to three weeks after each Task Force meeting. The workshops will be conducted in an interactive format, with participants working in groups and using materials such as maps and surveys to express their views and identify safety issues and concerns. All workshop materials will be available in both English and Spanish, and CRA will ensure the presence of at least two Spanish-speaking facilitators to assist Spanishspeaking participants.

Deliverables: Community Engagement Plan; Task Force contact list, three Task Force meetings including agendas, presentations, and summaries; public workshop fliers (English and Spanish); three in-person public workshops including presentations, materials (English and Spanish), and summaries
TASK 3: CITYWIDE SAFETY ANALYSIS

SAFETY ANALYSIS
Leveraging their deep local knowledge and prior experience in developing the 2019 Hemet SSAR, STC will update the safety analysis by evaluating existing conditions and historical trends to establish a collision baseline within the City. They will analyze a period of five years (minimum) of recent collision history within Hemet, using the City’s preferred data source. Collision records will be mapped and analyzed for various factors, including but not limited to collision severity, type, primary collision factor, location, time, roadway user involvement, and high-frequency collision trends such as incidents near local schools and parks, involving school-aged children, seniors, nighttime collisions, and those related to alcohol or drug impairment. The collision analysis will help identify prevailing safety issues, high collision locations, longitudinal trends and determine if any roadway user groups are disproportionately represented among the collisions.

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Exhibit A – Scope of Services
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In addition, STC, in collaboration with CRA, will attribute roadway characteristics to all collision records to enable Systemic Collision Analysis using available GIS data, recent aerial imagery (Near Map and Google Earth), and field verification. Examples of characteristics to be collected may include traffic control presence/type, crosswalk presence/type, number of travel lanes, median presence/ type, traffic volumes, and posted speed limits. This critical step will lay the groundwork for the Systemic Collision Analysis.

SYSTEMIC COLLISION ANALYSIS
Systemic collision matrices will be developed by CRA as a supplemental tool to understand and visualize study area trends and patterns for both intersection and midblock defined collisions, to facilitate the identification of citywide trends within each environment. The matrices will provide for a truly systemic analysis. This task will involve identifying variables to represent the crash types or behaviors contributing to the collisions (matrix rows) and the roadway characteristics where they occur (matrix columns), which will be informed by the safety analysis previously described. The matrix rows and columns define the crash profiles and establish the framework for identifying systemic issues and improvements.

TRAFFIC SAFETY DASHBOARD
CRA has developed multiple interactive ArcGIS Online-based collision dashboards to support safety projects. The application integrates collision datasets and roadway characteristics into a customized viewer which allows users to filter and query by the various collision and roadway attributes.

The dashboard will facilitate project team communication, streamline analyses and individual queries by compiling all collision and roadway environment data, and track collision trends over time. Additionally, CRA will document the procedures required to update the dashboard with future collision data, enabling the tool to be used beyond this project’s lifecycle. The Dashboard will be a critical tool for monitoring safety into the future and for providing transparency to community members on the City’s progress.

HIGH-INJURY NETWORK DEVELOPMENT
In recent years, federal and state agencies have encouraged practitioners to move beyond the isolated, spot-based approaches, advocating instead for network-level analyses of crash patterns and infrastructure characteristics to proactively recommend systemic improvements. CRA will consider various High-Injury Network (HIN) identification methodologies that we have utilized on other safety projects, and ultimately propose the most suitable approach for developing Hemet HIN.

Deliverables: Draft and Final Citywide Safety Analysis Technical Report; Online Traffic Safety Dashboard
TASK 4: SCHOOL-FOCUSED MOBILITY ASSESSMENTS
CRA proposes conducting School Mobility Assessments for all public elementary, middle and high schools within the City. This process involves coordinating with the Hemet Unified School District (HUSD) to obtain permission for connecting with each school site. We will then work

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Exhibit A – Scope of Services
Page | 4
with school principals to meet with school leadership, observe pick-up/drop-off routines, conduct public walk audits, and confirm field conditions. Understanding that parental perceptions of safety significantly impact walking and bicycling habits, CRA will gather insights from both parents and administrators, including reports of “near misses” and potential hazards. To capture this information, we will administer a parent survey and invite parents to participate in a walk audit at each school site.

Each School Mobility Assessment will focus on the area of the school enrollment boundary within one-mile of the school by street-network distance. The assessments will collect data on crossing guard locations, crosswalks, stop controls, pedestrian ramps, and walking and rolling barriers. This data will be overlaid with broader datasets from Replica Big Data and use the Riverside County Transportation Model (RIVCOM) to analyze student origins and destinations within each school attendance boundary.

The outcome of this task will be an individualized school profile with specific recommendations designed to have the greatest impact on youth, caregivers (including seniors), and families. The School Mobility Assessments will combine qualitative information obtained from stakeholders familiar with conditions at school with our team’s analysis and data collection to formulate recommendations supported by each school site and the HUSD.

Deliverables: District Leadership meeting; school coordination; SRTS data collection; distribution of bilingual parent survey and flyer for walk audit; School Mobility Assessments; individualized school profiles; SRTS prioritized recommendations per school site TASK 5: EQUITY NEEDS ASSESSMENT
CRA will analyze equity needs in the City, including identifying where historically disadvantaged groups, areas with persistent poverty, rural regions, and those adversely affected by inequality are most concentrated. Our team will analyze data in accordance with SS4A Equity Data Sources and the Justice40 Initiative to assess population characteristics and inform initial equity impact assessments. This will also guide stakeholder engagement and the development of proposed improvement strategies and projects. The equity assessment will align with SS4A Implementation Strategies, including:
• Integrating the Safe System Approach with the Highway Safety Improvement Program • Accessible Shared Streets: Notable Practices and Considerations for Accommodating Pedestrians with Vision Disabilities
• Pursuing Equity in Pedestrian and Bicycle Planning
• Framework for Better Integrating Health into Transportation Corridor Planning • Small Town and Rural Multimodal Networks
• CDC Transportation Recommendations
• Vision Zero Equity Strategies for Practitioners
CRA will prepare a technical equity assessment report which will incorporate USDOT FHWA’s Safe System Approach, which is a guiding principle aimed at enhancing the safety of all road users.

This approach involves a shift in safety culture, fostering increased collaboration among all safety stakeholders, and redesigning and operating transportation systems to anticipate human errors and

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Exhibit A – Scope of Services
Page | 5
mitigate impact forces, thereby reducing crash severity and saving lives. The assessment will consider factors such as socioeconomic demographics, public health approaches, and structural issues.

Deliverables: Draft and Final Equity Assessment Technical Report TASK 6: REVIEW AND UPDATE CURRENT CITY POLICIES, PLANS, GUIDELINES,

AND/OR STANDARDS
The CRA team will review and evaluate existing City policies, plans, guidelines, and standards to identify opportunities for enhancing transportation safety prioritization processes. Based on this assessment and the Hemet CSAP developed in Task 2, recommendations for new or revised City policies, guidelines, and standards will be developed as needed.

Deliverables: Draft and Final Policy Review Memo
TASK 7: DEVELOP STRATEGY AND COUNTERMEASURE TOOLBOX
The CRA team will identify roadway safety strategies and countermeasures informed by the safety analysis findings, equity assessment, school-focused mobility assessments, and Task Force and public
feedback. CRA will prepare the content in a toolbox format, detailing strategies and countermeasures selected based on guidance provided by the United States Department of Transportation (USDOT), Federal Highway Administration (FHWA), National Highway Traffic Safety Administration (NHTSA), National Cooperative Highway Research Program (NCHRP), and California Department of Transportation (Caltrans). Publications to be referenced will at a minimum include:
• USDOT FHWA Safe System Approach
• USDOT FHWA Proven Safety Countermeasures
• USDOT FHWA Crash Modification Factors (CMF Clearinghouse) • USDOT FHWA Pedestrian Safety Guide and Countermeasure Selection System (PEDSAFE)
• USDOT FHWA Bicycle Safety Guide and Countermeasure Selection System (BIKESAFE)
• USDOT FHWA Systemic Safety Project Selection Tool
• USDOT NHTSA Countermeasures that Work
• NCHRP Practices for Preventing Roadway Departures
• California Strategic Highway Safety Plan (SHSP) and Implementation Plan • Caltrans Local Roadway Safety Manual (LRSM) for California Local Road Owners Deliverables: Draft and Final Strategy and Countermeasure Toolbox TASK 8: DEVELOP AND PRIORITIZE PROJECTS

PROJECT PRIORITIZATION AND PROJECT SHEETS
In consultation with City staff, CRA will make recommendations throughout the City based on the findings from the safety analysis

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Exhibit A – Scope of Services
Page | 6
and countermeasure suitability, assemble recommendations into project areas and develop a prioritization process for ranking projects. Potential prioritization criteria may include variables such as HIN score, systemic environment/injury collision history, equity considerations, distance to schools, parks, and transit stops, cost, ease of implementation, public input, and alignment with grant criteria.

The criteria scoring and accumulated results will be documented in tables and maps. These resulting set of projects will be sorted into phases, for near-term, mid-term, and long-term implementation. Project sheets will be developed for up to 20 highest ranked projects. These projects may vary in scope and could include systemic improvements, area or neighborhood enhancements, corridor upgrades, or standalone intersection improvements.

Each project sheet will include:
• Project description, including location, limits, components, and potential implementation obstacles
• Project overview map indicating extents
• Conceptual image (either plan view, cross-section, three-dimensional graphic, or photo simulation)
• Cost estimate
CRA will prepare detailed preliminary Opinion of Probable Construction Costs (OPCC) for each high priority project. The preliminary OPCCs are based on quantity takeoffs from the conceptual design and reflect current unit prices. The preliminary OPCCs will identify the design items, unit prices, contingencies, and overall estimated cost.

IMPLEMENTATION STRATEGY
An implementation strategy will be prepared and included as a chapter of the ultimate CSAP. This strategy will provide a comprehensive identification of funding sources to aid in the pursuit of grant
funding to realize the infrastructure and programmatic recommendations. The funding sources identified will include descriptions of improvement types eligible, potential matching percentages, and associated criteria and requirements from the most recent grant cycles.

The strategy will also detail potential maintenance needs and long-term maintenance costs associated with the recommendations. A process for monitoring implementation of the recommendations and their effectiveness (e.g., changes in collisions, facility usage, etc.) will be outlined.

Deliverables: Prioritization process summary, scoring, and results; Up to 20 high-priority project sheets with cost estimates; Implementation strategy summarizing potential funding opportunities, maintenance needs, and monitoring activities
TASK 9: COMPREHENSIVE SAFETY ACTIVE PLAN
Synthesizing content from the previous tasks and input received from City staff and stakeholders, CRA will develop an Administrative Draft of the Hemet CSAP. This draft will include written narrative, graphics, photos, tables, and exhibits for City staff review.

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Exhibit A – Scope of Services
Page | 7
After incorporating City staff’s feedback, CRA will prepare the Draft Hemet CSAP for stakeholder circulation. Stakeholder comments will be integrated into the document, and CRA will present the Final Hemet CSAP to the City Council for adoption. CRA’s project manager will develop a presentation for and attend the City Council meeting and be prepared to address or resolve any critical comments raised by Council to ensure plan approval.

Upon City Council approval, CRA will submit the final version of the plan and any related documents, files and datasets to the City’s project manager and complete any other outstanding or requested project closeout procedures.

Deliverables: Draft and Final Hemet Comprehensive Safety Action Plan; Presentation to support Plan adoption
SS4A IMPLEMENTATION OR ATP CYCLE 8 GRANT APPLICATION
As an added value, CRA is committed to preparing an SS4A Implementation or ATP grant application at no-cost for the City of Hemet to jumpstart the implementation process. Our project schedule can be aligned with these calls for projects, and we believe securing funding is crucial to successful implementation. There are numerous federal, state, and regional funding sources available for safety improvements and active transportation projects. Our team is highly knowledgeable about current grant requirements and incorporates this expertise into our prioritization processes.

Deliverables: One SS4A FY 26 Implementation Grant Application or one ATP Cycle 8 Grant Application

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed Seven Hundred and Eighty-Four Thousand Two Hundred Dollars ($784,200.00).

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Exhibit B – Compensation
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Exhibit C – Insurance
Page | 1
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 $2,000,000 per occurrence, $4,000,000 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 $2,000,000 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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Exhibit C – Insurance
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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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Exhibit C – Insurance
Page | 3
non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, 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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Exhibit D – Federal Provisions
Page | 1
EXHIBIT “D”

FEDERAL PROVISIONS

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U.S. DEPARTMENT OF TRANSPORTATION

GENERAL TERMS AND CONDITIONS UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL (“SS4A”) GRANT PROGRAM INCLUDING TITLE 23 FUNDS:

FHWA PROJECTS
Date: April 30, 2024

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Table of Contents
Article 7 Purpose............................................................................................................................. 6

7.1 Purpose. ......................................................................................................................................... 6 Article 8 USDOT Role.................................................................................................................... 6

8.1 Division of USDOT Responsibilities. ........................................................................................... 6

8.2 USDOT Program Contact. ............................................................................................................ 7 Article 9 Recipient Role.................................................................................................................. 7

9.1 Statements on the Project. ............................................................................................................. 7

9.2 Statements on Authority and Capacity. ......................................................................................... 7

9.3 USDOT Reliance. ......................................................................................................................... 8

9.4 Project Delivery. ........................................................................................................................... 8

9.5 Rights and Powers Affecting the Project. ..................................................................................... 8

9.6 Notification of Changes to Key Personnel. ................................................................................... 9 Article 10 Award Amount, Obligation, and Time Periods ............................................................. 9

10.1 Federal Award Amount ................................................................................................................. 9

10.2 Federal Obligations. ...................................................................................................................... 9

10.3 Budget Period .............................................................................................................................. 10

10.4 Period of Performance. ............................................................................................................... 10 Article 11 Statement of Work, Schedule, and Budget Changes ................................................... 11

11.1 Notification Requirement. ........................................................................................................... 11

11.2 Statement of Work Changes. ...................................................................................................... 11

11.3 Schedule Changes. ...................................................................................................................... 11

11.4 Budget Changes. ......................................................................................................................... 11

11.5 USDOT Acceptance of Changes. ................................................................................................ 12 Article 12 General Reporting Terms............................................................................................. 12

12.1 Report Submission. ..................................................................................................................... 12

12.2 Alternative Reporting Methods. .................................................................................................. 13

12.3 Paperwork Reduction Act Notice. .............................................................................................. 13 Article 13 Progress and Financial Reporting ................................................................................ 13

13.1 Quarterly Performance Progress Reports. ................................................................................... 13

13.2 Quarterly Financial Status. .......................................................................................................... 13 Article 14 Performance Reporting ................................................................................................ 13

14.1 Baseline Performance Measurement. .......................................................................................... 13

14.2 SS4A Final Report: ..................................................................................................................... 14 Article 15 Noncompliance and Remedies ..................................................................................... 15

15.1 Noncompliance Determinations. ................................................................................................. 15

15.2 Remedies. .................................................................................................................................... 15

15.3 Other Oversight Entities.............................................................................................................. 16 Article 16 Agreement Termination ............................................................................................... 16

16.1 USDOT Termination. ................................................................................................................. 16

16.2 Closeout Termination. ................................................................................................................. 17

16.3 Post-Termination Adjustments. .................................................................................................. 17

16.4 Non-Terminating Events. ............................................................................................................ 17

16.5 Other Remedies. .......................................................................................................................... 17 Article 17 Monitoring, Financial Management, Controls, and Records ....................................... 18

17.1 Recipient Monitoring and Record Retention. ............................................................................. 18

17.2 Financial Records and Audits. .................................................................................................... 18

17.3 Internal Controls. ........................................................................................................................ 18

17.4 USDOT Record Access. ............................................................................................................. 19

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Article 18 Contracting and Subawards......................................................................................... 19

18.1 Build America, Buy America. ...................................................................................................19

18.2 Small and Disadvantaged Business Requirements. ....................................................................19

18.3 Engineering and Design Services. ..............................................................................................19

18.4 Foreign Market Restrictions........................................................................................................19

18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment...19

18.6 Recipient Responsibilities for Subawards...................................................................................19

18.7 Subaward and Contract Authorization........................................................................................19 Article 19 Costs, Payments, and Unexpended Funds................................................................... 20

19.1 Limitation of Federal Award Amount. .......................................................................................20

19.2 Projects Costs..............................................................................................................................20

19.3 Timing of Project Costs. .............................................................................................................20

19.4 Recipient Recovery of Federal Funds.........................................................................................20

19.5 Unexpended Federal Funds.........................................................................................................20

19.6 Timing of Payments to the Recipient..........................................................................................21

19.7 Payment Method.. .......................................................................................................................21

19.8 Information Supporting Expenditures.........................................................................................21

19.9 Reimbursement Frequency. ........................................................................................................21

19.10 Match. .........................................................................................................................................21 Article 20 Liquidation, Adjustments, and Funds Availability...................................................... 21

20.1 Liquidation of Recipient Obligations..........................................................................................21 Article 21 Agreement Modifications............................................................................................ 22

21.1 Bilateral Amendments.................................................................................................................22

21.2 Unilateral Contact Modifications................................................................................................22

21.3 USDOT Unilateral Modifications...............................................................................................22

21.4 Other Modifications....................................................................................................................22 Article 22 Climate Change and Environmental Justice ................................................................ 22

22.1 Climate Change and Environmental Justice. ..............................................................................22 Article 23 Racial Equity and Barriers to Opportunity .................................................................. 22

23.1 Racial Equity and Barriers to Opportunity..................................................................................22 Article 24 Federal Financial Assistance, Administrative, and National Policy Requirements .... 23

24.1 Uniform Administrative Requirements for Federal Awards.......................................................23

24.2 Federal Law and Public Policy Requirements. ...........................................................................23

24.3 Federal Freedom of Information Act. .........................................................................................23

24.4 History of Performance...............................................................................................................23

24.5 Whistleblower Protection............................................................................................................23

24.6 External Award Terms and Obligations......................................................................................23

24.7 Incorporated Certifications. ........................................................................................................24 Article 25 Assignment .................................................................................................................. 24

25.1 Assignment Prohibited................................................................................................................24 Article 26 Waiver.......................................................................................................................... 24

26.1 Waivers. ......................................................................................................................................24 Article 27 Additional Terms and Conditions................................................................................ 25

27.1 Effect of Planning and Demonstration or Implementation Award. ............................................25

27.2 Disclaimer of Federal Liability...................................................................................................25

27.3 Environmental Review................................................................................................................25

27.4 Railroad Coordination.................................................................................................................26

27.5 Relocation and Real Property Acquisition..................................................................................26

27.6 Equipment Disposition................................................................................................................27 Article 28 Mandatory Award Information.................................................................................... 27

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28.1 Information Contained in a Federal Award. ...............................................................................27 Article 29 Construction and Definitions....................................................................................... 27

29.1 Attachments. ...............................................................................................................................27

29.2 Exhibits. ......................................................................................................................................27

29.3 Construction................................................................................................................................28

29.4 Integration...................................................................................................................................28

29.5 Definitions...................................................................................................................................28 Article 30 Agreement Execution and Effective Date ................................................................... 28

30.1 Counterparts................................................................................................................................28

30.2 Effective Date. ............................................................................................................................28

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Index of Definitions
Administering Operating Administration ....................................................................................... 7 Environmental Review Entity…………………………………………………………………....25 Federal Share ................................................................................................................................ 11 FHWA ............................................................................................................................................. 7 NOFO .............................................................................................................................................. 6 OMB ............................................................................................................................................. 11 Program Statute ............................................................................................................................. 28 Project……………………………………………………………………………………………19
Project Closeout ............................................................................................................................ 16 SS4A Grant ................................................................................................................................... 28 USDOT ........................................................................................................................................... 6

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GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) established the Safe Streets and Roads for All (the “SS4A”) Discretionary Grant Program (BIL Section 24112) and appropriated funds to the United States Department of Transportation (the “USDOT”) under Division J, Title VIII of BIL to implement the program. The funds are available to provide Federal financial assistance to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as “Vision Zero” or “Toward Zero Deaths” initiatives.

The USDOT published a Notice of Funding Opportunity (the “NOFO”) to solicit applications for Federal financial assistance in Fiscal Year 2023 for the SS4A Discretionary Grant Program (88 Fed. Reg. 22090, April 12, 2023).

These general terms and conditions are incorporated by reference in a project-specific grant agreement under the fiscal year 2023 SS4A grant program. Articles 1–6 are in the projectspecific portion of the agreement. The term “Recipient” is defined in the project-specific portion of the agreement. Attachments A through F are project-specific attachments.

ARTICLE 7

PURPOSE

7.1 Purpose. The purpose of this award is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development or projects focused on all users, including pedestrians, bicyclists, public transportation users, motorists, personal conveyance and micromobility users, and commercial vehicle operators. The parties will accomplish that purpose by achieving the following objectives:
(1) timely completing the Project; and
(2) ensuring that this award does not substitute for non-Federal investment in the Project, except as proposed in the Grant Application, as modified by section 3.3 and Attachment B.

ARTICLE 8

USDOT ROLE

8.1 Division of USDOT Responsibilities.
(a) The Office of the Secretary of Transportation is ultimately responsible for the USDOT’s administration of the SS4A Grant Program.

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(b) The Federal Highway Administration (the “FHWA”) will administer this grant agreement on behalf of the USDOT. In this agreement, the “Administering Operating Administration” means the FHWA.

8.2 USDOT Program Contact.

Safe Streets and Roads for All
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
[email protected]
(202) 366-2822
ARTICLE 9

RECIPIENT ROLE

9.1 Statements on the Project. The Recipient states that:
(1) all material statements of fact in the Grant Application were accurate when that application was submitted; and
(2) Attachment B documents all material changes in the information contained in that application.

9.2 Statements on Authority and Capacity. The Recipient states that:
(1) it has the authority to receive Federal financial assistance under this agreement; (2) it has the legal authority to complete the Project, including either ownership and/or maintenance responsibilities over a roadway network; safety responsibilities that affect roadways; or has an agreement from the agency that has ownership and/or maintenance responsibilities for the roadway within the applicant’s jurisdiction; if applicable;
(3) it has the capacity, including institutional, managerial, and financial capacity, to comply with its obligations under this agreement;
(4) not less than the difference between the “Total Eligible Project Cost” and the “SS4A Grant Amount” listed in section 3.3 are committed to fund the Project; (5) it has sufficient funds available, or an agreement with the agency that has ownership and/or maintenance responsibilities for the roadway within the

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recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and
(6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 24.7 on behalf of the Recipient.

9.3 USDOT Reliance. The Recipient acknowledges that:
(1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award;
(2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO;
(3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants.

9.4 Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies.
(d) The Recipient shall provide access to records as provided at 2 C.F.R. 200.337.

9.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT.
(b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.

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9.6 Notification of Changes to Key Personnel. The Recipient shall notify all USDOT representatives who are identified in Section 4.3 in writing within 30 calendar days of any change in key personnel who are identified in Section 4.2.

ARTICLE 10

AWARD AMOUNT, OBLIGATION, AND TIME PERIODS

10.1 Federal Award Amount The USDOT hereby awards a SS4A Grant to the Recipient in the amount listed in section 2.2 as the SS4A Grant Amount.

10.2 Federal Obligations.

This agreement obligates funds for the period of performance listed on Page 1, Block 6 of the grant agreement.
(a) If the Federal Obligation Type identified in section 2.3 is “Single,” then the projectspecific agreement obligates for the budget period the amount listed in Section 2.2. as the Grant Amount and sections 10.2 (c)–10.2(f) do not apply to the project specific agreement.
(b) If the Federal Obligation Type identified in section 2.3 is “Multiple,” (for phased agreements) then an amount up to the Grant Amount listed in Section 2.2 will be obligated with one initial obligation and one or more subsequent, optional obligations, as described in sections 10.2(c)–10.2(f).
(c) The Obligation Condition Table in section 2.3 allocates the Grant funds among separate phases of the Project for the purpose of the Federal obligation of funds. The scope of each phase of the Project that is identified in that table is described in section

2.3. (d) The project-specific agreement obligates for the budget period only the amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table does not list an obligation condition. (e) The project-specific agreement does not obligate amounts allocated in the Obligation Condition Table in section 2.3 to portions of the Project for which that table lists an obligation condition. The parties may obligate the amounts allocated to those portions of the Project only by modifying the project specific agreement under section 21. (f) For each portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, the amount allocated in that table to that portion of the Project is obligated if, not later than the statutory lapse date identified in the projectspecific agreement as applicable to the Grant Program.

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(g) For any portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, if the obligation condition is satisfied, the parties amend this agreement documenting that:
(1) the FHWA determines that the obligation condition listed in that table for that portion of the Project is satisfied; and
(2) the FHWA determines that all applicable Federal requirements for obligating the amount are satisfied.
(h) The Recipient shall not request reimbursement of costs for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section

10.2(c)-(f).
(i) Reserved.
(j) The Recipient acknowledges that:
(1) the FHWA is not liable for payments for a portion of the Project for which the Obligation Condition Table in section 2.3 lists an obligation condition, unless the amount allocated in that table to that portion of the Project is obligated under section 10.2(c)-(f);
(2) any portion of the Grant that is not obligated under this section 10.2 by the budget period end date identified in the project-specific agreement for those funds lapses on the day after that date and becomes unavailable for the Project; and (3) the FHWA may consider the failure to obligate funds by the budget period end date identified in the project-specific agreement as applicable to the Grant Program for those funds to be a basis for terminating the project-specific agreement under section 16.

10.3 Budget Period
The budget period for this award begins on the effective date of this agreement and ends on the budget period end date that is listed in section 2.4, which shall be no later than 5 years from the date of grant execution. In this agreement, “budget period” is used as defined at 2 C.F.R. 200.1.

10.4 Period of Performance.
(a) The period of performance for this award begins on the effective date of award listed in page 1 item 2 and ends on the period of performance end date that is listed in Page 1, Block 6.
(b) In this agreement, “period of performance” is used as defined at 2 C.F.R. 200.1.

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ARTICLE 11

STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES

11.1 Notification Requirement. The Recipient shall notify all USDOT representatives who are identified in section 4.3 in writing within 30 calendar days of any change in circumstances or commitments that adversely affect the Recipient’s plan to complete the Project. In that notification, the Recipient shall describe the change and what actions the Recipient has taken or plans to take to ensure completion of the Project. This notification requirement under this section 11.1 is separate from any requirements under this article 11 that the Recipient request amendment of this agreement.

11.2 Statement of Work Changes. If the Project’s activities differ from the statement of work that is described in section 3.1 and Attachment B, then the Recipient shall request an amendment of this agreement to update section 3.1.

11.3 Schedule Changes. If one or more of the following conditions are satisfied, then the Recipient shall request an amendment of this agreement to update the relevant dates:
(1) a substantial completion date for the Project or a component of the Project that is listed in section 3.2 and the Recipient’s estimate for that milestone changes to a date that is more than six months after the date listed in section 3.2; or (2) a schedule change would require the period of performance to continue after the period of performance end date listed on Page 1, Block 6.

For other schedule changes, the Recipient shall request an amendment of this agreement unless the USDOT has consented, in writing consistent with applicable requirements, to the change.

11.4 Budget Changes.
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1) that increase does not affect the Recipient’s obligation under this agreement to complete the Project; and
(2) the USDOT will not increase the amount of this award to address any funding shortfall.
(b) The Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B if, in comparing the Project’s budget to the amounts listed in section 3.3:
(1) the “Non-Federal Funds” amount decreases; or
(2) the “Total Eligible Project Cost” amount decreases.

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(c) For budget changes that are not identified in section 11.4(b), the Recipient shall request an amendment of this agreement to update section 3.3 and Attachment B unless the USDOT has consented, in writing consistent with applicable requirements, to the change. (d) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3, then the Recipient may propose to the USDOT, in writing consistent with applicable requirements, specific additional activities that are within the scope of this award, as defined in sections 7.1 and 3.1, and that the Recipient could complete with the difference between the “Total Eligible Project Cost” that is listed in section 3.3 and the actual eligible project costs.
(e) If the actual eligible project costs are less than the “Total Eligible Project Cost” that is listed in section 3.3 and either the Recipient does not make a proposal under section

11.4(d) or the USDOT does not accept the Recipient’s proposal under section 11.4(d), then:
(1) in a request under section 11.4(b), the Recipient shall reduce the Federal Share by the difference between the “Total Eligible Project Cost” that is listed in section

3.3 and the actual eligible project costs; and
(2) if that amendment reduces this award and the USDOT had reimbursed costs exceeding the revised award, the Recipient shall request to add additional project work that is within the scope of this project.

In this agreement, “Federal Share” means the sum of the “SS4A Grant Amount” and the “Other Federal Funds” amounts that are listed in section 3.3(a). (f) The Recipient acknowledges that amounts that are required to be refunded under section

11.4(e)(2) constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).

11.5 USDOT Acceptance of Changes. The USDOT may accept or reject amendments requested under this article 11, and in doing so may elect to consider only the interests of the SS4A grant program and the USDOT. The Recipient acknowledges that requesting an amendment under this article 11 does not amend, modify, or supplement this agreement unless the USDOT accepts that amendment request and the parties modify this agreement under section 21.1.

ARTICLE 12

GENERAL REPORTING TERMS

12.1 Report Submission. The Recipient shall send all reports required by this agreement to all USDOT contacts who are listed in section 4.3. Reports will be added to a central repository maintained by FHWA.

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12.2 Alternative Reporting Methods. FHWA may establish processes for the Recipient to submit reports required by this agreement, including electronic submission processes. If the Recipient is notified of those processes in writing, the Recipient shall use the processes required by the FHWA.

12.3 Paperwork Reduction Act Notice.

Under 5 C.F.R. 1320.6, the Recipient is not required to respond to a collection of information that does not display a currently valid control number issued by the Office of Management and Budget (the “OMB”). Collections of information conducted under this agreement are approved under OMB Control No. 2125-0675.

ARTICLE 13

PROGRESS AND FINANCIAL REPORTING

13.1 Quarterly Performance Progress Reports. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit to the USDOT a Quarterly Performance Progress Report in the format and with the content described in Exhibit C. If the date of this agreement is in the final month of a calendar year, then the Recipient shall submit the first Quarterly Performance Progress Report in the second calendar year that begins after the date of this agreement.

13.2 Quarterly Financial Status. Quarterly, on or before the 20th day of the first month of each calendar year (e.g., reports due on or before January 20th, April 20th, July 20th, and October 20th) and until the end of the period of performance, the Recipient shall submit a Federal Financial Report using SF-425.

ARTICLE 14

PERFORMANCE REPORTING

14.1 Baseline Performance Measurement. Recipients of Implementation Grants or Planning and Demonstration Grants with demonstration activities shall:
(1) collect data for each performance measure that is identified in the Performance Measure Table in Attachment A, accurate as of the Baseline Measurement Date that is identified in Attachment A; and
(2) on or before the Baseline Report Date that is stated in Attachment A, the Recipient shall submit a Baseline Performance Measurement Report that contains the data collected under this section 14.1 and a detailed description of the data sources, assumptions, variability, and estimated levels of precision for each performance measure that is identified in the Performance Measure Table in Attachment A.

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14.2 SS4A Final Report: The Recipient shall submit to the USDOT, not later than 120 days after the end of the period of performance, a report in the format specified by FHWA and with the content described in Attachment A that describes, consistent with sections 24112(g)-(h) of BIL:
(1) the costs of each eligible project and strategy carried out using the grant; (2) the roadway safety outcomes and any additional benefits (e.g., increased walking, biking, or transit use without a commensurate increase in serious and fatal crashes, etc.) that each such project and strategy has generated, as— • identified in the grant application; and
• measured by data to the maximum extent practicable;
(3) the percent of funds spent in, and providing benefits to, underserved communities; and
(4) the lessons learned, and any recommendations related to future projects or strategies to prevent death and serious injuries on roads and streets.

14.3 Performance Measurement Information.

For each performance measure identified to be submitted annually in the Performance Measure Table in Attachment A, not later than January 31 of each year, the Recipient shall submit to the USDOT a Performance Measurement Report containing the data collected in the previous calendar year and stating the dates when the data was collected.

14.4 Performance Reporting Survival.

The data collection and reporting requirements in this article 14 survive the termination of this agreement which is three years post period of performance.

14.5 Program Evaluation.

As a condition of grant award, the recipient may be required to participate in an evaluation undertaken by USDOT, or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, before/after photographs of the sites, qualitative activities such as videos describing the project and its impact on the community, or a benefit/cost analysis or assessment of return on investment. The Department may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or USDOT staff.

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ARTICLE 15

NONCOMPLIANCE AND REMEDIES

15.1 Noncompliance Determinations.
(a) If the USDOT determines that the Recipient may have failed to comply with the United States Constitution, Federal law, or the terms and conditions of this agreement, the USDOT may notify the Recipient of a proposed determination of noncompliance. For the notice to be effective, it must be written and the USDOT must include an explanation of the nature of the noncompliance, describe a remedy, state whether that remedy is proposed or effective at an already determined date, and describe the process through and form in which the Recipient may respond to the notice.
(b) If the USDOT notifies the Recipient of a proposed determination of noncompliance under section 15.1(a), the Recipient may, not later than 7 calendar days after the notice, respond to that notice in the form and through the process described in that notice. In its response, the Recipient may:
(1) accept the remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; or (3) dispute the noncompliance.

To dispute the noncompliance, the Recipient must include in its response documentation or other information supporting the Recipient’s compliance. (c) The USDOT may make a final determination of noncompliance only:
(1) after considering the Recipient’s response under section 15.1(b); or (2) if the Recipient fails to respond under section 15.1(b), after the time for that response has passed.
(d) To make a final determination of noncompliance, the USDOT must provide a notice to the Recipient that states the basis for that determination.

15.2 Remedies.
(a) If the USDOT makes a final determination of noncompliance under section 15.1(d), the USDOT may impose a remedy, including:
(1) additional conditions on the award;
(2) any remedy permitted under 2 C.F.R. 200.339–200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to USDOT; suspension or termination of the award; or suspension and disbarment under 2 C.F.R. part 180; or

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(3) any other remedy legally available.
(b) To impose a remedy, the USDOT must provide a written notice to the Recipient that describes the remedy, but the USDOT may make the remedy effective before the Recipient receives that notice.
(c) If the USDOT determines that it is in the public interest, the USDOT may impose a remedy, including all remedies described in section 15.2(a), before making a final determination of noncompliance under section 15.1(d). If it does so, then the notice provided under section 15.1(d) must also state whether the remedy imposed will continue, be rescinded, or modified.
(d) In imposing a remedy under this section 15.2 or making a public interest determination under section 15.2(c), the USDOT may elect to consider the interests of only the USDOT.
(e) The Recipient acknowledges that amounts that the USDOT requires the Recipient to refund to the USDOT due to a remedy under this section 15.2 constitute a debt to the Federal Government that the USDOT may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900–999).

15.3 Other Oversight Entities.

Nothing in this article 15 limits any party’s authority to report activity under this agreement to the United States Department of Transportation Inspector General or other appropriate oversight entities.

ARTICLE 16

AGREEMENT TERMINATION

16.1 USDOT Termination.
(a) The USDOT may terminate this agreement and all its obligations under this agreement if any of the following occurs:
(1) the Recipient fails to obtain or provide any non-SS4A Grant contribution (all eligible project costs other than the SS4A Grant Amount, as described in section

3.3(a) of the grant agreement) or alternatives approved by the USDOT as provided in this agreement and consistent with article 3; (2) a construction start date for the project or strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section

3.2;

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(3) a substantial completion date for the project or strategy is listed in section 3.2 and the Recipient fails to meet that milestone by six months after the date listed in section 3.2;
(4) the Recipient fails to comply with the terms and conditions of this agreement, including a material failure to comply with the schedule in section 3.2 even if it is beyond the reasonable control of the Recipient; or,
(5) the USDOT determines that termination of this agreement is in the public interest. (6) the Recipient fails to expend the funds within 5 years after the date on which the government executes the grant agreement, which is the date funds are provided for the project.
(b) In terminating this agreement under this section, the USDOT may elect to consider only the interests of the USDOT.
(c) This section 16.1 does not limit the USDOT’s ability to terminate this agreement as a remedy under section 15.2.
(d) The Recipient may request that the USDOT terminate the agreement under this section

16.1. 16.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, “Project Closeout” means the date that the USDOT notifies the Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout should occur no later than one year after the end of the period of performance.

16.3 Post-Termination Adjustments. The Recipient acknowledges that under 2 C.F.R. 200.345–200.346, termination of the agreement does not extinguish the USDOT’s authority to disallow costs, including costs that USDOT reimbursed before termination, and recover funds from the Recipient.

16.4 Non-Terminating Events.
(a) The end of the period of performance described under section 10.4 does not terminate this agreement or the Recipient’s obligations under this agreement. (b) The liquidation of funds under section 20.1 does not terminate this agreement or the Recipient’s obligations under this agreement.

16.5 Other Remedies. The termination authority under this article 16 supplements and does not limit the USDOT’s remedial authority under article 15 or 2 C.F.R. part 200, including 2 C.F.R. 200.339–200.340.

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ARTICLE 17

MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND RECORDS

17.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award, including activities under subawards and contracts, to ensure:
(1) that those activities comply with this agreement; and (2) that funds provided under this award are not expended on costs that are not allowable under this award or not allocable to this award. (b) If the Recipient makes a subaward under this award, the Recipient shall monitor the activities of the subrecipient in compliance with 2 C.F.R. 200.332(d). (c) The Recipient shall retain records relevant to the award as required under 2 C.F.R. 200.334.

17.2 Financial Records and Audits.
(a) The Recipient shall keep all project accounts and records that fully disclose the amount and disposition by the Recipient of the award funds, the total cost of the project, and the amount or nature of that portion of the cost of the project supplied by other sources, and any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 17.2(a) in accordance with a financial management system that meets the requirements of 2 C.F.R. 200.301–200.303, 2 C.F.R. part 200, subpart F, and title 23, United States Code, and will facilitate an effective audit in accordance with 31 U.S.C. 7501–7506. (c) The Recipient shall separately identify expenditures under the fiscal year 2023 SS4A grants program in financial records required for audits under 31 U.S.C. 7501–7506.

Specifically, the Recipient shall:
(1) list expenditures under that program separately on the schedule of expenditures of Federal awards required under 2 C.F.R. part 200, subpart F, including “FY 2023” in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item 1 (“Federal Awards Expended During Fiscal Period”) of Form SF-SAC, including “FY 2023” in column c (“Additional Award Identification”).

17.3 Internal Controls. The Recipient shall establish and maintain internal controls as required under 2 C.F.R. 200.303.

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17.4 USDOT Record Access. The USDOT may access Recipient records related to this award under 2 C.F.R. 200.337.

17.5 Oversight Responsibilities. This award is subject to the oversight requirements of title 23, United States Code.

ARTICLE 18

CONTRACTING AND SUBAWARDS

18.1 Build America, Buy America. The recipient shall comply with 23 U.S.C. 313 and § 70914(a) of the Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtitle A, 135 Stat. 429, 1294 (2021), as applicable.

18.2 Small and Disadvantaged Business Requirements. The Recipient shall expend all funds under this award in compliance with the requirements at 2 C.F.R. 200.321 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”).

18.3 Engineering and Design Services. The Recipient shall award each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner that a contract for architectural and engineering services is negotiated under 2 C.F.R. 200.320 or an equivalent qualifications-based requirement prescribed for or by the Recipient.

18.4 Foreign Market Restrictions. The Recipient shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

18.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232, 2 C.F.R. 200.216 and 2 C.F.R. 200.471 prohibit the Recipient and all subrecipients from procuring or obtaining certain telecommunications and video surveillance services or equipment under this award.

18.6 Recipient Responsibilities for Subawards. If the Recipient makes a subaward under this award, the Recipient shall comply with the requirements on pass-through entities under 2 C.F.R. parts 200 and 1201, including 2 C.F.R. 200.331–200.333.

18.7 Subaward and Contract Authorization.

If the USDOT Office for Subaward and Contract Authorization identified in section 5.1 is “FHWA Office of Acquisition and Grants Management,” then the Recipient shall obtain prior written approval from the USDOT agreement officer for the subaward or

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contracting out of any new work under this agreement for non-construction awards. This provision is in accordance with 2 CFR 200.308(c)(6) and does not apply to the acquisition of supplies, material, equipment or general support services.

18.8 Minimum Wage Rates. The Recipient shall include, in all contracts in excess of $2,000 for work on the Project that involves labor, provisions establishing minimum rates of wages, to be predetermined by the United States Secretary of Labor, in accordance with 23 U.S.C. 113, that contractors shall pay to skilled and unskilled labor, and such 19 of 33 minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

ARTICLE 19

COSTS, PAYMENTS, AND UNEXPENDED FUNDS

19.1 Limitation of Federal Award Amount. Under this award, the USDOT shall not provide funding greater than the amount obligated on the SS4A Grant cover page, Item 11, Federal Funds Obligated. The Recipient acknowledges that USDOT is not liable for payments exceeding that amount, and the Recipient shall not request reimbursement of costs exceeding that amount.

19.2 Projects Costs. This award is subject to the cost principles at 2 C.F.R. part 200 subpart E, including provisions on determining allocable costs and determining allowable costs.

19.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the period of performance.
(b) The Recipient shall not charge to this award costs that were incurred before the effective date of award of this agreement, unless there has been an approval of pre-award costs under 2 C.F.R. 200.458.

19.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts, including initiating litigation, if necessary, to recover Federal funds if the USDOT determines, after consultation with the Recipient, that those funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under this award. The Recipient shall not enter a settlement or other final position, in court or otherwise, involving the recovery of funds under the award unless approved in advance in writing by the USDOT.

19.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 10.1 but not expended on allocable, allowable costs remain the property of the United States.

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19.6 Timing of Payments to the Recipient. When reimbursement is used, the Recipient shall not request reimbursement of a cost before the Recipient has entered an obligation for that cost.

19.7 Payment Method. The USDOT may deny a payment request that is not submitted using the method identified in section 5.2.

19.8 Information Supporting Expenditures
(a) If the USDOT Payment System identified in section 5.2 is “DELPHI iSupplier,” then when requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs), shall identify the Federal share and the Recipient’s share of costs, and shall submit supporting cost detail to clearly document all costs incurred. As supporting cost detail, the Recipient shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, and travel.
(b) If the Recipient submits a request for reimbursement that the USDOT determines does not include or is not supported by sufficient detail, the USDOT may deny the request or withhold processing the request until the Recipient provides sufficient detail.

19.9 Reimbursement Frequency. If the USDOT Payment System identified in section 5.2 is “DELPHI iSupplier,” then the Recipient shall not request reimbursement more frequently than monthly.

19.10 Match. The recipient should show on each request for reimbursement that at least 20 percent of the incurred costs will count towards match. If the recipient intends to vary the match percentage over the life of the project, it must communicate its plan to USDOT.

The recipient is responsible for tracking match according to the plan. At the completion of the grant award, the cost share requirement must be met, and Federal funds must not exceed the project's Federal share.

ARTICLE 20

LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY

20.1 Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement not later than the earlier of (1) 120 days after the end of the period of performance or (2) the statutory availability to eligible entities date, which shall be 5 years after the date on which the grant is provided.

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(b) Liquidation of obligations and adjustment of costs under this agreement follow the requirements of 2 C.F.R. 200.344–200.346.

ARTICLE 21

AGREEMENT MODIFICATIONS

21.1 Bilateral Amendments. The parties may amend, modify, or supplement this agreement by mutual agreement in writing signed by the USDOT and the Recipient. Either party may request to amend, modify, or supplement this agreement by written notice to the other party.

21.2 Unilateral Contact Modifications.
(a) The USDOT may update the contacts who are listed in sections 4.3 by written notice to all of the Recipient contacts who are listed in section 4.1.

21.3 USDOT Unilateral Modifications.
(a) The USDOT may unilaterally modify this agreement to comply with Federal law, including the Program Statute.
(b) To unilaterally modify this agreement under this section 21.3(a), the USDOT must provide a notice to the Recipient that includes a description of the modification and state the date that the modification is effective.

21.4 Other Modifications. The parties shall not amend, modify, or supplement this agreement except as permitted under sections 21.1, 21.2, or 21.3. If an amendment, modification, or supplement is not permitted under section 21.1, not permitted under section 21.2, and not permitted under section 21.3, it is void.

ARTICLE 22

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE

22.1 Climate Change and Environmental Justice. Consistent with Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” (Jan. 27, 2021), Attachment C documents the consideration of climate change and environmental justice impacts of the Project.

ARTICLE 23

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

23.1 Racial Equity and Barriers to Opportunity. Consistent with Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the

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Federal Government” (Jan. 20, 2021), Attachment D documents activities related to the Project to improve racial equity and reduce barriers to opportunity.

ARTICLE 24

FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND NATIONAL

POLICY REQUIREMENTS

24.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall comply with the obligations on non-Federal entities under 2 C.F.R. parts 200 and 1201.

24.2 Federal Law and Public Policy Requirements.
(a) The Recipient shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements:
including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
(b) The failure of this agreement to expressly identify Federal law applicable to the Recipient or activities under this agreement does not make that law inapplicable.

24.3 Federal Freedom of Information Act.
(a) The USDOT is subject to the Freedom of Information Act, 5 U.S.C. 552. (b) The Recipient acknowledges that the Technical Application and materials submitted to the USDOT by the Recipient related to this agreement may become USDOT records subject to public release under 5 U.S.C. 552.

24.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may consider the Recipient’s performance under this agreement when evaluating the risks of making a future Federal financial assistance award to the Recipient.

24.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a “grantee” within the scope of 41 U.S.C. 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award, gross waste of Federal funds, or a violation of Federal law related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies provided under 41 U.S.C. 4712, in the predominant native language of the workforce.

24.6 External Award Terms and Obligations.
(a) In addition to this document and the contents described in article 29, this agreement includes the following additional terms as integral parts:

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(1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements;
(2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation;
(3) 2 C.F.R 175.15(b): Trafficking in Persons; and
(4) Appendix XII to 2 C.F.R. part 200: Award Term and Condition for Recipient Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. part 20: New Restrictions on Lobbying;
(2) 49 C.F.R. part 21: Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964;
(3) 49 C.F.R. part 27: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; and
(4) Subpart B of 49 C.F.R. part 32: Governmentwide Requirements for Drug-free Workplace (Financial Assistance).

24.7 Incorporated Certifications. The Recipient makes the statements in the following certifications, which are incorporated by reference:
(1) Appendix A to 49 C.F.R. part 20 (Certification Regarding Lobbying).

ARTICLE 25

ASSIGNMENT

25.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any discretion granted under this agreement, any right to satisfy a condition under this agreement, any remedy under this agreement, or any obligation imposed under this agreement.

ARTICLE 26
WAIVER

26.1 Waivers.
(a) A waiver granted by USDOT under this agreement will not be effective unless it is in writing and signed by an authorized representative of USDOT.

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(b) A waiver granted by USDOT under this agreement on one occasion will not operate as a waiver on other occasions.
(c) If USDOT fails to require strict performance of a provision of this agreement, fails to exercise a remedy for a breach of this agreement, or fails to reject a payment during a breach of this agreement, that failure does not constitute a waiver of that provision or breach.

ARTICLE 27

ADDITIONAL TERMS AND CONDITIONS

27.1 Effect of Planning and Demonstration or Implementation Award. Based on information that the Recipient provided to the USDOT, including the Grant Application, as indicated in section 2.5, this agreement designates this award as a Planning and Demonstration award or an Implementation award, as defined in the NOFO. The Recipient shall comply with the requirements that accompany that designation as listed in the FY 2023 Notice of Funding Opportunity for Safe Streets and Roads for All.

27.2 Disclaimer of Federal Liability. The USDOT shall not be responsible or liable for any damage to property or any injury to persons that may arise from, or be incident to, performance or compliance with this agreement.

27.3 Environmental Review
(a) In this section, “Environmental Review Entity” means:
(1) if the Project is located in a State that has assumed responsibilities for environmental review activities under 23 U.S.C. 326 or 23 U.S.C. 327 and the Project is within the scope of the assumed responsibilities, the State; and
(2) for all other cases, the FHWA.
(b) Except as authorized under section 27.3(c), the Recipient shall not begin final design; acquire real property, construction materials, or equipment; begin construction; or take other actions that represent an irretrievable commitment of resources for the Project unless and until:
(1) the Environmental Review Entity complies with the National Environmental Policy Act, 42 U.S.C. 4321 to 4370m-12, and any other applicable environmental laws and regulations; and
(2) if the Environmental Review Entity is not the Recipient, the Environmental Review Entity provides the Recipient with written notice that the environmental review process is complete.

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(c) If the Recipient is using procedures for early acquisition of real property under 23 C.F.R. 710.501 or hardship and protective acquisitions of real property 23 C.F.R. 710.503, the Recipient shall comply with 23 C.F.R. 771.113(d)(1). (d) The Recipient acknowledges that:
(1) the Environmental Review Entity’s actions under section 27.3(a) depend on the Recipient conducting necessary environmental analyses and submitting necessary documents to the Environmental Review Entity; and
(2) applicable environmental statutes and regulation may require the Recipient to prepare and submit documents to other Federal, State, and local agencies. (e) Consistent with 23 C.F.R. 771.105(a), to the extent practicable and consistent with Federal law, the Recipient shall coordinate all environmental investigations, reviews, and consultations as a single process.
(f) The activities described in this agreement may inform environmental decision-making processes, but the parties do not intend this agreement to document the alternatives under consideration under those processes. If a build alternative is selected that does not align information in this agreement, then:
(1) the parties may amend this agreement under section 21.1 for consistency with the selected build alternative; or
(2) if the USDOT determines that the condition at section 16.1(a)(5) is satisfied, the USDOT may terminate this agreement under section 16.1(a)(5). (g) The Recipient shall complete any mitigation activities described in the environmental document or documents for the Project, including the terms and conditions contained in the required permits and authorizations for the Project.

27.4 Railroad Coordination. If the agreement includes one or more milestones identified as a “Railroad Coordination Agreement,” then for each of those milestones, the Recipient shall enter a standard written railroad coordination agreement, consistent with 23 C.F.R. 646.216(d), no later than the deadline date identified for that milestone, with the identified railroad for work and operation within that railroad’s right-of-way.

27.5 Relocation and Real Property Acquisition.
(a) The Recipient shall comply with the land acquisition policies in 49 C.F.R. part 24 subpart B and shall pay or reimburse property owners for necessary expenses as specified in that subpart.
(b) The Recipient shall provide a relocation assistance program offering the services described in 49 C.F.R. part 24 subpart C and shall provide reasonable relocation payments and assistance to displaced persons as required in 49 C.F.R. part 24 subparts D–E.

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(c) The Recipient shall make available to displaced persons, within a reasonable period of time prior to displacement, comparable replacement dwellings in accordance with 49 C.F.R. part 24 subpart E.

27.6 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a subrecipient acquires equipment under this award, then when that equipment is no longer needed for the Project that entity shall request disposition instructions from the FHWA. (b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the disposition of equipment must be made in accordance with 2 C.F.R. 200.313–200.316 and 2 C.F.R. 1201.313.
(c) The Recipient shall ensure compliance with this section (27.6) for all tiers of subawards under this award.

ARTICLE 28

MANDATORY AWARD INFORMATION

28.1 Information Contained in a Federal Award. For 2 C.F.R. 200.211:
(1) the “Federal Award Date” is the date of this agreement, as defined under section

30.2;
(2) the “Assistance Listings Number” is 20.939 and the “Assistance Listings Title” is “Safe Streets and Roads for All Grant Program”; and
(3) this award is not for research and development.

ARTICLE 29

CONSTRUCTION AND DEFINITIONS

29.1 Attachments. This agreement includes the following attachments as integral parts unless Attachments F is not required for certain SS4A Grants:

Attachment A Performance Measurement Information
Attachment B Changes from Application
Attachment C Racial Equity and Barriers to Opportunity
Attachment D Climate Change and Environmental Justice Impacts Attachment E Labor and Workforce
Attachment F Critical Infrastructure Security and Resilience

29.2 Exhibits. The following exhibits, which are in the document titled “Exhibits to FHWA Grant Agreements Under the Fiscal Year 2023 SS4A Grant Program”, dated January 4,

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2024, and available at https://www.transportation.gov/grants/ss4a/grant-agreements, are part of this agreement.

Exhibit A Applicable Federal Laws and Regulations
Exhibit B Additional Standard Terms
Exhibit C Quarterly Performance Progress Reports: Format and Content Exhibit D Form for Subsequent Obligation of Funds

29.3 Construction. If a provision in the exhibits or the attachments conflicts with a provision in articles 1–30, then the provision in articles 1–30 prevails. If a provision in the attachments conflicts with a provision in the exhibits, then the provision in the attachments prevails.

29.4 Integration. This agreement constitutes the entire agreement of the parties relating to the SS4A grant program and awards under that program and supersedes any previous agreements, oral or written, relating to the SS4A grant program and awards under that program.

29.5 Definitions. In this agreement, the following definitions apply:
“Program Statute” means the BIL section 24112 and statutory text under the heading “Safe Streets and Roads for All Grants” in title I of division J of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (November 15, 2021), and all other provisions of that act that apply to amounts appropriated under that heading. “Project” means the project proposed in the Grant Application, as modified by the negotiated provisions of this agreement.
“SS4A Grant” means an award of funds that were made available under the SS4A NOFO.
“Grant Application” means the application identified in section 2.1, including Standard Form 424 and all information and attachments submitted with that form through Grants.gov.

ARTICLE 30

AGREEMENT EXECUTION AND EFFECTIVE DATE

30.1 Counterparts. This agreement may be executed in counterparts, which constitute one document. The parties intend each countersigned original to have identical legal effect.

30.2 Effective Date. The agreement will become effective when all parties have signed it. The effective date of this agreement will be the date this agreement is signed by the last party to sign it. This instrument constitutes a SS4A Grant when the USDOT’s authorized representative signs it.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Apr 08 2025
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Karama Roberson, Human Resources Analyst;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Job Description Revision and Title Change from Police Reserve Officer- Level I to Police Reserve Officer- Level I/II RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Job Description Revision and Title Change from Police Reserve Officer- Level I to Police Reserve Officer- Level I/II.

BACKGROUND:

Periodically, job descriptions are reviewed to ensure that the requirements and responsibilities of classifications are up-to-date, relevant, and representative of the classification's assignment. In an effort to improve organizational effectiveness, the Human Resources Division recommends revisions to the Police Reserve Officer - Level I classification to more accurately reflect the operational needs of the Police Department. The revisions include the following:
 Classification title change from Police Reserve Officer - Level I to Police Reserve Officer- Level I/II.
 The addition of Police Reserve Officer- Level II.
 The addition of the Education and Experience requirement for Police Reserve Officer - Level II ANALYSIS:

The Hemet Police Department is seeking this additional level of staffing to enhance operational flexibility and efficiency. Under the supervision of full-time officers, the Level II Reserve Officers have the authority to perform general law enforcement duties, including patrol functions, investigative assistance, and specialized assignments. The proposed revision aligns with the evolving needs of

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the department by increasing available personnel trained to handle critical tasks, reducing response times, and improving overall service delivery for the community.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

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

Objective 2: Increase transparency for the public.

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

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

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

Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

The classification revision has no direct fiscal impact. The associated training and equipment costs are minimal and would be negligible within the existing approved budget.

ATTACHMENT(S):

Job Description - 7109 Police Reserve Officer I-II_Redlined Resolution Police Reserve Officer Level I II 2025

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CITY OF HEMET
Class Code: 7109 Date Adopted: 02/08/1994

POLICE RESERVE OFFICER – LEVEL I/II
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
Under supervision, patrols with a regular police officer in an assigned area in the City. Receives special assignments in related police work. Must attend scheduled training meetings once a month; required to work a minimum of 20 hours per month; and must attend and pass quarterly firearms qualification.

ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills, abilities, and other characteristics:
• Assists in patrolling, either in a vehicle or on foot, an assigned area during an assigned shift and looks for indicators of possible criminal activity or threats to live and property; enforces City, county, and state laws; makes field contacts and completes forms; may conduct both preliminary and follow-up investigations of disturbances, prowlers, burglaries, thefts, robberies, vehicle accidents, suspected homicides, and other criminal incidents.
• Assists patrol officers in making arrests; serving warrants; interviewing victims, complainants, and witnesses; fingerprints and transports prisoners; and testifies in court. • Writes reports and field notes; participates in training meetings; attends and participates in quarterly firearms qualifications.
• Assists patrol officers in making traffic stops and with the issuance of warnings, citations, or arrests, as necessary; checks vehicles and observes vehicle occupants; investigates scenes of vehicle accidents; directs traffic; interviews drivers and witnesses and prepares reports; directs traffic at fire, special events, and other emergency or congested situations.
• May participate in or be assigned to special programs such as crime prevention and investigations.
• Establishes and maintains good relationships with the general public.

ENVIRONMENTAL AND PHYSICAL WORKING CONDITIONS
This position requires the ability to perform the essential job functions associated with a law enforcement officer; perform tasks requiring a full range of body motion ( i. g, , lift, bend, reach, climb, walk, run, jump) ; visually distinguish red, amber, and green as part of normal color vision; hear horns, warning devices, radio transmissions, and frequency changes in the normal audio range; work in adverse weather conditions; deal with sometimes violent and combative

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suspects; maintain balance while chasing a suspect over uneven and changing surfaces; coordinate arm and leg movements while driving a patrol car in a high speed pursuit; use a keyboard; coordinate visual and muscular dexterity to operate equipment.

QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities:

Ability to read, understand, and apply laws, regulations, policies rules and procedures; think clearly and act effectively in emergency situations; make clear and concise radio transmissions; observe and recall names, faces and details of incidents; write clear, concise, and accurate reports; understand and follow verbal and written directions; communicate effectively both orally and in writing; establish and maintain cooperative working relationships.

Education and Experience:

Level I
Must have successfully completed a POST-approved Basic Police Recruit or Level I Reserve Academy. High School graduate or equivalent (GED) Level II
Must have successfully completed a POST-approved Basic Police Recruit or Level II Reserve Academy. High School graduate or equivalent (GED).

Certification/License and/or Other Special Requirements:

Possession of or ability to obtain a valid Class C California driver's license prior to appointment, and a satisfactory driving record. Candidates must be 21 years of age by date of appointment and have U.S. Citizen or permanent resident alien status; and must not possess any felony convictions. Candidates must meet standards of physical stature endurance, and agility established by the City. Vision correctable to 20/20 in one eye, 20/30 in other eye, uncorrected not greater than 20/100; normal color vision; and normal hearing.

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CITY OF HEMET RESOLUTION NO. 2025-065 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-065

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 JOB DESCRIPTION REVISION

AND TITLE CHANGE FROM POLICE RESERVE
OFFICER- LEVEL I TO POLICE RESERVE OFFICERLEVEL I/II
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Police Reserve Officer – Level I classification was first adopted in February of 1994; and
WHEREAS, the Police Reserve Officer – Level 1 was established with only a Level I classification; and
WHEREAS, the operational needs of the Hemet Police department have evolved over time; and
WHEREAS, the addition of a Police Reserve Officer – Level II would enhance operational flexibility and efficiency as this classification has the authority to perform general law enforcement duties, including patrol functions, investigative assistance, and specialized assignments; and
WHEREAS, this revision aligns with the evolving needs of the department by increasing available personnel trained to handle critical tasks, reducing response times, and improving overall service delivery; and

16.D.

CITY OF HEMET RESOLUTION NO. 2025-065 2
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WHEREAS, the revisions to the Police Reserve Officer job description include creating Police Reserve Officer - Level II and including education and experience requirements; and
WHEREAS, there is no fiscal impact.

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

SECTION 1. APPROVAL – The revised job description and title from Police Reserve Officer – Level I to Police Reserve Officer - Level I/II.

SECTION 2. EFFECTIVE DATE - This Resolution shall become effective on the date of approval of this Resolution, April 8, 2025.

PASSED, APPROVED AND ADOPTED this 8th day of April, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

16.D.

CITY OF HEMET RESOLUTION NO. 2025-065 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 8th day of APRIL, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

16.D.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Apr 08 2025
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Administrative Services Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Agreement With California Baptist University and Authorizing the City Manager to Execute All Necessary Documents Related to the Agreement
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Agreement With California Baptist University and Authorizing the City Manager to Execute All Necessary Documents Related to the Agreement.

BACKGROUND:

California Baptist University (CBU) partners with several local agencies to offer reduced tuition rates for government employees. CBU is an engaged and trusted partner in Riverside County and offers this program to open up opportunities for working adults who want to expand their knowledge, skills, and career paths.

ANALYSIS:

CBU shall waive application fees and offer City employees the following tuition discounts:

1. Traditional Undergraduate On-Campus Programs: All students enrolled in a traditional oncampus undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount.

2. Fully Asynchronous Online Undergraduate Degree Programs: All students enrolled in a fully online asynchronous format undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount.

16.E.

3. Graduate Programs: All students enrolled in a graduate program (including graduate or doctoral degree) delivered on-campus or online format shall be eligible to receive a twenty percent (20%) tuition discount.

The tuition discount applies only to tuition, and no other fees (other than the application fee) will be discounted. The tuition discounts apply provided that student accounts remain current. The discounts may not be applied to the University's RN to BSN, MS in Physician Assistant Studies, MS in Speech Language Pathology, or Doctor of Psychology programs, or be combined with other discount offers or other institutional aid.

DISCUSSION:

The City is committed to investing in employees and promoting future growth which will enhance employee retention. One City employee recently graduated from CBU, and two employees are currently registered in programs at CBU. The discounted tuition allows these employees to take advantage of this partnership, help alleviate the burden of student loan debt, and open up their career path.

STRATEGIC PLAN INTEGRATION:

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

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

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

Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

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.

ATTACHMENT(S):

Attachment 1: Resolution CBU
Attachment 2: California Baptist University Preferred Partnership - MOU City of Hemet_encrypted_

16.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE

AGREEMENT WITH CALIFORNIA BAPTIST UNIVERSITY

AND AUTHORIZING THE CITY MANAGER TO EXECUTE

ALL NECESSARY DOCUMENTS RELATED TO THE

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

WHEREAS, California Baptist University (CBU) partners with several local agencies to offer reduced tuition rates for government employees. CBU is an engaged and trusted partner in Riverside County and offers this program to open up opportunities for working adults who want to expand their knowledge, skills, and career paths; and WHEREAS, CBU shall waive application fees and offer City employees the following tuition discounts:

1. Traditional Undergraduate On-Campus Programs: All students enrolled in a traditional on-campus undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount.

2. Fully Asynchronous Online Undergraduate Degree Programs: All students enrolled in a fully online asynchronous format undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount.

16.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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3. Graduate Programs: All students enrolled in a graduate program (including graduate or doctoral degree) delivered on-campus or online format shall be eligible to receive a twenty percent (20%) tuition discount.

WHEREAS, the City is committed to investing in employees and promoting future growth which will enhance employee retention. One City employee recently graduated from CBU, and two employees are currently registered in programs at CBU. The discounted tuition allows these employees to take advantage of this partnership, help alleviate the burden of student loan debt, and open up their career path.

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

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

SECTION 2. ORDERS – The City Council hereby approves the agreement with California Baptist University and authorizes the City Manager to execute all necessary documents related to the agreement.

SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on April 8, 2025.

16.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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16.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED AND ADOPTED this 8th day of April, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

16.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of April, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

16.E.

1 MEMORANDUM OF UNDERSTANDING
This AGREEMENT (hereinafter “Agreement”) is entered into the Eighteenth (18th) day of March 2025 by and between California Baptist University (hereinafter “University” or “CBU”) and City of Hemet (“City”). CBU and City may be referred to individually as “Party” or collectively as “Parties.” The purpose of this Agreement is to define how CBU will offer its courses at a reduced tuition rate to City employees and how City will provide opportunities to CBU to promote and recruit their employees subject to the terms and conditions of this Agreement.

The Parties Mutually Agree:

A. This Agreement is effective as of March 18, 2025, and shall terminate three (3) years from that date, unless previously terminated by either Party. The Parties may renew this Agreement upon mutual consent. Any extension of the term of this Agreement shall be in writing and signed by both Parties.

B. Either Party may terminate this Agreement, with or without cause at any time, by giving the other Party thirty (30) days’ written notice.

C. Subject to the terms of this MOU, CBU shall waive application fees and offer City employees the following tuition discounts:

1. Traditional Undergraduate On-Campus Programs. All students enrolled in a traditional on-campus undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount;

2. Fully Asynchronous Online Undergraduate Degree Programs. All students enrolled in a fully online asynchronous format undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount; and

3. Graduate Programs. All students enrolled in a graduate program (including graduate or doctoral degree) delivered on-campus or online format shall be eligible to receive a twenty percent (20%) tuition discount.

The tuition discount applies only to tuition, and no other fees (other than the application fee) will be discounted. The tuition discounts apply provided that student accounts remain current. The discounts may not be applied to the University's RN to BSN, MS in Physician Assistant Studies, MS in Speech Language Pathology or Doctor of Psychology programs or be combined with other discount offers or other institutional aid.

D. The tuition discounts described herein shall remain in place for students in good standing who maintain continuous enrollment, regardless of their employment status with City or the dissolution of the partnership between CBU and City. Employees currently or previously enrolled at CBU may not seek retroactive discounts or scholarships for tuition or fees paid prior to verification of their eligibility.

16.E.

2 City employees who complete one degree at CBU and wish to pursue another must be reverified by City as an eligible employee.

E. Students wishing to enroll at CBU will be required to apply for admission and be accepted in accordance with the CBU’s existing admission requirements and processes. It is the sole responsibility of the City employee to notify CBU of their intent to request the application fee waiver and scholarship. Failure to do so before the last day to add a class will result in ineligibility.

F. CBU reserves the right to modify programs, price, offerings or curriculum at any time.

G. Employees of City may apply for Federal student loans the same as other students attending classes at CBU.

H. City will incur no financial obligation to CBU other than those it may voluntarily assume in connection with tuition reimbursement directly to the student(s). Students will otherwise be personally responsible to CBU for payment of fees and tuition.

I. Policies stated in the University Catalog and Student Handbook shall apply to City employees.

J. CBU shall defend, indemnify and hold City, its officers, agents and employees harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of CBU, its officers, agents or employees.

K. City shall defend, indemnify and hold CBU, its officers, employees and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of City, its officers, agents or employees.

L. City shall provide opportunities for the University to market this tuition discount and related program offerings to their employees via emails, posters, brochures, information sessions, staff meetings, and other opportunities deemed appropriate. City is not responsible for guaranteeing that a certain number of employees avail themselves of this opportunity.

M. Miscellaneous Provisions

1. Authority. The undersigned individuals hereby represent that they are authorized to execute this Agreement on behalf of their respective organizations, and each party represents that this Agreement constitutes a legal and binding obligation of the Parties.

2. Severability. It is agreed that if any provision of this Agreement shall be determined to be void by a court of competent jurisdiction, then so long as such determination shall not affect any other material provisions of this Agreement and continue to allow this Agreement to

16.E.

3 be performed in the reasonable expectations of both Parties, then this Agreement and all such other provisions shall remain in full force and effect.

3. Notices. Any notice required or permitted to be provided under this Agreement shall be in writing and shall be deemed to have been duly given if mailed via first class mail, or by a reputable overnight delivery service, or by personal delivery, and directed to the address of such Party set forth below:

CITY OF HEMET CONTACT
INFORMATION:

CBU CONTACT INFORMATION:

City of Hemet
445 E. Florida Avenue
Hemet, CA 92543
Attn: Gabrielle Davis
Human Resources Analyst
Tel: (951) 765-2315
Email: [email protected]
California Baptist University
8432 Magnolia Ave.

Riverside, CA 92504
Attn: Ron Hawkins
Director of Business and Educational
Partnerships
Enrollment Services
Tel: (951) 343-5230
Email: [email protected]

4. Complete Agreement. This Agreement represents the Parties’ final and complete agreement, and this Agreement shall supersede all other understandings, discussion and/or agreements between the Parties with regard to the subject matter in the Agreement.

5. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California and in effect at the time of the execution of this Agreement.

6. Counterparts. The Parties agree that separate copies of this Agreement be signed by each of the Parties to the Agreement and these copies will have the same force and effect as if the original had been signed by all Parties.

END – SIGNATURE PAGE FOLLOWS

16.E.

4 IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date.

CITY OF HEMET CALIFORNIA BAPTIST UNIVERSITY
By__________________________________ By______________________________________ Mark Prestwhich
City Manager
Mark Howe
Senior Vice President for Finance and
00Administration
1/ 2023

16.E.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Apr 08 2025
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:

Consideration of Accepting a Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Select from the following options:

1. Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

2. Do not approve the Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

3. Provide an Alternative Direction to the City Manager.

BACKGROUND:

On October 22, 2024, the City Council approved Parcel Map No. 36566, along with the Subdivision Improvement Agreement (“Agreement”), and accepted the Performance and Material Bond, and the Labor Bond (“Bonds”). The Agreement was executed by Frontier California, Inc. (“Developer”) who secured the Bonds necessary to ensure the public improvements associated with Parcel Map No. 36566 would be completed.

The Developer is currently in the process of selling Parcel 2 of Parcel Map 36566 to the Simon Chu and Kiki Chu Family Trust 2006 (“New Developer”). As the new owner, the public improvements become the responsibility of the New Developer, and the City requires a subdivision improvement agreement and associated bonds from this new entity responsible for the improvements.

17.A.

ANALYSIS:

Parcel Map No. 36566 subdivided an existing parcel into two parcels, in which one parcel now includes the existing Frontier building, and the other parcel includes the existing vacant building.

The City Attorney has reviewed and approved the Subdivision Improvement Agreement and the Bonds as to form. Staff recommends that the City Council make a decision whether to replace the Subdivision Improvement Agreement and improvement bonds.

DISCUSSION:

Approval of the replacement Subdivision Improvement Agreement and associated bonds with the future owner of Parcel 2 of Parcel Map 36566 will ensure that the agreements and security for public improvements are current and with the correct entity responsible for making improvements.

PREVIOUS COUNCIL ACTION:

On October 22, 2024, the Council approved Parcel Map 36566, a subdivision improvement agreement, and accepted bonds from the Developer.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

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

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There are no fiscal impacts to the General Fund.

ALTERNATIVE(S):

1. Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

17.A.

2. Do not Approve the Replacement Subdivision Improvement Agreement and Improvement Security for Parcel Map No. 36566, located North of Kimball Avenue, West of Buena Vista Street, and East of Juanita Street.

3. Provide Alternative Direction to the City Manager.

ATTACHMENT(S):

Attachment 1 - Resolution
Attachment 2 - Assignment and Assumption of SIA - Draft Attachment 3 - Improvement Bonds
Attachment 4 - FPM 36566

17.A.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING A

REPLACEMENT SUBDIVISION IMPROVEMENT

AGREEMENT AND IMPROVEMENT SECURITY FOR
PARCEL MAP NO. 36566, LOCATED NORTH OF

KIMBALL AVENUE, WEST OF BUENA VISTA STREET,

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

WHEREAS, Parcel Map No. 36566 was approved by City Council on October 22, 2024, and was prepared by Frontier California, Inc.; and WHEREAS, Frontier California, Inc. entered into a Subdivision Improvement Agreement and provided bonds for public improvements associated with Parcel Map No. 36566; and
WHEREAS, the Simon Chu and Kiki Chu Family Trust 2006 is in the process of buying Parcel 2 of Parcel Map 36566, and as the new owner, would now be required to complete the outstanding public improvements; and
WHEREAS, to meet and continue the requirements established as a prerequisite to final approval of Parcel Map No. 36566, the Simon Chu and Kiki Chu Family Trust 2006 agreed to enter into a Subdivision Improvement Agreement superseding and replacing the Subdivision Improvement Agreement known as Riverside County

17.A.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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Recorder’s Document 2024-0365536, together with sufficient security, in conformance with the City Attorney’s approval format, for approval and execution by the City; WHEREAS, the Subdivision Improvement Agreement and the sufficient security have been accepted by the City.

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

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

SECTION 2. APPROVAL – The replacement subdivision improvement agreement for Parcel Map No. 36566 is approved and the City Manager is authorized to execute the agreement and the City Clerk is authorized to attest thereto. Said improvement security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. Pursuant to Government Code section 66458, Parcel Map No. 36566 was previously approved, and City accepted the real property described therein.

SECTION 3. EFFECTIVE DATE - This Resolution shall become effective upon adoption.

17.A.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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17.A.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED AND ADOPTED this 8th day of April, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.A.

CITY OF HEMET RESOLUTION NO. 2025-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of April, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.A.

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ASSIGNMENT AND ASSUMPTION AGREEMENT AND

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT (“Assignment & Assumption”) is made and entered into as of the day of , 2025 (“Effective Date of Assignment & Assumption”), by and among the CITY OF HEMET, a municipal corporation of the State of California (“City”), Frontier California, Inc., a California Corporation (“Assignor”), and The Simon Chu and Kiki Chu 2006 Family Trust (“Assignee”).

RECITALS
A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated _____, 2024 (“SIA”), pursuant to which Assignor, as the “Subdivider” defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 36566 (“Tract”), as more fully described in SIA and its exhibits (“Improvements”).

B. Assignor desires to sell or otherwise transfer its interest in the Tract to Assignee.

In conjunction with such sale/transfer, Assignor desires to assign the SIA, and all of Assignor’s rights, duties and obligations thereunder, to Assignee, and Assignee desires to assume Assignor’s position, rights duties and obligations, with respect to the SIA and all of Assignor’s rights and obligations under the SIA subject to the terms of this Assignment & Assumption.

C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Assumption by all the parties hereto.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, where are hereby incorporated, and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor’s rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA.

City hereby consents to the foregoing assignment and assumption.

2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished to the City adequate and acceptable security for the Improvements, including but not limited to security for payment, performance, monumentation and others (collectively “Improvement Security.”) Assignee hereby warrants that within five (5) days of the Effective Date of Assignment & Assumption, it shall replace Assignor’s Improvement Security with security of its own in accordance with the terms and conditions of the SIA, which shall not be less than the “Improvement Security”, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee’s security shall be in full compliance with the terms and conditions stated in the SIA for such Improvement Security. The City agrees that

17.A.

-3-
upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release the Assignor’s Improvement Security.

3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee’s representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of this Assignment & Assumption. In the event that the Assignee fails to perform any of its obligations and duties in the manner and time frame provided for in the SIA or under this Assignment & Assumption, and the City incurs any costs in pursuing the Improvement Security, or if the Improvement Security is unavailable or insufficient to complete the Improvements, then upon the exhaustion (or unavailability) of Assignee’s Improvement Security, Assignee shall, at its sole expense, indemnify, hold harmless and reimburse the City in accordance with Section 14 of the SIA for any and all costs incurred by the City in connection with completing the Improvements and enforcing or attempting to enforce the obligations of Assignee being assumed under this Assignment & Assumption.

4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Assumption in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. [THIS SPACE INTENTIONALLY LEFT
BLANK]
Signatures Begin On Following Page

17.A.

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IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Assumption on day of , 2025.

CITY OF HEMET
MAYOR
By: _______________________________
ATTEST:

CITY CLERK
By: _______________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: _______________________________
ASSIGNOR: FRONTIER CALIFORNIA, INC.

Its: Date
[SIGNATURES CONTINUED ON NEXT PAGE]

17.A.

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ASSIGNEE:

THE SIMON CHU AND KIKI CHU
2006 FAMILY TRUST
By: _____________________________ Date: ______________
Name: Simon Chu
Title: Trustee
By: _____________________________ Date: ______________
Name: Kiki Chu
Title: Trustee

17.A.

"WHAT“! an
BOND NO. 4480922
INITIAL PREMIUM: $6,040.00

SUBJECT TO RENEWAL

CITY OF HEMET
PARCEL MAP NO. 36566 IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet, California (“City”) and Simon Chu and Kiki Chu Family Trust 2006 (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentalsfor all grading, roads, paving, curbs and gutters, pathways, storm drains, water system, sanitary sewers, utilities, drainage facilities, traf?c controls, landscaping, street lights, and all other required facilities for Parcel Map No. 36566 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated :22 /;LoLf'
(“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and suf?cient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW; THEREFORE, Principal and MarkeI Insurance Companv (“Surety”), a corporation organized and existing under the laws of the State of California, and duly authorized to transact surety business under the laws of the State of California, are held and ?rmly bound unto City in the sum of Two Hundred Seventy Six Thousand Nine Hundred Eighty Nine Dollars and 40/100 cents, ($276,989.40), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, ?rmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein speci?ed and in all respects according to their intent and meaning, and to indemnify and save harmless City, its of?cers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

RIV #4830-8901-9593 vl SUBDIVISIONIMPROVEMENT AGREEMEN

17.A.

(Pg‘IM/W/ CW
As part of the obligation secured hereby, and in addition to the face amount speci?ed therefor, thereshall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, pro?les, and speci?cations related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and ?led to comply with Section 66499 e_ts_eq.of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto af?xed, and the corporate seal and the name of the Surety is hereto af?xed and attested by its duly authorized Attorney-in-Fact at Orange, CA , this 5th day of February 2025 Simon Chu and KikiChu FamilvTrust 2006 Markel Insurance Companv Principal Surety
By By:
ts: Managing Member Attorney-In-F act
Shaunna Rozelle Ostrom, Attorney-in-Fact
name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

RIV #4830-8901-9593 v1 SUBDIVISIONIMPROVEMENTAGREEMEN

17.A.

Anota public othe oiiicer completing is certiil veri?es docum (town this ertiiicateisattache endnot mthfuin
who proved to me on the basis of satisfactory evidence to erson ne w
scribed to the within instrument and ecknow ad to me er/their (hm he/t ey em authorized capacityii end that b r/their signetur he entity upon behalf of whic theperson ed, executed nstru instrument person
l certify under P JURY
tru
JAMESL MUNSONII WI % comI 2471249 3 N.onmuwccmronuuU)
Fin/Elan;Comm ' mom.in Nov‘12,2027“ Signature
CALIFORNIAALL-PURPOS AGKNOWI. DGMENT CIVILCODE § 1189
ry or r th cate only the identityof the individualwho signed the en ich c d, that ass, accuracy,or validityofthat document.

State of la )
County )
On before me,
Date Name and Title of the Of?cer
personally appeared
Name(s) of Signer(s)
be whose
executed
on the the’
the ment.

PENALTYOF under the laws
of the State of Californiathat foregoing paragraph
is correct.
my hand seal.
of Notary Public
Place Notary Seal Above
OPTIONAL —\
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this to an unintended document.

Description of Attached
Title or Type of
Document Date: Number of Pages: Signer(s) Other Than Above:

Capacity(ies) Claimed by Signer(s) Signer’s Name: Signer's Name:

Corporate Officer — Title(s): Corporate Of?cer — Title(s): Partner — Limited General Partner — Limited General Individual Attorney in Fact individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer ls Representing: Signer ls Representing:
@2015 NationalNotaryAssociation- www.NationalNotary.org' 1-800-USNOTARY(1-800—876-6827)Item#5907 6C

17.A.

Melissa Ann Vaccaro Notary Public
240194
|9Camo
2026
Melissa Ann Vaccam

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

State of California
County of Orange l
On 02/05/2025 before me,
(insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal MELISSAANNVACCARO
COMM.# 2
Notary Publ mia

ORANGECOUNTY
Comm.ExpiresMay12.

FRSZI FRS3 Signature (Seal)

17.A.

esmem
Bren Assislim
Bond No. 4480922
p0A# 510023
KNOWALLMEN BYTHESEPRESENTS:That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the ”Company”), a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:

Arturo Ayala, Daniel Huckabay, Dwight Reilly,Shaunna RozelleOstrom, Frank Morones, Michael D.Stong, Ben Stong, R.Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)—in—fact,each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orlointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

Fifteen Millionand 00/100 Dollars ($15.000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
”RESOLVED,That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
INWITNESSWHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20m day of August , 2024 .

SureTec Insurance Company Markel
By: By:

Michael C Keimig,
State of Texas County of Harris:

On this 20m day of August , 2024 A. D., before me, a Notary Public of the State of Texas, in and for the Countyof Harris, duly commissioned and qualified, came THEABOVE OFFICERS OF THECOMPANIES,to me personally known to be the individualsand officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.

INTESTIMONYWHEREOF, I have hereunto set my hand, and affixed my the day and year first above written.

BY
Chelsea Turner, Notary Public
My commission expires 7/6/2028
We, the undersigned Officers of SureTec Insurance Company and Markel I that the original POWEROF ATTORNEYof which the foregoing is a full, true and correct copy is still in full force and effect and has IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 5th day 0 2025 SureTec Insurance Company Markel Insurance Company
Beaty, Secretary Marquis,

JOINT LIMITEDPOWER OF ATTORNE
Y
SEAL
President
Any Instrument Issued in excess ofthe penalty stated above is totally void and without any validity 510023 For veri?cation ofthe authority ufthis Power you may call (713)812~0800 on any business day between 8:30 AM and 5:00 PM CST.

17.A.

muo—
performed
emenl Ag
more particularly
0 1,532ggLIBOND NO. 4480922
INITIAL PREMIUM: Included in Performance Bond

SUBJECT TO RENEWAL

CITY OF HEMET
PARCEL MAP 36566 IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Hemet California (“City”) and Simon Chu and Kiki Chu Family Trust 2006 (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment,services, and incidentalsfor all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traf?c controls, landscaping, street lights, and all other required facilities for Parcel Map No. 36566 (“Public Improvements”);
WHEREAS, the Public Improvements to be by Principal are set forth in that certain Subdivision Improv reement dated (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and Markel Insurance Companv (“suretY”): 3- corporation organized and existing under the laws of the State of California, and duly authorized to transact business under the laws of the State of California, are held and ?rmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporationsrenting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of Two Hundred Seventy Six Thousand Nine Hundred Eighty Nine Dollars and 40/100 cents, ($276,989.40), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, ?rmly by these presents.

SUBDIVISIONIMPROVEMENTAGREEMENT

17.A.

Simon Chu and KikiChu Family Trusx 2006
xzwxwiw
Markel Insurance Company
W LHu
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum speci?ed herein.

As part of the obligation secured hereby, and in addition to the face amount speci?ed therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

This bond is executed and ?led to comply with Section 66499 e_tLeq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the bene?t of any and all persons, companies, and corporations entitled to ?le claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, pro?les, and speci?cations related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto af?xed, and the corporate seal and the name of the Surety is hereto af?xed and attested by its duly authorized Attorney-in-Fact at Oranae. CA ,this 5th day of February 2025 Principal Surety
By: By
Its: Managing Member act
Shaunna Rozelle Ostrom, Attorney-in-Fact
(print name) (print name)

SUBDIVISIONIMPROVEMENTAGREEMEN

17.A.

NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.

SUBDIVISIONIMPROVEMENT AGREEMEN

17.A.

WSWwhose name IS/ a
cribad to the within instrumeat and ackno?dged to me th he/ ey executed t same in er/their authorized capacityje‘a ,and that b eI/thsir signatur?axf instrument the parse or the entity upon behali of which thepersc s) a ed executed stiumant I certify under PEFiJ RY
he oregaing
and
w' COMM. # 24711249 new" munCAliFDRIM in
M cmun ?‘ozcawn‘
I am umicvI2.2927
11111,, ”$3121 Mao/1V«MM/w;—é
Named
CAL FOR A ALL-PURPOS ACKNOWL DGM NT CIVILCODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to whichthis certificate is attached, and not the truthfulness,accuracy, or validityofthat document.

State of la
County
On before
Date Insert Name and Title of the Officer
personally appeared 5‘
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be on the
the
PENALTYOF under the laws
of the State of Californiathat paragraph
is true correct.
hand and seal MUNSON
Signature
of Notary Public
Place Notary Seal Above

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

Description of Attached
Title or Type of
Document Date: Number of Pages:

Signer(s) Other Than Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

Corporate Officer — Title(s): Corporate Officer — Title(s):

Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer ls Representing: Signer ls Representing:
@201 5 NationalNotary Association- www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907

JAMESL,

17.A.

Melissa Ann Vaccaro Notary Public
An

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

State of California
County of Orange \
On 02/05/2025 before me,
(insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. MELISSAANNVACCARO
comm.#2401942
Notary Public-California

ORANGECOUNTY
Comm.Etpires May12,
FRS3
Signature (Seal)
ssa accaro

17.A.

”Illul‘um‘“ imam
, February
, awn Asslsum
Bond No. 4480922
KNOWALLMEN BYTHESEPRESENTS:That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the lawsof the state of Illinois,and having its principal administrative office in Glen Allen,Virginia, does by these presents make, constitute and appoint:

Their true and lawful agent(s) and attorney(s)-in—fact, each in their separate capacity ifmore than one is named above, to make, execute, seal and deliverfor and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

Fifteen Millionand 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
“RESOLVED,That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use offacsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto."
INWITNESSWHEREOF,MarkelInsurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of August , 2024 .

SureTec Insurance Company Markel
Michael C Keimig, Jenni President
State of Texas County of Harris:

On this 20m day of August , 2024 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THEABOVE OFFICERSOF THE COMPANIES, to me personally known to be the individualsand officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force.

INTESTIMONYWHEREOF, I have hereunto set my hand, and affixed my the day and year first above written Turner, Notary Public
We, the undersigned Officers of SureTec Insurance Company and Markel IN WITNESS WHEREOF,we have hereunto set our hands, and affixed the Seals of said Companies, on the 5th day 0 2025 Markel Insurance Company
Beaty, Secretary rew Marquis,
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity 510023 For veri?cation of the authority ofthis Power you may call (713)812»0800 on any business day between 8:30 AM and 5:00 PM CST.

POA# 510023

JOINT LIMITEDPOWER OF ATTORNEY
Arturo Ayala, Daniel Huckabay, Dwight Reilly,Shaunna RozelleOstrom, Frank Morones, Michael D.Stong, Ben Stong, R.Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell SEAL
My commission ex ires 7/6/2028 0F ‘
p
that the original POWER OF A'ITORNEYof which the
foregoing Is a full, true and correct copy is still in full force and effect and has ’urnnn“
SureTec Insurance Company

17.A.

Simon Chu and KikiChu Family Trust 2006,
a I‘CCS
cif .

Bond No. 4480923
Premium: $250.00

SURVEY OF MONUMENTS
Map No. 36566
(California Government Code §§ 66499 and 66499.1)
WHEREAS, the City Council of the City of Hemet, a municipal corporation and political subdivision of the State of California ("City") and
("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal to install and complete certain designated improvements, which said agreement, dated and identi?ed as Subdivision Improvement Agreement (“Agreement”), is hereby incorporated by this reference as though set forth at length, and have agreed pursuant to Section 66499 of the Government Code to execute this bond to secure the performance of the following obligation: Principal hereby agrees to install survey monuments in accordance with any terms and conditions set forth in the Agreement, permit and the requirements and speci?cations of all applicable laws and ordinances.

WHEREAS, we, the Principal and Markel Insurance Company as surety (“Surety”), are held and ?rmly bound unto the City, in the penal sum of Seven Thousand Five Hundred and 00/1 Dollars ($7500.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, ?rmly by these presents.

WHEREAS, should Principal fail to install survey monuments in accordance with any terms and conditions set forth in the Agreement, permit and the requirements and speci?cations of all applicable laws and ordinances and/or should Principal fail to complete said installation of survey monuments within the time period prescribed therein or otherwise provided by any lawful extension of time granted by the City Council, the City may, at its option, cause all required work to be done in the manner required herein, and the parties executing this bond shall be ?rmly bound for the payment of all necessary costs therefore.

NOW, THEREFORE, we, the Principal and Surety, are held and ?rmly bound unto the City, in the penal sum of $7,500.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, ?rmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the foregoing work, on his or their part, to be kept and performed at

SUBDIVISIONIMPROVEMENT AGREEMENT

17.A.

ny—??wmu @m
m-I—I—m
---_I_'L'ia=.‘H-dhr?h.i1rhidh w,amn
‘ —'I'IF
M .‘l III-'- III-HI.

Et' ---
—I—I--lf—l'—-- -I—'--l -|__|_|-|.|.
.—.
”MEI-fl“
the time and in the manner speci?ed above, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its of?cers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise itshall be and remain in full force and effect, at least until the time City accepts the work required to be performed by Principal under the Agreement, notwithstanding whether or not Principal should abandon its obligations under the Agreement without having commenced construction of any improvements and whether such abandonment arises from foreclosure upon Principal’s property or otherwise.

As part of the obligation secured hereby and in addition to the face amount speci?ed therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the work to be performed hereunder or the speci?cations accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the scope of work to be performed or to the speci?cations.
[THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK]

SUBDIVISIONIMPROVEMENTAGREEMEN

17.A.

: i:\\ gg Attorngy-Ig-g
IN WITNESS WI-IEREOF, the seal and signature of the Principal is hereto af?xed, and the corporate seal and the name of the Surety is hereto af?xed and attested by its duly authorized Attorney-in—Fact at Orange, CA , this 5th day of February 2025 Simon Chu and KikiChu Familv Trust 9006 Markel Insurance Company Principal Surety
By: By
Its: Managing Member act
I, SIM/[my CH K Shaunna Rozelle Ostrom, Attorney-in-Fact (print name) (print name)
6 SUBDIVISIONIMPROVEMENTAGREEMENT

17.A.

g f %K mic ”24w(Ma/mm ?zz/?g
gk??l? £521
or the entity upon behalf of which the pevson . a ed. executed strument. t ,2. arson}! nam?laf
a
cribed to the within instrumen and ackno - -ged to me tmwhe/they t e i er/their authorized capachy' , and that «w er/tneirsignaturef' persoms‘? ' JAMES
COMM (? wwwmuctcmmmn _
WEE
Ev, .m7 Slénature
GAL FORM A ALL-PURPOS AOK OWL DG ENT CIVILCODE § 1189
A notary public or other officer completing this certificate verifiesonly the identity of the individualwho signed the document to whichthis certificate is attached, and not the truthfulness,accuracy, or validityofthat document.

State of Cal
County /
On before
Date Insert Name and Title of the Of?cer
personally appeared
who proved to me on the basis of satisfactory evidence to be whose executed same
on the instrument the
the
I certify under PENALTYOF under the laws
of the State of California that foregoing paragraph
is true and correct.
hand seal
L. MUNSONll
2471249
Sig
of Notary Public
Place Notary Seal Above

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

Description of
Title or Type of
Document Date: Number of Pages
Signer(s) Other N Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

Corporate Officer - Title(s): Corporate Officer — Title(s):

Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer ls Representing Signer Is Representing
@2015 NationalNotary Association' www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 Comm
MvComa. NOVA12

17.A.

_..—)
02/05/202 Melissa Ann Vaccaro‘Notag Public
Meli Ann Vacca

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

State of California
County of Orange
On 5 before me,
(insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the n person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

MELISSAANNVACCARO
COMM.#2401942
Notary Public-California

ORANGECOUNTY
Comm.ExpiresMay12.

WITNESS my hand and official seal
FRSS FRS3
Signature (Seal)
888 ro

17.A.

Bv.
?es-den:

Campany
Asslsianl
Bond No. 4480923
KNOWALLMEN BYTHESEPRESENTS:That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:

This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company:
"RESOLVED,That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby ls authorized to execute powers of attorney, and such authority can be executed by use offacsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto.”
INWITNESSWHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20m day of August , 2024 .

SureTec Insurance Company Markel ce
By: By:

Michael C. Keimig, Jenn President
State of Texas County of Harris:
referred to in the preceding instrument is now in force.

INTESTIMONYWHEREOF,I have hereunto set my hand, and affixed my the day and year first above written.

We, the undersigned Officers of SureTec Insurance Company and Markell IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Compan 2025 Beaty, ry
Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510023 For verification ofthe authority ofthis Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST POAlil 510023

JOINT LIMITEDPOWER OF ATTORNEY
Arturo Ayala, Daniel Huckabay, Dwight Reilly,Shaunna RozelleOstrom, FrankMorones, MichaelD.Stong, Ben Stong, R.Nappi, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell Their true and lawful agent(s) and attorney(s)—in»fact, each in their separate capacity ifmore than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

Fifteen Millionand 00/100 Dollars ($15,000,000.00)
SEAL
On this 20th day of August , 2024 A. 0., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THEABOVEOFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies By:

Chelsea Turner, Notary Public
My commission expires 7/6/2028 OF
that the original POWEROF ATTORNEYof whichthe
foregoing is a full, true and correct copy is still in full force and effect and has 'lriiaal
ies, on the 5th day 0
SureTec Insurance Markel Insurance Company
M. Secretary Marquis,

17.A.

ISLLINEQBMAJJDNL NUMBEREDLOTS: 2 LETTEREDLOTS: o
CROSS ACRES: 2.441
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WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISIONSHOWN HEREON:THAT WE ARE THE ONLY

PERSONS WHOSECONSENTIS NECESSARY TO PASS A GLEAR TITLETD SAID LAND; THAT WE CONSENT TO THE MAKINGAND RECORDING OF THIS SUBDIVISIONMAP AS SHOWN WITHINTHE DISTINCTIVEBORDER LINE.

FRONTIERCALIFORNIAINC., A CAUFORNIACORPORATION, SUCCESSOR IN IN THECITY OF HEMET.COUNTYOF RIVERSDE. STATE W CALIFORNIA PARCELMAPNO.36566 BEING A SUBDIVISION0F PARCEL MAP NO. 6210 AS PER MAP FILEDIN BOOK I4, PAGE 70 0F PARCEL MAPS, IN THE DFTTCEOF THE COUNTYRECORDEROF SAID COUNTY. DAVID O. KNELL.PLS 530T JANUARY. 2024 WELT; THISMAP WAS PREPAREDBY MEOR UNDERMY DIRECTIONANDIS BASEDUPONA FIELDSURVEYIN CONFORMANCEWITH THE REWIREMENTS DE THE SUBDIVISONMAP ACT ANDLOCALORDINANCEAT THEREQUEST0F FRONTIERCALIFORNIAINC. OCTOBEROF2022. I HEREBYSTATE THATALLMONUMENTSARE(I THECHARACTERANDOCWPY THE POSITIONSINDICATED OR THATTHEYWILLBE SET IN ACCORDANQWITHTHE TERMSN THEMONUMENTAGIEEMENTIN SUCH POSIIIWS IMTHIN(I) YEARFROMTHERECORDEDDATEOF THISMAP:AND THATSAIDMONUMDITSARESJFFIOENT TD ENABLETHESJRVEYTO BE RETRACED. I HEREBYSTATETHATTHIS TRACTMAP SJBSTANTIALLYCONFORMSTO THE APPROVEDDR CONDITIONALLY APPROVEDTENTATIVEPARCELMAP NO. 36566.

INTEREST BY MERGER WITH GENERAL TELEPHONE COMPANY OF CALIFORNIA. IA CORPORA ON / BY: NAME: TITLE:
- REAL ESTATE AND FACILITIES
T I’ M
NOTARY PUBLIC OR OTHER OFFICER COMPLETINGTHIS CERTIFICATE RIFIES ONLY THE DENTITY OF THE INDIVIDUALWHO SIGNED THE OCUMENTTO WHICHTHIS CERTIFICATE IS ATTACHED.AND NOT THE RUTHFULNESS.ACCURACY.OR VAUDITY OF THAT DOCUMENT.

STATE or 1' COUNTY OF -
._ _ ONIIIW- 2021 BEFORE ME?jE?'?z. NOTARY PUBUC
PERSONALLYAPPEARED _ &W_4_F._______.___. WHO PROVED To ME ON THE BA I or SATISFACTORY EVIDENCETO BE THE PERSONIGT WHOSENAMES ARESUBSCRIBED I THE WITHIN

INSTRUMENTA I ACKNOWLEDGEDTO ME THATK EXECUTEDTHE
SAME AUTHORIZEDCAPACITYOEO).AND THAT BY was GNATUREWON THE INSTRUMENT THE PERSOW OR ENTITYUPON BEHALFOF WHICH THE PERSONLP)’ACTED.EXECUTEDTHE INSTRUIIILNT.

I CERTIFYUNDERPENALTYOF PERJURY UNDER THELAWS OF THE STATE OF _?$_____ THAT THEFOREGOINGPARAGRAPH IS TRUE AND CORRECT. WITNESSMY HANDL MY COMMISIDNEXPIRES: 7-2-‘7- Zeta! _ MY PRINCIPAL PLACE OF BUSINESS Is IN _D_5_”_‘:£____COUNTY MY COMMISSIONNUMBER: -U?lthO__._ PALLZEPL“;.1
”- _w_vr DAVID O. KNELL.PLS SSOI DATE
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I, NOAHRAU.HEREBYSTATE THATI HAVEEXAMINEDTHEWITHINMAP.THAT THE SUBDMSIONSNOWNHEREONIS SUBSTANTTAILYTHESAMEAS IT APPEAREDON THE TENTATIVEHAP. THATALLAPPLICABLEPROWSIONSOF THESTATE SUBDIVISIONSMAP ACT ANDCITYOF HEMEIORDINANCEan. AS AMENDED. HAVEBEENCOMPLIEOIMTH. DATEDnus __IitL~_ DAY or Mmhc_. 202.11. 4" _ NOAHM. CITY ENGINEER
R.C.E 74586
I HEREBYSTATETHAT I HAVE EXAMINEDTHEMAP. AND THAT I AM
SATIS EDTHAT SAID MAP IS TECHNICALLYCORRECT.
__ ____ ___L/AL.4
BRIAND—F0 PL. . 717I PRESIDENT. OZAD & FOX. INC
WPURSUANT To szcnou ass» or m: suaomSION HAP ACT. m: SIGNAYuRES or m: rmovnnc nouns or uscuzuvs AND/0ROTHER INTERESTSNAVE BED! Oumm: EASEMENTTD CAUEWNIA ELECTRICPOWERCOMPANY.ITS SUCCESSORS ANDASSIGNSFOR THE.TRANSMISSDNANDDISTRIBUTIONG’ ELECTRIUTYAND CDMMUNICATIGIPURPOSES AND INCIDENTALPURPOSES.RECWDED ”NE 6. 1956 A5 BOOK 2282. FAQ IBJ DF mu. RECORDS. [AEMENT T0 CAUFUiHIA WATERAND TELEPHGIECOMPANY.A mWADW FOR TELEPHMELINEAND INODENTALPURPOSES. RECORDED JANUARY l8. I96I AS INSTRUMENT"CL 3672 U GTICIAL RECORDS.

EASEMENTI’D CAUI’GTNIAWATER AND TELEPHWECOMPANY.A CORPWATIW FOR PUBLICUTILITIESANDINCIDENTALPURPOSES.RECMDED JANUARY 16. IBGI AS INSTRUMENTN0, 3675 U OFFICIALRECORDS.

EASEMENTTD CAUEGTNIA WATR ANDTHEPNWE WMPANY.A WmATICN EM PUBUC UTILITIESANDINUMNTAL PURPDKS. RECORDED JANUARY 16. ISGI AS INSTRUMENTND. 3676 if OFFICIALRECmDS.

EASEMENTTD CAUTWNIA WATDTAND TELEPNGIE COMPANY.A CWMATIM FOR PUBLIC UTIUTIESAND INDDENTM.PURPOSES. RECORDED JANUARY TO. ISSI AS INSTRUMENTN0. 5579 OF GENOA]. RECORDS.

EASEMENTTD CAUT'NNIA YIATDTAND TELEPNWECOMPANY.A WAHW FOR PUNJC UTILITIESANDINODENTM.PURPDES. RECORDED FEBRUARYH. I96l AS INSTRUMENTN0. ‘17” C" (1110“ REMDS.

EASEMENTT0 WATERANDTELPHWE COMPANY. A CmATTm Fm PUBLIC UTILITIESAND INCIDENTALPURPOIS. RECWDED FEBRUARY N.

IBUI AS INSTRUMENTNO. 12719 0' “FIG“. RECORDS.

EASEMENTTD CAuFaTNIA mm: AND TELEPHONECOMPANY.A CWATION FOR PUBLIC UIIUI'IESANDINCIDENTALPURPOSES.RECORDED NATION24, IDSI As INSTRUMENTND. 25160 DF mAL REOORDS.

EASEMENTTD CAUFWN'IA WATERAND TELEPHGIECOMPANY.A CORPUTATIM FOR PUBLIC UTILITIESANDINGDENTALPURPOSES. RECORDED NOVEMBERID. 196! AS INSTRUMENTNO. 97195 W OPTION. REmSI EASEMENTTDCAUFORNIAELECTRICPM OOPANY. A MUTATION Fm PUBIJC UTILITIESANDINGDENTALPURPOSES RECORDEDAUWST

09. I961 AS INSTRUMENTNO 83955 C" “GAL REWDS
EAiMENT TD CALIFWNTAWATERAND TELEPHOIECOMPANY. A WADE?! Fm PUBLIC UTILITIESANDINCIDENTALPURPOSES. RECORDED DEKMBER2|. I96! AS INSTRUMENTNOLISIISS G W‘IUAL REWDS.

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AN EAIMENT IN FAVW OF CALIFUTNIANATERANDTELEPHONECOMPANY.A CORPORATIONFOR TELEPHONELINE ANDINWTAL PURPOSES.RECORDEDJANUARY I6, IDOI AS INSTRUMENTNO. 3672 OF OFFIOALRECORDS.

AN EAIIENT IN FAVOR OF CAUFDRNIAWATERANDTELEPHONECOMPANY.A CORPORATIONFM PUBUCUTILITIES ANDINODENTALPURPOSES.RECORDEDJANUARY‘5. IQSI AS INSTRUMENTN0, 3673 N OFFICIALRECORDS.

AN EAIUENT IN FAVW OF CALIFMNIAWATERANDTELEPNOIECOMPANY, A OORPWATIONFM PUBLICUTIUTIES ANDINGDENTALPURPOSES.RECORDEDJANUARY '5. IBBI AS INSTRUMENTN0. 5676 CI‘ OTTIGALRECORDS. 6) AN EASEMENTIN FAVOR OF CALIFORNIAWATERANDTELEPNONECOMPANY.A WPORATION FOR PUBLICUTIIJTIES AND INODENTALPURPOSES.RECORDEDFEBRUARYH, I961 AS INSTRUMENTNO. I27IB OF OFFIGALRECORDS, AN EASEMENTIN FAN OF CALIFORNIAWATERANDTELEPHONECOMPANY.A CWPORATION FOR PUBLICUTIUTIES AND INODENTALPURPOSES, RECORDEDMARCH14. IDGI AS INSTRUMENTNO‘ ZSIGD G OFFIDALITEMS. AN'EASEMENTIN FAVOR (Y CALIFORNIAWATERANDTELEPHONECOMPANY.A cons-canon FORPUBLICUTILITIES ANDINUDENTALPURPOSES.REmED NDD‘BER l0. IDGI AS INSTRUMENTNO 97293 W OFFTGALITEMS. @ AN EASEMENTIN FAVOR U CAUFORNIAMCTRIC POWERCOMPANY, A OORPORATIONFOR PUBLICUTIUTIESAND INIJDENTALPURPOSES.REWDD AUG/ST 09. I953 AS INSTRUMENTNO. 93958 N OFFICIALRECORDS.

AN EA§MENT IN FAVOR OF CALIFORNIAWATERANDTEIEPHWECOMPANY.A CMPO‘IATIOI FOR PUBLICUTILITIES AND INODENTALPURPOSES, RECORDEDJANUARY ‘6, IBDI AS INSTRUMENTN0, 1679 0' UTIUAL RENTDS I AN EAEMENTIN FAVOR N CAUFCITNIAWATERANDTELEPHM COMPANV.A WARM FOR PUBLICUTILITIES ANDINODDITALPURPWS. REWDED FEBRUARY'4. IDSI AS INSTRUMENTNO. l2717 0' OFFICIALRECORDS. 6) AN EASEMENTIN FAVOR OF CAIJFDRNIAWATERANDTELEPHONEWIPANV. A WPURATION F01 PUBUCUTILITIES AND INCIDDITALPURPIKS. REmED DECEMEI'ER2|, 1064 AS INSTRUMENTNO. ISIISS N UTICIALREWDS.

AN EAEMENTIN FAM W CAUFORNIAELECTRICPOVERCWPANV. A WPORAT‘IW FOR PUBLICUTILITIESAND INGDENTALPURPOSES amazon) MAY I7. I96) AS INSTRUMENTND, SIAZB N OITIOAL Rims.

17.A.