CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINE,ERING
CONTRACT
LOS ALAMOS ROAD, ANTELOPE ROAD, AND ELM STREET
PAW ME NT REHABILITATIO N :
CIP NO. 13047, CITY PROJECT NO.23-478
THIS CONTRACT, made and entered into the day of
between the Citv of Murr
R-.I. NOBI,E COMPANY
ieta, a municipal corporation, hereinafter referred to as ' hereinafter referred
2025,by and
'CITY," and
to as
.CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Special Provisions entitled "Los Alamos Road, Antelope Road and Elm Street Pavement Rehabilitation, CIP No. 13047, City Project No. 23478",Insurance Forms, this Contract, and all modifications and amendments thereto, and the 2015 version ofthe Standard Specifications for Public Works Construction, Parts 1 through 8, with the exception of Part 7, "Street Lighting and Traffic Signal Systems," and the addition of the Department of Transportation, State of California State Standard Specifications, Section 86, "Signals, Lighting and Electrical Systems," and Section 56, "Signs," and the Caltrans 20lE Standard Plans. The 2018 edition of the Standard Specifications for Public Works Construction (Green Book) will control the installation of ARAM. The 2024 edition of the Standard Specifications for Public Works Construction (Green Book) will control the installation and operation of Cold Central Plant Recycling (CCPR) The Los Alamos Road, Antelope Road, and Elm Street Pavement Rehabilitation Plans consist of:
Improvement Plans:
Sheet l: Title Sheet
Sheets 2 - 3: Detail Sheets and Construction Notes
Sheets 4 - 9: Street Rehabilitation Plans
Sheets l0 - 15: Signing & Striping Plans
Traflic Control Plans:
Sheets I - 5: Traf{ic Control Plans for Los Alamos Road (Appendix E) Curb Ramp Exhibits:
Los Alamos Road at Gibraltar/Parkcrest Curb Ramp Replacement (Exhibit A) Antelope Road at Heritage Marketplace Curb Ramp Replacement (Exhibit B) 1 Copies of the Standard Specifications for Public Works Construction are available from the publisher:
Building News, Inc. (BNi)
990 Park Center Drive, Suite E
CoNTRACT C-1 6t21t2025
SlEng\CIPU3-4?8 Los Alamos, Antelope, Cherry. Elm Pavem€nt R€habilitation (CIP 13047)\00-Desrgn Documents\Specifications\Specifications - CIP 13047 Pavement Rehabilitarion Los Alamos Antelope Elm - FINAL Ldocx CITY OF MURRIETA, DEPARTMENT OF PT]BLIC WORKS/ENGINEERING The aforementioned Standard Specifications will control the general provisions, construction materials, construction methods and altemate materials for this Contract except as amended by the Plans and Specifications of this Contract.
In case of conflict between the Standard Specifications for Public Works Construction or State Standard Specifications, and the remaining Contract Documents, the remaining Contract Documents shall take precedence over and be used in lieu of such conflicting portions.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be fumished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals. and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.
PE OF WORK. CONTRACTOR shall perform the work as shown on the Contract2 Drawings, shall fumish all the labor, materials. necessary tools. expendable equipment. and all utility and aansportation services required for the completion ofthe following project:
LOS ALAMOS ROAD, ANTELOPE ROAD, AND ELM STREET
PAVE M E NT RE IA B I LITAT I O N :
CIP NO. 13047, CITY PROTECT NO. 23-478
All of said work to be performed and materials to be fumished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor , materials, tools, equipment. and services shall be fumished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives.
4. CONTRACT AMOL,]NT AND SCHEDULE. CITY agrees to pay and Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for fumishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 6124t2025
vista, cA 92081
(760) 734-1113
www.hnibooks.com
CONTRACT C-2
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CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING The work to be performed shall be completed within seventy-five (75) working days after execution of Contract and Notice to Proceed has been issued, commencing upon the date stated in the Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY.
E RDERS All change orders shall be approved by the City Council, except that the City Manager or his/her designee is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed fifteen (15) percent of this Contract amount and the City Manager or his designee shalt notif City Council in a public meeting if changes or additions to the work exceed ten (10) percent of this Contract amount.
6. PAYN4ENTS/ACCEPTANCE OF WORK. The text of Subsection 9-3.2 of the Standard Specifications for Public Works Construction is hereby deleted and replaced with the following:
The closure date for the purpose of making partial progress payments will be the last day of each month. CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to CITY for approval by the tenth (lOth) day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full five percent (5%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part ofthe work.
Upon completion of the work, CONTRACTOR shall so notifu Engineer, in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit 'CONTRACTOR'S AFFIDAVIT." Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship that do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to CONTRACTOR. Final determination of acceptability shall be made by CITY. Upon acceptance of the work, CITY shall file a Notice of Completion. The conditions of the guarantee shall commence on the date that CITY files a Notice of Completion. CITY shalt make final payment to CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion.
The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other la*f,il amounts as the terms ofthis Contract describe.
7. LIOUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Govemment Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum ofone thousand dollan ($1,000) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notiry CITY of any such delay.
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5.C
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING
8. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under paragraph 6 above. CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR ofthe final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to provisions ofSection 1773 ofthe Labor Code ofthe State of Califomia. the City Council has obtained the general prevailing rate ofper diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Murrieta.
CONTRACTOR shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and I 8 I 5 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer. worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him. in violation ofthe provisions ofthe Contract.
10. woRKE N LIABILITY INSURANCE. CONTRACTOR, by
executing this Agreement, hereby certifies:
"l am aware of the provision of Section 3700 of the Labor Code that requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of that Code. and I will comply with such provisions before commencing the performance ofthe work ofthis Contract." II. TIMEOFTHE ESSENCE. Time is of the essence in this Contract.
12. INDEMNI ICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnift, hold harmless, and defend CITY, its oflicers. employees, and agents against any and all liability. injuries, or death of persons (CONTRACTOR's employees included) and damage to Property, arising directly or indirectly out of the obligations herein undertaken or out ofthe oPerations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of CITY.
CONTRACTOR ,S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution ofthe work under this Contract, as a result offailure to make ooNTRACT c-4 612412025
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13. CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes olleuing this Contract out to bid will be accepted as an excuse for any failure or omission on the part of CONTRACTOR to fulfilt in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
14. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Conract or securing favorable treatment with respect thereto.
15. CONFLICT OF INTEREST CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparer of the Drawings and Specifications for this project.
CONTRACTOR further warrants that no person in his employ has been employed by CITY within one (l) year of the date of Notice Inviting Bids.
16. CONTRACTOR'S AFFIDAVIT. After completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in fult, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provisions of the laws of the State of Califomia. t7. s T F CONTRACTOR
Comorations:
The signature must contain the name ofthe corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu ofthe above ifa certified copy ofa resolution ofthe corporate board ofdirectors so authorizing them to do so is on file in the City Clerk's office.
PartnershiDs:
Names of all persons comprising the partnership or co-partnership must be stated. Bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy ofa certificate of pannership acknowledging signer to be a general partner is presented to the City Cterk, in which case the general partner may sign.
Bids submitted as joint ventures must so state and be signed by each joint venturer Individuals:
CONTRACT C.5
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Joint Ventures:
CITY OF MURRIETA, DEPARTMENT OF PTIBLIC WORKS/ENGINEERING Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attomey is on file in the City Clerk's office, in which case said person may sign for the individual.
The above rules also apply in the case of the use ofa fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.
18. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by CITY to ensure performance under the Contracl. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a State or Federally chartered bank or an escrow agent who shall pay such monies to CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attomey's office.
19. RESOLUTION OF CLAIMS. In the event of any dispute or controversy with the City over any matter whatsoever. the Contractor shall not cause any delay or cessation in or ofwork, but shall proceed with the performance ofthe work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the Parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
Section 20104 et seq. of the Catifornia Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 ofthe Califomia Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes ofthese procedures, "claim" means a separate demand by the Contractor, after the City has denied Contractor's timely and duly made request for payment for extra work and/or a time extension. for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment ofwhich is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims govemed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Contract for the filing of CoNTRACT C€ 6t24t2025
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CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
(b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim (iv) Statement of grounds for the claim.
(v) Analysis of the claim's cost, if any.
(vi) Analysis of the claim's time/schedule impact, if any (c) City's Response. Upon receipt ofa claim pursuant to this section, City shall conduct a reasonable review ofthe claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statement identifring what ponion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement.
(i) Ifthe City needs approval from the City Council to provide the Contractor a written statement identifuing the disputed portion and the undisputed portion ofthe claim, and the City Council does not meet within the 45 calendar days orwithin the mutually agreed to extension oftime following receipt ofa claim sent by registered mail or certified mail, retum receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifring the disputed portion and the undisputed ponion.
(ii) Within 30 calendar days of receipt of a claim. the City may request in wdting additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. Ifadditional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual Contract of City and the Contractor.
(iii) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) a{ter receipt of the further documentation, or within a period of time no CONTRACT C-7
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CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(e) Mediation. Within l0 business days following the conclusion of the meet and confer conference. if the claim or any portion of the claim remains in dispute, the City shatl provide the Contractor a written statement identifuing the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion ofthe claim shall be processed and made within 60 calendar days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within l0 business days after the disputed portion ofthe claim has been identified in writing, unless the Parties agree to select a mediator at a later time. (i) If the Parties cannot agree upon a mediator. each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Parry shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes ofthis section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board. in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance ofan evaluation. Any mediation utilized shall conform to the timeframes in this section.
(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (f) City's Responses. The City's failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits ofthe claim or the responsibility of qualifications of the Contractor. City's failure to respond shall not waive City's rights to any subsequent procedures for the resolution ofdisputed claims.
CoNTRACT C{ 6124t2025
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(iv) All unresolved claims shall be consideredjointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING (g) Govemment Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Govemment Code section 900 et seq. prior to filing any lawsuit against the City. Such Govemment Code claims and any subsequent lawsuit based upon the Govemment Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Govemment Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Govemment Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Govemment Code claim, including any required mediation. A Govemment Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Govemment Code claim is submitted. For purposes of Govemment Code section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied. including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
(h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 calendar days, but no earlier than 30 calendar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement ofthe action in accordance with Public Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within l5 calendar days by both Parties ofa disinterested third person as mediator. shall be commenced within 30 calendar days of the submittal, and shall be concluded within l5 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation ofboth Parties. If the Parties fail to select a mediator within the l5day period, either Party may petition the court to appoint the mediator.
(iD Ifthe matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section I l4l.l0) of Title 3 of Part 3 of the Code of Civil Procedure. notwithstanding Section ll4l.ll of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates ofpay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
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CITY OF MURRIETA, DEPARTMENT OF PTIBLIC WORKS/ENGINEERING (iv) In addition to Chapter 2.5 (commencing with Section I l4l .10) of Title 3 of Part 3 ofthe Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorablejudgment shall, in addition to payment ofcosts and fees under that chapter. pay the attomey's fees ofthe other Party arising out of the trial de novo,
20 NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY.
21. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereofas may be engaged in the performance ofthis Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of CITY.
22. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to Califomia Govemment Code Section 4215.
23. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
24. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation oftrenches required by the scope ofthe work in accordance with Labor Code Section 6705.
A. CONTRACTOR shall, without disturbing the condition, notifu CITY, in writing, as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, ofthe discovery of any ofthe following conditions:
(l) The presence of any material that CONTRACTOR believes is hazardous waste, as defined in Section 251l7 ofthe Health and Safety Code;
(2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
(3 ) Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
C. CITY shall promptly investigate the reported conditions. If CITY, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR's CONTRACT C.lO
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CITY OF MURRIETA, DEPARTMENT OF PT]BLIC WORKS/ENGINEERING cost of, or time required for, performance of any part ofthe work, then CITY shall issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR's cost of, or time required for. performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights that pe(ain to the resolution of disputes and protests between the parties.
25. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the work.
26. DISCRIMINATI . CONTRACTOR represents that it has not. and agrees that it will not, discriminate in its employment practices on the basis ofrace, creed. religion, national origin, color, sex, age, or handicap.
27. GOVERNING LAW. This Contract and any dispute arising hereunder shall be govemed by the law of the State of Califomia.
28. WRITTEN NOTICE. Any wriuen notice required to be given in any part ofthe Contract Documents shall be perlormed by depositing the same in the U.S. Mai[. postage prepaid, directed to the address of CONTRACTOR as set forth in the Contract Documents, and to CITY addressed as follows:
Robert K. Moehling, P.E.
Director of Public Works
City of Murrieta
I Town Square
Murrieta, C A 92562
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CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
DATED: o7ll5/2025 CoNTRACT0R:
By, X
Print or type NAME
VICE PRESIDENT
Print or type TITLE
714-637-t550
Phone Number
By:X
JENNIF M. VEGA
Print or type NAME
SECRETARY
Print or type TITLE
714-637-1550
Phone Number
DATED: CITYOFMURRIETA
By'-
APPROVED AS TO FORM:
Tiffany Israel, City Anomey
ATTEST:
Cristal McDonald. City Clerk
CONTRACT C-12
SlEngiCIPU34TS I-os Alamos, AnLlope. Chcrr-v, Elm Pavemenl Rlhabilitation (CIP l3H7)\00-DcsiSn Do.umenblspccificatrons\Sp€cificatrons - CIP 13047 Pavernent Rchabilihrion Los Alamos Antelope Elm - FINAL l.docx 6t24t2025
,w/il,o-
STEVEN t.rdNo&A
Anotary public or other officer completing this certificate verifies only the identity of the individualwho signed the documenl to $rhich this certiticate is allached, and not the truthlulness, accuracy, or validity ofthat document.
CALIFONTiA ACKNOWLEDGTIENT CIVIL CODE 5 1189
State of California
ORANGECounty of
on
0711512025
before me, J. DEIONGH, NOTARY PUBLIC
Here lnserl Nome ond Title of the OfficerDote
JENNIFER M. VEGA
personally appeared
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person({ whose name{'f is&e subscribed to the within instrument and acknowledged to me that [5/she,ltfiCy executed the same in fri6/her/ttleiD( authorized capacity(i€E), and that by h*rherdfisixsignature(4 on the instrument the person(* or the entity upon behalf of which the persontsi acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.J. DEIONGH
Notary Plbl,c . Glifornia
0r.nge Count,
Commirsion + ?458114
; WITNESS my hand and official seal
rlv Comm. Expires 0(t 2E. 2027
Plqce Notory Seol ond/or Stomp Above
Signature
oturc of Notory Public
OPTIONAL
Completing this informotion con detet olterotion of the document or froudulent reottochment of this fom to on unintended document.
Desc.iption of Attached Document
Title or Type of Document:
Document Date Number of Paoes:
Signe(s) Other Than Named Above:
Capacity(iesl Claimed by Signer(s)
O Corporate Officer - Title(s)
EI Partner - o Limited tr General
o lndividual El Attorney in Fact
El Trustee o Guardian or Conservator
o Other:
Signer is Representing
Signer's Name:
o Corporate Officer - Title(s):
tr Partner - E Limited D General
o lndividual tr Attorney in Fact
El Trustee El Guardian or Conservator
f] Other:
02019 National Notary Association
Signer is Representing
Signer's Name:
x
A notary public or other oflicer completing this certilicate verifiesonly the identity ol the indMdualryho signed the document to which this certificate is anached, and not the truthfulness, accuracy, or validity of that document.
CAUFONNiA ACf,NOWLEDGMETT CIVIL CODE 5 II89
)
State of California
County of
071t512025
On before me, I. DEIONGH, NOTARY PUBLIC
Dote Here lnsetT Nome ond Title of the Offrcer
STEVEN L. MENT]OZA
Personally appeared
Nome6) of Signe(q
who proved to me on the basis of satisfactory evidence to be the person6) whose name(O isAlb subscribed to the within instrument and acknowledged to me that her$HEmy executed the same in hisrBrotdx authorized capacityf,d3t, and that by hislHgUlh[* signatu,e6] on the instrument the personF), or the entity upon behalf o, which the person6) acled, executed the inslrumenl.
J. DEIONGH
Not ry P!bii(. Califorfli.
0nnge Counc/
Cofimhllonr246r!1.
y Colnm. Erpire. Oct 28. 2027
Ploce Notory Seol ond/or Storr'p Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WTNESS my h6nd and official seal.
I
of Notory Public
OPTIONAL
Completing this informotion con deter olterotion of the document or froudulent reottochment of this fom to on unintended document.
Dc3crlption of Attach€d Document
Title or Type of Document:
Document Oate Number ofPages:_
Signe(s) Other Than Named Above:
Csplclty(l6l Clllmed by Signer(s,
Signer's Name
tr Corporate Officer - Title(s):
tr Partner - tr Limited tr General
tr lndividual o Attorney in Fact
tr Trustee tr Guardian or Conservator
Signer's Name:
o Corporate Officer - Title(s):
tr Partner - O Limited tr General
tr lndividual tr Attorney in Fact
tr Trustee 0 Guardian or Conserystor
o Other o Other:
02019 National Notary Association
ORANGE
Signature
SignerisRepresenting:-SignerisRepresenting:-