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street trees, water mains, sewer mains and appurtenances, curbs, gutters, spandrels (where required), cross gutters (where required) and sidewalks by the public works inspectorimprovement(s).
(2) The city engineer is authorized to execute agreements on behalf of the city.Variances.
(c)(d) Variances. For projects listed under Section 66-2(a)(3)-(6), when When the City Engineer determines, based upon evidence provided by the applicant, that the cost to construct the required improvements exceeds [25% of the project'sprojects hard total costs], the City Engineer may waive the requirements for the construction of all or some of the improvements required by Section 66-2(c)b)(1). When, in the opinion of the applicant, the strict application of the provisions of this section creates an undue hardship due to special circumstances existing on the subject property which are not present on similar parcels in the same vicinity and zone, such applicant may petition the city council for relief from such strict application. Such petition shall be in writing and filed with the city clerk. The city clerk shall thereupon set the petition on the agenda at the next regular, special or adjourned regular meeting of the city council. Upon the hearing of such petition and considering such evidence as the applicant may wish to present, the city council shall have the authority to grant such relief from the strict application of the provisions of the section as the city council shall deem proper in the circumstances.
(d)(e) Temporary uses. The applicant for a temporary use permit as provided in section 90-73 shall deposit with the city an offsite improvement fee in an amount established by resolution of the city council. The fee shall be placed in an offsite improvement fund and used by the city to defray the costs of the installation of offsite improvements. (e) Deferments. The applicant for a building permit or the owner of the property may petition the city council for a deferment of the provisions of this section. The city council shall have the authority to grant such deferment as it shall deem proper under the circumstances.
(f)
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Oct 14 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Kurt Mikolaycik, Facilities Supervisor, Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with Discount Installation Services for the Installation of New Windows at the Police Department Facility; Authorizing the City Manager to Execute the Agreement; And Authorizing the Administrative Services Director to Establish a Supplemental Appropriation from Fund 115 in the Amount of $126,665, including a 10% Contingency, to CIP 5732
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with Discount Installation Services for the Installation of New Windows at the Police Department Facility; Authorizing the City Manager to Execute the Agreement; And Authorizing the Administrative Services Director to Establish a Supplemental Appropriation from Fund 115 in the Amount of $126,665, including a 10% Contingency, to CIP 5732.
BACKGROUND:
The Public Works Department is responsible for maintaining City facilities and overseeing construction projects and contractors, including work at the Police Department Facility at 450 E.
Latham Ave. The building is currently receiving improvements under CIP 5732, and a new task of installing new windows is requested as a supplemental scope. This work includes the removal and replacement of 19 windows and one two-story storefront window section with two doors. Funding for this work requires a supplemental appropriation.
ANALYSIS:
The project involves the removal of existing windows and installation of new, energy-efficient windows at the Police Department Facility to improve aesthetics, security, energy efficiency, and occupant comfort. Public Works staff will provide project oversight and the Building Department will inspect the work.
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A competitive Invitation for Bid (IFB) was issued on Planet Bids on August 28, 2025, notifying 71 vendors. The bid period closed on September 25, 2025, and the City received a total of five (5) bids.
A summary of the bid results is provided below:
Company Name Total Cost
Discount Installation Services $115,150.00
R Dependable Construction Inc. $117,000.00
Perfection PTG Co. $119,000.00
All Venture Glass $131,068.00
LZ Construction $164,200.00
The competitive bid process was conducted in accordance with the Public Contracts Code. Discount Installation Services was determined to be the lowest responsive and responsible bidder.
DISCUSSION:
The Police Department Facility is a high-use building that houses critical law enforcement functions and frequently receives public visitors. As an older building, it requires ongoing upgrades to maintain safety, efficiency, and usability. The facility has also experienced water intrusion issues, further demonstrating the need for improvements to the building envelope. The installation of new windows is part of a broader improvement project under CIP 5732, which includes interior renovations, ADA accommodations, technology upgrades, and other building enhancements.
The supplemental scope of work includes the removal and replacement of 19 windows and one twostory storefront window section with two doors. This work will address deficiencies in the aging facility by mitigating water intrusion and improving security and energy efficiency, while supporting the City’s long-term maintenance and facility management goals. Studies show that upgrading to ENERGY STAR rated windows from less efficient models reduces energy costs by 12% on average. The installation is expected to be completed by the end of the year, during which Public Works staff will coordinate oversight and inspections with the Building Department to ensure the work is completed according to project specifications.
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.
FISCAL IMPACT:
17.D.
The total contract amount for the removal and replacement of windows is $115,150. A 10% contingency of $11,515 is recommended to cover unforeseen conditions or adjustments, for a total not-to-exceed amount of $126,665. Funding for this project is requested through a supplemental appropriation from Fund 115 to CIP 5732.
ALTERNATIVE(S):
1. Do not approve the proposed agreement and appropriation.
2. Provide alternate direction to the City Manager.
ATTACHMENT(S):
Attachment 1: Resolution - Awarding Discount Installation Services Attachment 2: Bid Summary
Attachment 3: Bids Received
Attachment 4: Agreement
17.D.
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 AN AGREEMENT
WITH DISCOUNT INSTALLATION SERVICES FOR THE
INSTALLATION OF NEW WINDOWS AT THE POLICE
DEPARTMENT FACILITY; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT; AND
AUTHORIZING THE ADMINISTRATIVE SERVICES
DIRECTOR TO ESTABLISH A SUPPLEMENTAL
APPROPRIATION FROM FUND 115 IN THE AMOUNT OF
$126,665, INCLUDING A 10% CONTINGENCY, TO CIP
5732
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Public Works Department is responsible for the maintenance and repairs of all City of Hemet facilities, including the Police Department Headquarters; and
WHEREAS, the Police Department Headquarters is currently undergoing tenant improvements through CIP 5732 that did not initially include new windows and is now being requested as an additional scope to the project; and WHEREAS, studies show that ENERGY STAR - rated windows can reduce annual energy costs by an average of 12% compared to less efficient models; and WHEREAS, a Competitive Invitation for Bid was posted on August 28, 2025, and 71 potential vendors were notified on Planet Bids, resulting in a total of five (5) bids; and
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CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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WHEREAS, City staff determined that Discount Installation Services was the lowest responsive and responsible bidder offering the best overall value to the City for the installation of new windows at the Police Department Headquarters and recommends that the City Council award the agreement; and WHEREAS, approving this supplemental appropriation and award of contract to Discount Installation Services will allow the installation of the new windows to proceed and improve aesthetics, energy efficiency, and comfort of the building.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. RECITALS – The above recitals are all true and correct.
SECTION 2. APPROVAL – Approves the agreement for the installation of new windows at the Police Department Headquarters.
SECTION 3. AUTHORIZATION – Authorizes the City Manager to execute all documents related to this agreement.
SECTION 4. APPROPRIATION – Authorizes the Administrative Services Director to establish a supplemental appropriation from Fund 115 balance in the amount of $126,665, including a 10% contingency, to CIP 5732 to fund the additional scope of the project.
SECTION 5. EFFECTIVE DATE – This Resolution shall become effective upon adoption of this resolution.
17.D.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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PASSED, APPROVED, AND ADOPTED this 14th day of October, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.D.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of October 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.D.
y of Hemet
ement at Hemet Police Department ‐ CIP 5732
on 08/28/2025
ber 25, 2025 3:00 PM (PDT)
d on 09/25/2025
Unit Price * Quantity)
em NumSection Description UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Windows Total for 19 Windows (Less the 2 story storefront/doors) LS 1 $63,361.97 $63,361.97 $67,000.00 $67,000.00 $99,000.00 $99,000.00 $85,236.00 $85,236.00 $120,000.00 $120,000.00 Subtotal $63,361.97 $67,000.00 $99,000.00 $85,236.00 $120,000.00 22 Story Store Front/Doors Total for 1 ‐ 2 Story Storefrong/Doors LS 1 $51,788.03 $51,788.03 $50,000.00 $50,000.00 $20,000.00 $20,000.00 $45,832.00 $45,832.00 $44,200.00 $44,200.00 Subtotal $51,788.03 $50,000.00 $20,000.00 $45,832.00 $44,200.00 Total $115,150.00 $117,000.00 $119,000.00 $131,068.00 $164,200.00 Discount Installation Srvcs R DEPENDABLE CONST INC Perfectionptgco All Venture Glass LZ Construction Inc
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Page | 1
MINOR PUBLIC WORKS AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET,
A CALIFORNIA MUNICIPAL CORPORATION
AND
DISCOUNT DOOR AND WINDOW
A SOLE PROPRIETORSHIP
AGREEMENT # 2026-027
17.D.
Page | 2
MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND DISCOUNT DOOR AND WINDOW
WINDOW REPLACEMENT AT HEMET POLICE DEPARTMENT - CIP 5732 This MINOR PUBLIC WORKS AGREEMENT (“Contract”) is made and entered into this 15th day of October, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Discount Door and Window, [Insert entity, state of corporation and type of entity, e.g. a California corporation, a limited partnership, a limited liability company] (“Contractor”). For the purposes of this Contract, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
B. City desires to engage Contractor for performance of the following public work of improvement Window Replacement at Hemet Police Department - CIP 5732 Project (the "Project” or the “Work").
C. Contractor represents that it is a licensed contractor pursuant to section 7000 et seq. of the Business and Professions Code in the following classification: B, which it shall maintain for the duration of the Contract.
D. Contractor further represents that it has examined and is fully familiar with all of the provisions of the Contract Documents; that it has satisfied itself as to the nature and location of all Work, the general and local conditions to be encountered in the performance of any Work, and all other matters which can in any way affect the Work or the cost thereof.
E. Contractor has submitted a proposal to City, incorporated herein by this reference, to perform all work and furnish the labor, supervision, materials and equipment, and operations necessary and required to complete the Project in strict accordance with the provisions of the Contract Documents, and at the prices stated.
F. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which the Contractor shall complete the Project.
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:
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SECTION 1. SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the Project in accordance with the Contract Documents, which is generally described as follows:
Window Replacement at Hemet Police Department - CIP 5732 Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:
1. Submit any required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than ten (10) working days after the date City issues a Notice to Proceed and before the preconstruction meeting.
2. Submit a list of any permits and licenses the Contractor shall obtain indicating the agency granting the permit, the expected date to submit the application, and the required date for the receipt of the permit.
3. Protect all materials to be used in the Work in accordance with the specifications.
4. Protect existing facilities and personal property.
5. Attend a preconstruction conference with City to discuss schedule, access, sequence of work, and other issues.
6. If requested by City, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit reports to City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.
7. The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.
8. Coordinate with City-scheduled events.
9. The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.
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10. Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.
B. The following documents are incorporated into and made part of this Contract by this reference:
1. Insurance Requirements (Exhibit A)
2. Designation of Subcontractors Form (Exhibit B)
3. Public Works Contractor Registration Certification (Exhibit C)
4. Payment and Performance Bonds (Exhibit D)
5. Change orders - issued in accordance with Contract Documents (Exhibit E)
6. Contractor’s Proposal/Schedule of Pay Items (Exhibit F)
7. Standard Specifications for Public Works Construction (the “Green Book”), excluding Sections 1 through 9, most recent version
8. City Standard Specifications, most recent version
C. These documents shall be referred to collectively as the "Contract Documents." The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the following order: Change Orders (most recent first), Addenda (most recent first), Contract, Insurance Requirements, Technical Specifications, Plans, Standard Specifications, Contractor’s Proposal/Schedule of Pay Items.
D. Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.
SECTION 2. PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of One Hundred and Fifteen Thousand One Hundred and Fifty Dollars ($115,150.00) (the “Contract Price”) subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. Work to be done at unit prices will be paid based on actual quantities of work performed and accepted.
B. Contractor shall submit a payment application for the total work completed once each month and upon completion of the Project and satisfaction of all conditions of the Contract Documents. City shall make payment within forty-five (45) days of receipt of an undisputed payment application, less five (5%) percent retention. City shall release the retained funds (less any amounts in dispute, deducted for liquidated damages or as required by law, or other offsets) no less than thirty-five (35) days after the date City accepts the Work. Pursuant to Public Contract Code section 22300, for monies earned by the Contractor and withheld by City to ensure the performance of the Contract, the Contractor
17.D.
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may, at its option, choose to substitute securities meeting the requirements of Public Contract Code section 22300.
If any of the Work is to be paid based on unit prices, Contractor shall submit a monthly itemized estimate of Work done for the purpose of making progress payments. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by City, for unit price items listed, if any, in the Schedule of Pay Items. Following City’s acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. City makes no representation that the actual quantities of work performed will not vary from the estimates.
C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, certified payroll reports, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in California Civil Code sections 8132, 8134, 8136 and 8138) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.
D. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The escrow agreement used for the purposes of this section shall be in the form provided by City.
E. 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 sign up for electronic payments contact [email protected].
F. The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
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SECTION 3. ENTIRE AGREEMENT
This Contract represents the entire agreement between City and Contractor and supersedes any prior written or oral representations. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
SECTION 4. TIME
A. Contractor shall complete the Project no later than Thirty (30) calendar days following City's issuance of the Notice to Proceed (the "Contract Time").
B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of Work. Contractor shall coordinate its Work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.
C. If Contractor fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay; therefore, Contractor will pay to City the sum of five hundred ($500) dollars for each and every calendar day beyond expiration of the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due to Contractor under the Contract.
D. It is further agreed that in case Contractor fails to complete the Project in all parts and requirements within the Contract Time, City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of City; and if it decides to extend Contract Time, City shall further have the right to charge to Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses directly chargeable to the Contract that accrue during the period of such extension.
E. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Project caused solely by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that Contractor shall within three (3) days from the beginning of any such delay, notify City, in writing of the causes of delay. The City Manager, or his designee, shall ascertain the facts and the extent of delay, and his or her findings thereon shall be final and conclusive.
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F. As an express condition of any adjustment of the Contract Time or Contract Price on account of delay, including delay caused by acts of City, Contractor must give City written notice of the commencement of delay within three (3) days of its occurrence.
SECTION 5. LABOR
A. Prevailing Wages. This Contract is subject to California Labor Code (“Labor Code”) Sections 1720 et seq., and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work.
Pursuant to the provisions of Section 1770 of the Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
B. Employment of Apprentices. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. It shall be the responsibility of Contractor to effectuate compliance apprentices on the part of itself and any subcontractors with the requirements for employment. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations.
C. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to achieve compliance with this section. If Contractor or subcontractor does not comply after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred ($100) dollars for each day, or portion thereof, for each worker until strict compliance is effectuated.
Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor
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shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.
D. Public Works Contractor Registration.
1. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
2. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall execute the Public Works Contractor Registration Certification attached hereto as Exhibit C, attesting to the facts contained therein. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit B “Designation of Subcontractors Form.”
3. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this Contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
E. Hours of Work.
1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.
2. The Contractor shall perform all work during the hours of 7:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise authorized by City in writing. If Contractor wishes to work during any other hours or on weekends, written permission must be received from City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file in the office of City Clerk. If Contractor requests overtime work in which City will incurs costs, Contractor shall be responsible for payment of City's costs incurred in connection with the overtime work.
City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten (10) days, City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.
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F. Labor Compliance. In accordance with Labor Code section 1771.4, Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
G. Labor Certification. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the engineer a certification in the following form:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions before commencing the performance of the work of this Contract."
H. Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Price, and no additional compensation will be allowed therefore.
SECTION 6. CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from City.
Contractor shall not be compensated for any change made without City’s written direction.
No changes in the work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract.
B. If City directs the Contractor in writing to make changes in the work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:
1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;
2. By a combination of existing and new unit prices and related quantities for the changed work;
3. Time and Materials, calculated as set forth in Section 6(C), below; or
4. By mutual acceptance of a lump sum.
C. The cost for extra or changed work performed on a time and materials basis shall be determined as follows:
1. Labor. Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only actual wages paid shall
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include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.
2. Material. Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for. Cost of such materials will be cost, including sales tax and delivery charges, to purchaser (Contractor, subcontractor or other forces) from supplier thereof.
3. Equipment. For Contractor-owned equipment, payment will be made at rental rates listed for equipment in the California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. If there is no applicable rate for an item of equipment, then payment shall be made for Contractor-owned equipment at rental rate listed in the most recent edition of the Association of Equipment Distributors (AED) book. a. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type.
b. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates. Rental time will not be allowed while equipment is inoperative due to breakdowns.
c. Individual pieces of equipment or tools having a replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered to be small tools.
4. Work Performed by Special Forces or Other Special Services. When City and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work may be performed by a specialist.
Invoices for service or extra work shall be based on the current market price thereof and may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances, wherein, Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the Project Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as
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a specialist billing. In lieu of overhead and profit provided in paragraph 5(a) “Overhead Defined”, below, fifteen percent (15%) will be added to specialist invoice price, after deduction of any cash or trade discount offered or available, whether or not such discount may have been taken.
5. Overhead Defined. The following constitutes charges that are deemed included in overhead for all Contract modifications, including work performed on a Time and Materials basis. Contractor shall not invoice or receive payment for these costs separately: Drawings: field drawings, Shop Drawings, etc., including submissions of drawings; Routine field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; Computer services; Reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary onSite facilities (Offices, Telephones, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water, Home office expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
6. Overhead and Profit for Time and Materials. For work Contractor performs on Time and Materials at City’s direction, the following markups will be added to the cost of labor, materials and equipment, calculated as described above.
a. Overhead and profit on labor shall be fifteen percent (15%). b. Overhead and profit on materials shall be ten percent (10%). c. Overhead and profit on equipment rental shall be ten percent (10%). d. On proposals covering both increases and decreases in Contract Price, overhead and profit shall be allowed on the net increase only as determined in this paragraph. When the net difference is a deletion, no percentage for overhead or profit will be allowed, but rather a deduction shall apply.
e. The markup shall include profit, small tools, cleanup, supervision, warranties, cost of preparing the cost proposal, jobsite overhead, and home office overhead. No markup will be allowed on taxes, insurance, and bonds.
D. If City directs Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, City will make a reasonable adjustment to the Contract Time.
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SECTION 7. CLAIMS AND DISPUTES
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed Work and shall give written notice of a claim for additional compensation for the Work to City within three (3) days after commencement of the disputed Work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed Work.
B. If a claim cannot be resolved through direct discussions between City and Contractor, disputes for three hundred seventy-five thousand ($375,000) dollars or less shall be handled in accordance with Public Contract Code Sections 20104 et seq. City shall respond in writing within the statutory time period(s), or, may request in writing within thirty (30) days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims City may have against the claimant. If additional information is needed thereafter, it shall be provided upon request. City's response shall be submitted within the statutory timeframe after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. Contractor shall make these records and documents available at all reasonable times, without any direct charge.
C. If a claim is more than three hundred seventy-five thousand ($375,000) dollars, City shall respond in writing within a reasonable period of time to review and analyze the claim. The Parties also agree to participate in mediation with a mutually agreeable mediator following an exchange of documents reasonably necessary for resolution of the issues in dispute.
D. If Contractor disputes City's response, or if City fails to respond within the statutory time period(s), Contractor may so notify City within fifteen (15) days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days.
E. If following the meet and confer conference, the claim or any portion thereof remains in dispute, Contractor may file a claim pursuant to Government Code sections 900 et seq. and Government Code section 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
F. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.
G. Venue for any litigation arising out of or relating to this Contract shall be Riverside County, California.
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H. Pursuant to Public Contract Code section 9201(b), City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
SECTION 8. INSPECTION AND PROTECTION OF WORK
A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.
B. All Work shall be inspected by City. The charges for inspection shall be in accordance with City’s regulations. If City is unable to provide an inspector or inspectors, Contractor shall reschedule the Work for another time at no cost to City. Work performed without inspection shall be rejected.
C. Contractor shall make the Work accessible at all reasonable times for inspection by City.
Contractor shall, at the first opportunity, inspect all material and equipment delivered to the Project Site by others to be used or incorporated in the Contractor's Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work done hereunder until final acceptance by City.
D. When the Work is completed, Contractor shall request, in writing, a final inspection.
Within ten (10) days of the receipt of such request, City shall make a final inspection.
Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all Change Orders and all interpretations and instructions previously issued.
E. City may reject materials or Work that does not meet the requirements of the Contract Documents. If City does so, Contractor shall promptly remove the rejected materials or Work and replace it with materials or Work that meet the requirements of the Contract Documents, at no additional cost to City.
SECTION 9. ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.
B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.
C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code sections 1771.1 or 1777.7 can bid on, be awarded or perform Work as a subcontractor on the Project. The Contractor is prohibited from performing Work on the
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Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.
D. When a portion of the Work which has been subcontracted by Contractor is not being prosecuted in a manner satisfactory to City, the subcontractor shall be removed immediately on the request of City in the manner required by law and shall not again be employed on the Work.
E. Contractor shall not assign any portion of the Work to be performed under this Contract or any of the rights or obligations under this Contract, without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.
SECTION 10. TERMINATION
A. Should Contractor fail within seven (7) calendar days from receipt of City's written notice to correct any default, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Contract and/or, in its sole discretion, make a demand on Contractor’s performance bond surety. Following a termination for default, City shall have the right to take whatever steps it deems necessary to complete the Project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.
B. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which costs are documented to City's satisfaction. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.
C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
SECTION 11. HOLD HARMLESS AND INDEMNIFICATION
A. City and all officers and employees thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of City’s officers or employees.
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B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work or the Project, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against City (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of City’s sole or active negligence or willful misconduct. The foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
C. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an indemnified party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
D. In addition to any remedy authorized by law, contract funds sufficient to pay for any claim may be retained by City until disposition has been made of such suits or claims for damage.
SECTION 12. BONDS AND INSURANCE
A. Bonds.
1. Within ten (10) business days after being notified of the award of the Contract, and before City will execute this Contract, Contractor shall furnish and file with City Performance and Payment Surety bonds as set forth below.
2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract
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Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.
B. Insurance.
1. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit A. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within fifteen (15) working days after being notified of the award of the Contract, and before execution of this Contract by City.
SECTION 13. WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents.
Contractor hereby warrants its Work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California law, whichever is greater.
Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.
This section shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
SECTION 14. LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations that in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future Federal, State and local laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Project; and shall protect and indemnify City, and all officers and employees thereof connected with the Project, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by City’s representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall promptly report the same to City in writing.
C. This Contract shall be governed by and construed in accordance with the laws of the State of California.
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SECTION 15. CLEAN-UP
Contractor will remove from the Project Site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the Project Site and deduct the cost from the Contract Price.
SECTION 16. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.
SECTION 17. COMPLIANCE WITH STATE STORM WATER PERMIT
Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Water Board) Water Quality Order No. 2009-0009-DWQ, including any and all subsequent amendments and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (“Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
SECTION 18. MISCELLANEOUS
A. Existing Utilities.
1. The location of known existing utilities and pipelines are shown on the plans in their approximate locations. However, nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to City may exist, or be in a location different from that which is shown in the Contract Documents.
2. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling underground service alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if Contractor does not expose all such existing utilities as required by this section.
3. After the utility survey is complete, Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall
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notify City before starting potholing operations. Contractor shall uncover all piping and conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved.
4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.
5. If Contractor is required to locate, repair damage not due to Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 6 “Changes in the Work” of this Contract, including payment for equipment on the Project necessarily idled during such work.
6. The right is reserved by City and the owners of underground facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connection or repairs to their properties. Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.
B. Differing Site Conditions.
1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,
b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or
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c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
2. Contractor shall give notice in accordance with the Change Order provisions above.
3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a Change Order under the provisions described in the Contract Documents.
4. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in the Contract Documents.
5. In the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.
C. Records and Audits.
1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.
2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after the termination of this Contract.
3. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the
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performance of this Contract including, but not limited to, the cost of administering the Contract.
D. Clayton Act and Cartwright Act.
Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Contract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgement by the Parties.
E. Contractor Supervision.
The Contractor shall provide competent supervision and staffing of the Work as approved by City.
As necessary, the Contractor or designated representative shall be present at all times while Work is actually in progress.
F. Character of Workers.
If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.
G. Cooperation.
Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. City reserves the right to perform other or additional work at or near the Project Site (including material sources) at any time, by the use of other forces.
H. Notices.
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or
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postage prepaid and addressed as follows:
To City: City of Hemet
Attn: Mark Prestwich, City Manager
445 E. Florida Ave.
Hemet, CA 92543
To Contractor: Discount Door and Window
Attn: Alan Holsapple
5450 Complex St. Unit 301
San Diego, CA 992123
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.
I. Nondiscrimination.
Contractor and subcontractors 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. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
J. Safety.
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(a) Adequate life protection and lifesaving equipment and procedures; (b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
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procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) Adequate facilities for the proper inspection and maintenance of all safety measures. [SIGNATURES ON FOLLOWING PAGE]
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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND DISCOUNT DOOR AND WINDOW
WINDOW REPLACEMENT AT HEMET POLICE DEPARTMENT - CIP 5732 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
City of Hemet Discount Door and Window:
(Authorized Representative of Contractor)
By: _______________________________ By: _______________________________ Mark Prestwich, City Manager Printed Name: _____________________ Title: _____________________________
Dated: ___________________________ Dated: ___________________________ (Attach Acknowledgment for Authorized
Representative of Contractor)
License No.: ________________________
ATTEST:
CITY CLERK
By: ______________________________
John Maier
APPROVED AS TO FORM:
CITY ATTORNEY
By: ____________________________
Steven Graham
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EXHIBIT A
INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general Aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.
3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.
4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
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5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
7. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material changes in the policy, or termination thereof, will be effective except upon thirty (30) days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
10. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
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11. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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EXHIBIT B
DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.
Portion of Work: _____________________________________
SubDiscount Door and Window _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Portion of Work: _____________________________________
SubDiscount Door and Window _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Name of Contractor: Discount Door and Window
Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
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EXHIBIT C
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor: Discount Door and Window
DIR Registration Number: 1001145745
Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor: Discount Door and Window
Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________
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EXHIBIT D
BOND FORMS
PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated October 15, 2025 is in the amount of $115,150.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Discount Door and Window (Contractor), (Surety), CITY OF HEMET (Owner), or
other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Discount Door and Window
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Window Replacement at Hemet Police Department - CIP 5732, dated October 15, 2025, in the amount of $115,150.00.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
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PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Discount Door and Window as Principal, dated the 15th day of October, 2025 (the Contract), titled the City of Hemet Window Replacement at Hemet Police Department - CIP 5732 in the amount of $115,150.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
Window Replacement at Hemet Police Department - CIP 5732
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($115,150.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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EXHIBIT E
CHANGE ORDER TEMPLATE
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EXHIBIT “F”
CONTRACTOR’S PROPOSAL
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Oct 14 2025
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Ryan Webb, Deputy Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting the 2024 Wildland Fire Protection Type VI Vehicle Equipment Grant from California Fire Foundation for Various Wildland Tools and Equipment in the Amount of $24,551.00 and Authorizing the City Manager to Execute a Purchase Agreement with L.N. Curtis and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation in Public Safety Grants Fund #232
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the 2024 Wildland Fire Protection Type VI Vehicle Equipment Grant from California Fire Foundation for Various Wildland Tools and Equipment in the Amount of $24,551.00 and Authorizing the City Manager to Execute a Purchase Agreement with L.N. Curtis and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation in Public Safety Grants Fund #232.
BACKGROUND:
The California Fire Foundation is a non-profit whose mission is to assist fire departments in preventing and preparing for California wildland fires. On October 25, 2022, the City Council authorized the purchase of a Type VI Medic Patrol vehicle, which did not include the tools and equipment required to outfit the Engine. The equipment from this grant will outfit the new Type VI Fire Engine, which is set to be delivered by the end of calendar year 2025.
ANALYSIS:
A Type VI fire engine is a smaller, highly maneuverable wildland firefighting vehicle, typically built on a pickup truck chassis. It’s designed for initial attack on vegetation fires, especially in areas that are hard to reach for larger engines. To be fully functional, the Type VI engine must be equipped with a range of tools and equipment.
17.E.
DISCUSSION:
The Fire Department applied for the California Fire Foundation Grant to outfit the Type VI Fire Engine. Notification was received on August 25, 2025, that the City was awarded the grant. The grant requires all purchase to be completed by March 2026. Per the City of Hemet’s procurement policy, this purchase falls under a leveraged procurement contract (Sourcewell Contract #020124), which includes competitively bid Firefighting PPE, Equipment, Rescue Tools, Supplies, and Accessories.
PREVIOUS COUNCIL ACTION:
Approval of the purchase of a Type VI Fire Engine on October 25, 2022.
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 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.
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:
This grant does not require matching funds, so there will be no impact to the General Fund.
ATTACHMENT(S):
Attachment 1: Resolution - Accepting the 2024 Wildland Fire Protection Type VI Vehicle Equipment Grant
Attachment 2: FY25 CFF Award letter
Attachment 3: Quote
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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, ACCEPTING THE 2024
WILDLAND FIRE PROTECTION TYPE VI VEHICLE
EQUIPMENT GRANT FROM CALIFORNIA FIRE
FOUNDATION FOR VARIOUS WILDLAND TOOLS AND
EQUIPMENT IN THE AMOUNT OF $24,551.00 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AGREEMENT WITH L.N. CURTIS AND TO
AUTHORIZE THE ADMINISTRATIVE SERVICES
DIRECTOR TO APPROPRIATE FUNDS FOR THE
PURCHASE
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, a resolution of the City Council of the City of Hemet, California, Accepting the 2024 Wildland Fire Protection Type VI Vehicle Equipment Grant from California Fire Foundation for Various Wildland Tools and Equipment in the Amount of $24,551.00 and Authorizing the City Manager to Execute a Purchase Agreement with L.N. Curtis and to Authorize the Administrative Services Director to Appropriate Funds for the Purchase; and
WHEREAS, the California Fire Foundation is a non-profit whose mission is to assist fire departments in preventing and preparing for California wildland fires. On October 25, 2022, the City Council authorized the purchase of a Type VI Medic Patrol vehicle, which did not include the tools and equipment required to outfit the Engine.
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CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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The equipment from this grant will outfit the new Type VI Fire Engine, which is set to be delivered by the end of calendar year 2025; and
WHEREAS, a Type VI fire engine is a smaller, highly maneuverable wildland firefighting vehicle, typically built on a pickup truck chassis. It’s designed for initial attack on vegetation fires, especially in areas that are hard to reach for larger engines.
In order to be fully functional, the Type VI engine must be outfitted with a variety of tools and equipment; and
WHEREAS, the Fire Department applied for the California Fire Foundation Grant to outfit the Type VI Fire Engine. Notification was received on August 8, 2025, that the City was awarded the grant. The grant requires all purchases to be completed by March 2026. Per the City of Hemet’s procurement policy, this purchase falls under a leveraged procurement contract (Sourcewell Contract #020124), which includes competitively bid Firefighting PPE, Equipment, Rescue Tools, Supplies, and Accessories.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the 2024 Wildland Fire Protection Type VI Vehicle Equipment Grant from California Fire Foundation for Various Wildland Tools and Equipment in the Amount of $24,551.00 and Authorizing the City Manager to Execute a Purchase Agreement with L.N. Curtis and to Authorize the Administrative Services Director to Appropriate Funds for the Purchase.
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CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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SECTION 2. EFFECTIVE DATE – This Resolution shall become effective on October 14, 2025.
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CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED AND ADOPTED this 14th day of October, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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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 14th day of October, 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
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nate: 08/25/2025
Applicant Hemet Fire Depanmem
Aniount Awarded: 524551.00
Prajen Name: wildlano Fire Protection Type Vl Veniele Equipment Congratulation '0n penalrortrie Calilornia Fire Foundation [cFFJi a nonpro?t 501((113Dcharllzble organization rorrried in 1937, it IS a pleasure to inlorrn you that we naveapproved a grant in the amount ol 524551.00 lor Hemet Fire Department‘s aboveVrelerermed proiect Your award is made possible With support from Pacmc Gas & Electric
The Fire Foundation greatly appreoates tne opponunitylo learn about your organization and programming Duelolne compelnlverless altnis cycle we were notable to lully rum all deserving proieols As sucni scalable praiecls may have been panially lunaea
Upon submining your eoinpletea agreement, we urge you to publicly announce our partnership using tire resourees provided in tlnese toolkitsmstlsn | SPANISH
llyou naveany questions about tnis grant, oryour (lrcumstznces have changed since you applied lorluridirig, please eontact our orriee at (300) 39073213 oryia erriail at crrgraritserrorp as soon as possible in all correspondence With us, please include your department assoeiation ororganization name and appropriate Contact information
Thank you faiths care you took in developing your proposal The Calilornia Fire Foundation is nonoreoto support your proiect and we wrsnyou much suceessl sineerely,
Brian K Rme
Chalr, Calilornia Fire Foundation
m wwwca Efmmdzllo or
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Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation
CUSTOMER: SHIP TO:
Hemet City Fire Department
CA
445 East Florida Avenue
Hemet CA 92543
Hemet City Fire Department CA
510 East Florida Avenue
Hemet CA 92543
QUOTATION NO. ISSUED DATE EXPIRATION DATE
347355 06/05/2025 10/31/2025
SALESPERSON CUSTOMER SERVICE REP
Tracy Rabe
[email protected]
909-679-7062
Ken Perry
[email protected]
510-268-3326
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS SKIP IRLAND C33866 Net 30 SW-FFE
F.O.B. SHIP VIA DELIVERY REQ. BY
FTSP Standard Shipping
SPECIAL INSTRUCTIONS
Pricing per Sourcewell contract #020124 FFE
NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.
Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer’s safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and polyfluoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer specifications. For other important product notices and warnings, or to request an SDS, product specifications, manufacturer’s safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 1 EA 0830 KESTREL 3000 Red Pocket Weather Meter OM $169.00 $169.00 2 1 EA 100147 WATERAX MINI-MARK Watson Edition 2-Stroke Lightweight High-Pressure Pump
SFR $1,553.30 $1,553.30
3 4 EA 3715P15N 37 1.5NPSH FRL X 1.5NHM Adapter
To convert inlet and outlet on above
pumps to NH thread
SFR $49.50 $198.00
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 4 1 EA P152-10-H51
KOCHEK
1.5X10' Cpld 1.5NHFx1.5NHM Gray
Hard Coat, PVC Suction Hose
SFR $143.50 $143.50
5 1 EA 4104E FLO #60SE 1.5NPTF Foot Valve with Strainer OM $143.10 $143.10 6 1 EA 3715N15P 37 1.5NH FRL X 1.5NPSHM Adapter
to convert above strainer to NH thread
SFR $49.50 $49.50
7 1 EA FDTA FDT
CUSTOM
Fol-Da-Tank Aluminum Folding Frame
Collapsible Tank, As Below:
#FDTA150028VR 1500 Gallon 28 oz red
vinyl, aluminum frame
OM $1,740.00 $1,740.00
8 1 EA 85066 SURESEALDrip Torch, OSHA Compliant, USDA
Forest Service Spec 5100-614A
OM $199.00 $199.00
9 1 EA 85051 SURESEALTruck/ATV Drip Torch Mounting Bracket OM $98.94 $98.94 10 1 EA CT42 FSS
COUNCIL
42" Pick & Shovel Combination Tool with
Wood Handle FSS
SFR $150.41 $150.41
11 1 EA 38PE136 3.75# Pulaski Mattock Axe with 36"
Wood Straight Handle
SFR $73.96 $73.96
12 1 EA 6PH32W 6# Pickhead Axe with 32" Wood Handle -
60P32C
SFR $74.06 $74.06
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 13 1 EA NOT32-B
LONESTAR
8# Pig Demolition Tool, Notched With
33" Black Fiberglass Handle
OM $238.00 $238.00
14 2 EA HC1510 1"-1.5" Forestry Hose Clamp SFR $162.40 $324.80 15 2 EA 179061V INDIAN FSV500 5Gal Vinyl Packpack
Smokechaser- Fedco Pump
SFR $167.99 $335.98
16 1 EA 36561 NUPLA RH6Da 6' Roof Vent Hook With Alum DGripSFR $147.69 $147.69 17 1 EA 36106 NUPLA YPDH-6 6' Hd Classic Nuplaglas Pike Pole, With D-Handle
SFR $84.37 $84.37
18 100 FT 273210 CMC 1/2" Orange Lifeline Rope Ft
1-100' Length
SFR $1.56 $156.00
19 1 EA 430102 CMC Blue #1 Rope Bag
* Capacity = 50 - 120' 1/2" Rope
SFR $59.40 $59.40
20 1 EA D1040BCID TFT 1NPSH Bubble Cup 10/40GPM Nozzle
Tip
SFR $300.03 $300.03
21 1 EA D75DPID TFT 1NPSHF X 1NPSHM Ball Valve Shutoff
with Grip
SFR $226.30 $226.30
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 22 1 EA FTS200F TFT 1.5NH Thunderfog 30-200GPM Nozzle
with Shutoff
SFR $1,212.53 $1,212.53
23 1 EA WV2515 2.5"NH Female X (2) 1.5"NH Male
Lightweight Gated Wye Valve
SFR $437.60 $437.60
24 1 EA WV151015NH 1.5 NHF X1" NHM X 1.5 NHM
Lightweight Forestry Wye Valve
SFR $404.80 $404.80
25 1 EA WV1010NP 1" NPSHF X 2-1" NPSHM Lightweight
Forestry Wye Valve
SFR $387.20 $387.20
26 4 EA BWC223 .75GHTFX2-.75GHTM Brass Wye Valve OM $38.68 $154.72 27 4 EA BWC224 .75GHTF X .75GHTM Brass Hose
Shutoff Valve
OM $18.14 $72.56
28 3 EA 500AN4 DIXON .75GHT 4" Brass Twist Mop-Up Nozzle, Imported, BN104
OM $17.46 $52.38
29 3 EA F100F TFT 1.5NHF X 1.5NHM Shutoff 1" Waterway SFR $451.14 $1,353.42 30 3 EA D75DPID TFT 1NPSHF X 1NPSHM Ball Valve Shutoff
with Grip
SFR $226.30 $678.90
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 31 1 EA 13930N RH 139 3NH Basket Strainer SFR $214.50 $214.50 32 2 EA 3625N25N 2.5NHM X 2.5NHM RL Double Male
Adapter
SFR $54.75 $109.50
33 1 EA NORTH
AMERICAN FIRE
HOSE CUSTOM
as below:
#DB15X30YEN 1.5"X30' Cpld 1.5"NH
Yellow Dura Built DJ hose
SFR $154.00 $154.00
34 6 EA UF58X100W75GH
T FIREQUIP
5/8" X 100' Coupled .75GHTWhite Ultra
Forestry SJ Hose. Polyester,
Polyurethane Lined
SFR $89.60 $537.60
35 3 EA 187II15X100YFN
NAFH
1.5X100' Coupled 1.5NH Yellow 187
Spec Type II SJ Hose
SFR $221.55 $664.65
36 3 EA 187II1X100YFI
NAFH
1X100' Coupled 1NPSH Yellow 187
Spec Type II SJ Hose
SFR $207.20 $621.60
37 4 EA DB25X50YEN
NAFH
2.5X50' Coupled 2.5NH Yellow DB800
Dura-Built DJ Hose
SFR $335.00 $1,340.00
38 4 EA DB15X50YEN
NAFH
1.5X50' Coupled 1.5NH Yellow DB800
Dura-Built DJ Hose
SFR $198.40 $793.60
39 2 EA 3525N25N 35 2.5NH FRL X 2.5NH FRL Double
Female Swivel Adapter
SFR $68.25 $136.50
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 40 2 EA 3715N25N 37 1.5NH FRL X 2.5NHM Increaser SFR $71.25 $142.50 41 2 EA 3725N15N 37 2.5NH FRL X 1.5NHM Adapter SFR $60.00 $120.00 42 1 EA 4104E FLO #60SE 1.5NPTF Foot Valve with Strainer OM $102.00 $102.00 43 2 EA 3715N10N 37 1.5NH FRL X 1NHM Adapter SFR $56.25 $112.50 44 1 EA FBS15-P07-P09
KOCHEK
1.5NH Fire Engine Red & Silvadillo
Powder Coat Self Leveling Floating
Barrel Strainer
SFR $309.26 $309.26
45 2 EA 3725N10P 37 2.5NH FRL X 1NPSHM Adapter SFR $96.00 $192.00 46 3 EA 3710P75G 37 1NPSH FRL X .75GHTM Adapter SFR $49.50 $148.50 47 1 EA 3775G10P 37 .75GHT FRL X 1NPSHM Adapter SFR $68.25 $68.25 48 1 EA 3710P15N 37 1NPSH FRL X 1.5NHM Adapter SFR $60.75 $60.75 49 1 EA 3715P15N 37 1.5NPSH FRL X 1.5NHM Adapter SFR $49.50 $49.50
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 50 1 EA 3715N15P 37 1.5NH FRL X 1.5NPSHM Adapter SFR $49.50 $49.50 51 1 EA 3710N10P 37 1NH FRL X 1NPSHM Adapter SFR $52.50 $52.50 52 3 EA TV-15NH-1NP SH
PROD
1.5NH X1.5NH X1NPSH Hose Line Tee
Valve
OM $128.12 $384.36
53 2 EA 3615N15N 36 1.5NHM X 1.5NHM Rocker Lug
Double Male Adapter
SFR $45.00 $90.00
54 2 EA 3515N15N 35 1.5NH FRL X 1.5NH FRL Double
Female Swivel Adapter
SFR $57.00 $114.00
55 2 EA 3610P10P 36 1NPSHM X 1NPSHM Rocker Lug
Double Male Adapter
SFR $84.00 $168.00
56 2 EA 3510P10P 35 1NPSH FRL X 1NPSH FRL Double
Female Swivel Adapter
SFR $67.50 $135.00
57 1 EA 107 RH Adjustable Hydrant Wrench with Single
Spanner Head
SFR $64.50 $64.50
58 1 EA 1462 RH Double Holder with Wrenches,
Consisting of:
1 - 146 Holder
2 - 101 Wrenches
SFR $119.25 $119.25
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 59 1 EA UFCW ZICO Foam Pail Wrench SFR $27.07 $27.07
60 1 EA NORTH
AMERICAN FIRE
HOSE CUSTOM
as below:
DB30X15YEN 3"X15' Cpld 2.5"NH Dura
Built Yel DJ hose
SFR $223.00 $223.00
61 4 EA FS2060 TFT 1.5NH Twister 20/60GPM Nozzle with
Shutoff
SFR $593.49 $2,373.96
62 1 EA FSS5 TFT 1.5NH X 1/2" Orifice Straight Tip SFR $165.71 $165.71 63 1 EA FSS7 TFT 1.5NH X 3/4" Orifice Straight Tip SFR $165.71 $165.71 64 1 EA FSS9 TFT 1.5NH X 1" Orifice Straight Tip SFR $151.11 $151.11 65 1 EA FSS11 TFT 1.5NH X 1-1/4" Orifice Straight Tip SFR $151.11 $151.11 66 1 EA SW-2 SH PROD Double Ended Spanner Wrench OM $24.80 $24.80 67 4 EA NZ-DR-1NP SH
PROD
1" NPSH 10-30 GPM Dual Range
Nozzle
OM $126.10 $504.40
68 1 EA 3730N25N 37 3NH FRL X 2.5NHM Adapter SFR $100.50 $100.50
17.E.
Ph: 323-780-0254
TF: 866-557-0254
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing generally remains firm until 10/31/2025. Pricing is subject to change if product is affected by the implementation of a tariff. Contact us for updated pricing after this date.
Due to market volatility, global supply chain pressures, and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-specific prices, terms, and conditions.
Subtotal $22,161.14
Estimated Tax Total $1,939.10
Transportation $450.00
Total $24,550.24
View Terms of Sale and Return Policy
17.E.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Oct 14 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer, Travis Holyoak, Water/Waste Water Superintendent;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding Q&E Pipeline Company, the Sewer Main Replacement Project, CIP 5754, in the Amount of $845,600, and Waiving any Minor Bid Irregularities, and Authorizing the City Manager to Execute all Necessary Documents to Support the Award and Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $84,600, and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Q&E Pipeline Company, the Sewer Main Replacement Project, CIP 5754, in the Amount of $845,600, and Waiving any Minor Bid Irregularities, and Authorizing the City Manager to Execute all Necessary Documents to Support the Award and Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $84,600, and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer.
BACKGROUND:
The City of Hemet owns and operates a wastewater collection system within the City of Hemet, which encompasses 6.75 square miles. The system consists of 140 miles of sewer mains and over 1,800 sewer manholes. All wastewater collected through the City of Hemet is conveyed to EMWD, where all treatment, pumping, and disposal are accomplished.
The work to be constructed is located on the following streets and limits:
1. Santa Fe St from 175 North of Acacia Ave to Florida Ave
2. Gilmore St from Florida Ave to 100 South of Florida Ave to 200 Ft. West in Parking Lot
3. Weston Pl from Central Ave to Griffith Way
4. San Jacinto St from Clark Dr. to 200’ South of Acacia Ave
17.F.
5. Manhole at State St and Devonshire Ave
6. Manhole at Harvard St and Devonshire Ave
7. Manhole at Carmelita St to Devonshire Ave
8. Manhole at State St and Latham Ave
The project will solve a variety of operational issues at these locations that have aged infrastructure, undersized lines, and require the relocation of existing lines that are in backyards.
ANALYSIS:
On August 18, 2025, the City of Hemet solicited bids from 531 vendors through Planet Bids, the City's bid solicitation service provider. Interested bidders could obtain the complete bid document package, and the bids were opened on September 15, 2025. A total of 17 bids were received and reviewed by staff, resulting in Q & E Pipeline Company being the verified lowest responsive and responsible bidder. An advertisement of the notice inviting bids was also published in a local Newspaper on August 21, 2025. Formal bidding procedures were followed in conformance with the Public Contract Code. All CIP projects allow the City to take the bids under advisement for a period of 60 days after the date the bids are publicly opened. The City issued a notice of intent to award this project on September 22, 2025.
A summary of the bids received is provided below.
Vendor Price Quote
Q & E Pipeline $845,600.00
Armstrong Cal Builders Inc. $981,057.50
All Cities Engineering Inc. $1,004,855.00
Dominguez General Eng. $1,214,785.00
Big Ben Inc. $1,299,400.00
Aneen Construction, Inc. $1,313,625.00
Weka Inc. $1,343,021.00
HPS Mechanical Inc. $1,380,015.00
Downing Construction Inc. $1,424,373.00
CEM Construction $1,525,700.00
Giles Engineering $1,572,878.38
Engineering Construction $1,593,810.00
SEMA $1,667,077.49
Ferreira Construction $1,692,675.00
ARB Inc. $1,716,535.00
Bali Construction $1,732,600.00
SC Valley Inc. $2,963,017.43
Staff recommends awarding the Sewer Mainline Replacement Recoat Project, CIP 5754, to Q&E Pipeline Company as the lowest responsive and responsible bidder.
DISCUSSION:
17.F.
Procurement and Public Works staff executed reference checks for Q&E Pipeline Company.
Reference checks are used to verify that the contractor is responsible and capable of performing the proposed scope of work.
The work under CIP 5754 will prevent future sewer collection problems by upgrading areas with undersized sewer lines or flow issues. Additionally, a section of the sewer main currently located in residential backyards will be relocated to the street. A new sewer lateral will also be installed for each affected property, extending from the house to the newly relocated sewer main. There will also be areas within the City where new manholes will be installed to replace problematic existing ones that have reached the end of their useful life.
The in-house Engineering Staff completed the design for this project. The ability to design projects such as this one in-house is most efficient for ratepayers.
The City intends to utilize one of the available on-call construction management and inspection consultants for this project due to the level of oversight necessary. A purchase order will be awarded in accordance with the on-call agreement for those services.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
Construction of the Sewer Main Replacement, CIP 5754, is funded by the City's Public Sewer Utility Fund 254. The project has sufficient funds to
The total estimated project costs are as follows:
Phase Cost
Design (Survey) $30,000
Construction Contract $845,600
Contingency (10%) $84,600
CM/Inspection and Materials Testing $165,000
Total Project Cost $1,125,200
ALTERNATIVE(S):
1. Do not award the construction agreement to Q&E Pipeline Company
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
17.F.
Attachment 1: Resolution - Awarding CIP 5754
Attachment 2: Bid Summary
Attachment 3: Bids Received
Attachment 4: Agreement Q_E Pipeline - CIP 5754 - 2026-026 Attachment 5: CIP 5754 -Plan Cover Sheet 11x17 - Project Locations Attachment 6: CEQA NOE
17.F.
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, AWARDING Q&E PIPELINE
COMPANY, THE SEWER MAIN REPLACEMENT
PROJECT, CIP 5754, IN THE AMOUNT OF $845,600, AND
WAIVING ANY MINOR BID IRREGULARITIES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS TO SUPPORT THE AWARD
AND APPROVING ADDITIONAL CONSTRUCTION
EXPENDITURES NOT TO EXCEED APPROXIMATELY
10% OF THE CONTRACT AMOUNT OR $84,600, AND
AUTHORIZING THE CITY CLERK TO RECORD THE
NOTICE OF COMPLETION UPON ACCEPTANCE OF THE
WORK BY THE CITY ENGINEER
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet owns and operates a wastewater collection system within the City of Hemet, which encompasses 6.75 square miles. The system consists of 140 miles of sewer mains and over 1800 sewer manholes; and WHEREAS, the City of Hemet Public Works Department is responsible for sewer infrastructure projects that include replacing main lines; and WHEREAS, on August 18, 2025, the City Engineer approved the bid package for the Sewer Main Replacement Project (CIP 5754); and
WHEREAS, the scope of work and locations for the Sewer Main Replacement Project (CIP 5754) are as follows:
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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1. Removal and Replacement of Sewer Mainline from Florida Ave south approximately 1200ft toward Acacia Ave.
2. Removal and relocation of approx. 300ft of Sewer Mainline from backyards to City street rights-of-way on Wesley Ave. between Griffith and Central. This will include lateral connections to all the residents affected.
3. Installation of a new 300ft Sewer main West of Gilmore Ave., then North to Florida Ave. This will also include lateral connections for the nearby businesses.
4. Removal and replacement of sewer manholes at State and Devonshire, Harvard and Devonshire, Latham and State, Carmelita and Devonshire; and WHEREAS, on August 18, 2025, the City of Hemet solicited bids from 531 vendors on Planet Bids, the City's bid solicitation service provider, where interested bidders could obtain the complete bid document package, and on August 21, 2025, the Notice Inviting Bids was published in the Press Enterprise; and WHEREAS, on September 22, 2025, the City received a total of seventeen (17) bids for the project, which were reviewed by staff, resulting in Q & E Pipeline Company being the verified lowest responsive and responsible bidder; and WHEREAS, staff recommends waiving any minor irregularities within the Q & E Pipeline Company bid submittal; and
WHEREAS, staff recommends awarding a City of Hemet Contractor Agreement to Q & E Pipeline Company, in the amount of $845,600; and
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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WHEREAS, staff recommends the City Council authorize the City Manager to execute all contract documents and to approve additional project expenditures not to exceed $84,600, which is approximately 10% of the contract amount; and WHEREAS, the timeline for completion of the project is (90) working days.
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 City Council approves the construction agreement for the Sewer Main Replacement, CIP 5754, to Q & E Pipeline Company in the amount of $845,600 and waives any minor bid irregularities.
SECTION 3. AUTHORIZATION – The City Manager is authorized to execute all necessary documents in support of this award.
SECTION 4. CONTINGENCY – A contingency for additional construction expenditures is approved, not to exceed approximately 10% of the contract amount or $84,600.
SECTION 5. COMPLETION – The City Clerk is authorized to record the Notice of Completion upon acceptance of the work by the City Engineer.
17.F.
CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED, AND ADOPTED this 14th day of October, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.F.
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 14th day of October, 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.F.
City of Hemet
Bid Results for Project Sewer Main Replacement ‐ CIP 5754 Issued on 08/18/2025
Bid Due on September 15, 2025 3:00 PM (PDT)
Exported on 09/16/2025
Line Totals (Unit Price * Quantity)
Item NDescription UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization / Demobilization (not to exceed 5%) LS 1 61,637 $ 61,637 $38,000.00 $38,000.00 $45,000.00 $45,000.00 $45,000.00 $45,000.00 $40,000.00 $40,000.00 2 Traffic and Pedestrian Control LS 1 48,051 $ 48,051 $12,000.00 $12,000.00 $35,000.00 $35,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 3 Water Quality Control LS 1 9,019 $ 9,019 $8,000.00 $8,000.00 $12,500.00 $12,500.00 $7,500.00 $7,500.00 $5,000.00 $5,000.00 4 Field Orders LS 1 10,000 $ 10,000 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 5 Temporary Construction Project Identification Signage EA 3 2,038 $ 6,115 $1,500.00 $4,500.00 $1,200.00 $3,600.00 $3,000.00 $9,000.00 $3,000.00 $9,000.00 6 CCTV LS 1 15,046 $ 15,046 $8,000.00 $8,000.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00 $11,000.00 $11,000.00 7 Bypass Pumping LS 1 45,301 $ 45,301 $19,000.00 $19,000.00 $65,000.00 $65,000.00 $60,000.00 $60,000.00 $10,000.00 $10,000.00 8 "Signing, Striping and Traffic loop Replacement" LS 1 17,001 $ 17,001 $10,000.00 $10,000.00 $42,000.00 $42,000.00 $21,000.00 $21,000.00 $30,000.00 $30,000.00 9 "Furnish and Install 8"" PVC SDR‐ 35 Sewer Main" LF 1830 276 $ 504,969 $150.00 $274,500.00 $225.00 $411,750.00 $90.00 $164,700.00 $185.00 $338,550.00 10 0.1" Grind and Overlay SF 15700 5 $ 85,712 $4.00 $62,800.00 $3.90 $61,230.00 $7.50 $117,750.00 $4.05 $63,585.00 11 Remove Existing Sewer Line LF 1200 39 $ 47,395 $115.00 $138,000.00 $30.00 $36,000.00 $35.00 $42,000.00 $20.00 $24,000.00 12 Construct 48" Sewer MH EA 17 11,560 $ 196,514 $5,500.00 $93,500.00 $4,300.00 $73,100.00 $7,000.00 $119,000.00 $9,000.00 $153,000.00 13 Remove Existing Manhole EA 14 3,741 $ 52,370 $2,500.00 $35,000.00 $1,150.00 $16,100.00 $5,600.00 $78,400.00 $2,500.00 $35,000.00 14 "Verify Lateral Location and Construct New PVC SDR‐35 Lateral" EA 38 5,324 $ 202,302 $1,500.00 $57,000.00 $1,570.00 $59,660.00 $5,600.00 $212,800.00 $10,000.00 $380,000.00 15 Construct Encased Sleeve LF 80 172 $ 13,765 $115.00 $9,200.00 $198.00 $15,840.00 $175.00 $14,000.00 $150.00 $12,000.0016 "Abandon and Slurry Fill Existing Sewer Main" LF 1100 22 $ 23,847 $28.00 $30,800.00 $21.65 $23,815.00 $13.55 $14,905.00 $25.00 $27,500.0017 Remove and Replace Concrete Cross Gutter SF 450 41 $ 18,317 $25.00 $11,250.00 $57.65 $25,942.50 $30.00 $13,500.00 $45.00 $20,250.00 18 Remove and Replace Driveway Approach SF 220 42 $ 9,225 $35.00 $7,700.00 $52.00 $11,440.00 $35.00 $7,700.00 $40.00 $8,800.00 19 "Replace Damaged Traffic Loops Type “E”" EA 6 1,350 $ 8,102 $1,500.00 $9,000.00 $1,150.00 $6,900.00 $1,200.00 $7,200.00 $1,100.00 $6,600.00 20 "Remove and Replace Type ""D"" curb" LF 10 199 $ 1,985 $35.00 $350.00 $53.00 $530.00 $90.00 $900.00 $200.00 $2,000.00 21 "Remove Manhole Rings, Lids, and Surfaces. Fill and Finish to Match E EA 3 4,252 $ 12,756 $1,500.00 $4,500.00 $2,350.00 $7,050.00 $4,000.00 $12,000.00 $2,000.00 $6,000.00 22 Resurface/Profile Manhole Bottom EA 1 4,822 $ 4,822 $2,500.00 $2,500.00 $1,600.00 $1,600.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 Subtotal $1,394,250 Subtotal $845,600.00 $981,057.50 $1,004,855.00 $1,214,785.00 Total $1,394,250 Total $845,600.00 $981,057.50 $1,004,855.00 $1,214,785.00 Average Q&E Pipeline Company Armstrong Cal Builders Inc. All Cities Engineering, Inc Dominguez General Engineering, Inc.
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Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Comment $48,136.00 $48,136.00 $60,000.00 $60,000.00 $49,394.00 $49,394.00 $54,000.00 $54,000.00 $70,000.00 $70,000.00 $65,000.00 $65,000.00 $78,676.00 $78,676.00 $12,707.00 $12,707.00 $157,000.00 $157,000.00 $50,000.00 $50,000.00 $35,000.00 $35,000.00 $30,000.00 $30,000.00 $15,000.00 $15,000.00 $6,848.64 $6,848.64 $6,354.00 $6,354.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $2,100.00 $2,100.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00 $8,966.44 $8,966.44 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $1,333.00 $3,999.00 $1,500.00 $4,500.00 $1,500.00 $4,500.00 $2,200.00 $6,600.00 $2,000.00 $6,000.00 $1,000.00 $3,000.00 $4,317.60 $12,952.80 $18,447.00 $18,447.00 $15,000.00 $15,000.00 $4,500.00 $4,500.00 $18,400.00 $18,400.00 $5,500.00 $5,500.00 $8,500.00 $8,500.00 $23,909.79 $23,909.79 $6,150.00 $6,150.00 $30,000.00 $30,000.00 $45,000.00 $45,000.00 $87,000.00 $87,000.00 $50,000.00 $50,000.00 $14,500.00 $14,500.00 $115,199.88 $115,199.88 $25,829.00 $25,829.00 $14,000.00 $14,000.00 $11,202.00 $11,202.00 $9,500.00 $9,500.00 $6,900.00 $6,900.00 $12,500.00 $12,500.00 $7,349.19 $7,349.19 $257.00 $470,310.00 $330.00 $603,900.00 $418.00 $764,940.00 $367.00 $671,610.00 $486.00 $889,380.00 $195.00 $356,850.00 $362.54 $663,448.20 663,452.63 on paper bid $5.50 $86,350.00 $4.25 $66,725.00 $4.15 $65,155.00 $4.25 $66,725.00 $4.75 $74,575.00 $7.50 $117,750.00 $12.01 $188,557.00 188,598.46 on paper bid $32.00 $38,400.00 $20.00 $24,000.00 $12.00 $14,400.00 $21.00 $25,200.00 $10.00 $12,000.00 $125.00 $150,000.00 $30.51 $36,612.00 36,617.63 on paper bid $14,395.00 $244,715.00 $8,000.00 $136,000.00 $9,000.00 $153,000.00 $9,800.00 $166,600.00 $6,300.00 $107,100.00 $12,500.00 $212,500.00 $9,539.91 $162,178.47 $3,177.00 $44,478.00 $3,000.00 $42,000.00 $2,000.00 $28,000.00 $3,700.00 $51,800.00 $1,140.00 $15,960.00 $8,500.00 $119,000.00 $2,339.82 $32,757.48 $5,104.00 $193,952.00 $1,000.00 $38,000.00 $2,000.00 $76,000.00 $2,800.00 $106,400.00 $2,020.00 $76,760.00 $9,500.00 $361,000.00 $2,687.84 $102,137.92 $159.00 $12,720.00 $330.00 $26,400.00 $60.00 $4,800.00 $115.00 $9,200.00 $118.00 $9,440.00 $75.00 $6,000.00 $308.26 $24,660.80 $23.00 $25,300.00 $30.00 $33,000.00 $12.00 $13,200.00 $12.00 $13,200.00 $18.00 $19,800.00 $9.50 $10,450.00 $17.44 $19,184.00$49.00 $22,050.00 $40.00 $18,000.00 $47.00 $21,150.00 $32.00 $14,400.00 $29.00 $13,050.00 $55.00 $24,750.00 $65.15 $29,317.50 29,318.28 on paper bid $42.00 $9,240.00 $30.00 $6,600.00 $24.00 $5,280.00 $32.00 $7,040.00 $27.00 $5,940.00 $45.00 $9,900.00 $37.75 $8,305.00 8305.75 on paper bid $718.00 $4,308.00 $2,000.00 $12,000.00 $1,400.00 $8,400.00 $2,800.00 $16,800.00 $980.00 $5,880.00 $1,250.00 $7,500.00 $1,245.37 $7,472.22$174.00 $1,740.00 $200.00 $2,000.00 $110.00 $1,100.00 $114.00 $1,140.00 $223.00 $2,230.00 $125.00 $1,250.00 $199.27 $1,992.70 $3,623.00 $10,869.00 $2,500.00 $7,500.00 $2,000.00 $6,000.00 $1,500.00 $4,500.00 $690.00 $2,070.00 $2,750.00 $8,250.00 $5,770.83 $17,312.49$3,346.00 $3,346.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 $2,800.00 $2,800.00 $2,788.00 $2,788.00 $7,000.00 $7,000.00 $15,039.86 $15,039.86 $1,299,400.00 $1,313,625.00 $1,343,021.00 $1,380,015.00 $1,424,373.00 $1,525,700.00 $1,572,878.38 $1,299,400.00 $1,313,625.00 $1,343,021.00 $1,380,015.00 $1,424,373.00 $1,525,700.00 $1,572,878.38 Big Ben Inc. ANEEN CONSTRUCTION, INC. Weka Inc HPS Mechanical, Inc. CEM DOWNING CONSTRUCTION, INC. Construction Corporation Giles Engineering
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Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Comment $70,000.00 $70,000.00 $83,353.87 $83,353.87 $84,629.00 $84,629.00 $75,000.00 $75,000.00 $80,000.00 $80,000.00 $141,661.79 $141,661.79 $130,800.00 $130,800.00 $42,706.82 $42,706.82 $56,759.00 $56,759.00 $50,000.00 $50,000.00 $90,000.00 $90,000.00 $218,400.00 $218,400.00 $20,000.00 $20,000.00 $14,538.21 $14,538.21 $12,348.00 $12,348.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $61,189.12 $61,189.12$10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $2,500.00 $7,500.00 $1,607.29 $4,821.87 $3,453.00 $10,359.00 $1,000.00 $3,000.00 $1,500.00 $4,500.00 $2,000.00 $6,000.00 $13,800.00 $13,800.00 $13,410.27 $13,410.27 $16,276.00 $16,276.00 $12,000.00 $12,000.00 $35,000.00 $35,000.00 $21,960.00 $21,960.00$80,000.00 $80,000.00 $21,491.68 $21,491.68 $26,471.00 $26,471.00 $15,000.00 $15,000.00 $80,000.00 $80,000.00 $90,000.00 $90,000.00$12,000.00 $12,000.00 $19,217.43 $19,217.43 $13,519.00 $13,519.00 $22,000.00 $22,000.00 $15,000.00 $15,000.00 $78,000.00 $78,000.00 $273.00 $499,590.00 $171.49 $313,826.70 $287.00 $525,210.00 $358.00 $655,140.00 $260.00 $475,800.00 $632.26 $1,157,035.80 1,157,030.30 list on paper bid $3.60 $56,520.00 $3.79 $59,503.00 $5.00 $78,500.00 $5.10 $80,070.00 $8.00 $125,600.00 $7.20 $113,040.00 $35.00 $42,000.00 $3.42 $4,104.00 $43.00 $51,600.00 $80.00 $96,000.00 $20.00 $24,000.00 $238.10 $285,720.00 $19,300.00 $328,100.00 $21,569.09 $366,674.53 $11,250.00 $191,250.00 $21,500.00 $365,500.00 $16,000.00 $272,000.00 $16,376.26 $278,396.42 $3,500.00 $49,000.00 $2,445.01 $34,230.14 $8,300.00 $116,200.00 $4,500.00 $63,000.00 $5,500.00 $77,000.00 $4,851.33 $67,918.62$4,300.00 $163,400.00 $16,190.76 $615,248.88 $9,657.00 $366,966.00 $3,250.00 $123,500.00 $8,000.00 $304,000.00 $5,232.52 $198,835.76 $275.00 $22,000.00 $85.73 $6,858.40 $159.00 $12,720.00 $110.00 $8,800.00 $320.00 $25,600.00 $270.55 $21,644.00 $30.00 $33,000.00 $8.23 $9,053.00 $50.00 $55,000.00 $28.50 $31,350.00 $20.00 $22,000.00 $57.00 $62,700.00$55.00 $24,750.00 $30.97 $13,936.50 $28.00 $12,600.00 $32.50 $14,625.00 $30.00 $13,500.00 $42.00 $18,900.00$50.00 $11,000.00 $53.13 $11,688.60 $53.00 $11,660.00 $85.00 $18,700.00 $30.00 $6,600.00 $300.00 $66,000.00 $1,100.00 $6,600.00 $1,001.64 $6,009.84 $1,161.00 $6,966.00 $1,500.00 $9,000.00 $1,500.00 $9,000.00 $4,560.00 $27,360.00 $175.00 $1,750.00 $215.04 $2,150.40 $628.00 $6,280.00 $185.00 $1,850.00 $450.00 $4,500.00 $1,080.00 $10,800.00 $2,500.00 $7,500.00 $3,959.02 $11,877.06 $6,389.00 $19,167.00 $14,000.00 $42,000.00 $12,500.00 $37,500.00 $3,000.00 $9,000.00$4,500.00 $4,500.00 $2,376.29 $2,376.29 $8,195.00 $8,195.00 $5,000.00 $5,000.00 $11,000.00 $11,000.00 $18,455.92 $18,455.92 $1,593,810.00 $1,667,077.49 $1,692,675.00 $1,716,535.00 $1,732,600.00 $2,963,017.43 $1,593,810.00 $1,667,077.49 $1,692,675.00 $1,716,535.00 $1,732,600.00 $2,963,017.43 m Engineering Construction Company, SEMA Construction, Inc. struction Co, Inc DBA Ferreira Coastal ARB, Inc. Bali Construction, Inc. SC Valley Inc
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1 Project No. 5754
CONTRACTOR AGREEMENT
By and Between
The City of Hemet,
a California municipal corporation
and
Q&E Pipeline Company
a California corporation
AGREEMENT # 2026-026
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2 Project No. 5754
CITY OF HEMET BID AND CONTRACT DOCUMENTS
CITY OF HEMET CONTRACTOR AGREEMENT # 2026-026
Sewer Main Replacement - CIP 5754
This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and Q&E Pipeline Company (“Contractor”) on the 15th day of October, 2025.
In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the Sewer Main Replacement - CIP 5754 to be constructed at the locations listed in the Notice Inviting Bids, in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
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3. TIME FOR PERFORMANCE
a) Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor
b) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Contractor shall notify the Agency in writing whenever it has reason to believe that the costs the Contractor expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Contractor shall provide the Agency a revised estimate of the total cost of performing this Agreement.
4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.
5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
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Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)
6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.
7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
8. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the
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result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties.
However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.
9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.
Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s
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compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.
Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.
13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 13, above:
(Contractor Initials) (Contractor Initials)
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14. INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.
15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.
16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City; which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
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f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.
[Signature Page Follows]
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IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Hemet
By:
Mark Prestwich, City Manager
CONTRACTOR:
Q&E Pipeline Company
By:
Name:
Its:
By:
Name:
Its:
ATTEST:
By:
John Maier, City Clerk Contractor’s City Business License No.
APPROVED AS TO FORM:
By:
Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a corporation, the signatures of two separate persons holding different offices must be provided. Contractor signatures shall be duly notarized, and appropriate attestations shall be included as may be required by the bylaws, article of incorporation, or other rules or regulations applicable to Contractor’s business entity.]
17.F.
EXHIBIT A
CONTRACT DOCUMENTS
1. City of Hemet Contractor Agreement
2. Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council
3. Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
4. Bid Schedule(s)
5. Addenda and/or Bulletins
6. Plans
7. Special Provisions (Specifications)
8. General Conditions
9. General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2024 edition as amended and supplemented
10. State Standard Specifications
11. State Standard Plans
12. Permits issued by jurisdictional regulatory agencies
13. Electric, gas, telephone, and cable television company specifications and standards
14. Notice of Award
15. Notice to Proceed
16. Certificate(s) of Required Insurance and Worker’s Compensation Insurance
17. Security for Payment (Labor & Materials) and Performance
18. Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.
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EXHIBIT B
CONTRACT PRICE
Not to Exceed Eight Hundred and Forty-Five Thousand Six Hundred Dollars ($845,600.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
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EXHIBIT C
INSURANCE
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $5,000,000 per occurrence/$10,000,000 general aggregate
Business Automobile Liability $5,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.
3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.
4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
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5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
7. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.
Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
10. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
11. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
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Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
12. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
13. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
14. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
15. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Q&E Pipeline Company as Principal, dated the 15th day of October, 2025 (the Contract), titled the City of Hemet Sewer Main Replacement - CIP 5754 in the amount of $845,600.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
Sewer Main Replacement - CIP 5754
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($845,600.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
17.F.
CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated October 15th, 2025 is in the amount of $845,600.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Q&E Pipeline Company (Contractor), (Surety), CITY OF HEMET (Owner), or other
party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Q&E Pipeline Company
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Sewer Main Replacement - CIP 5754, dated October 15th, 2025, in the amount of $845,600.00.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph
4.4 above, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4 above, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
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NO. DESCRIPTION
1 CONSTRUCT 8" PVC SDR-35 SEWER MAIN
REMOVE EXISTING SEWER LINE
CONSTRUCT 48" I.D. SEWER MANHOLE PER DETAIL 1 ON SHEET 9, AND THE C.O.H. STD. No.
S-601, S-601A, S-601B
23456789
10 LOCATE EXISTING LATERAL CONNECTION POINT, PLUG LATERAL, AND CONNECT PVC SDR-35 SEWER LATERAL HOUSE CONNECTION PER C.O.H. STD. NO. S-600, AND S-600A.
TRENCH, BACKFILL AND PAVING PER DETAIL 2 ON SHEET 9, AND THE C.O.H. STD. NO. ST-110THRU ST-110C GRIND AND OVERLAY 0.1' ASPHALT CONCRETE PER DETAIL 2 ON SHEET 9, AND THE C.O.H.
STD. NO. ST-110 THRU ST-110C
REMOVE EXISTING SEWER MANHOLE
CONSTRUCT CONCRETE ENCASED SLEEVE PER C.O.H. STD. NO. S-609CUT AND CAP ALL SEWER LATERAL AND MAIN ENDS, FLUSH AND PERFORM CCTV INSPECTION OF EXISTING SEWER MAIN, THEN SLURRY FILL AND ABANDON.
LOCATE EXISTING LATERAL CONNECTION POINT LOCATION, PLUG LATERAL, AND RECONNECT PVC SDR-35 BUILDING LATERAL PER LHMWD STD. NO. 1
EST. QTY
1,830 LF
1,200 LF
17 EA
31 EA
3,900 SF
15,700 SF
14 EA
80 LF
1,100 LF
7 EA
11 REMOVE AND REPLACE CONCRETE CROSS GUTTER PER C.O.H. STD. NO. C-212 AND C-213 450 SF12 REMOVE AND REPLACE DRIVEWAY APPROACH PER C.O.H. STD. NO. C-210, "W" AND "X" PER PLAN 220 SF13 REPLACE DISTURBED STRIPING AND MARKINGS PER CALTRANS STANDARD PLANS, STANDARD DETAIL PER PLAN 1 LS14 REPLACE DISTURBED TRAFFIC LOOPS PER CALTRANS STANDARD ES-5A & RSP ES-5B "TYPE E" 6 EA16 REMOVE AND REPLACE TYPE "D" CURB PER C.O.H. STD. NO. C-203 LF 17 REMOVE MANHOLE RINGS, LIDS AND SURFACES. FILL AND FINISH TO MATCH EXISTING SURROUNDING AREA 3 EA
10 RESURFACE/PROFILE MANHOLE BOTTOM 1 EA
15 1
CITY OF HEMET
SEWER MAIN REPLACEMENT
CITY PROJECT 5754
1. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE SPECIFICATIONS FOR THE
IMPROVEMENTS OF DEVELOPMENT WITHIN THE CITY OF HEMET IN ACCORDANCE WITH CITY OF HEMET ORDINANCES AND STANDARDS.
2. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL SECURE ALL PERMITS REQUIRED BY THE CITY OF HEMET.
3. A 72-HOUR NOTICE IS REQUIRED PRIOR TO PUBLIC WORKS INSPECTIONS CALL INSPECTION REQUEST LINE (951) 765-3860. IT SHALL BE THE RESPONSIBILITY OF THE
CONTRACTOR TO NOTIFY THE PUBLIC WORKS DEPARTMENT IN ADVANCE, PRIOR TO THECONCEALING OF EACH PHASE OF WORK SO THAT THE CONSTRUCTION INSPECTOR CAN INSPECT THE WORK BEING DONE.
4. SEWER PIPE SHALL BE POLYVINYL CHLORIDE (SDR35) AND MUST MEET SPECIFICATIONS FOR SANITARY SEWERS IN FILE IN THE CITY OF HEMET OFFICES.
5. THE CONTRACTOR SHALL PROVIDE FOR THE CONTINUED FLOW OF SEWAGE DURING CONSTRUCTION BY EITHER BY-PASSING FLOW OR OTHER METHOD APPROVED BY THECITY. THE CONTRACTOR SHALL SUBMIT A SCHEDULE SHOWING THE ORDER OF WORK TO BE PREFORMED AT THE PRE-CONSTRUCTION CONFERENCE.
6. COMPACTION OF BACKFILL TO BE A MINIMUM 90% RELATIVE COMPACTION FROM THE BOTTOM OF THE AGGREGATE BASE TO THE TOP OF THE PIPE ZONE. MATERIAL IN THEPIPE ZONE IS TO BE INSTALLED PER PVC PIPE MANUFACTURERS SPECIFICATIONS.
AGGREGATE BASE COURSE IS TO BE COMPACTED TO 95% RELATIVE COMPACTION AS PER THE SOIL REPORT RECOMMENDATIONS.
7. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO TEMPORARILY PATCH ALL UTILITY TRENCHES WITHIN EXISTING PAVED STREETS. THE TEMPORARY PATCH SHALL BEREMOVED AND REPLACED WITH A PERMANENT PATCH AT THE TIME OF A.C. SURFACINGPER CITY OF HEMET STD. NO. ST-110A AND ST-110B.
8. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT FROM DAMAGE ANY UTILITY OR OTHER APPURTENANCE THAT IS TO REMAIN IN PLACE, BE INSTALLED,RELOCATED OR OTHERWISE REARRANGED.
9. EXISTING UTILITY DEPTH AND SEPARATION ARE BASED ON ESTIMATED DEPTHS. IT SHALL
BE THE RESPONSIBILITY OF THE CONTRACTOR TO POTHOLE FOR LOCATION AND DEPTH OF ALL EXISTING UTILITY CROSSINGS PRIOR TO THE START OF WATER LINECONSTRUCTION. CONTRACTOR SHALL NOT PERFORM ANY CONSTRUCTION WORK UNTIL
ALL POTHOLING IS COMPLETE AND VERIFY THE PROPOSED WORK WILL NOT CAUSE CONFLICTS WITH EXISTING UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THECONTRACTOR FOR ALL CHANGES MADE DUE TO THE FAILURE OF POTHOLING AND VERIFYING EXISTING UTILITY CROSSINGS WITH THE CITY.
10. FIELD RESEARCH INDICATES THAT MOST LOTS HAVE UTILITY SERVICE LATERALS FROM THE MAIN LINES. CONTRACTOR IS TO VERIFY THE LOCATIONS OF THE LATERALS PRIORTO CONSTRUCTION.
11. THE CONTRACTOR WILL HOLD HARMLESS, INDEMNIFY AND DEFEND THE CITY OF HEMET,
THE OWNER, THE ARCHITECT, THE ENGINEER AND HIS CONSULTANTS, AND EACH OFTHEIR OFFICERS AND EMPLOYEES AND AGENTS, FROM ANY AND ALL LIABILITY CLAIMS,
LOSSES OR DAMAGE ARISING OR ALLEGED TO ARISE FROM THE PERFORMANCE OF WORKDESCRIBED HEREIN, BUT NOT INCLUDING THE SITE NEGLIGENCE OF THE CITY OF HEMET, THE OWNER, THE ARCHITECT, THE ENGINEER AND HIS CONSULTANTS, AND EACH OFTHEIR OFFICERS AND EMPLOYEES AND AGENTS.
12. THE FINAL PAVING COURSE FOR ROAD MIX AND A.C. SURFACE STREETS SHALL BE ONE TENTH OF A FOOT (0.1') IN THICKNESS AND A MINIMUM OF EIGHT FEET (8') IN WIDTH OR
AS WIDE AS NECESSARY TO COVER ALL BREAK-OUTS AND OVERLAP EXISTING PAVEMENT TWO FEET (2') ON EITHER SIDE OF TRENCH, WHICHEVER IS THE GREATER. THIS
REQUIREMENT ALSO APPLIES TO PAVING TIE-INS TO NEW CURBS AND GUTTER FROM ANEXISTING STREET (IN SOME INSTANCES, IT WILL BE NECESSARY TO OVERLAY A MINIMUM OF ONE-HALF THE STREET TO OBTAIN THE PROPER TIE-IN TO NEW CURB AND GUTTER.
THE AMOUNT OF SUCH OVERLAY SHALL BE DETERMINED IN THE FIELD BY THE PUBLIC WORKS INSPECTOR. THE FINAL PAVING COURSE SHALL BE LAID WITH A SELF-PROPELLED
MECHANICAL SPREADING AND FINISHING MACHINE EQUIPPED WITH TAMPER BARS AND AUTOMATIC SCREED (BARBER GREEN OR APPROVED EQUAL).
13. ALL STREET AND PARKING LOT SUBGRADE MATERIAL AND A.B. MATERIAL SHALL BE COMPACTED TO 95% DENSITY FOR THE TOP 12". BASE "R" VALUES SHALL BE OBTAINED PRIOR TO THE PLACEMENT OF ANY AGGREGATE BASE MATERIAL.
14. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE PROJECT
ENGINEER AFTER THE BASE COURSE BEFORE THE STREETS HAS BEEN PLACED ANDBEFORE THE PAVING HAS BEEN INSTALLED SO THAT THE CONTRACTOR MAY INSTALL THE STREET CENTERLINE MONUMENTS.
15. ASPHALT CONCRETE PAVING SHALL COMPLY WITH SECTION 203-1 OF THE STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION, CURRENT EDITION.
16. CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA 811, 48 HOURS PRIOR TO ANY EXCAVATION.
17. CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS, DIMENSIONS, ANGLES, AREAS, HEIGHTS, ELEVATIONS, AND RADII ON THE PLANS. EXISTING CONDITIONS, WHICH ARE
CONTRARY TO THOSE SHOWN ON PLANS, SHALL BE VERIFIED WITH THE CITY ENGINEER BEFORE PROCEEDING WITH WORK.
18. ALL WORK SHALL CONFORM TO THE PLANS AND SPECIFICATIONS IN ALL RESPECTS AND SHALL BE SUBJECT TO APPROVAL OF THE CITY ENGINEER.
19. ALL AVAILABLE RECORDS OF THE CITY AND UTILITY COMPANIES INVOLVED HAVE BEEN INVESTIGATED AND ALL KNOWN SUBSTRUCTURES ARE SHOWN. HEREON THE
CONTRACTOR SHALL EXERCISE EXTREME CARE DURING EXCAVATION AND DURING THECOURSE OF THE PROJECT TO PREVENT DAMAGE TO EXISTING UNDERGROUND AND ABOVE GROUND UTILITIES AND IMPROVEMENTS. IT SHALL BE THE RESPONSIBILITY OF
THE CONTRACTOR TO LOCATE ALL SUBSTRUCTURES WHETHER ON THE PLANS OR NOT, AND PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR THE TOTAL
EXPENSE OF REPAIR OR REPLACEMENT OF SAID SUBSTRUCTURE BY THIS OPERATION IN CONNECTING WITH THE PROSECUTION OF THIS WORK.
20. ALL CONFLICTING IMPROVEMENTS, UTILITIES AND MATERIALS SHALL BECOME THE PROJECT LIMITS BY THE CONTRACTOR AT NO COST TO THE CITY, UNLESS OTHERWISENOTED ON THE PLANS OR IN THE SPECIFICATIONS.
21. THE CONTRACTOR SHALL PROTECT ALL EXISTING CITY TRAFFIC AND STREET NAME SIGNS AND SHALL REPLACE ANY DAMAGED SIGN AT NO COST TO THE CITY.
22. ALL SEWER, WATER AND UTILITY TRENCH AND REPAVED SHALL BE PER CITY OF HEMET STANDARD ST-110, ST-110A, AND ST-110B.
23. ALL BASE SHALL BE CLASS 2 CRUSHED AGGREGATE BASE ONLY. NO RECLAIMED OR MISCELLANEOUS MATERIALS ALLOWED.
24. ALL SEWER LINE CONSTRUCTION SHALL BE INSPECTED AFTER THE INSTALLATION WITH A MOBILE TELEVISION INSPECTION UNIT AT THE CONTRACTOR'S EXPENSE. VIDEO LOGS
SHALL BE DIGITALLY FORMAT AND SUBMITTED TO THE PUBLIC WORKS DEPARTMENT FOR
REVIEW PRIOR TO THE APPROVAL OF THE FACILITIES
25. SEWER INSTALLATION AND CONSTRUCTION SHALL COMPLY WITH REQUIREMENTS OF
STANDARDS OR SPECIFICATIONS FOR SANITARY SEWERS FILED IN THE CITY OFFICES, CITY OF HEMET SEWER MAINS SHALL BE LOCATED 5' NORTH OR EAST OF CENTERLINE OR AS SHOWN ON PLANS.
26. ALL WATER SEPARATIONS REFER TO STATE OF CALIFORNIA HEALTH DEPARTMENT
REQUIREMENTS
27. CONTRACTOR TO LOCATE AND VERIFY ALL LATERALS PRIOR TO CONSTRUCTION28. CONTRACTOR TO FLUSH AND CCTV MAINS TO BE ABANDONED PRIOR TO CAPPING AND
SLURRY FILL
29. CONTRACTOR TO PERFORM CCTV INSPECTION IN ACCORDANCE WITH NASSCO
GUIDELINES
30. THE CONTRACTOR SHALL REPLACE ALL SIGNING AND STRIPING DISTURBED OR
DESTROYED DURING CONSTRUCTION
SEWER GENERAL NOTES SEWER GENERAL NOTES CONT.
CITY OF HEMET BOUNDARY
SAN DIEGO
CANAL
DOMENIGONI
PKWY
WINCHESTER
RD
N SAN JACINTO
ST
LOCATION MAP
INDEX MAP N
SHEET INDEX
SHEET 1 TITLE SHEETSHEET 2 SANTA FE ST
FROM 175 FT NORTH OF ACACIA AVE TO STA 14+00
SHEET 3 SANTA FE ST
FROM STA 14+00 TO STA 18+00
SHEET 4 SANTA FE ST
FROM STA 18+00 TO FLORIDA AVE
SHEET 5 GILMORE STSHEET 6 WESTON PLSHEET 7 SAN JACINTO STSHEET 8 MANHOLE REHABILITATIONSHEET 9 DETAILS N
NOTIFICATIONS
CONTRACTOR SHALL NOTIFY THE FOLLOWING UTILITY COMPANIES AND AGENCIES AT LEAST 48 HOURS PRIOR TO COMMENCING CONSTRUCTION.
CITY OF HEMET (951) 765-3712CITY OF SAN JACINTO (951) 487-7342 EASTERN MUNICIPAL WATER DISTRICT (951) 928-3777, EXT. 4830 SOUTHERN CALIFORNIA GAS COMPANY 811
VERIZON TELEPHONE COMPANY 811
SOUTHERN CALIFORNIA EDISON COMPANY 811
UNDERGROUND SERVICE ALERT 811
GILBERT
ST
N.T.S.N.T.S.
VICINITY MAP
N
N.T.S.
TITLE SHEET OF SHEETS
FILE NO.
SCALE:DATE:
BENCHMARK:
DATE:PREPARED UNDER THE SUPERVISION OF:
445 E. FLORIDA AVENUEHEMET, CA 92543(951) 765-2360
EA# E#
APPROVED BY:
NOAH RAU, RCE 74686PUBLIC WORK DIRECTOR
DATE: DESIGNED BY: DRAWN BY: CHECKED BY:
DATE:
REVISIONS:
NO: BY:
CITY ENGINEER
9 AS SHOWN
DJ DJ
N/A
1-800-227-2600 OR 811
UNDERGROUND SERVICE ALERT
Call: TOLL FREE
TWO FULL WORKING DAYS
BEFORE YOU DIG
C:\Users\DJaimes\OneDrive - City of Hemet\Engineering\CIP\In Design\5754 -W22 Citywide Sewer Main Replace\DESIGN\5754- Sewer Main Replacement\CADD\Sewer\CADD\5754_G-1 SEWER MAIN REPLACEMENT CIP NO. 5754 5754 TH TRAVIS HOLYOAK WATER/WASTEWATER SUPERINTENDENT
W FLORIDA
AVE
STATE ST
STETSON
AVE
DEVONSHIRE
AVE
MENLO
AVE
CHARLTON
AVE
PARK
AVE
ESPLANADE
AVE
KIRBY
ST
SANDERSON
AVE
CAWSTON
AVE
PALM
ST
PROJECT
LOCATIONS
STATE
ST
BUENA VISTA
ST
SANTA FE
ST
SAN JACINTO
ST
DEVONSHIRE
AVE
LATHAM
AVE
FLORIDA
AVE
KIMBALL
AVE
ACACIA
AVE
CENTRAL
AVE
MAYBERRY
AVE
WHITTIER
AVE
PALM
AVE
LYON
AVE
GILMORE
ST
SEE SHEETS 2-4
SEE SHEETS 6-7
SEE SHEETS 5
SEE SHEETS 8
08/18/2025
08/18/2025
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Oct 14 2025
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Purchase Agreement for 4.17 Acres of Land (APN 456-020-010) on behalf of the City of Hemet from the Successor Agency to the Redevelopment Agency for the County of Riverside and Authorize the Administrative Services Director to Establish General Fund Appropriations in the Amount of $140,000 to Complete the Purchase
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to execute a Purchase Agreement for 4.17 Acres of Land (APN 456-020-010) on behalf of the City of Hemet from the Successor Agency to the Redevelopment Agency for the County of Riverside and Authorize the Administrative Services Director to Establish General Fund Appropriations in the amount of $140,000 to complete the purchase.
BACKGROUND:
The subject property with APN 456-020-010 is located west of the City of Hemet Fire Station No. 4 at 1035 S. Cawston Ave, Hemet, CA 92545. The 4.17-acre parcel is flat and triangular in shape and is located to the north of W. Stetson Ave, and to the south of Walden Weaver Rd along the Riverside County flood control drainage canal. The parcel has direct access from S. Cawston Ave to the north of the Fire Station.
ANALYSIS:
An independent appraisal was conducted on the subject property, which returned a price range of $140,000 to $200,000 for the valuation of the parcel. The City of Hemet Public Works Department coordinated a soil test on the property, which then came back clear of any hazardous materials.
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While there are currently no formal decisions made regarding the future use of the subject property, this acquisition would present an opportunity to expand the City's existing Fire training facility and infrastructure to support local and regional training needs, as well as potentially K-9 and other related Police training opportunities.
STRATEGIC PLAN INTEGRATION:
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 1: Deliver messaging to the Community that connects, is consistent, and relevant.
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 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.
FISCAL IMPACT:
Authorization to appropriate $140,000 from General Fund reserves for this purchase is included in the attached Resolution.
ATTACHMENT(S):
Attachment 1: A Resolution Authorizing City Manager to Purchase APN 456-020-010_2025-333 Attachment 2: Purchase and Sale and Joint Escrow for APN 456-020-010
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HEMET ORDINANCE NO. XXX
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CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ADDING ARTICLE VII
(“RECREATIONAL VEHICLES”) TO CHAPTER 78
(“TRAFFIC AND VEHICLES”) OF THE HEMET MUNICIPAL
CODE, ESTABLISHING AN ABANDONED
RECREATIONAL VEHICLE AND MOTORHOME TOW
ROTATION PROGRAM
WHEREAS, the City of Hemet (“City”) has experienced a significant increase in the number of abandoned, dismantled, and inoperable recreational vehicles (“RVs”) and motorhomes on public and private property within the City; and WHEREAS, pursuant to California Vehicle Code sections 22660 through 22669, cities are authorized to remove and dispose of abandoned, wrecked, dismantled, or inoperative vehicles, including RVs and motorhomes; and WHEREAS, the City Council finds that establishing a rotational towing, storage, and dismantling program specifically for abandoned RVs and motorhomes will ensure consistent, fair, and timely abatement of such vehicles while promoting compliance with state environmental and disposal regulations; and
WHEREAS, the City Council further finds that adoption of this ordinance will help maintain public safety, protect environmental quality, and enhance the general welfare of the residents of Hemet by reducing bright and nuisance conditions associated with abandoned, dismantled, and inoperable RVs and motorhomes; and WHEREAS, the City Council now desires to add Article VII (“Recreational Vehicles”) to Chapter 78 (“Traffic and Vehicles”) of the Hemet Municipal Code to establish procedures, definitions, and standards governing the Abandoned RV/Motorhome Tow Rotation Program.
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HEMET ORDINANCE NO. XXX
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council determines that the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. CEQA. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project), and Section 15061(b)(3) (no significant environmental impact).
SECTION 3. Municipal Code Amendment.
CHAPTER 78, ARTICLE VII RECREATIONAL VEHICLES is hereby added to read as follows:
Sec. 78-300 – Purpose
The purpose of this article is to establish a rotational towing program specifically for the towing, storage, and ultimate dismantling or disposal of abandoned recreational vehicles (RVs) and motorhomes within the City of Hemet. The City Council declares the proliferation of abandoned, dismantled, and inoperable RVs and motorhomes to be public nuisances that require abatement through a rotational towing program. This program is intended to ensure the timely removal of abandoned RVs/motorhomes, provide secure storage pending lien sale or abatement proceedings, and ensure proper dismantling or demolition in compliance with state law and environmental regulations.
Sec. 78-301 – Definitions
For purposes of this article, the following terms, phrases, words, and derivations shall have the meaning given in this section:
“Abandoned RV or Motorhome” means any recreational vehicle or motorhome that has been determined by the police department or code enforcement to be abandoned, inoperable, or dismantled, pursuant to California Vehicle Code section
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HEMET ORDINANCE NO. XXX
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22660-22669 and applicable city ordinances.
“City” means the City of Hemet.
“Police Chief” means the Chief of Police of the Hemet Police Department or designee.
“Dismantler” means a towing provider properly licensed under California Vehicle Code Section 11550 et seq. to dismantle or demolish vehicles. “Primary storage yard” means a securely fenced and enclosed yard, located within city-approved zip codes, of sufficient size to accommodate large RVs/motorhomes pending lien sale or dismantling.
“Towing provider” means a towing company, including its owners, managers, or employees, that participates in the abandoned RV rotation list.
Sec. 78-302 – Requirements for Towing
(a) The City shall issue a Request for Qualifications (RFQ) specific to abandoned RVs/motorhome abatement. Responses to the RFQ shall be due no earlier than twenty (20) days following posting of the notice as required herein. (b) The Police Chief shall evaluate responses, considering:
(1) Valid DMV dismantlers license and Motor Carrier Permit. (2) Experience handling oversized vehicle towing and storage. (3) Secure storage yard capacity for large RVs/motorhomes. (4) Ability to properly dismantle/dispose in compliance with DMV, CHP, and environmental regulations.
(5) Response times, availability, and rates.
(c) Qualified providers shall be recommended to the City Council for approval and contract execution. Selected towing providers shall be entered into an Abandoned RV/Motorhome Tow Rotation List.
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HEMET ORDINANCE NO. XXX
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Sec. 78-304 – Towing Provider Requirements
(a) All towing providers participating in the abandoned RV/Motorhome rotation program must:
(1) Maintain all licensing required under the California Vehicle Code, including tow truck driver certificates and dismantler’s license (CVC §§ 11500 - 11541).
(2) Provide proof of environmental compliance for disposal of fluids, batteries, refrigerants, and other hazardous wastes generated by RV dismantling. (3) Maintain proper insurance, including garage keeper’s liability and environmental liability coverage.
(4) Provide a secure storage yard located within designated zip codes and capable of storing multiple large RVs.
(5) Respond within forty-five (45) minutes of dispatch for abandoned RV/motorhome calls.
(6) Agree not to release, lien, sell, or dismantle a vehicle without City authorization and DMV-compliant notice procedures.
(7) Enter into a one-year service agreement with the City, renewable at the City’s sole discretion.
Sec. 78-305 – Tow Rotation List Program
(a) The Police Chief shall establish and maintain an Abandoned RV/Motorhome Tow Rotation List. The Abandoned RV/Motorhome Tow Rotation List shall be separate from, and in addition to, any other towing rotation program organized by the City.
(b) Towing providers shall be called in rotation. After completing a service, the
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provider shall move to the bottom of the list.
(c) If a provider fails to respond, lacks equipment, or is unable to complete a tow, they will be considered to have taken their turn and will be moved to the bottom of the list.
(d) The Chief of Police may request services from a towing provider who is not on-call if the Police Chief deems a situation to exist such that additional towing services are necessary to adequately meet the needs of the City or its Police Department.
Sec. 78-306 – Fees and Costs
The City Council may adopt by resolution a uniform fee schedule covering towing, storage, and dismantling of abandoned RVs/motorhomes. Towing providers may not charge additional or unauthorized fees to vehicle owners or lienholders.
Sec. 78-307 – Authority to Tow
Abandoned RVs and motorhomes are public nuisances and shall be towed and disposed of pursuant to the procedures contained in Division 2, Article II, of Chapter 30 of this code and consistent with the requirements of California Vehicle Code sections 22660-22669.
Sec. 78-308 – Disciplinary Action
Towing providers may be reprimanded, suspended, or terminated from the program for:
(1) Failure to maintain required licenses or insurances. (2) Failure to respond to abandoned RV/motorhome calls. (3) Improper or unlawful dismantling/disposal.
(4) Fraud, overcharging, or environmental violations.
Discipline shall be administered by the Police Chief with notice to the provider.
Sec. 78-309 – Appeals
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A provider disciplined under this article may appeal to an independent hearing officer pursuant to City code hearing procedures.
Sec. 78-310. – Requirements for towing.
No person shall provide towing services for the City or its Police Department without first complying with the provisions of this article.
Sec. 78-311 – Penalties
Violations of this article constitute a public nuisance and may result in suspension or termination from the rotation list, and any other remedies available under law or equity.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Clerical Errors. The City Council directs the City Clerk to correct any clerical errors found in this Ordinance, including, but not limited to, typographical errors, irregular numbering, and incorrect section references.
SECTION 6. Publication. The City Clerk is authorized and directed to cause this Ordinance to be published in any manner authorized by law.
SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
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Introduced at the Regular Meeting of Hemet City Council this ____ day of ______, 2025.
Approved and Adopted this _____ day of ________, 2025.
_____________________________________
Jackie Peterson, Mayor
ATTEST:
________________________________
John Paul Maier, City Clerk
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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 Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was introduced at a regular meeting of the City Council on the 14th day of October 2025.
AYES:Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
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John Paul Maier, City Clerk
17.G.
1 AGREEMENT OF PURCHASE AND SALE
AND JOINT ESCROW INSTRUCTIONS
Location: Hemet, CA
APN No: 456-020-010
Project: Hemet Ryan Property at Stetson
Avenue and Cawston Avenue
Escrow No.
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of this ____ day of ___________ 2025, and constitutes an agreement by which the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR THE COUNTY OF RIVERSIDE, a public entity (“Seller”), agrees to sell to the City of Hemet, a California municipal corporation (“Buyer”), and Buyer agrees to purchase, on the terms and conditions hereinafter set forth, that certain real property described in the “Legal Description” attached hereto as Exhibit “A” and incorporated herein by this reference, and shown on the “Property Map” attached hereto as Exhibit “B” and incorporated herein by this reference, together with all Improvements, if any, as hereinafter defined (collectively, the “Property”).
RECITALS
WHEREAS, Assembly Bill No. x1 26, as modified by Assembly Bill No. 1484 (“Dissolution Act”), added Parts 1.8 and 1.85 to Division 24 of the California Community Redevelopment Law (Health and Safety Code sections 33000 et seq., the “CRL”). The Redevelopment Agency for the County of Riverside (“RDA”) was dissolved on February 1, 2012 such that the RDA is now deemed a former redevelopment agency under Health and Safety Code section 34173; and WHEREAS, Pursuant to the Dissolution Act all authority, rights, powers, duties and obligations of the former RDA under the CRL (except for housing assets and functions) have been vested in Seller; and
WHEREAS, Seller now owns the Property and desires to convey the Property to Buyer and Buyer desires to acquire the Property from Seller pursuant to the CRL and Dissolution Act, and the terms and provisions set forth below.
The terms and conditions of this Agreement and the instructions to Lawyers Title Company, Attn: Teri Malcolm-Napier or such other title or escrow company mutually agreed to by the parties (“Escrow Holder”) with regard to the escrow (“Escrow”) created pursuant hereto are as follows:
1. Property. The Property to be acquired by Buyer from Seller under this Agreement consists of vacant land approximately 2.56 acres total in size, located alongside Stetson Avenue and Cawston Avenue in Hemet, California, also known as Assessor’s Parcel Number 456-020-010 and Improvements, if any, located on the Property. Seller currently owns fee title to the Property and all of the Improvements. For purposes of this Agreement, the term “Improvements” shall mean and include all buildings, structures, improvements, pavement, areas improved with asphalt, concrete or similar
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materials, and fixtures and equipment installed upon or located in or on the Property. For purposes of this Agreement, the term “Property” shall mean and include the above-referenced parcel of land, the Improvements, and all singular estates, rights, privileges, easements and appurtenances owned by Seller and belonging or in any way appertaining to the Property. The Property is subject to the CRL and the Dissolution Act.
a. Recitals. The Recitals set forth above are true and correct and incorporated herein by this reference.
2. Acquisition.
a. Board of Supervisor’s Approval. The conveyance of the Property by Seller shall be subject to the approval of Seller’s Board of Supervisors. b. Purchase Price. The purchase price to be paid by Buyer to Seller for the Property shall be One Hundred Forty Thousand 00/100 Dollars ($140,000) which Seller and Buyer agree is the fair market value of the Property based on an Appraisal Report prepared by Michael J. Francis, MAI.
3. Payment of Purchase Price. The Purchase Price for the Property shall be payable by Buyer as follows:
a. Buyer’s First Deposit. On the Opening Date (defined below), Buyer shall deposit Four Thousand Two Hundred 00/100 Dollars ($4,200) (the “First Escrow Deposit”) with the Escrow Holder. The First Escrow Deposit shall be refundable in full if Buyer terminates the Escrow prior to the expiration of the Due Diligence Period (as defined below) and absent an uncured default by Buyer. b. Closing Funds. Within Five (5) days prior to Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in cash or by a certified or bank cashier’s check made payable to Escrow Holder or a confirmed wire transfer of funds, the balance of the Purchase Price after application of the First Escrow Deposit. All escrow, recording and title insurance costs shall be paid by Buyer in accordance with Paragraph 10 below.
4. Escrow.
a. Opening of Escrow. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received an executed counterpart of this Agreement from both Buyer and Seller (“Opening Date”). Escrow Holder shall notify Buyer and Seller, in writing, of the Opening Date and the Closing Date, as defined in Paragraph 4.b, below. In addition, Buyer and Seller agree to execute, deliver, and/or be bound by any reasonable or customary supplemental joint order escrow instructions of either party, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend, or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, then this Agreement shall control.
b. Close of Escrow. For purposes of this Agreement, “Close of Escrow” shall be defined as the date the Grant Deed, the form of which is attached hereto as Exhibit “C” and incorporated
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herein by this reference (“Grant Deed”) conveying the Property to Buyer, is recorded in the Official Records of Riverside County, California. The Close of Escrow shall occur on or before thirty days (30) days after the expiration of the Due Diligence period, unless extended in writing by the mutual written agreement of the parties (“Closing Date”). In the event the Close of Escrow does not occur thirty days (30) days after the expiration of the Due Diligence period, Escrow Holder shall deposit the First Escrow Deposit and any other funds deposited by Buyer to be used towards the Purchase Price and the Escrow, in an interest-bearing account. Any interest accrued in such account shall be applied toward payment of the Purchase Price and any remaining balance shall be returned to Buyer upon the Close of Escrow. c. Due Diligence Period. Buyer shall have sixty (60) days from the Opening Date (“Due Diligence Period”) to inspect the Property and Due Diligence Materials. In the event Buyer finds the Property unsatisfactory for any reason, Buyer shall notify Seller and Escrow Holder in writing prior to expiration of the Due Diligence Period. Thereafter, Buyer and Seller shall have no obligation to each other (except as otherwise set forth herein) and Buyer shall be entitled to the return of its First Escrow Deposit. In the event of a cancellation of Escrow caused by Buyer, Buyer shall pay any Escrow cancellation fees.
5. Conditions of Title. It shall be a condition to the Close of Escrow and a covenant of Seller that Seller shall convey good and marketable fee simple title to the Property by the Grant Deed, subject only to the following approved conditions of title (“Approved Condition of Title”):
a. A lien to secure payment of real estate taxes, not delinquent; b. Matters created by or with the written consent of Buyer; and c. Exceptions which are disclosed by the Title Report described in Paragraph 7.a.(1) hereof and which are approved or deemed approved by Buyer in accordance with Paragraph 7.a.(2) hereof.
6. Title Policy. Title shall be evidenced by the willingness of the Title Company to issue its CLTA Policy of Title Insurance (“Title Policy”) in the amount of the Purchase Price showing title to the Property vested in Buyer subject only to the Approved Condition of Title.
7. Conditions to Close of Escrow.
a. Conditions to Buyer’s Obligations. The Close of Escrow and Buyer’s obligation to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions for Buyer’s benefit or prior to the dates designated below for the satisfaction of such conditions:
(1) Due Diligence Materials/Title. Within fifteen (15) business days of the Opening Date, Seller will deliver to Buyer copies of the following items, if and to the extent such items are in Seller’s possession (collectively referred to herein as the “Due Diligence Materials”): (i) a Preliminary Title Report dated July 26, 2023 (“Title Report”) for the Property and legible copies of all documents, whether recorded or unrecorded, referred to in the Title Report; and (ii) any and all environmental reports relating to the Property.