HomeMy WebLinkAboutContracts & Agreements_32-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of Redlands Country Club Drainage
Study("Agreement") is made and entered in this 21st day of February, 2023 ("Effective Date"),
by and between the City of Redlands, a municipal corporation ("City") and Watearth, Inc. a
Texas Corporation ("Consultant"). City and Consultant are sometimes individually referred to
herein as a "Party" and, together, as the "Parties," In consideration of the mutual promises
contained herein, City and Consultant agree as follows:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide Redlands Country Club Drainage Study
services for City (the "Services").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 — SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director,
as City's representative with respect to performance of the Services, and such person
shall have the authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
4.2 Consultant shall complete the Services by July 31, 2023, unless the Services are
terminated earlier as provided for herein.
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4.3 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to City, consistent with City
Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a
copy of such policy from City staff.
ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant's performance of the Services shall be in the amount
of sixty-seven thousand nine hundred seventy-four dollars and fifty cents ($67,974.50).
City shall pay Consultant in accordance with Exhibit "C," titled "Fee Schedule" which is
attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services. City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile or electronic mail transmission (including
PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail; in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice
in accordance with this section:
CITY:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
CONSULTANT:
Jennifer J. Walker, PE, President
Watearth, Inc.
3371 Glendale Blvd., Suite 101
Los Angeles, CA 90039
Email: jwalker@watearth.com
Phone: (213) 248-4554
Fax: (800) 519-3774
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
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shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self -insured or exempt from the workers' compensation laws
of the State of California. Consultant shall execute and provide City with Exhibit
"D," titled "Workers' Compensation Insurance Certification," which is attached
hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability. This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the
Services without the prior written consent of City. In the event of mutual agreement
by the Parties to assign or subcontract a portion of the Services, Consultant shall add
such assignee or subcontractor as an additional insured to the insurance policies
required hereby and provide City with the insurance endorsements prior to any
Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses or liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Consultant,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
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income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its agents shall
have control over the conduct of Consultant or Consultant's employees, except as herein
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set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services. Consultant shall be compensated
on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree
that all actions or proceedings arising in connection with this Agreement shall be tried
and litigated only in the state courts located in San Bernardino County, California, and
the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
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sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF RED�.ANDS WATEARTH, INC.
By:
Eddie Tejeda, Mayor
ATTEST:
e Donaldson, City Clerk
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By: `- 0 t JYL
Jp ifer J. Wa /dr, President
EXHIBIT "A"
SCOPE OF SERVICES
Task 1— Research and Summary of Findings
a) Research and develop a timeline summary of urbanization and hardscape
improvements that direct surface runoff onto the golf course.
Consultant will assess available information for the Redlands Country Club and Golf Course
(RCC). Consultant will supplement this information with aerial imagery depicting
urbanization over the history of the RCC. Will review the United States Geological Survey
(USGS) maps showing development history of the surrounding and hydrologically
contributing area.
Consultant's team has reviewed the Scope of Services document and will evaluate readily
and publicly available information that the City stores in their library room and other relevant
institutions. Additional desktop evaluation will be included for the following resources:
a. NRCS Soils Data
b. Topographic Data
c. Geotechnical Data
d. Flood Insurance Rate Map (FIRM)
e. Watershed boundaries and/or LIDAR
f. City of Redlands's as-builts of storm drainage, developments plans, and existing
H&H models
g. Other relevant studies, reports, and databases
The team has reviewed the Location Map with Discharge Locations and suggests performing
a site reconnaissance to identify additional site discharges into the Redlands Country Club
(RCC). Preliminary review of the site maps indicates that there are three main drainage areas
contributing to the golf course, measuring 36 acres, 43 acres, and 59 acres, with
approximately 14.2 acres located within the golf course. This subdivision is relevant for
modeling and to determine flood control responsibilities, and mitigation options locations.
Consultant will attend one virtual meeting with representatives of the City to gather historical
knowledge of stormwater management practices associated with developments identified in
the data review. Information will be compiled and will be used to approximate the drainage
areas that will be part of the modeling process.
b) Develop separate pre -development and post -development drainage maps at various
urbanization milestone dates showing basins and sub -basins that direct surface runoff
onto the golf course. Each map should quantify the Q and tc for the minor and major
storm events, indicate discharge points, and highlight projects that redirected historic
flows.
Consultant will perform site reconnaissance focusing on contributing drainage areas to locate
any additional discharge points into the golf course and will complement it with an aerial
review to determine if any stormwater management feature such as detention ponds,
retention areas, or low impact development (LID) features are creating a major restriction in
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the stream(s) flowing through the golf course that may need to be included in the hydrology
model. These features will be shown in a pre- and post -development drainage map. Site
reconnaissance will be documented with photographs and field notes to be included in the
final report. Consultant plans to field assess and determine the drainage area from the golf
course draining into the three discharge points. This field data will be used to prepare a
drainage area map based on subdivision plans, records drawing or observation from the site
reconnaissance. Consultant assumes that survey data will be provided before the field
inspection is performed.
Consultant will employ the Hydrologic Modeling System (HEC-HMS) from the Hydrologic
Engineering Center (HEC) to accomplish the modeling portion of this project unless one of
the two "Optional Services" noted at the end of this scope is selected. This hydrology
analysis will include 3 to 5 sub -basins per discharge point and hydrologic routing between
basins. GIS will be used to delineate drainage areas.
Consultant will run the model for the following design storm events: 1-year, 2-year, 10-year,
25-year, 50-year, and 100-year for up to three milestone dates for each discharge point. The
hydrologic analysis will follow the County of San Bernardino Hydrology Manual and will
calculate the flow at the discharge points and the time of concentration (Tc), also called
"critical duration", as defined by the manual. The model will be used to develop map exhibits
that illustrate a history of projects that have redirected flows into the golf course.
c) Review public and private development projects at the various urbanization milestone
dates to determine if they met flood control standards in effect at that time.
Consultant team will contact San Bernardino County Public Works, Flood Control
Engineering Division to obtain plans and specifications of flood control improvements to set
the milestone dates necessary to determine if local urbanization met historical flood control
standards. Will also request access to record drawings (as-builts) and topographic maps. If
not available, Consultant will estimate whether historical standards were likely to have been
met.
d) Summarize the findings in simple terms that identify any existing stormwater-related
CEQA violations, quantify the City's current flood control responsibility in terms of Q
for each discharge point (i.e., what reduction in Q would be necessary at each location),
whether or not urbanization complied with adopted standards at each milestone date,
and the cumulative impacts of urbanization runoff if standards were not met.
Consultant will assess the modeling results to identify existing stormwater-related CEQA
violations by comparing the peak flow and/or runoff volume at each milestone date.
Furthermore, comparing the baseline and milestone hydrographs to assess changes in timing
in addition to the above. After setting the milestone dates in Task 1.c, Consultant will
determine the City's current flood control responsibility in terms of excess urban flow
volume for each discharge point. Our team will discuss the excess urban runoff volume
(EURV), which is the difference between the developed and pre -developed runoff volume
for the range of storms that produce runoff from pervious land surfaces. Additionally,
Consultant will calculate the runoff volume contributed by the golf course and compare this
result with the offsite runoff production; the latter will be used to confirm the City's current
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flood control responsibilities in term of flow. As part of the cumulative impacts of
urbanization runoff, the team will discuss the impacts in terms of hydromodification by
reviewing the hydrographs and determining if either peak flows or runoff volumes (which
could be contributing to the erosion) were increased at various milestones. An inundation
map in the RCC is an additional service.
Task 2: Development of a Technical Memorandum
a) A technical memorandum with up to three (3) mitigation concepts for each discharge
point that will reduce the Q to pre -development rates.
Consultant will propose up to three mitigation concepts to 10% level for each discharge point
based on the results obtained in Task 1. There are a several possibilities for on -site mitigation
at the golf course, if allowed, or off -site within the unnamed adjacent creek, or elsewhere in
the watershed on City or public land that Consultant has successfully employed in past
similar projects. Consultant will attend up to one meeting with the City to discuss preferred
alternatives at a high level before proceeding with mitigation concept development. Solutions
may include stream mitigation, erosion control at the outfall, detention storage within the
watershed, or low impact development (LID) with hydromodification controls within the
watershed. If additional future resiliency is desired, the concept designs will include a multi -
benefit project concept, provided space for implementation is identified. This task will
include coordination directly with RCC operations and facilities managers to best understand
their goals.
b) A conceptual cost estimate for each of these mitigation concepts.
Consultant will prepare a conceptual cost estimate for the mitigation concepts (Task 2a).
Assumptions
1. Consultant will attend up to 3 in person or virtual meetings during the project.
2. Consultant will address up to 1 round of deconflicted and consolidated comments by the
City on each deliverable.
3. Task la and lc will be performed up to the hours budgeted.
Optional Services
1. 1D modeling using XP-SWMM for hydraulic analysis. This hydraulic model would
provide hydraulic results such as velocity, flow and HGL for each link, and potential
volume of water spilled out at the node.
2. 2D modeling using XP-SWMM for hydraulic analysis. This hydraulic model would
provide a broader result in terms of overland flood limit results in the urban area and
country club area. This model utilizes a 2D mesh that will connect the 1D storm drainage
system and the surrounding surface area.
3. Inundation maps. As part of the cumulative impact assessment due to urbanization,
Consultant advises identifying impacts in inundation maps at various stages of
urbanization, which will require modeling of a portion of the golf course as storage
routing following the HEC-HMS methodology.
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4. Survey Data. As part field verification and modeling purpose, survey data is relevant and
important part of the study. Consultants will include a survey data appropriate to comply
with the study's goals.
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EXHIBIT "B"
PROJECT SCHEDULE
Redlands Country Club Drainage Study
Anticipated NTP:
3/1/2023
Milestone description
Timeline Summary
Develop separate pre -development and post
development Drainage Maps On`Track 3/13/2023 4/17/2023
Review public and private development Projects On Track 3/16/2023 4/5/2023 21
Identify CEO.A Violations and City's flood control
On Track = 4/17/2023 5/1/2023
responsibility
On Track 3/1/2023 3/15/2023 15
Tech Memo (3 Concepts) On Track 4/24/2023 6/16/2023
Cost Estimates
On Track 5/21/2023 5/30/2023 10
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EXHIBIT 11C"
FEE SCHEDULE
Watearth Inc -DI 2022 .............
0/9/2023
Task
„:' RFP
c
299.0
Redlands
Watearth
al .-.
W til
V o
245.0
Country
- 3371
a0
; . al
P.
. V Q
1 235.0:;
Glendale
%
e
c
-IS
w
OI
c
o`
160.01
FEE
Club
al
0
*
a
200.0
PROPOSAL
Drainage
Blvd,
a
p
n. y
,, c
e '1
140.0
Study,
Suite 101,
e
ei
c
a,
,u
-_ m
.o
! 135.0 '
for
Project
Los
2
.0
H
135.0
No.
Angeles,
22
,o-
20221121 GD
CA 90039
Totals
Task 1: Research and Summary of Findings
a
Research and develop a timeline summary of
urbanization and hardscape improvements that
direct surface runoff onto the golf course
1.0
0.0
0.0
8.0
2,0
6.0
20,0
12.0
49.0
$ 7,139.00
14.3%
b
Develop separate pre -development and post -
development drainage maps at various urbanization
milestone dates showing basins and sub -basins that
direct surface runoff onto the golf course. Each map
should quantify the Q and tc for the minor and major
storm events, indicate discharge points, and
highlight projects that redirected historic flows
2.0
1.0
0,0
32.0
2.0
4.0
70.0
36.0
147.0
$ 21,233.00
42.5%
c
Review public and private development projects at
the various urbanization milestone dates to
determine if they met flood control standards in
effect at that time
1.0
0.0
0,0
12.0
2.0
6.0
38.0
12.0
71.0
$ 10,209.00
20.4%
d
Summarize the findings in simple terms that identify
any existing stormwater-related CEQA violations,
quantify the City's current flood control responsibility
In terms of Q for each discharge point (I.e., what
reduction in Q would be necessary at each location),
whether or not urbanization compiled with adopted
standards at each milestone date, and the
cumulative impacts of urbanization runoff If
standards were not met
1.0
2.0
6.0
4,0
2.0
4.0
44.0
12,0
75.0
$ 11,359,00
22.7%
Subtotal Task 1
5.0
3.0
6,0
56.0
8.0
20,0
172.0
72.0
342.0
$ 49,940.00
73,5%
Task 2: Development of a Technical Memorandum
a
A technical memorandum with up to three (3)
mitigation concepts for each discharge point that
will reduce the Q to pre -development rates
2,0
2.0
6,0
6.0
2,0
4.0
28.0
16.0
66.0
$ 10,358.00
58.3%
b
A conceptual cost estimate for each of these
mitigation concepts
1,0
3.0
12.0
2.0
4.0
2,0
16.0
0.0
40.0
$ 7,414.00
41,7%
Subtotal Task 2
3.0
5.0
18.0
8.0
6.0
6.0
44.0
16.0
106,0
$ 17,772,00
26.1%
Subtotal All Tasks
8.0
8,0
24.0
64.0
14.0
26.0
216.0
88,0
448.0
$ 67,712.00
Expenses
Mileage (3 trips @ 140 mi RT @ $0,62.5/m1)
$ 262.50
Subtotal Expenses
$ 262,50
Overall Total
$ 67,974.50
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
C/ I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct.
WATEARTH, INC.
2
By: i
Je .ifer J. Waier, Preident
Date: cliS / Z" 3
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