Murrieta City Council
April 21, 2026

Fire Prevention Services at Special Events
I. Purpose
Establish minimum standards for fire prevention services at mass gatherings and special events.

Event Type # Inspectors
Needed
Est Crowd
Size
Food Vendor
inspection (open
Flame/Grease)
Fire
Extinguishers
Required
Crowd
Management
Plan
Fire
Watch/Standby
Personnel
FD Engine
Company
Concert / Music
Festival / Park
Event
1 500-3,500 Required Yes Suggested Required
1-2 3,500 – 8,000 Required Yes Required Required
2-4 8,000-15,000 Required Yes Required Required Suggested 4-8 >15,000 Required Yes Required Required Required
Athletic / Sporting
Event (Occurs in
one location)
500-3,500 Required Yes Suggested Suggested
1-2 3,500 – 8,000 Required Yes Required Required
2-4 8,000-15,000 Required Yes Required Required
4-8 >15,000 Required Yes Required Required
Races, Triathlons,
etc. (Routes,
Multiple locations)
1 500-3,500 Required Yes Suggested Suggested
2 3,500 – 8,000 Required Yes Required Required
4-6 8,000-15,000 Required Yes Required Required
6-8 >15,000 Required Yes Required Required
Parade / Rally 1 500-3,500 Required Yes Suggested Suggested 2-4 3,500 – 8,000 Required Yes Required Required
4-6 8,000-15,000 Required Yes Required Required
6-8 >15,000 Required Yes Required Required
Street Fair / Market 1 500-3,500 Required Yes Suggested Suggested 2-4 3,500 – 8,000 Required Yes Required Required
4-6 8,000-15,000 Required Yes Required Required Suggested 6-8 >15,000 Required Yes Required Required Required
Conference /
Trade Show
1 500-3,500 Required Yes Suggested Suggested
1-2 3,500 – 8,000 Required Yes Required Required
3-5 8,000-15,000 Required Yes Required Required
6-8 >15,000 Required Yes Required Required
Murrieta Fire & Rescue
4 432
II. SPECIAL EVENT FIRE PREVENTION PLANS
A. Special Event Fire Prevention Plans shall include, but not be limited to, the following considerations:

1. Event description, including event name, location and expected attendance.

2. Type of food vending business (i.e. food vendor or food truck).

3. Inspection of food vendors using open flames or grease for cooking.

4. Use of fuel-powered generators.

III. PROCEDURES FOR SUBMITTING SPECIAL EVENT FIRE PREVENTIONPLANS A. Special Event Fire Prevention Plans shall be submitted following guidelines posted on the City of Murrieta Special Events website.

IV. FIRE PREVENTION STAFF CONTACT
The Fire Prevention staff point of contact for questions on this policy or Special Event Fire Prevention Plans may be reached via [email protected]
Prevention Definitions
Food Vendor Inspection: Includes checking for proper fire extinguisher types (Class K for grease), safe propane storage, and separation distances.

Fire Extinguishers Required: All cooking vendors must have appropriate tagged and serviced extinguishers (ABC as well as Class K if using cooking oils).

Crowd Management Plan: Must include ingress/egress routes, signage, trained staff, and emergency evacuation procedures.

Fire Watch / Standby Personnel: Fire prevention staff or trained personnel assigned to monitor fire safety during large crowd capacity events.

FD Engine Company Presence: Assigned based on risk, crowd size, and access limitations. May be staged nearby and available for response.

5 433
1 Rev. 10/2025
Special Events Medical Service Matrix
All events are required to submit a medical plan. The plan should include the event’s medical communication plan, number of projected attendees, certification levels of medical staff, and type of resources that will be at the event, description of how resources will be managed, and location of medical aid stations.

The Medical Service Matrix identifies the minimum requirements for special events in the City of Murrieta. The Murrieta Fire Chief or his/her designee has final authority to determine event medical service requirements.

Other factors that may impact medical service requirements include, but are not limited to, alcohol sale s or consumption, type of event/event activities, and the potential for weather issues, and a Murrieta PD threat analysis.

Event Type Est Crowd Size 911
Access
First Aid
Station
(CPR/AED)
First Aid
Station
w/Paramedic

ALS/BLS
Ambulance
FD Mobile
Teams
FD Engine
Company
Concert / Music
Festival / Park Event
500-3,500 Required Required Suggested Suggested
3,500 – 8,000 Required Suggested BLS / ALS Required
8,000-15,000 Required Required ALS+ Required Suggested
>15,000 Required ALS+ Required Required
Athletic / Sporting
Event (Occurs in one
location)
500-3,500 Required Required BLS
3,500 – 8,000 Required Required BLS Suggested
8,000-15,000 Required Required ALS+ Required
>15,000 Required Required ALS+ Required
Races, Triathlons, etc.
(Routes, Multiple
locations)
500-3,500 Required Required ALS Suggested
3,500 – 8,000 Required Required ALS+ Required
8,000-15,000 Required Required ALS+ Required
>15,000 Required Required ALS+ Required
Parade / Rally
500-3,500 Required Required
3,500 – 8,000 Required Suggested BLS Suggested
8,000-15,000 Required Required ALS+ Required
>15,000 Required Required ALS+ Required
Street Fair / Market
500-3,500 Required Required
3,500 – 8,000 Required Suggested Suggested
8,000-15,000 Required Suggested ALS+ Suggested Suggested >15,000 Required Required ALS+ Required Required
Conference / Trade
Show
500-3,500 Required Required
3,500 – 8,000 Required Suggested ALS
8,000-15,000 Required Required ALS Suggested Suggested
>15,000 Required Required ALS+ Required Suggested
ALS+: Indicates more than one ALS may be required
Additional Considerations: Fireworks, Professional Sporting Events More than one First Aid Station and/or Ambulance may be needed based on size of footprint, event demographics, or other concerns.

Approved By:

Print Name & Title: Date:

Murrieta Fire & Rescue
6 434
2 Rev. 10/2025
Levels of Medical Service Definitions
BASIC FIRST AID STATION (CPR/AED): The Basic First Aid Station is staffed by a person trained and certified to render first aid and CPR (e.g. Red Cross certification). The basic first aid station should contain these three items: a plan to access 911, someone trained in Cardio- Pulmonary Resuscitation (CPR), an AED and a basic First Aid Kit containing at a minimum:
compresses, ice packs, bandages, and antiseptic.

FIRST AID STATION WITH EMT: The First Aid Station with current California Stare licensed EMT has the same elements as the basic first aid station, plus a licensed EMT. An EMT provides basic life support (BLS) when a medical emergency occurs. BLS includes: CPR with AED, oxygen administration, BVM, spinal immobilization, and bleeding control.

FIRST AID STATION WITH PARAMEDIC: The First Aid Station with a with current California licensed Paramedic has the same elements as the First Aid Station with EMT, plus staffing by a licensed Paramedic. A Paramedic provides advanced life support (ALS) when a medical emergency occurs. Paramedics receive advanced training in airway maintenance , medication administration, and can perform other more invasive procedures in medical emergencies.

Additional equipment needs to include: Heart monitor, IV equipment with fluids, advanced airways, ACLS medications.

All first aid stations should be in designated, well-marked areas visible to the public. When completing your special event permit application, please designate your first aid site(s) on your event map and include it with your permit application.

BASIC LIFE SUPPORT (BLS) AMBULANCE: An event may require a Basic Life Support (BLS) ambulance on site. The BLS ambulance shall meet the minimum standard as permitted by the Riverside County Emergency Medical Services Agency. An event requiring the use of a BLS ambulance may utilize a private medical contract service if they are currently licensed in the State of California and approved by the Riverside County Emergency Medical Services Agency.

ADVANCED LIFE SUPPORT (ALS) AMBULANCE: An event may require an Advanced Life Support (ALS) ambulance on site. The ALS ambulance shall meet the standard as permitted by the Riverside County Emergency Medical Services Agency . An event requiring the use of an ALS ambulance may utilize a private medical contract service if they are currently licensed in the State of California and approved by the Riverside County Emergency Medical Services Agency.

Fire Department (FD) MOBILE MEDICAL TEAM: Events attracting large numbers of people or covering a wide vicinity require a mobile medical team. The team has the ability to access a medical need by foot, or small vehicle. The mobile teams are deployed in areas of difficult or limited access such as events covering large areas of square feet, acres, or miles such as runs or festivals. In addition to rendering aid, a mobile team may be required to include transportation for minor injuries to include physical fatigue to the event’s first aid 7 435
3 Rev. 10/2025
location.

Fire Department (FD) Engine Company: Fire Engine presence at certain large-scale events is suggested strictly for mitigation purposes. Crews will monitor for fire safety, crowd capacity and access issues. Fire crews are not for primary medical services. 8 436
4 Rev. 10/2025
Emergency Medical Services at Special Events
I. PURPOSE
Establish minimum standards for emergency medical services at mass gatherings and special events.

II. SPECIAL EVENT MEDICAL PLANS
A. Special Event Medical Plans shall include, but not be limited to, the following considerations:

1. Event description, including event name, location and expected attendance.

2. Participant safety (the safety plan for event participants and spectators)

3. Non-participant safety (the safety plan for individuals not participating in, but affected by the event such as neighboring local residents and on-lookers)

4. Descriptions of the following medical resources:
a) Personnel certified in cardio-pulmonary resuscitation, rapid access to automatic external defibrillator(s), and 911 access; b) First aid station(s) (if indicated; see Medical Service Matrix); c) Ambulance(s) (if indicated; see Medical Service Matrix); d) Mobile medical resource(s) (if indicated; see Medical Service Matrix) B. Special Event Communications Plans, including name(s) and contact information for the event leader and a point of contact on the day of the event, a description of direct routine communications, and a description of disaster communications if cell phones are not available (e.g. two -way radios). A description of communications between the following shall be included:

1. Venue staff and/or security personnel, event coordinator, and medical personnel.

2. Medical personnel located at a first aid station and mobile resources and/or satellite stations.

3. Medical personnel and the 911 Dispatch Center.

4. Medical personnel and ambulances as applicable.

5. Transporting unit and receiving hospital
III. EMT SERVICES AT SPECIAL EVENTS
A. On-site medical personnel shall be minimally certified as an EMT in the State of California with designated Medical Control and equipped to provide the complete EMT Scope of Practice as defined in the State of California EMS Physician Commission Standard. They shall follow all agreed upon expectations of the approved medical plan.

B. Paramedics equipped and used to provide Basic Life Support must have a current license by the State of California with designated Medical Control.

IV. PARAMEDIC SERVICES AT SPECIAL EVENTS
A. Paramedics deployed as part of a Special Events Medical Plan shall be:

1. Licensed in the state of California with designated Medical Direction.

2. On-duty with a State licensed Paramedic Service Provider for the duration of the event for which they are deployed; and

3. Equipped to provide Advanced Life Support care per t h e most current Riverside County Emergency Medical Services Agency treatment protocols.

B. Paramedics shall follow the most current Riverside County Emergency Medical Services Agency treatment protocols.
9 437
5 Rev. 10/2025
V. AMBULANCE SERVICES AT SPECIAL EVENTS
Ambulances deployed as part of the approved Event Medical Plan shall be licensed at the appropriate provider level to operate by the Riverside County Emergency Medical Services Agency.

VI. AUTOMATIC EXTERNAL DEFIBRILLATORS
Automatic External Defibrillator (s) (AEDs) should be made accessible to medical personnel and non- medical personnel trained in its use and located throughout the venue in location(s) that will enable the first non-medical personnel trained in their use to initiate rapid patient treatment.

VII. PROCEDURES FOR SUBMITTING SPECIAL EVENT MEDICAL PLANS A. Special Event Medical Plans shall be submitted following guidelines posted on the City of Murrieta Special Events website.

VIII. EMS AGENCY STAFF CONTACT
The EMS Agency staff point of contact for questions on this policy or Special Event Medical Plans may be reached via [email protected].
10 438
6 Rev. 10/2025

APPENDIX A
Definitions Special Event Medical Resources
CPR & 911 Access: Event staff and/or safety personnel have the capability to notify 911 of any medical emergencies and to provide CPR/AED access per EMS Agency System Standards [within five (5) minutes in 90% of occurrences].

First Aid Station with Emergency Medical Technician (EMT): A fixed or mobile facility with the ability to provide first aid level care staffed by at least one EMT or higher skill level personnel. First Aid level care is defined as treatment of minor medical conditions and injuries by care providers who have received training in First Aid, at the EMT level. Examples of First Aid care include cleaning, bandaging, and treating simple wounds such as scrapes and shallow cuts, providing cold packs for musculoskeletal strains and bruises, and giving drinking water and a place to rest for patients who are mildly dehydrated. Each Fixed First Aid Station shall have an AED and MCI Kit present at all times.

Examples of a First Aid Station include a tent, a clinic, an ambulance , or a vehicle of some type.

The first aid station must have 911 communications capability. EMTs who are employees of locally permitted ambulance provider agencies are recommended due to their familiarity with local policies, procedures, and protocols. It is also recommended that any event employing multiple First Aid Stations also have a designated Event Medical Director and establish a liaison with emergency services to improve coordination with 911.

First Aid Station with Paramedic, Nurse, or Physician: A similar facility to a First Aid Station with an EMT, but staffed by at least one Accredited Paramedic, Registered Nurse , or Physician, holding a current California license. It is preferred that the Nurse and Physician be experienced in emergency medical care and triage of seriously ill or injured patients to higher levels of care.

BLS (Basic Life Support) Ambulance: An ambulance staffed by two EMTs or Paramedics working at a BLS level. BLS units may be utilized for first response (as a Mobile Team) or to substitute for a fixed First Aid Station with an EMT. If transport is needed, local 911 must be contacted.

ALS (Advanced Life Support) Ambulance: An ambulance staffed by at least one Paramedic (licensed to work at the ALS level) and one EMT. If transport is needed, local 911 must be contacted.

Fire Department (FD) MOBILE MEDICAL TEAM: Fire Department Mobile Teams are comprised of Two Firefighter / Paramedics from Murrieta Fire & Rescue. The team has the ability to access a medical need by foot, or small vehicle. The mobile teams are deployed in areas of difficult or limited access such as events covering large areas of square feet, acres, or miles such as runs or festivals. In addition to rendering aid, a mobile team may be required to include transportation for minor injuries to include physical fatigue to the event’s first aid location.

Fire Department (FD) Engine Company: Fire Engine Companies are comprised by at minimum three MFR personnel, including at minimum one Captain, one Engineer, and one Firefighter / Paramedic.

These resources when on scene are for mitigation purposes. Crews will monitor for fire safety, crowd capacity and access issues. Fire crews are not for primary medical services. 11 439
Alcohol Event Cost Recovery Fee Analysis/Justification (2026) The Alcohol Event Cost Recovery Fee is $0.90 per person. Below is the explanation of the Alcohol Event Cost Recovery Fee calculation.

Estimated Additional Maintenance Costs Per Event with Alcohol Category Description Estimated Cost
Pressure Washing Spill cleanup (MSD: 3 hrs @ $133.08/hr) $399.24 Landscape Damage Plant material replacement $412.50
Excess Trash Additional MSD staffing (4 hrs) $532.32
Restroom Supplies Paper goods, soap, urinal supplies $113.88 Cleaning Supplies Disinfectant and related materials $25.12 Irrigation Damage Repairs (Excel: 4 hrs @ $55/hr) $220.00 Additional Staffing 2 MSD staff (4 hrs each) general cleaning: gates, doors, bathroom stall doors, lighting checks, timers,
etc.
$1,064.64
Total Estimated Cost per
Event
$2,762.79

Future Capital Enhancements to Town Square Park to Support Events with Alcohol Category Description Estimated Cost
Park Perimeter Fencing &
Shade Structures
Future purchase and ongoing maintenance.

Permanent fencing and shading for events with
alcohol. Events with alcohol require fencing.

Amount may be adjusted based on future actual
costs.
$500,000
Total Estimates $500,000

Assuming a 20-year useful life, these enhancements would have an annual cost of approximately $25,000 per year. If the park were to host 10 events with alcohol annually, the cost recovery for these improvements would be approximately $2,500 per event. Ten events per year are estimated, based on one event per month, excluding two months (June and December) reserved for maintenance.

Amounts collected for these future capital enhancements shall be accounted for and used solely for the design, permitting, construction, and related costs of the Park Perimeter Fencing & Shade Structures (and closely related perimeter-control improvements to support events with alcohol). The City will periodically review the projected number of events with alcohol and the actual costs of the improvements. The capital enhancement component of the Alcohol Event Cost Recovery Fee shall be adjusted as necessary to avoid material over- collection and shall cease once the improvements are fully funded or if another funding source is used.

When combining both estimated additional maintenance impacts and future capital enhancements, the total estimated cost associated with events that include alcohol service is:
 Maintenance Costs: $2,762.79 per event
 Future Capital Enhancements: $2,500.00 per event
$5,262.79 total

If a flat rate were to be implemented, an approximate fee of $5,262.79 per event would recover the estimated maintenance and infrastructure costs associated with hosting events that include alcohol service.

440
Per Person Calculation
The maximum capacity for large-scale events is approximately 7,000, with comfortable attendance of 6,000.

Using the estimated total alcohol-related cost of $5,262.79 per event and dividing by attendance of 6,000 results in a cost of approximately $0.86 per person, rounded to $0.90 per person. “Attendee” is defined as all event guests (ticketed, complimentary, VIP, etc.) of all ages; “attendee” does not include employees or vendors. The Alcohol Event Cost Recovery Fee is $0.90 per person.

Event organizers are required to provide an estimated attendance prior to the event and a final attendance count within three (3) calendar days of the event. If final attendance differs materially from the estimated attendance, the City will reconcile the Alcohol Event Cost Recovery Fee based on the final attendance count and issue an invoice within ten (10) days of the event. The final invoice must be paid by the event organizer within thirty (30) calendar days of the event. Attendance may be verified using a ticketing report or other reasonable method approved by the City as part of the Special Event Permit process.

441

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 21.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Jeff Hitch, City Engineer
SUBJECT:

Continuation of the Emergency Declaration, Appropriation of Funding, and Award of Construction Contract for Hayes Avenue Bridge at Miller Canyon Creek

ABSTRACT
In this agenda report, staff requests City Council to declare that emergency conditions persist at the Hayes Avenue Bridge at Miller Canyon Creek, appropriate additional funding to Capital Improvement Project (CIP) Project 11004, and approve the execution of a contract to reconstruct the bridge.

RECOMMENDATION
Adopt Resolution 26-4932 entitled: A Resolution of the City Council of the City of Murrieta, California, Declaring that Emergency Conditions Persist, and Approving the Execution of a Contract for Reconstruction of the Hayes Avenue Bridge at Miller Canyon Creek without Notice for Bids Pursuant to California Public Contract Code Section 1102, 20168, and 22050; and
Amend the FY 2025/26 Capital Improvement Plan as detailed in the fiscal impact statement.

PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized an on-call consulting services Agreement with Michael Baker International, Inc. for civil engineering services (Vote: 4-0).

On March 18, 2025, the City Council adopted Resolution No. 25-4816, declaring an emergency condition for the Hayes Avenue Bridge at Miller Canyon Creek, authorizing a purchase order for Michael Baker International in the amount of $89,580.92, and amending the Capital Improvement Plan budget to create the Hayes Avenue Bridge at Miller Canyon Creek Project CIP No. 11004 and appropriate $725,000 of Area Drainage Fees (Vote 5-0).

On June 3, 2025, the City Council approved Resolution No. 25-4836, approving the Capital Improvement Plan Budget for Fiscal Year 2025/26, and the Fiscal Year 2025/26 to 2029/30 Capital Improvement Plan (Vote 5-0).

On July 1, 2025, the City Council adopted Resolution No. 25-4863, appropriating funding and approving the execution of a contract for reconstruction of the Hayes Avenue Bridge at Miller Canyon Creek (Vote 4-0).

CITY OF MURRIETA Printed on 4/16/2026Page 1 of 3
powered by Legistar™
442
4/21/2026
Agenda Item No. 21.

On December 16, 2025, the City Council approved Amendment No. 1 to the Agreement with Contech Engineered Solutions for the additional amount of $130,500, to purchase a precast concrete arch-culvert system for the Hayes Avenue Bridge at Miller Canyon Creek (Vote 5-0).

STRATEGIC ALIGNMENT
The City Council’sgoal of planning, programming and creating infrastructure development is associated with this administrative priority.

DISCUSSION
On February 6, 2025, staff encountered a pothole in the deck of the Hayes Avenue Bridge crossing Miller Canyon Creek, located generally between Ivy Street and B Street. Upon this discovery, Engineering staff believed the bridge could be unsafe and closed the bridge until further evaluation could be completed.

Michael Baker International (MBI) was contracted using the City of Murrieta’s(City) existing on-call agreement to perform a structural evaluation of the bridge. The evaluation was performed, and a report was generated and provided to the city. The report concluded that the bridge is structurally deficient for fire truck access and needs to be replaced. The bridge has a span of 15 feet and is 24 feet wide, with concrete abutments, wooden girders, and decking covered with asphalt concrete. MBI subsequently provided the city with a proposal to provide environmental and engineering services for engineering plans and emergency environmental permits necessary to replace the bridge with an alternate reinforced concrete box culvert. In August 2025, the San Diego Regional Water Quality Control Board rejected the box culvert design, resulting in a modification of the design to an arch-span bridge structure with a soft bottom.

On October 23, 2025, the City entered into an Agreement with Contech Engineered Solutions (Contech) to complete the structural design of the precast concrete arch-span culvert. On December 16, 2025, the city amended the Agreement with Contech to purchase the pre-cast components of the structure for $130,500. The precast structure components, consisting of the arch-spans, headwalls, and wing walls, are currently being manufactured with an anticipated delivery date of May 26, 2026.

The adoption of an emergency declaration on March 18, 2025, allowed for emergency permitting as well as foregoing the typical public works bidding requirements pursuant to the Public Contract Code. The emergency declaration has been continued since the original adoption to ensure that Hayes Avenue roadway is reopened at the earliest opportunity due to the current lack of secondary access to portions of the West side of the City, as well as continued extended response time for public safety personnel.

As allowed under the laws applicable to emergencies, staff has negotiated a scope of work and fee with a local contractor, Murrieta Development Company, Inc. (MDC), to perform the construction. Staff also coordinated with another contractor, Mark Company, but found MDC’spricing to be more favorable. MDC last completed emergency work for the City on the Alta Murrieta Drive Sinkhole Repair in 2019. The scope of work to be performed by MDC will consist of removing the existing bridge structure, minor grading, and construction of a precast concrete arch-span culvert with precast concrete headwalls and wingwalls, cast-in-place concrete foundations, rip rap energy dissipators, a new pavement section over the culvert, and guardrail. Construction is anticipated to commence within two weeks of award and take six (6) to seven (7) weeks to complete.

The emergency conditions will remain until the bridge has been repaired. Under the California Public Contract Code, the City Council is required to periodically review whether the emergency conditions have abated and/or continue, as well as to adopt a resolution by a four-fifths vote to confirm the continuation of the emergency or CITY OF MURRIETA Printed on 4/16/2026Page 2 of 3
powered by Legistar™
443
4/21/2026
Agenda Item No. 21.
to declare the emergency to be concluded.

Upon completion of the scope work and fee negotiations with MDC, staff found the proposal to be consistent with current market values. Staff recommends awarding the construction contract to Murrieta Development Company, Inc. in the amount of $607,750, plus a 25% contingency of $151,938, for a total of $759,688.

The CIP 11004 project was funded with $725,000 of Area Drainage Fees during the March 18, 2025, emergency declaration, with an additional $200,000 appropriated on July 1, 2025. An additional $25,000 was transferred in from another CIP project during the last CIP Budget adoption, bringing the current project budget to $950,000. The construction pricing was found to be higher than anticipated to cover design, construction, and construction inspection. Therefore, an additional $200,000 of Area Drainage Fees is necessary to fully fund this construction.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.

FISCAL IMPACT
The proposed contract amount to be awarded is $607,750, plus an additional 25% contingency amount of $151,938, for a total of $759,688. Funding is available in CIP 11004 to award the construction contract.

Staff recommends an amendment to the FY 2025/26 Capital Improvement Plan budget to appropriate an additional $200,000 of Area Drainage Fees into CIP 11004.

ATTACHMENTS
ATT 1 - Resolution No. 26-4932
ATT 2 - Contract between the City of Murrieta and Murrieta Development Company, Inc.

ATT 3 - Proposal from Murrieta Development Company, Inc ATT 4 - Vicinity Map
CITY OF MURRIETA Printed on 4/16/2026Page 3 of 3
powered by Legistar™
444
01375.0024 2012316.1 6/10/2025
RESOLUTION 26-4932

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA DECLARING THAT EMERGENCY

CONDITIONS PERSIST, APPROPRIATING FUNDING, AND

APPROVING THE EXECUTION OF A CONTRACT FOR

RECONSTRUCTION OF THE HAYES AVENUE BRIDGE AT MILLER

CANYON CREEK WITHOUT NOTICE FOR BIDS PURSUANT TO
CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 1102, 20168, AND 22050

WHEREAS, after strong winter storms, o n February 6, 2025, City of Murrieta (“City”) staff encountered a pothole in the deck of the Hayes Avenue Bridge crossing Miller Canyon Creek located generally between Ivy Street and B Street (“Bridge”), requiring the City to close the Bridge until further evaluation could be completed; and WHEREAS, on February 11, 2025, a contractor retained by the City condu cted a structural evaluation of the Bridge and determined that the Bridge is structurally deficient for fire truck access and needs to be replaced . This unexpected occurrence , which has not yet been remedied, poses a clear and imminent danger requiring imm ediate action to allow the City to continue providing fire truck access to all of its residents, which is an essential public serv ice, and the closure of the Bridge constitutes an “emergency” as defined in Public Contract Code § 1102; and
WHEREAS, pursua nt to Public Contract Code §§ 20168 and 22050, contracts for emergency expenditures may be approved by the adopt ion, by a four -fifths vote, of a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property such that the City is authorized to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, the unexpected occurrence poses City desires to use the process authorized by Public Contract Code § 22050 to immediately investigate and replace the Bridge; and WHEREAS, on March 18, 2025, the City Council adopted Resolution No. 25 -4816 by a 5-0 vote to authorize investigations and emergency repa ir work to the Bridge (CIP 11004) pursuant to California Public Contract Code Sections 1102, 20168, and 22050 and amended the Capital Improvement Plan Budget to appropriate $725,000 of Area Drainage Fees to the fund for CIP 11004; and

WHEREAS, on July 1, 2025, the City Council adopted Resolution No. 25 -4863, appropriating $200,000 of Area Drainage Fees funding and approving the execution of a contract for reconstruction of the Hayes Avenue Bridge at Miller Canyon Creek; and

445
Resolution No. 26-4932

01375.0024 2012316.1 6/10/2025
WHEREAS, the project approved pursuant to the contract awarded on July 1, 2025 was not constructed due to permitting restrictions from the San Diego Regional Water Qu ality Control Board requiring a different structure type; and

WHEREAS, the ongoing structural deficiency continues to constitute an “emergency” as that term is defined in Public Contract Code § 1102; and

WHEREAS, once the plan for the repair work w as approved by the San Diego Regional Water Quality Control Board staff undertook negotiations with several qualified cont ractors consistent with state law; and

WHEREAS, this item has been periodically reviewed as required but state law and will continue to be reviewed until the City Council can determine that the emergency has been abated.

NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF
MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The recitals above are true and correct and incorporated herein by this reference.

Section 2. The City Council finds that the facts set forth above constitute facts demonstrating that an emergency condition exists, has not been abated, and that such emergency condition does not permit the delays which would result from a competitive solicitation for bids.

The City Council further finds that the immediate replacement of the Bridge is necessary to respond to the emergency conditions.

Section 3. Amend the Capital Improvement Plan budget to appropriate an additional $200,000 of Area Drainage Fees into CIP 11004.

Section 4. The City Council hereby approves an agreement between the City and Murrieta Development Company, Inc. in an amount of $ 607,750 for the construction of the bridge replacement. The City’s City Manager or h is designee is hereby authorized to sign this contract.

Section 5. The City Council hereby authorizes a twenty-five percent (25%) construction contingency in an amoun t of $ 151,938. The City’s City Engineer is authorized to approve contract change orders not to exceed twenty-five percent (25%) of the contract amount.

Section 6. The City Engineer shall cause a report on the status of the emergency circumstances to be agendized at a City Council meeting every sixty days until either the City Council finds that the repair work has been completed or that the emergency conditions have ceased to be present.

Section 7. The City Clerk shall certify to the adoption of this Resolution

446
Resolution No. 26-4932

01375.0024 2012316.1 6/10/2025
PASSED AND ADOPTED this 21st day of April, 2026.

Jon Levell, Mayor

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 26-4932 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 21st day of April, 202 6, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk

447
For City Clerk Use Only

Contract No._________

PUBLIC WORKS CONSTRUCTION CONTRACT
WITH THE CITY OF MURRIETA (“CITY”)

EMERGENCY PROCUREMENT
Project Name/Description (“Project”): Hayes Avenue at Miller Canyon Creek Bridge Replacement, CIP 11004
Contractor Name (“Contractor”): Murrieta Development Company, Inc.

Contractor Business Type: Corporation
Contractor Address: 42540 Rio Nedo Road, Temecula, CA 92590 Contractor Representative Name and Title (“ Contractor Representative”): Todd Close, Vice President
Contractor Representative Work Phone: 909-721-4201
Contractor Representative Email: [email protected] Contract Days: THIRTY-FIVE WORKING DAYS
Liquidated Damages Sum (per day): Five Hundred Dollars ($500.00) Termination Date: December 31, 2026
Total Not-To-Exceed Contract Amount (“Contract Sum”): $607,750.00 City Department Contact (“Project Manager”): Jeff Hitch, City Engineer Department Contact Work Phone: 951-461-6076
Department Contact Email: [email protected]
Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

448

RECITALS
The City desires to contract with a Contractor to provide services as more further set forth herein.

Public Contract Code Section 22050, the City may forego formal bidding for public works projects upon the declaration of an emergency.

Public Contract Code 1102 defines an emergency as a sudden, unexpected occurrence that poses a clear and imminent dang er, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

Murrieta Municipal Code Section 3.08.280(C) provides that t he city manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed.

All emergency purchases, which would otherwise require formal bidding procedures, shall be submitted to the city council for ratification at the next regular council meeting after the purchase is authorized

The City Manager and/or the City Council have made the following findings of fact that an emergency condition exists requiring a prompt issuance of a contract to protect the public health, property and/or essential services: Hayes Avenue at Miller Canyon Creek Bridge Replacement, CIP 11004.

City desires to retain Contractor, on an independent contractor basis, for the Project , as more particularly described below.

Contractor represents that it is fully qualified to perform such Work by virtue of its experience and the training, education and expertise of its principals and employees.

Pursuant to the City of Murrieta Municipal Code and California state law, City has authority to enter into and execute this Contract.

The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

Click or tap here to enter text.

449

This Contract, made and entered into effective on the date executed by the City, by and between the City of Murrieta, a municipal corporation, hereinafter referred to as " City," and the above- referenced Contractor.

The City and Contractor, for the consideration hereinafter named, mutually agree as follows:

1. SCOPE OF WORK.

1.1 The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Scope of Work set forth in Exhibit “A” for the above entitled Project. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations.

In addition to Exhibit “A” , the “Scope of Work ” includes any Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or incorporated therein. The Scope of Work is incorporated into this Contract and made part hereof. In the event of any conflict between the terms of the Scope of Work and this Contract, the terms of this Contract shall govern.

2. CONTRACT DOCUMENTS.

2.1 The provisions of the 2024 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents or further herein. In the event of any conflict bet ween the provisions of the Greenbook and this Contract, the terms of this Contract and the Exhibits attached hereto shall govern.

2.2 Copies of the Standard Specifications for Public Works Construction are available from the publisher:

Building News, Inc. (BNi)
990 Park Center Drive, Suite E Vista, CA 92081
(760) 734-1113
www.bnibooks.com

2.3 The aforementioned Standard Specifications will control the General Provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract.

2.4 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 furnished and installed completed and in place and that only the best general practice is to be used.

2.5 Unless otherwise specified, Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. 450

2.6 The Contract Documents include this Contract, the Scope of Work , the Standard Specifications, any and all Exhibits thereto, all design documents, and contract change orders and all bonds and insurance documents. The Contract Documents are complementary, and what is called for by any one document 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 with the exception that any later amendments hereto or change orders shall take precedence over this Contract.

3. CITY APPROVAL.

3.1 All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of City or its authorized representatives.

4. LICENSES, PERMITS FEES AND ASSESSMENTS

4.1 Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Contract. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for th e Contractor’s performance of the services required by this Contract, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or impose d against City hereunder.

5. CONTRACT AMOUNT AND SCHEDULE.

5.1 City agrees to pay and Contractor agrees to receive and accept the prices set forth in Exhibit “B” as full compensation for furnishing 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 the reof 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. The total of all payments made to Contractor shall not exceed the Contract Sum set forth above.

5.2 Contractor agrees to complete the work on the Project in a period not to exceed the Contract Days set forth above , commencing upon the date stated in the Notice to Proceed issued by City. Construction shall not commence until bonds and insurance are approved by City. Contract Days shall be computed as calendar days and not as worki ng or business days.

Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

451

6. PAYMENT AND INVOICING.

6.1 All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Contract, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Contract, Contractor shall submit a new list of rates to the City with its f irst invoice following the effective date of the rate change.

Additionally, Contractor shall submit the following information with each monthly invoice: (1) an updated Project schedule reflecting all work completed and the percentage completion of all scheduled work; (2) the number of units completed for any work being performed on a unit price basis; (3) a report documenting all issues, concerns, and delays the Contractor’s method of addressing said concerns; (4) in the event Contractor is not meeting the approved Project schedule, a resource-loaded recovery schedule demonstrating how Contractor will meet the approved Project schedule; (5) a list of all deliverables in process and the status of each deliverable; (6) a list of any pending requests for information or clarification and change orders and the status of each item on the list; and (7) a log of all pending corrective work and/or warranty items identified by either Party and the status of such work and/or warranty items.

6.2 Payment.
a. Payments Made by Ci ty. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Contract. Except as to any charges for work performed or expenses incur red by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period.

In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code § 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

6.3 Payments Made by Contractor to Subcontractors. In accordance with § 7108.5 of the California Business and Professions Code, Contractor shall remit payments owed to subcontractors within seven (7) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor, unless otherwise agreed to in the applicable subcontract between Contractor and Subcontractor or unless otherwise authorized by California law, but in no event less than fifteen (15) calendar days for any Subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any Subcontractor other than a small business enterprise.
452

6.4 Retention. Pursuant to § 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with § 7107 of the Public Contract Code. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty per cent (150%) of the disputed amount.

6.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

7. ADDITIONAL WORK AND CHANGE ORDERS.

7.1 City shall have the right at any time during the performance of the services, without invalidating this Contract, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Contract, which said adjustments are subject to the written approval of the Contractor (“ Change Order”). All Change Orders must be signed by the Contractor and City prior to commencing the extra work thereunder.

7.2 Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awarded to Contractor plus any additional subsequent contingency approved by the City Council, if any, taken either separately or cumulatively, or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

7.3 Any adjustment in the Contract Sum for a Change Order must be in accordance with the unit prices or rates set forth in Exhibit “B.” If the rates in the Exhibit “B” do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
a. Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is performed. The use of labor classifications that would increase the cost of such work shall not be permitted. For purposes of this Section, wages shall include total compensation, including fringe benefits. For work that is self-performed by the Contractor, a markup not to exceed fifteen percent (15%) of the actual cost of labor for that portion of work is allowable. For work performed by a Subcontractor, a markup of fifteen percent (15%) of the actual cost of l abor for work performed by the Subcontractor’s own forces is allowable, plus two and one-half percent (2.5%) thereon for Contractor markup regardless of which tier of Subcontractor actually performed the work. b. Materials and Equipment: The cost of materials and equipment shall be the actual cost to Contractor or the lowest current price which such materials and equipment 453

are reasonably available at the time the work is performed, whichever is lower. For purposes of this Section, Contractor may include a markup on the cost of materials and equipment of not more than fifteen percent (15%). Material re-stocking charges shall be limited to five percent (5%) and Contractor must provide evidence of any related charges from the supplier. For rental equipment, City will not pay Contractor for the use of tools and equipment that have a replacement value of $750 or less.
c. If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work performed under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.

7.4 It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.

7.5 No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

7.6 Additional work shall not include work performed by any of the following:
a. Superintendent(s).
b. Assistant Superintendent(s).
c. Project Engineer(s).
d. Project Manager(s).
e. Scheduler(s).
f. Estimator(s)
g. Drafting or detailing
h. Small tools (with a replacement value under $500)
i. Home or field offi ce expenses, including staff, materials, and supplies.
j. Trailer or storage rental and expenses, whether on the Site or off the Site.
454

k. Data processing personnel and equipment
l. Site fencing
m. Utilities, including, without limitation, gas, electric , sewer, water, telephones.
n. Telephone, facsimile, e-mail and copier.
o. Overhead, administrative, or general expenses of any kind. p. Loss of efficiency or productivity, or other impact costs caused by the effects of the Additional Work on the performance of o ther work or the work of other trades on the Project.
q. Capital expenses, including interest on capital employed in connection with Additional Work.
r. Legal costs.
s. Federal, State, or local income and franchise taxes. t. Profit.

7.7 The term “markup” shall be define d as including the full amount of compensation and expenses including overhead and profit not included in the actual allowable costs. For all Change Orders, unless a lump sum amount is approved by the City, Contractor shall submit an itemized breakdown of the Change Order costs with all markups clearly identified.

7.8 City may also, with or without cause, issue deductive Change Orders reducing or removing any portion of the Scope of Work, upon provision of notice to Contractor.

In the event the City desires to issue a deductive Change Order. Any adjustment in the Contract sum for a deductive Change Order shall be calculated in the same manner as a Change Order for Additional Work as set forth in this Section.

8. PAYMENTS/ACCEPTANCE OF WORK.

8.1 Any conflicting language in the Standard Specifications relating to payments and acceptance of work is hereby replaced with the following:
a. 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 (10th) 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 of the work.
455

b. Upon completion of the work, Contractor shall so notify the Project Manager, in writing, submit satisfactory evidence of payment for equipment, materials and labor, and submit the "Contractor’s Affidavit." Upon receipt of the notification, the Project Manager shall promptly, by personal inspection, determine the actual st atus 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 shall 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.
c. The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amo unts as the terms of this Contract describe.

9. LIQUIDATED DAMAGES; EXTENSION OF TIME.

9.1 In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the Liquidated Damages Sum set forth above per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 5 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.

9.2 The time period(s) specified for performance of the services rendered pursuant to thi s Contract shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of thi s Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

10. WAIVER OF CLAIMS.

10.1 Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the 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 indemnify agreement with each claim for payment.

456

11. PREVAILING WAGES.

11.1 Public Work. The Parties acknowledge that the work to be performed under this Contract is a “public work” as defined in Labor Code § 1720 and that this Contract is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with § 17 20) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Contract is subject to compliance moni toring and enforcement by the DIR.

Contractor shall post job site notices, as prescribed by regulation.

11.2 Registration with DIR. Pursuant to Labor Code § 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR pr ior to and during the performance of any work under this Contract.

11.3 Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code § 1771. Pursuant to Labor Code § 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested part y on request. By initiating any work under this Contract, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Contract. If this Contract is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state or federal prevailing wage applicable to each person employed on the Project.

11.4 Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code §§ 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to p ay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which t he worker is employed for any public work done pursuant to this Contract by Contractor or by any subcontractor.

11.5 Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code § 1776, which requires Contractor and each subcontrac tor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in § 1776; certify and make such payroll records available for inspection as provided by § 1776; and inform the City of the location of the reco rds. Upon request by the City, Contractor shall provide any records to the City pursuant to this subsection within ten (10) days of such request. In the event that the Contractor fails to comply within the10-day period, Contractor or subcontractor shall, as a penalty to the City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

11.6 Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code §§ 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, §§ 200, et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned sections for all apprenticeable occupations.

Prior to commencing work under this Contract, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after 457

concluding work pursuant to this Contract, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.

11.7 Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code § 1810.

1.1 Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code § 1813 concerning penalties for workers who work excess hours.

The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code § 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.

11.8 Contractor’s Responsibil ity for Subcontractors. For every subcontractor who will perform work under this Contract, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with § 1720) of the California Labor Code, and sha ll make such compliance a requirement in any contract with any subcontractor for work under this Contract. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall di ligently take corrective action to halt or rectify any such failure by any subcontractor.

12. WORKERS' COMPENSATION LIABILITY INSURANCE.

12.1 California Labor Code §§ 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees.

12.2 In accordance with the provisions of California Labor Code § 1861, Contractor certifies as follows:
“I am aware of the provisions of § 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

13. INDEMNIFICATION.

13.1 All work covered by this Con tract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone.

13.2 Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, em ployees and volunteers (each, an “Indemnitee”) 458

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 in connection with Contractor's performance of work under this Contract or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful 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 Contract.

13.3 Contractor 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 Indemnitee.

However, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmles s 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.

13.4 City shall timely notify Contractor of the receipt of any third -party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

14. INSURANCE.

14.1 Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Contract, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described in Exhibit “D” attached hereto and incorporated herein. City will not issue a Notice to Proceed until all insurance required hereunder has been submitted and approved by City. The Contract Time shall not be extended as a result of delays by Contractor in submitting the required insurance for approval. City may terminate this Agreement, in its sole discretion, if Contractor fails to provide the required insurance, in a form approved by the City, within thirty (30) calendar days of the Effective Date of this Agreement.

15. CONTRACTOR'S INDEPENDENT INVESTIGATION.

15.1 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 of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting 459

this Contract out to bid will be accepted as an excuse for any failure or omission on the part of Contractor to fulfill in every detail al l 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.

15.2 By executing this Contract, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Contract. If the services involve work upon any site, Contractor warrants that Contractor has investigated the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

16. WARRANTY.

16.1 Contractor warrants all work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non conformance of the work to the Contract, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be r einstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City.

In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

17. CONFLICT OF INTEREST.

17.1 Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with 460

the interests of City or which would in any way hinder Contractor’s performance of services under this Contract. Contractor further covenants that in the performance of this Contract, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract.

17.2 No officer or employee of the City shall have any financial interest, direct or indirect, in this Contract nor shall any such officer or employee participate in any decision relating to the Contract which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Contract.

17.3 Contractor warrants that they have no blood or marriage relationship, and that they are 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 emp loy has been employed by City within one (1) year of the date of Notice Inviting Bids. Contractor’s duties and services under this Contract shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project . Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders fo r a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Contract.

17.4 Contractor warrants that neithe r 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 Contract or securing favorable treatment with respect thereto.

18. CONTRACTOR’S AFFIDAVIT.

18.1 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 full, 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 California.

19. SIGNATURE OF CONTRACTOR

19.1 Corporations: The signature must contain the name of the 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 of the above if a certified copy of a 461

resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office.

19.2 Partnerships: Names of all persons comprising the partnership or co - partnership must be stated. The Contract must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging signer to be a general partner is presented to the City, in which case the general partner may sign.

19.3 Joint Ventures: Bids submitted as joint ventures must so state and the Contract is to be signed by each joint venturer.

19.4 Individuals: Bids submitted by individuals must be signed by the bi dder, unless an up-to-date power of attorney is on file in the City, in which case said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.

20. SECURITY.

20.1 Performance and Payment Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds:
a. A performance bond securing the faithful performance of t his Agreement, in an amount not less than 100% of the total compensation for this Contract. b. A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement.

20.2 All bonds shall be on the applicable forms provided in Exhibit “ E” and Exhibit “ F” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized office r of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released.

20.3 Sufficiency of Insurer or Surety. Insurance and bonds required by this Contract shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.

20.4 Release of Securities. City shall release the performance bond and payment bond when the following have occurred:
a. Contractor has made a w ritten request for release and provided evidence of satisfaction of all other requirements under this Contract; 462

b. the Project has been accepted; and
c. after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

20.5 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 Contract.

20.6 At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City or with a State or Federally ch artered 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 Attorney's office.

20.7 City will not issue a Notice to Proceed until all securities required hereunder have been submitted and approved by City. The Contract Time shall not be extended as a result of delays by Contractor in submitting the required securities for approval. City may terminate this Agreement, in its sole discretion, if Contractor fails to provide the required securities, in a form approved by the City, within thirty (30) calendar days of the Effective Date of this Agreement.

21. DEFAULTS.

21.1 Default of Contractor. Contractor’s failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Contract, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance, or such longer time as is approved by the City. In the event that Contractor fails to cure its default within such period of time or if the default reoccurs, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract.

21.2 Suspension and Termination.
a. The City may at any time, for any reason, with or without cause, suspend this Contract, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspen ds a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. b. This Contract may be terminated by either party for cause. In the event Contractor desires to the terminate the Agreement for cause, Contract or shall provide City 463

with notice of the basis for the termination for cause and an opportunity to cure of not less than ten (30) calendar days. The City may terminate this Contract without cause upon thirty (30) days’ written notice of termination. Upon t ermination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.

22. RESOLUTION OF CLAIMS.

22.1 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 of work, but shall proceed with the performance of the 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 a s later determined as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

22.2 Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal confer ences, 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 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

22.3 For purposes of these 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 of which 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.

22.4 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 governed 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 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. 464

(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 of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statement identifying what portion of the claim i s 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) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return 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 identifying the disputed portion and the undisputed portion. (ii) Within 30 calendar days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional 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) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional infor mation or requested documentation, whichever is greater.
d. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 c alendar days of receipt of the City’s response or within 15 calendar days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute.
e. Mediation. Within 10 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 shall provide the Contractor a written statement identifying the portion of the claim that remains 465

in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and mad e 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 10 business days after the disputed portion of the 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 Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this 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 assi sts the Parties in dispute resolution through negotiation or by issuance of an 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. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. 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 advers e finding with regard to the merits of the 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 of disputed claims.
g. Government 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 Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government 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 mediatio n, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date t hat Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government 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 466

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. (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 of the action in accordance with Public Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 calendar days by both Parties of a disinterested third person as mediator, shall be commenced within 30 calendar days of the submittal, and shall be concluded within 15 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 of both Parties. If the Parties fail to select a mediator within the 15 - day period, either Party may petition the court to appoint the mediator. (ii) If the matter remains in dispute, the case shall be submitt ed to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of P art 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 of pay 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. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other Party arising out of the trial de novo.

23. NOTICE TO CITY OF CLAIMS OR LABOR DISPUTES.

23.1 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.

24. RECORDS, REPORTS, AND RELEASE OF INFORMATION

24.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies o f payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and 467

records”), as shall be necessary to perform the services required by this Contract and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provide d by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

24.2 Reports. Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Contract as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Contract. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

24.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontr actors and agents in the performance of this Contract shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Contract, and Contractor shall have no claim for further employment or ad ditional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor f ails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

24.4 Confidentiality and Release of Information. Information gained or work product produced by Contractor in performance of this Contract shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.

24.5 Contractor, its o fficers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City 468

Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Contract. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.

24.6 If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Contract, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.

24.7 Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, r equest for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed there under. City retains the right, but has no obligation, to represent Contrac tor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review a ny such response does not imply or mean the right by City to control, direct, or rewrite said response.

25. UTILITY LOCATION.

25.1 To the extent required by Government Code § 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herei n shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Contract is subject to Government Code§§ 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

26. REGIONAL NOTIFICATION CENTERS.

26.1 Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.

27. TRENCH PROTECTION AND EXCAVATION.

27.1 Pursuant to Labor Code § 6705, if this Project requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.
469

27.2 The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be pr epared by a registered civil or structural engineer.

27.3 This Section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

27.4 This Section shall not be construed to impose tort liability on the City or any of its employees.

27.5 Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

28. PROTECTION AND CARE OF WORK AND MATERIALS.

28.1 The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Contract to furnish co ntinuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

29. HAZARDOUS CONDITIONS.

29.1 Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
a. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; b. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
c. 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.

29.2 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.

29.3 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 470

involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.

29.4 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 pertain to the resolution of disputes and protests between the parties.

30. CARB COMPLIANCE.

30.1 For a project involving the use of in-use off-road diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuan t to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employ ees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.

31. INSPECTION.

31.1 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 af ter completion of the work.

32. CONTRACTOR STATUS.

32.1 Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Contract or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. N either Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

32.2 Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no vo ice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent con tractor of City and shall remain at all times as to City a 471

wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor, and Contractor shall make no representation to that effect.

32.3 The experience, knowledge, capability and reputation of Contractor, its principals and employees were a s ubstantial inducement for the City to enter into this Contract.

Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontracto rs shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Contract. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unappr oved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

33. GENERAL TERMS.

33.1 Waiver. Waiver by any party to this Contract of any term, condition, or covenant of this Contract shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this Contract shall 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 or services by Contractor shall not constitute a waiver of any of the provisions of this Contract. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

33.2 Rights and Remedies Are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

33.3 Unfair Business Practices Cl aims. Pursuant to Public Contract Code § 7103.5, in entering into this Contract, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. 472

33.4 Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Contract. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national or igin, ancestry, or other protected class.

33.5 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Contract, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

33.6 Non-liability of City Officers and Employees. N o officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.

33.7 Governing Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning a ny dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

33.8 Provisions Required By Law. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

33.9 Severability. In the event that any one or more of the phra ses, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remai ning phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Contract meaningless. 473

33.10 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Contract or any other rule of construction which might otherwise apply.

33.11 Counterparts. This Contract may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to b e an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Contract. All signatures on bonds must be originals.

33.12 Written Notice. Any written notice required t o be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor as set forth above, and to City addressed to the Project Manager as follows:

City of Murrieta
1 Town Square
Murrieta, CA 92562

34. CONTRACT MODIFICATIONS

34.1 Additional terms and conditions of this Contract, if any, or any modifications or revisions to the standard terms and conditions herein are made a part hereof as set forth in the “ Contract Modifications” attached hereto as Exhibit “C” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “C” and any other provisions of this Contract, the provisions of Exhibit “C” shall govern.

35. FEDERAL FUNDING.

35.1 If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Contract, the terms of Exhibit G are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
474

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 -27-

IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date and year set forth below.

CITY OF MURRIETA ATTEST:

By:_____________________________ By:_____________________________ Justin Clifton, City Manager Cristal McDonald, City Clerk Date: ___________________________ Date: ___________________________

APPROVED AS TO FORM

ALESHIRE & WYNDER, LLP
By: ____________________________
Tiffany Israel, City Attorney

CONTRACTOR:

By:_____________________________ By:_____________________________ Name: Todd Close Name: Click or tap here to enter text.

Title: Vice President Title: Click or tap here to enter text.

Date: ___________________________ Date: ___________________________

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financ ial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or regulations applicable to Contractor’s business City.

475

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

EXHIBIT A

SCOPE OF WORK

GENERAL SPECIFICATIONS

HAYES AVE. AT MILLER CANYON CREEK BRIDGE REPLACEMENT

CITY PROJECT NO. 25-490
CIP NO. 11004

SCOPE OF WORK

The scope of work will consist of demolition (remove existing bridge structure, debris, vegetation, and minor grading), survey, regrading/compaction, construct a CONTECH precast O-Series 17’ Span, 26’ long, concrete arch -span bridge structure including precast bridge units, precast wingwalls, precast headwalls, concrete foundations, riprap energy dissipator, concrete sill wall, concrete barrier, handrails, guardrail, full depth pavement structural section, mill and overlay, striping, and other ancillary work necessary to complete the scope of the project as shown on the plans, these special provisions, or as directed by the City Engineer.

Work shall be completed in accordance with project plans:
 “Storm Drain Improvement Plan CONTECH CONSPAN O -Series Hayes Ave Bridge Replacement” civil plan s (Sheets 1 -4) by Michael Baker International, approved 3/6/2026.
 “Hayes Ave Bridge Crossing Over Miller Canyon Creek” structural plans (Sheets CT1-CT15) by CONTECH, approved 3/6/2026

All material and equipment shall be delivered by Contractor to the site, or to the City yard if removal and salvage is specified on plans.

LOCATION OF WORK

The project is located on Hayes Avenue at Miller Canyon Creek, approximately 500’ NW of Ivy Street.

TIME OF COMPLETION

Contractor shall complete all work in every detail within the time limits specified in the cover page, herein.

UTILITY REQUIREMENTS

Contractor is advised of the existence of the utility notification service provided by Underground Service Alert (USA). USA member utilities will provide Contractor with the precise locations of their substructures in the construction area when Contractor gives at least two (2) working days' notice to USA by calling l-800-422-4133.

476

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 Contractor shall notify the agencies listed in Attachment A (of this Appendix) at least two (2) working days in advance of excavating around any of their structures. The utility companies listed can be contacted as applicable.

The California Public Utili ties Commission mandates that, in the interest of public safety, mainline gas valves be maintained in a manner to be readily accessible and in good operating condition. Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (951) 634-3258 at least two (2) working days prior to the start of construction.

FLOW AND ACCEPTANCE OF WATER

It is anticipated that storm, surface, or other waters will be encountered at various times during the work herein contemplated. Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly; and Contractor submitting a bid assumes all said risk.

Contractor shall conduct his operations in such a manner that storm or other existing waters may proceed uninterrupted along their existing street or drainage courses. Diversions of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer, are not subject to probability of damage. Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water outside of public right-of-way will be permitted.

REMOVAL OF WATER

Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set. De-watering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above paragraph. De -watering shall be accomplished by well points or some other method that will ensure a dry hole and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of Engineer.

Disposal of water from de -watering operations shall be the sole responsibility of Contractor.

Disposal methods shall conform to the Porter-Cologne Water Quality Control Act of 1974, the Federal Water Pollution Control Act Amendments of 1972 & the California Administrative Code, Title 23, Chapter 3.

Full compensation of de-watering shall be considered as included in the Contract prices paid for the related items of work, and no additional compensation will be allowed therefor.

TRENCH SAFETY AND SHORING EXCAVATION

477

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 In accordance with Section 6500 of the Labor Code, Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation that is five (5) feet or more in depth and into which a person is required to descend.

Contractor shall furnish all labor, equipment, and materials required to design, construct, and remove all sheeting, shoring, and bracing or other equivalent method of support of this project.

Excavation for any trench five (5) feet or more in depth shall not begin until Contractor has received approval from Engineer of Contractor's detailed plan for worker protection from hazards of caving ground. Such plan shall be submitted at least five (5) days before Contractor intends to begin excavation and shall show the details of the design of shoring, bracing, sloping, or other provisions to be made for worker protection during excavation. No such plan shall allow the use of shoring, sloping, or a protective system less effective than required by Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by Engineer who is registered as a Civil or Structural Engineer in the State of California.

Prior to the beginning of excavations requiring shoring, Contractor shall designate, in writing, to Engineer someone whose responsibility it is to supervise the project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring, and bracing.

In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders.

The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the project.

Contractor shall include in his bid all costs for the above requirements. Full compensation for sheeting, shoring, bracing, and all other things necessary shall be considered as included in the appropriate bid items of work, and no additional allowance will be made therefor.

STANDARD SPECIFICATIONS

The Standard Specifications are contained in the 2015 edition of the Standard Specifications for Public Works Construction (Greenbook), including all supplements as written and promulgated by Public Works Standards, Inc. Copies of those Standard Specifications are available from the publisher:

Building News, Inc. (BNi)
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
www.bnibooks.com

478

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other Contract Documents, and the deletion of Part 7: Street lighting and Traffic Signal Systems.

The 2018 State of California Department of Transportation Standard Specifications will control the installation of signs and striping for this Contract, except as amended by the Plans, Special Provisions, or other Contract Documents. Only those sections requiring amendment or elaboration, or specifying options, are called out.

In case of conflict between the Standard Specifications or State Standard Specifications and the Special Provisions, the Special Provisions 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 furnished and installed complete and in place and tha t 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.

WAGE RATES AND LABOR CODE REQUIREMENTS

Wage Rates

Contractor and all subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the City Clerk and are available for review upon request.

Apprentices

Section 1777.5 requires Contractor or subcontractor employing trad esmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project that administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the r atio of apprentices to journeymen to be used in the performance of the Contract.

Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules, and other requirements may be obtained from the State Director of Indust rial Relations or from the Division of Apprenticeship Standards.

Clayton Act and Cartwright Act
479

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

Section 4551 of the State Government Code specifies that in executing a public works contract with City to supply goods, services, or materials, Contractor or subcontractors offer and agree 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 Par t 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services, or materials pursuant to the Contract or subcontract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgment by the parties.

SUBSTITUTION OF SECURITIES

In conformance with the State of California Public Contract Code, Section 22300, Contractor may substitute securities for any monies withheld by City to ensure performance under the Contract.

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 as the 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 Attorney's office.

WEEKLY CONSTRUCTION UPDATE MEETINGS

Upon the start of construction, the contractor shall schedule a reoccurring virtual weekly meeting at an agreed upon time with the City. The contractor shall be responsible for providing a meeting agenda as well as an updated construction schedule listing construction activities and any subcontractors that will be present on site. The contractor shall have both an office and field representative present at the meeting. Any subcontractors listed on the 3 week look ahead shall have a representative present at the meeting.

SPECIAL PROVISIONS

HAYES AVE. AT MILLER CANYON CREEK BRIDGE REPLACEMENT

CITY PROJECT NO. 25-490
CIP NO. 11004

THE FOLLOWING SPECIAL PROVISIONS ARE TO BE USED IN CONJUNCTION WITH THE “STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION (GREEN BOOK)” UNLESS OTHERWISE NOTED.

SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS

480

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 1-2 DEFINITIONS
[Add or replace with the following]:

Agency - City of Murrieta (City)

Board - City Council of the City

Caltrans - California Department of Transportation

City - City of Murrieta

County - County of Riverside

Director - Director of the Public Works Department, City of Murrieta, acting either directly or through his properly authorized agents, each agent acting only within the scope of authority designated to him.

EMWD
Eastern Municipal Water District

Engineer - Director of the Public Works Department/City Engineer, City of Murrieta, acting either directly or through his properly authorized agents, each agent acting only within the scope of authority designated to him.

EVMWD

Elsinore Valley Municipal Water District

Final Acceptance - That stage of construction and plant establishment that allows City to accept the project as completed (no punch list items remaining unresolved).

When Contractor believes the project is ready for final acceptance, he shall call for a final acceptance inspection.

Director will inspect the project to verify its completion.

Should there be elements that are not completed, Director will record same (final acceptance punch list) and bring them to the attention of Contractor. All punch list items must be resolved prior to final acceptance.

When, in Director's judgment, the work has been
completed in accordance with the Plans and Specifications and is ready for final acceptance, he will so certify to the Board, which may accept the completed work. Upon
acceptance of the work by the Board, th e City Clerk will file the Notice of Completion with the County Recorder.

Federal - United States of America

Standard Specifications - Standard Specifications for Public Works Construction , 2015 edition (Greenbook)

State Standard
Specifications
State of California, Department of Transportation,
Standard Specifications, dated 2010

R.C.W.D. - Rancho California Water District

481

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 R.C.F.C.D. & W.C.D. - Riverside County Flood Control and Water Conservation District

Substantial Completion - That stage of construction that allows Director to occupy or use the project for its intended purpose. When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of Director, be used as the basis for determining the
substantial completion date, provided that all elements of the project, other than the landscape, are substantially completed as defined above.

The substantial completion date will be deter mined by
Director in cooperation with Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project.

When Contractor believes that construction of the project is substantially complete, he shall call for an inspection.

Director will inspect the total project to verify its
completion by Contractor. Should there be elements of
the project that are not yet completed, Director will record same (substantial completion punch list) and bring them to the attention of Contractor. All such items must be completed prior to acceptance of the project substantially complete.

In the event re-inspection of any project element results in additional cost to City for consultant or staff time,
Director retains the right to withhold sufficient funds from payments due Contractor to cover the cost to City of such re-inspection.

Traveled Way - That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of Engineer, these
diversions or restricted lanes become the traveled way.

W.M.W.D. - Western Municipal Water District

PART 1 – GENERAL PROVISIONS

1-4 UNITS OF MEASURE

1-4.1 GENERAL
[Replace with the following]:

U.S. Standard Measure is the principal measurement system in these contract documents and shall be used for construction.

482

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 SECTION 2 — SCOPE AND CONTROL OF WORK

2-1 AWARD AND EXECUTION OF CONTRACT
[Add the following]

Within five (5) working days after the date of the Notice of Award, Contractor shall execute and return the following Contract Documents to City:

-Labor and Materials Bond
-Performance Bond
-Insurance Forms in Appendix B
-Vendor Application
-W-9 form
-Business License Application

Failure to comply with the above can result in annulment of the award and forfeiture of the Proposal Guarantee.

The Contract shall not be considered binding upon City until executed by the authorized City officials.

A corporation to which an award is made may be required, before the Contr act Agreement is executed by City, to furnish evidence of its corporate existence, of its right to enter into contracts in California, and that the officers signing the Contract and Bonds for the corporation have the authority to do so.

2-5 PLANS AND SPECIFICATIONS

2-5.1 GENERAL
[Replace the first paragraph with the following]:

Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, Contractor shall return the control set to Engineer. Final payment will not be made until this requirement is met.

Adjustments to the layout of this Plan may be necessary due to the unknown existing conditions. It is Contractor's responsibility to retain the design intent. If a layout discrepancy should occur, Contractor is to contact City's representative.

2-5.3 SUBMITTALS
[Add the following]:

Contractor shall anticipate submitting the following submittals in addition to those identified in the Special Provisions:

No. Submittal Section Reference
1 Construction Schedule 6-1.1 Schedule
3 CAB or CMB 200-2 Untreated Base Material
483

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 4 PCC Mix design 201-1 Portland Cement
Concrete
5 Asphalt Concrete Mix design 203-6 Asphalt Concrete
6 Hand Rails
7 Formwork 410 Formwork
8 Riprap/Energy Dissipator System
9 Guardrail

2-6 WORK TO BE DONE

2-6.1 CITY-FURNISHED MATERIALS
[Add the following]:

The City will provide the CONTECH precast O-Series 17’ Span, 26’ long, concrete arch-span bridge structure including precast bridge units, precast wingwalls, precast headwalls , and wingwall anchors as shown on the CONTECH plans CT1 through CT15 with an approved date of 3/6/2026. Specifically, CONTECH will provide:

 Qty 4 CONTECH CON/SPAN O -Series -26 LF - 17'-0" Span x 6'-8 3/8" Rise O -117 Precast Arch Units
o (2 - 8 FT Standard Lay Length; 2 - 5 FT Shortened Units)  2 - Precast Detached Headwalls (1’-7 3/8" Tall at Centerline x 1'-9”Thick)  4 – Precast Anchor Wingwalls
o WW 1 (45 Degree x 12’ Long x 8.44’ to 6.83’ Tall x 12” Thick) o WW 2 (45 Degree x 12’ Long x 9.02’ to 6.75’ Tall x 12” Thick) o WW 3 (45 Degree x 12’ Long x 8.44’ to 6.83’ Tall x 12” Thick) o WW 4 (45 Degree x 12' Long x 9.02’ to 7.42’ Tall x 12” Thick)  Masonite Shims.
 Primer, Butyl rope, joint wrap.
 Filter fabric and drain tile for wingwalls
 All bolts/anchors/threaded rods/washers & plates
 The coil rods ( used to connect the precast walls to the precast arch).  The plugs for filling in the pick points to keep water from sitting in them.  Onsite Field Consultant.

CONTECH will provide delivery of the units. Contractor shall provide crane to offload materials. Contractor shall coordinate delivery with CONTECH if offloading is to be coordinated with installation of bridge units.

Note: All other materials and equipment shall be furnished by the Contractor.

2-7 SUBSURFACE DATA
[Add the following]:

The City has performed a geotechnical investigation and commissioned the preparation of a report for this project, which has been included in Attachment B. The City takes no 484

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 responsibility for the interpretations made by the Contractor in his review of this information.

Should the Contractor obtain any additional geotechnical information for this project, it shall be at no additional cost to the City.

2-9 SURVEYING

2-9.1 PERMANENT SURVEY MARKERS
[Replace the entire section with the following]:

The Contractor shall take all necessary measures to ensure the preservation of survey monuments, ties and benchmarks. The Contractor shall not disturb permanent survey monuments, ties or benchmarks without the consent of the Engineer. The Contractor will bear the expense for replacing any monumentation that may be disturbed without permission.

When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument cover to the new grade or remove and replace the monument and/or ties per the City of Murrieta Standard No. 's 616, 617b, and 617c , unless otherwise specified. All new monuments and ties shall conform to the Professional Land Surveyors' Act of the Business and Professions Code, Section 8700 et seq. When a monument or tie is to be re-set, the Contractor will be required to record a map, field notes, and/or other pertinent record, with the County of Riverside and shall submit a copy to the City Engineer.

2-9.2 SURVEY SERVICE
[Replace the entire section with the following]:

The Contractor shall provide all surveying and construction services. All work shall be performed under the supervision of a Licensed Surveyor or a pre -1982 Registered Civil Engineer, pursuant to the California Business and Professions Code 8729, and shall conform to the quality and practice required by the Engineer.

Construction staking shall be performed as necessary to control the work. Construction stakes and marks shall be furnished and set with accuracy adequate to assure that the completed work conforms to the lines, grades, and sections shown on the plans.

All horizontal and vertical survey control monuments shown on the layout plans shall be checked by the contractor for description, location and accuracy, prior to their use.

The Contractor shall be responsible for protecting all existing horizontal an d vertical survey controls, monuments, ties and bench marks located within the limits of the project. If any of the above requires removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed land surveyor or pre-1982 licensed civil engineer, establish sufficient temporary ties and bench marks to enable the points to be reset after completion of construction.

Any ties, monuments and bench marks disturbed during construction shall be reset per Caltrans 485

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 standards after construction and the tie notes submitted to the Engineer on 8 -1/2" x 11" note paper. The Contractor and its sureties shall be liable for, at his expense, any resurvey required due to his negligence in protecting exist ing ties, monuments, bench marks or any such horizontal and vertical controls.

The Contractor shall comply with The Land Surveyors Acts//9771 (Record of Surveys - Monumentation) and//8773 (Corner Records - Records of Survey for "Lost Corners").

Survey mo numents and ties shall be established, marked, identified and referenced in accordance with the Riverside County Road Improvement Standards and Specifications, Specification Section 21. Survey notes, drawings, calculations and other survey documents/materials shall be completed and delivered to the Engineer on survey note sheets.

Field surveys for control of construction shall be the responsibility of the Contractor.

The Contractor shall be wholly responsible for the lines and grades and for the stakes and marks for the construction of all improvements shown on the plans.

All computations necessary to establish the exact position of the work from control points shall be made by the Contractor. All computations, survey notes, and other records necessary to accomplish work shall be neat, legible and accurate. Copies of such computations, notes and other records shall be furnished to the Engineer prior to beginning work that requires their use.

Construction stakes shall be removed from the site of the work when no longer needed.

Upon completion of construction staking and prior to acceptance of the contract, all computations, survey notes, and other data used to accomplish the work shall be furnished to the Engineer. All computations and final survey not es shall be reviewed and accepted by the Engineer. Prior to completion of contract, and shall become the property of the City before the acceptance of the contract.

The Contractor shall provide one set of line and grade stakes referring to ultimate center line immediately prior to the beginning of the period of utility relocation by others (immediately after pavement removal). This set of stakes is for utility owner use to control the relocation of their utilities. Stakes shall be a minimum of 100 -foot on center and shall be at an offset or offsets suitable for the stated purpose, or as directed by the Engineer. Contractor shall provide survey notes to each utility owner.

Grade certifications shall be provided by a Licensed Surveyor or a pre -1982 Registered Civil Engineer for each grade plane for the project including, but not limited to, subgrade, base grade, and finished surface.

The Contractor shall be responsible for providing sufficient topographical surveying necessary for determining earthwork cal culations. The Contractor shall verify the accuracy of the existing topography as identified on the plans and provide sufficient survey shots during excavation to establish a full topography of the finish grade surface. Copies of the survey notes shall be submitted to the City Engineer.
486

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

The Contractor shall submit to the Engineer a minimum of 7 days prior to the start of work a list of controlling survey monuments which may be disturbed, or installed per plan. The Registered Land Surveyor shall:
a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after re -establishment of the disturbed controlling survey monuments, or establishment of a new survey monument.

All cost associated with Surveying Services and Construction staking shall be considered included in the cost of various bid items and no additional compensation will be allowed thereafter and shall include full compensation for furnishing all labor, mate rials, tools, equipment, and incidentals, and for doing all the work involved in performing all surveying services for construction staking, tying out existing survey monuments if in conflict with the plan, and resetting conflicting existing monuments, all as shown on the plans, as specified in these special provisions, and as directed by the Engineer.

SECTION 3 — CHANGES IN WORK

3-3 EXTRA WORK

3-3.2.3 MARKUP
[Add the following as the first paragraph]:

The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers, and other personnel not working directly on the change order and pickups or yard trucks used by the above personnel. These costs shall not be reported a s labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

3-3.2.3.1 WORK BY CONTRACTOR
[Add the following]:

The Contractor’s markup to the Contractor’s costs as determined under 3-3.2.2 shall not exceed 20% for labor and 15% for materials and equipment and shall constitute the markup for all overhead and profit on work by the Contractor.

3-3.2.3.2 WORK BY SUBCONTRACTOR
[Add the following]:

487

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 The Contractor’s markup to the Subcontractor’s costs and markup shall not exceed 5% and shall constitute the markup for all overhead and profit for the Contractor on work by the Subcontractor.

SECTION 5 – UTILITIES

5-1 LOCATION

5-1.1 GENERAL
[Add the following]:

Contractor shall understand that the existing underground/overhead facilities as shown on the Drawings are from record only, and NO FIELD CHECK was made to establish their exact location. Also, other underground facilities ma y exist. Therefore, it shall be Contractor's responsibility to locate, protect, and preserve, etc., all existing underground or overhead facilities.

In order to provide sufficient lead time to resolve unforeseen conflicts, order materials and take other appropriate measures to ensure that there is no delay in work, the Contractor shall expose ("pothole") all utility mains that must be crossed or closely paralleled as well as the existing pipelines at all connection points at least fifteen (15) working days in advance of commencing construction. Location of existing pipeline shall include determination of its existing slope at the points of connection. Contractor shall then immediately provide the location and elevations of the "potholed" utilities to the City. In the event information received from potholing indicates a conflict or discrepancy, the City will make recommendations to remedy the conflict or discrepancy.

All costs incurred in exposing utilities shall be included in the cost associated with th e respective bid item listed on the Bid Sheet. All pothole information shall be added to "as built" drawings. It shall be the Contractor's responsibility to determine the type, material, and condition of any utility which may be affected by or affect the work. The Contractor shall call Dig Alert and have all utility companies field locate all underground lines before start of construction.

The City reserves the right to make minor adjustments in pipeline alignment and grade, all at no additional cost to th e City. Failure of the Contractor to comply with these provisions will result in an order to suspend work until these provisions are complied with, and no additional compensation will be allowed as a result of such suspension.

5-6.1 UTILITY COORDINATION
[Add the following section]:

If necessary, t he Contractor shall ensure that the various utility companies relocate their facilities that are in conflict with the Project. The Contractor shall provide sufficient time in the construction schedule to allow for the completion of all utility relocations and manhole adjustments that are necessary to avoid conflicts with the construction of the contract work. 488

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

Full compensation for coordinating efforts with Utility Companies and their contractors, labor, equipment and materials, down time, and any other activity that may pertain to coordinating utility relocations shall be considered included in the cost of various bid items and no additional compensation will be allowed therefor. Extra time may be allowed to the contractor in the event of Utility Companies delaying relocation.

SECTION 6 — PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
[Replace with the following]:

Contractor's proposed Construction Schedule shall be submitted to Engineer within five (5) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

Prior to issuing the Notice to Proceed, Engineer will schedule a pre-construction meeting with Contractor to review the proposed Construction Schedule and delivery dates, arrange for utility construction surveying and utility coordination, discuss construction methods, and clarify inspection procedures.

Contractor shall submit periodic Progress Reports to Engineer by the tenth (10th) day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

6-7 TIME OF COMPLETION

6-7.1 GENERAL
[Add the following]:

The time for completion shall be as set forth in the Instructions to Bidders herein, if not identified in the contract.

The Contractor shall comply with the following schedule:
 City Council Award/Notice of Award: April 21, 2026
 Expected Notice to Proceed: May 4, 2026 (Subject to environmental permits)

The Notice to Proceed date shall be considered the first day of work.

6-7.2 WORKING DAY
[Replace with the following]:

489

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding City designated holidays except as modified below. Deviation from these hours will not be permitted without the prior consent of Engineer, except in emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation, inspection service fees will be charged against Contractor. The service fees will be calcu lated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due Contractor.

6-9 LIQUIDATED DAMAGES
[Replace the last sentence of the first paragraph with the following]:

Liquidated damages shall be as set forth in the Contract.

[Delete the second paragraph in its entirety]

SECTION 7—RESPONSIBILITIES OF CONTRACTOR

7-2 LABOR

7-2.1 PREVAILING WAGES
[Add the following]:

Contractor, and all subcontractors, suppliers, and vendors shall co mply with applicable City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.

7-5 PERMITS
[Add the following]:

Prior to the start of any work, Contractor shall take out the applicable City permits and make arrangements for City inspections. Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility.

7-8 WORK SITE MAINTENANCE

7-8.3 NOISE CONTROL
[Add the following]:

A noise level limit of 86 -dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by Contractor or not. The use of excessively loud warning signals shall b e avoided except in those cases required for the protection of personnel.
490

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

7-8.4.2 STORAGE IN PUBLIC STREETS
[Replace the first paragraph with the following]:

Construction materials and equipment shall not be stored in streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the Engineer. All materials or equipment shall be stored at a location approved by the Engineer.

7-8.6 WATER POLLUTION CONTROL
[Add the following]:

This project is subject to the requirements of the National Pollutant Discharge Elimination System (NPDES) and the associated Construction General Permit (CGP) No. 2009-0009-DWQ as amended by No. 2010 -0014-DWQ and No. 2012-006-DWQ issued by the California State Water Resources Control B oard (SWRCB). This permit regulates storm water discharges associated with construction activities. Copies of the permit can be obtained from the SWRCB website at www.waterboards.ca.gov. The Contractor shall fully inform itself of the conditions of the CGP which govern its operations and shall conduct its construction operations accordingly. Specifically, the Contractor shall comply with the CGP’s discharge prohibitions and receiving water limitations.

The Contractor shall allow authorized agents of the City, SWRCB, Regional Water Quality Control Board (RWQCB), United States Environmental Protection Agency (EPA), local storm water management agency, and other applicable state or federal agencies upon the presentation of credentials and other documents as may be required by law, to:

1. Enter, at reasonable times, upon the construction site and the Contractor’s facilities pertinent to the work.

2. Have access to and copy, at reasonable times, any records that must b e kept as specified in the CGP and these Special Provisions.

3. Inspect, at reasonable times, the construction site and related erosion and sediment control measures.

4. Sample or monitor, at reasonable times, for the purpose of ensuring compliance with the CGP and these Special Provisions.

Conformance with the requirements of this section shall in no way relieve the Contractor from its responsibilities, as provided in Section 5 -1.36, “Property and Facility Preservation” and Section 5-1.39, “Damage Repair and Restoration,” of the State Standard Specifications.

WM-8 Concrete Waste Management along with street sweeping and inlet protection will be the primary BMPs utilized on this project. Contractor’s project manager, superintendent along with the job foreman sha ll be trained and aware of the requirements to ensure water quality protection. Asphalt materials and concrete waste will be protected from entering flow lines and curb inlets.

The Contractor shall be liable for any violations of the CGP issued to the City as a direct result of the Contractor’s failure to comply with the CGP and these Special Provisions. 491

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

7-8.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
[Add the following]:

Although a Storm Water Pollution Prevention Plan (SWPPP) is not required as part of this project, Contractor shall include erosion control measures and Best Management Practices (BMPs), for all phases of the work. The erosion control measures and Best Man agement Practices (BMPs) shall achieve the basic objectives of a SWPPP, and shall satisfy the requirements of the CGP related to the Contractor’s operations for the period of time that the Contractor is responsible for the construction site up to the approval of the Notice of Termination.

7-8.6.4 DEWATERING
[Replace the third sentence with the following]:

Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor.

7-8.6.5 PAYMENT
[Add the following]:

Full compensation for conforming to the requirements in Section 7 -8.6 “Water Pollution Control” and these special provisions shall be considered as included in the contract unit price paid for each respective bid item and no additional compensation will be made therefore.

Payment for dewatering shall be considered as included in the Contract Unit Price for each item in the bid necessitating dewatering.

7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Add the following after the second paragraph]

The Contractor shall protect existing buildings, paving, and other services or facilities on -site and adjacent to the site from damage caused by site work operations. Cost of repair and restoration of damaged items shall be at Contractor's expense.

The C ontractor shall protect the existing environmental area as identified on the plans.

Contractor shall place an orange construction fence at the limits of construction to ensure personnel, equipment, and construction debris do not encroach upon this area. The Contractor shall be responsible for any damages, repairs, or other mitigation assessed by a regulatory body such as US Fish and Wildlife Service, US Army Corps of Engineers, and State Water Quality Resources Board for failure to comply with these requirements.

The quality of construction is the responsibility of Contractor.

7-10 SAFETY

7-10.4.1.1 GENERAL
[Add the following]:

492

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7 -1.04, “Public Safety,” of the State Standard Specifications and these special provisions.

All existing traffic control signs and street name signs shall be maintained in visible locations as directed by the Engineer.

All warning lights, signs, flares, barricade s and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All signs shall conform to and be placed in accordance with the current "Manual of Traffic Controls", issued by the California Department of Transportation for construction and maintenance of work zones.

The Contractor shall utilize Solar Powered Equipment to maintain and control existing traffic.

Battery operated equipment shall be utilized for night time operations.

All construction signs shall be either covered or removed when not required by the nature of the work, or if no present hazard to the motorists exists.

Payment for implementing traffic controls as required by these Special Provisions shall be considered included in the cost of various bid items including full compensation for all labor, materials, and equipment necessary to install and maintain traffic controls throughout the construction period.

7-10.4.2 SAFETY ORDERS
[Add the following]:

Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

7-10.4.1.3 PUBLIC SAFETY DURING NON-WORKING HOURS
[Add the following section]:

Notwithstanding Contractor's primary responsibility for safety on the job site, when Contractor is not present, Engineer may, at his option after attempting to contact Contractor, direct City forces to perform any functions he may deem necessary to ensure public sa fety at or in the vicinity of the job site. If such procedure is implemented, Contractor will bear all expenses incurred by City.

7-15 PAYROLL RECORDS

Payroll records, if required, shall be submitted to City by the tenth (10th) day of each month.

Progress payments will be withheld pending receipt of any outstanding reports.

SECTION 8— FACILITIES FOR AGENCY PERSONNEL

8-1 GENERAL
493

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

8-1.1 FACILITIES FOR AGENCY PERSONNEL
[Replace with the following]:

Facilities for Agency personnel will not be required on this project.

SECTION 9 – MOBILIZATION

9-3.4 MOBILIZATION
[Replace with the following]:

Mobilization shall be paid on the basis of a lump sum price bid for “Mobilization” and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in performing Mobilization, as shown on the exhibits, as specified in these Special Provisions and as directed by the Engineer.

Payments for mobilization will be made as follows:

(a) When 5 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization, or 5 percent of the original contract amount, whichever is lesser, may be paid.

(b) When 10 percent of the original contract amount is earned, 75 percent of the amount bid for mobilization or 7.5 percent of the original contract amount, whichever is lesser, may be paid.

(c) When 20 percent of the original contract amount is earned, 95 percent of the amount bid for mobilization, or 9.5 percent of the original c ontract amount, whichever is lesser, may be paid.

(d) When 50 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization, or 10 percent of the original contract amount, whichever is lesser, may be paid.

Upon completion of all work on the project, payment of any amount bid for mobilization in excess of 10 percent of the original contract amount will be paid.

TECHNICAL SPECIFICATIONS

HAYES AVE. AT MILLER CANYON CREEK BRIDGE REPLACEMENT

CITY PROJECT NO. 25-490
CIP NO. 11004

494

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

THE FOLLOWING TECHNICAL SPECIFICATIONS ARE TO BE USED IN CONJUNCTION WITH THE “STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK)” UNLESS OTHERWISE NOTED.

PART 2 – CONSTRUCTION MATERIALS

SECTION 200 – ROCK MATERIALS

200-2 UNTREATED BASE MATERIAL

200-2.1 GENERAL

Base material for roadway and driveway paving shall be Crushed Aggregate Base (CAB) or Crushed Miscellaneous Base (CMB).

201-1 PORTLAND CEMENT CONCRETE

201-1.1.2 CONCRETE SPECIFIED BY CLASS
[add the following]

Except for bridge construction, a ll Portland Cement concrete for construction in the public right of way shall be Class 560 -C-3250, Type II or V unless otherwise specified in a referenced standard detail.

SECTION 203 – BITUMINOUS MATERIALS

203-6 ASPHALT CONCRETE

203-6.1 GENERAL
[Add the following]:

Asphalt Concrete for paving shall be PG -64-10. Performance graded (PG) binder shall conform to the requirements set forth in Section 92: Asphalts of the Caltrans State Standard Specifications. Reclaimed asphalt pavement (RAP) shall be permitted in the asphalt concrete mix and shall not to exceed 15%. Payment will be per ton and will include all costs to place and compact the Asphalt Concrete.

203-6.4.3 COMPOSITION AND GRADING

Asphalt concrete shall use the B gradation for the base course and the C2 gradation for the finished roadway and driveway overlay courses. When only one course is used, C2 gradation shall be used.

PART 3 – CONSTRUCTION METHODS

SECTION 300 – EARTHWORK
495

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

300-1 CLEARING AND GRUBBING
[Add the following]:

Landscape and irrigation that is disturbed by the construction of the project shall be restored to its original condition. Landscape and irrigation shall be restored consistent with Part 8 of the SSPWC.

Payment shall be included in the cost for bid item “Demolition and Removal of Existing Concrete/Wood Bridge Structure and Wing Walls and Prepare for New Arch Culvert.” And no additional compensation will be allowed thereafter.

300-1.3.2 – REQUIREMENTS

a) Bituminous Pavements [Replace the second sentence with the following]:

Sawcutting of all edges to be joined will be required.

SECTION 301 – TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF

BASE MATERIALS

301-1.3 RELATIVE COMPACTION
[Replace the second sentence with the following]:

When base or subbase material are to be placed on subgrade material, the top six (6) inches of such subgrade material shall be compacted to a relative compaction of 95 percent. When curb, gutter, alley pavement, driveways, or sidewalks are to be placed on subgrade material, the top six (6) inches of such subgrade material shall be compacted to a relative compaction of 90 percent.

SECTION 302 – ROADWAY SURFACING

302-1 COLD MILLING ASPHALT CONCRETE PAVEMENT AND SAWCUTTING [Add the following sections]:

302-1.1 GENERAL

The Contractor shall locate and protect any and all existing, abandoned or undocumented utility facilities, valve covers, manhole covers and frames that may affect cold mill operations. The Contractor shall take all necessary precautions to prevent damage to the above mentioned facilities and/or to the cold milling equipment that may result from said facilities. No additional compensation will be considered.

Milled widths of pavement shall be continuous except for intersections at cross streets where the milling shall be carried around the corners and through the conform lines. Following milling operations, a drop -off of more than 1 " will not be allowed between adjacent lanes open to public traffic. Temporary ramps may be installed as described above in areas where this criterion cannot be maintained.
496

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

302-1.12 PAYMENT
[Replace with the following]:

Full compensation for grinding existing pavement shall be considered as included in the contract price for bid item “Demolition and Removal of Existing Concrete/Wood Bridge Structure and Wing Walls and Prepare for New Arch Culvert ”, including all equipment, labor, disposal of millings and pavement fabric, construction and removal of pavement transitions, any and all incidental and necessary work, and no additional payments will be made thereafter. The equipment shall have the ability to process, grind and remove any existing pavement fabric.

302-5 ASPHALT CONCRETE PAVEMENT
[Add the following]:

Asphalt concrete materials shall conform to Section 203 -6 of the Standard Specifications.

Construction shall be in accordance with Section 302-5 of the Standard Specifications. The weight of asphaltic concrete used on this project will be determined as the weight as shown on the weight tickets for asphaltic concrete. Legible certified weight tickets (tons) of asphalt concrete shall be submitted to the City’s inspector on the job site as the material is delivered and signed, so as to certify delivery and acceptance. Any material, for which weight tickets are not submitted as the material is delivered, will not be accepted.

All paving machines, rollers, automatic screed, laser ski, and control equipment including size, number and type, are subject to the approval of the Engineer and City inspector. A laser ski shall be utilized without exception, unless directed otherwise by City Engineer.

After the final course and/or overlay is completed and before the road surface is open to traffic, the Contractor shall place temporary striping tabs (tab spacing shall not exceed 50’) delineating centerline and lane temporary reflective traffic tape arrows placed at beginning of pocket, and cross walk and limit line delineation shall be min. 12” temporary reflective traffic tape. The cost of temporary striping will be considered as included in the contract unit price for “Construct 4” AC over 12” AB Full Depth Pavement Section” and “0.12’ Mill & Overlay per Detail 2 on Sheet 2”.

302-5.2.2 REMOVAL AND DISPOSAL OF MATERIAL

During the milling operation, the Contractor shall sweep the street with mechanical equipment and remove all loosened material from the Project site until completion of the removal work. The removal crew shall follow within fifty (50) feet of the milling machine unless otherwise directed by the Engineer or City inspector. The Contractor shall take all necessary measures to avoid dispersion of dust. All material removed shall be considered property of the Contractor and shall be disposed of by the Contractor at his expense.

302-5.5 DISTRIBUTION AND SPREADING
[Add the following]:
497

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

In addition to the requirements in Section 302 -5.5, “Distribution and Spreading”, of the Standard Specifications, asphalt paving equipment shall be equipped with automa tic screed controls and a sensing device or devices.

When placing asphalt concrete, the automatic controls shall control the longitudinal grade and transverse slope of the screed. A laser ski shall be utilized without exception, unless directed otherwise by City Engineer. Grade and slope references shall be furnished, installed, and maintained by the Contractor.

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, includin g straight hedge tolerance, of Section 302-5.6.2, “Density and Smoothness”, of the Standard Specifications, the paving operations shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment.

Should the automatic scr eed controls fail to operate properly during any day’s work, the Contractor may use manual control of the spreading equipment for the remainder of the day; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting another day’s work. Pavement surface that is not within tolerance will be subject to profile corrections.

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION

303-1 CONCRETE STRUCTURES

303-1.11 PAYMENT
[Add the following]:

Payment for bid item “Cast-in-Place Foundation per CONTECH Sheet CT-3” shall be paid for on a lump sum price and shall include all equipment, labor, material, concrete, steel, rebar, ties, forms, necessary grading, subgrade preparation, compaction, any and all incidental and necessary work, and no additional payments will be made thereafter.

Payment for bid item “Cast -in-Place Sill Wall” shall be paid for on a lump sum price and shall include all equipment, labor, ma terial, concrete, steel, rebar, ties, forms, necessary grading, subgrade preparation, compaction, any and all incidental and necessary work, and no additional payments will be made thereafter.

303-5 CONCRETE CURBS, CURB AND GUTTERS AND SIDEWALKS

303-5.1 REQUIREMENTS

303-5.1.1 GENERAL
498

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 [Add the following]:

Curbs, curb and gutters and sidewalks shall be constructed to the dimensions as specified in the each of the respective City’s Standard Drawings, but application details and other specifications not explicitly shown or stated in the City’s Standard Drawings, shall conform to Section 303-5 of the Standard Specifications.

306-11 PRECAST CONCRETE ARCH CULVERT.
[Add the following]:

306-11.1 GENERAL
[Add the following]:

These specifications cover the construction of the precast concrete arch culvert intended to be used for the conveyance of stormwater. The precast concrete arch culvert shall be installed per plans, details, and specifications as shown on the CONTECH plans CT-1 through CT15.

306-11.2 STRUCTURE BACKFILL
[Add the following]:

Structure backfill material shall conform to 217.3. Structure backfill placement shall conform to 300-3.5.1. Structure backfill material shall be placed 12 inches from the top and 24 inches from each side. These specifications shall apply unless otherwise provided for on the CONTECH plans.

306-11.3 PAYMENT
[Add the following]:

Full compensation for installing the precast concrete arch culvert per specified size shall be paid per lump sum bid item “Install Pre-Cast CONTECH Bridge Unit including Arch Spans, Wingwalls, Wingwall Anchors, Headwalls, and all Necessary Connection Details per CONTECH Plans CT1 -CT15” and shall include all equipment, labor, material, concrete, steel, rebar, dow els, ties, forms, necessary grading, subgrade preparation, aggregate base , compaction, any and all incidental and necessary work, and no additional payments will be made thereafter.

Full compensation for installing the Concrete Barrier shall be paid per Linear Foot for bid item “Concrete Barrier Type 836 per Caltrans B11 -79 with Tubular Handrails per Caltrans Std Plan B11 -51” and shall include all equipment, labor, material, concrete, steel, rebar, dowels, ties, forms, tubular handrails, any and all incide ntal and necessary work, and no additional payments will be made thereafter.

Full compensation for installing the cable railing shall be paid per Linear Foot for bid item “Cable Railing per Caltrans Standard Plan B11 -47 (all Wingwalls)” and shall include all equipment, labor, material, concrete, steel, rebar, dowels, ties, forms, cable railing, and all incidental and necessary work, and no additional payments will be made thereafter. 499

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS

Traffic Striping, Pavement Markings and Markers, and Curb Markings shall be installed at the locations shown on the Plans or where directed by Engineer, and shall conform to the provisions in Section 84: “Traffic Stripes and Pavement Markings” and Section 85:
“Pavement Markers” of the State Standard Specifications and latest Amendments unless modified herein.

314-2 REMOVAL OF TRAFFIC STRIPING, MARKERS AND PAVEMENT MARKINGS [Add the following]:

Traffic stripes and pavement markings to be removed will be designated by Engineer and shall be removed by sand -blast methods for painted surfaces, and polish grinder methods for thermoplastic coated surfaces. Image shadowing shall be minimiz ed by performing removals in a rectangular block area. When removing pavement markings, the removal process shall be applied to a rectangular area around and covering the pavement marking, such that the resulting pavement does not exhibit a “shadowed” pave ment marking. If, in the opinion of the City Inspector or Engineer, the removal process does not completely erase any sign of the pavement marking, the City Inspector or Engineer may require that the rectangular area be seal coated.

Full compensation for removal of traffic stripes, markers and pavement markings, including any necessary seal coating, shall be considered in the various contract bid item prices for Striping and no additional compensation will be allowed therefor.

314-4 APPLICATION OF TRAFFI C STRIPING AND CURB AND PAVEMENT

MARKINGS

314-4.2 CONTROL OF ALIGNMENT AND LAYOUT
[Add the following]:

The Contractor shall furnish the necessary control points for all markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.

Spotting shall be completed prior to the removal of any existing markings.

Traffic stripes and pavement markings to be removed will be designated by Engi neer and shall be removed by sand-blast method for painted surfaces, and surface abrasion methods for thermoplastic coated surfaces. Image shadowing shall be minimized by performing removals in a rectangular block area.

When more than 1 -coat of paint is t o be applied, the 2nd coat shall be applied at least 7 calendar days after the 1st coat.
500

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

Full compensation for removal of traffic stripes, markers and pavement markings, including any necessary seal coating, shall be considered in the contract unit price for “Remove Striping and RPM’s” and “Remove Type IV Pavement Arrows” and no additional compensation will be allowed therefor.

314-4.3 PAINTED TRAFFIC STRIPING AND PAVEMENT MARKINGS

314-4.3.1 GENERAL
[Add the following]:

Painted traffic stripes (traffi c lines) shall be applied in conformance with the provisions in Section 84, "Traffic Stripes and Pavement Markings," of the State Standard Specifications and these special provisions.

Traffic stripe paint shall conform to the requirements in State Specification No. PTWB-01.

Traffic stripe paint shall be full width for both coats.

The color of the painted traffic stripes shall conform to the requirements in ASTM Designation: D 6628-01.

Retroreflectivity of the painted traffic stripes shall conform to the requirements in ASTM Designation: D 6359-99. White painted traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd m-2 lx-1. Yellow painted traffic stripes and shall have a minimum initial retroreflectivity of 150 mcd m-2 lx-1.

314-4.3.2 PAYMENT
[Add the following]:

Full compensation for furnishing paint shall be considered as included in the Contract prices paid for Pavement Striping (all detail numbers), and no additional compensation will be allowed therefor.

PART 6 - TEMPORARY TRAFFIC CONTROL

SECTION 600 - ACCESS
[Add the following]:

At no point in time shall the Contractor block access to the residential home owners along Hayes Ave.

600-2 VEHICULAR ACCESS
[Add the following paragraphs]:

501

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7-1.09, “Public Safety,” of the State Standard Specifications and these special provisions.

The subject project location along Hayes Ave. is currently closed to vehicular access and will remain closed for the duration of construction. The Contractor will be responsible for maintaining restricted access from the project site for all vehicles, pedestrians, and bicyclist for the duration of the project.

The Contractor’s work force shall not park their vehicles or stage their equipment in a way which blocks access to a residential home.

600-3 PEDESTRIAN ACCESS
[Add the following]:

The subject project location along Hayes Ave. is currently closed to vehicular access and will remain closed for the duration of construction. The Contractor will be responsible for maintaining restricted access from the project site for all vehicles, pedestrians, and bicyclist for the duration of the project.

Bicyclist and pedestrian access shall be in accordance with the Manual on Uniform Traffic Control (MUTCD), 2014 edition and Work Area Traffic Control Handbook (WATCH), 2018 edition.

Attention is directed to Section 6G.05, “Work Affecting Pedestrian and Bicycle Facilities,” Section 6D.01, “Pedestrian Considerations,” and Section 6D.101(CA), “Bicycle Considerations” of the MUTCD.

Bicyclists and pedestrians should not be exposed to unprotected excavations, ope n utility access, overhanging equipment, or other such conditions.

Payment for conforming to these provisions shall be considered as included in the contract lump sum price paid for “ Traffic Control based on WATCH manual and assuming existing road closure.”. Payment shall include full compensation for all labor, materials, and equipment necessary to prepare plans, install, maintain, store, and relocate pavement, traffic control devices, and construction signing during the construction period, for all pedestrian and bicycle traffic. Payment will be made on a basis of the percentage of work completed on the entire project.

SECTION 601 – WORK AREA TRAFFIC CONTROL

601-1 GENERAL
[Add the following]:

Attention is directed to Section 12, “Temporary Traffic C ontrol,” of the State Standard Specifications and to these Special Provisions.

The Contractor shall install temporary railing (Type K) as necessary for construction, or between any lanes carrying public traffic and any excavation, obstacle or storage area when the following conditions exist:
502

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

(1) Excavation -- Any excavation, the near edge of which is 12 feet or less from the edge of the lane, except:

(a) Excavation covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. (b) Excavations less than one foot deep.
(c) Trenches less than one foot wide for irrigation pipe or electrical conduit, or excavations less than one foot in diameter.
(d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction.
(e) Excavations in side slopes, where the slope is steeper than 4:1 (horizontal:vertical).
(f) Excavations protected by existing barrier or railing.

(2) Temporarily Unprotected Permanent Obstacles -- Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day.

(3) Storage Areas -- Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications.

The approach end of temporary railing (Type K), installed in accordance with the requirements in this section “Work Area Traffic Control” and in Section 7-1.09, “Public Safety,” of the State Standard Specifications shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15-foot minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.

Temporary railing (Type K) sha ll conform to the provisions in Section 12 -3.08, “Type K Temporary Railing” of the State Standard Specifications, except temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No. 5 reinforcing steel bar near the top in lieu of the 2 longitudinal No. 5 reinforcing steel bars near the top, as shown on the plans, may be used.

Temporary crash cushion modules shall conform to the provisions in “Temporary Crash Cushion Module” elsewhere in these special provisions.

503

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 Except for ins talling, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the plans and specifications:

Approach speed of public
traffic (Posted Limit)
(Miles per Hour) Work Areas

Over 45 Within 6 feet of a traffic lane but not
on a traffic lane.

35 to 45 Within 3 feet of a traffic lane but not
on a traffic lane.

The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.

When traffic cone or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be consi dered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 11 feet without written approval from the Engineer.

When work is not in progress on a trench or other excavation that required closur e of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure.

Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.

When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Maintaining traffic shall conform to the provisions in 5 -1.37B , "Load Limits"; 7-1.02K(6), "Occupational Safety and Health Standards"; 7-1.03, "Public Convenience"; 7-1.04, "Public Safety"; and Section 12-3.04, "Portable Delineators," of the State Standard Specifications, and these Special Provisions.

All existing traffic control signs and street name signs shall be maintained in visible locations as directed by the Engineer or City Inspector.

The contractor shall conduct his operation in such a manner that traffic will be able to pass through the work and access existing businesses with as little delay as possible.

Contractor shall erect changeable message signs (CMS) in accordance with MUTCD requirements a minimum of five (5) calendar days prior to the start of construction, notifying 504

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 the general public of the upcoming construction event. The CMS shall indicate start and completion dates (the expected duration of the construction). Contractor to coordinate with the Engineer and City Inspector(s ) for the desired language to be displayed on the CMS.

After the five (5) day notification period, Contractor may elect to remove the CMS’s. Should the Contractor elect to maintain the CMS’s beyond the required five (5) day period, no additional compensation will be allowed. All costs shall be included in the unit price bid for “Changeable Message Signs”, and no additional compensation will be made therefore.

Payment shall include full compensation for all labor, materials, coordination, and equipment to deliver, install, maintain, store, and relocate the CMS as required.

All warning lights, signs, flares, barricades, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by Contractor.

All signs shall conform to and be placed in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD) and associated Californ ia Supplements as issued by Caltrans. Traffic control devices shall be new or like-new condition. Traffic control devices that are bent, faded, illegible or otherwise damaged as determined by the City Inspector shall be promptly replaced. All construction signs shall be either covered or removed when not required by the nature of the work, or if no present hazard to the motorists exists.

No payment for extra work will be allowed for work performed as specified in Section 12 -

1.03, "Flagging Costs," of the State Standard Specifications.

Personal vehicles of Contractor's employees may not be parked on the shoulders of any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed. Contractor shall cooperate with local authorities relative to handling traffic through th e area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.

The Contractor shall notify local authorities of the Contractor's intent to begin work or rerouting of traffic at least ten (10) calendar days before work is begun.

In the event the City Inspector determines that the Contractor is not complying with the requirements of the MUTCD and/or the Work Area Traffic Control Handbook (WATCH), the Contractor will be required to cease work and provide a Traffic Control Plan prepared, signed, and stamped by a Civil Engineer to accommodate each phase of traffic control. The Civil Engineer preparing the Traffic Control Plans shall be a Professional Engineer registered with the State of California. The Contractor shall submit Traffic Control Plans to the City and allow two (2) working days for City review and approval. Once approved, Contractor may start work again.

Contractor shall adhere to the requirements set forth in the Work Area Traffic Control Handbook (WATCH), 2018 edition except as otherwise provided for in these specifications.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, Contractor shall immedia tely 505

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 repair said component to its original condition or replace said component and shall restore the component to its original location.

Minor deviations from the requirements of this section which do not significantly change the cost of the work may be p ermitted upon the written request of the Contractor if in the opinion of the Engineer, public traffic will be better served and the work expedited. These deviations shall not be adopted by the Contractor until the Engineer has approved them in writing. Al l other modifications will be made by contract change order.

Payment for conforming to these provisions shall be considered as included in the contract lump sum price paid for “Traffic Control based on WATCH manual and assuming existing road closure”. Payment shall include full compensation for all labor, materials, and equipment necessary to prepare plans, install, maintain, store, and relocate pavement, traffic control devices, and construction signing during the construction period.

506

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

EXHIBIT B

PRICING

BID SHEET

HAYES AVE. AT MILLER CANYON CREEK BRIDGE REPLACEMENT

CITY PROJECT NO. 25-490
CIP NO. 11004

BID

DESCRIPTION

ESTIMATED UNIT UNIT PRICE TOTAL ITEM
PRICE

ITEM QUANTITY
1 Mobilization 1 LS $5,395.00 $5,395.00
2 Bond Costs for Project 1 LS $7,680.00 $7,680.00
3 Pothole Existing Utilities Prior to Demo of
Existing Bridge 1 LS $8,085.00 $8,085.00
4 Develop Construction Water 1 LS $5,130.00 $5,130.00
5 Demolition & Removal of Existing
Concrete/Wood Bridge Structure and Wing
Walls & Prepare for New Arch Culvert
1 LS $20,900.00 $20,900.00
6 Unclassified Excavation – Remove and
Replace Engineered Fill under CONTECH
Foundations per Sheet CT-4
150 CY $234.00 $35,100.00
7 Cast-in-Place Foundation per CONTECH
Sheet CT-3 1 LS $151,255.00 $151,255.00
8 Install Pre -Cast CONTECH Bridge Unit
including Arch Spans, Wingwalls, Wingwall
Anchors, Headwalls, and all Necessary
Connection Details per CONTECH Plans
CT1-CT15
1 LS $110,300.00 $110,300.00
9 Cast-in-Place Sill Wall 1 LS $19,125.00 $19,125.00
10 Cable Railing per Caltrans Standard Plan
B11-47 (all Wingwalls) 48 LF $235.00 $11,280.00
11 Concrete Barrier Type 836 per Caltrans
B11-79 with Tubular Handrails per Caltrans
Std Plan B11-51
40 LF $1,750.00 $70,000.00
12 Midwestern Guardrail System - Transition
Railing (Type AGT) 4 EA $8,835.00 $35,340.00
13 Midwestern Guardrain System - Alternative
In-line Terminal TL-2 (Max Tension) 4 EA $12,160.00 $48,640.00 14 ¼ Ton Rip Rap per Std Dwg 446A 55 TON $297.00 $16,335.00 15 Construct 4” AC over 12” AB Full Depth
Pavement Section 1,670 SF $22.00 $36,740.00
16 0.12’ Mill & Overlay per Detail 2 on Sheet 2 2,400 SF $7.50 $18,000.00 17 Re-stripe Center Line per Plans 1 LS $4,210.00 $4,210.00 18 Traffic Control - Excludes Engineered
Traffic Control Plan. Based on existing road 1 LS $4,235.00 $4,235.00 507

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 closure for entire duration. Only providing
flaggers for access to home owners.

Total Base Bid: $607,750.00
Total Base Bid in Words: Six Hundred Seven Thousand, Seven Hundred and Fifty Dollars

The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid.

508

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

EXHIBIT C

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

Click or tap here to enter text.

509

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

EXHIBIT D

INSURANCE REQUIREMENTS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): 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 (ISO C G 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)

5. Cyber: Vendor/Contractor shall procure and maintain for the duration of the contract insurance against claims for se curity breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this a greement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall 510

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage an d/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional in sured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial Gen eral Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

511

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any an d all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is cancele d or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required d ocuments prior to the work beginning shall not waive the Contractor’s 512

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontr actors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

513

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

EXHIBIT E

PERFORMANCE BOND
PROJECT NAME: ______________________________________________ We,______________________________________________________, as Principal, and ________________________________________________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Murrieta (“City”) for payment of the penal sum of _____________________________________ U.S. Dollars and ____________Cents ($___________________________). City and Principal have entered into an contract, or are about to enter into the contract attached hereto and incorporated by reference herein, for completion of the public works for the property(ies) referenced in said con tract. Surety herein approves of the terms and conditions of said contract and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the contract herein referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the co ntract upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obl igation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder or the plans and s pecifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

Executed this __________________ day of ________________, ________.

Seal of Corporation

Approved as to Form
By:____________________________________ By:_______________________________ Authorized Representative of Principal Tiffany Israel, City Attorney Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

514

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025 Any claims under this bond may be addressed to:

_________________________ ____________________________________ Name Address
____________________________________
City and State
____________________________________
Telephone Number

By:____________________________________
Attorney in Fact or other Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be auth orized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

515

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

EXHIBIT F

PAYMENT BOND
PROJECT NAME: ______________________________________________ We, __ __________________________________________________________, as Principal, and ____________________________________________________________________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Murrieta (“City”) and those for whose benefit this bond insures in the sum of ___ ________________________ U.S. Dollars and __________ Cents ($_________________). City and Principal have entered into a contract, or are about to enter into the contract attached hereto and incorporated by reference herein, for completion of public works f or the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said contract and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the contract herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in §§ 9000, et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the contract upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of comple ting all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the contract. Principal and Surety agree that any payment by Surety pu rsuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in §§ 9000, et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

Executed this _____________________ day of _______________, __________.

Seal of Corporation

Approved as to Form
By:____________________________________ By:______________________________ Authorized Representative of Principal Tiffany Israel, City Attorney Title: _________________________________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
516

Public Works Construction Contract for Emergency Services Template DRAFT(2069797.1).dotx 12/2/2025

Any claims under this bond may be addressed to:

_________________________ ____________________________________ Name Address
____________________________________
City and State
____________________________________
Telephone Number

By:____________________________________
Attorney in Fact or other Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the suret y company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

517
To: Contact: CITY OF MURRIETA JEFFREY J. HITCH, PE
Fax: Murrieta, CA 92562
Address: ONE TOWN SQUARE Phone: (951) 304-2489
7983_CITY OF MURRIETA_HAYES AVE BRIDGE REPLACEMENT Project Name: Bid Number: 7983 Project Location: HAYES AVE AND D ST, MURRIETA, CA Bid Date: 4/8/2026 Total Price Unit Price Unit Item Description Item # Estimated Quantity

GENERAL CONDITIONS
$5,395.00 $5,395.00 1.00 LS MOBILIZATION
$7,680.00 $7,680.00 1.00 LS BOND COSTS FOR PROJECT
$8,085.00 $8,085.00 1.00 LS POTHOLE EXISTING UTILITIES PRIOR TO DEMO OF

EXISTING BRIDGE
$5,130.00 $5,130.00 1.00 LS DEVELOP CONSTRUCTION WATER
$26,290.00 Total Price for above GENERAL CONDITIONS Items:

STORM DRAIN IMPROVEMENT PLANS
$20,900.00 $20,900.00 1.00 LS DEMO & REMOVE EXISTING WOOD BRIDGE & PREPARE

FOR NEW RCB BOX
$35,100.00 $234.00 150.00 CY UNCLASSIFIED EXCAVATION – REMOVE AND REPLACE

ENGINEERED FILL UNDER CONTECH FOUNDATIONS PER
SHEET CT-4
$151,255.00 $151,255.00 1.00 LS CAST-IN PLACE FOUNDATION PER CONTECH SHEET CT-3 $110,300.00 $110,300.00 1.00 LS INSTALL PRE-CAST CONTECH BRIDGE UNIT INCLUDING

ARCH SPANS, WINGWALLS, WINGWALL ANCHORS,

HEADWALLS, AND ALL NECESSARY CONNECTION DETAILS
PER CONTECH PLANS CT1-CT15 (BID BASED ON

ASSUMING RIGGING WILL CLEAR OVERHEAD WIRES)
$19,125.00 $19,125.00 1.00 LS SILL WALL PER DETAIL ON SHEET CT6 $11,280.00 $235.00 48.00 LF CABLE RAIL ON PRECAST WINGWALLS PER CALTRANS B11-47 (4 WALLS)
$70,000.00 $1,750.00 40.00 LF CONCRETE BARRIER TYPE 836 PER CALTRANS B11-79

WITH TUBULAR HANDRAILS PER CALTRANS STD PLAN
B11-51
$35,340.00 $8,835.00 4.00 EACH MIDWESTERN GUARDRAILING SYSTEM - TRANSITION

RAILING (TYPE AGT)
$48,640.00 $12,160.00 4.00 EACH MIDWESTERN GUARDRAILING SYSTEM - ALTERNATIVE IN -LINE TERMINAL TL-2 (MAX TENSION)
$16,335.00 $297.00 55.00 TON 2.7' THICK UNGROUTED 1/4 TN RIP RAP $36,740.00 $22.00 1,670.00 SF CONSTRUCT FULL DEPTH PAVEMENT SECTION PER DETAIL 3 ON SHEET 2
· PER DRTAIL MDC IS BIDDING A PAVING
SECTION OF 4"AC OVER 12" CAB
· EXCLUDES FOG SEAL ON NEW AC
$18,000.00 $7.50 2,400.00 SF 2" MILL & OVERLAY PER DETAILS ON PLANS $4,210.00 $4,210.00 1.00 LS RE-STRIPE CENTER LINE PER PLANS

518
Total Price Unit Price Unit Item Description Item # Estimated Quantity $4,235.00 $4,235.00 1.00 LS TRAFFIC CONTROL - EXCLUDES ENGINEERED TRAFFIC CONTROL PLAN. BASED OFF EXISTING ROAD CLOSURE
FOR ENTIRE DURATION. ONLY PROVIDING FLAGGERS

FOR ACCESS TO EXISTING HOME OWNERS
$581,460.00 Total Price for above STORM DRAIN IMPROVEMENT PLANS Items:
$607,750.00 Total Bid Price:

Notes:
• MDC GENERAL NOTES:
· BID INCLUDES (1) MOVE IN. ADDITIONAL MOBILIZATION S WILL BE BILLED AT THE UNIT PRICE FOR MOBILIZATION. · A MINIMUM OF 2,000LF FULLY GRADED AND SURVEYED IS REQUIRED PRIOR TO MOBILIZATION OF A PRODUCTION CREW · SEWER PLUGGING AND PUMPING FOR CONSTRUCTION PHASE RELEASES IS EXCLUDED. · 5 BY STAKING IS TO BE PROVIDED FOR CENTER LINE AND ELEVATION OF RISER LOCATION FOR ALL APPURTENANCES (NOT CURB

FACE STAKING)
· SURVEY CUT SHEETS ARE TO BE PROVIDED TO MDC FOREMA N PRIOR TO EXCAVATION. · OVER-EXCAVATION AND RECOMPACTION OF UNSUITABLE SOI LS IS EXCLUDED. · PROPOSAL ASSUMES THAT ALL TRENCHES CAN BE EXCAVATE D WITH A CAT 345 EXCAVATOR (OR EQUIVALENT). IF EXCESSIVE HARD DIG CONDITIONS ARE ENCOUNTERED, ABOVE PRICING IS SUBJECT TO CHANGE. · CLEARING, GRUBING, AND REMOVALS OTHER THAN AS SHOW N IS EXCLUDED. · ALL EXCAVATIONS WILL BE BACKFILLED TO 0.5' +/- FRO M EXISTING GRADES. · BID INCLUDES SELECT BACKFILL IN THE PIPE ZONE ONLY (PER GOVERNING AGENCY AND/OR MANUFACTURER'S SPECIFICATIONS).

REMAINING BACKFILL MATERIAL SHALL BE NATIVE SOIL. IN THE EVENT NATIVE SOIL CANNOT BE USED, EXTRA CHARGES TO PROCESS SOIL WILL APPLY.
· SCREENING OF BACKFILL IS EXCLUDED (UNLESS SPECIFIC ALLY INDICATED IN THE PROPOSAL LINE ITEMS). · PROPOSAL EXCLUDES EXPORT OF EXCESS UTILITY SPOILS. MDC WILL SPREAD OUR EXCESS SPOILS ONSITE. · HANDLING AND / OR DISPOSAL OF HAZARDOUS MATERIALS IS EXCLUDED. · ASPHALT / BASE REMOVAL AND / OR PLACEMENT, GRINDIN G, OR OVERLAY, PERMANENT OR TEMPORARY, IS EXCLUDED (UNLESS SPECIFIED IN PROPOSAL LINE ITEMS).
· DRILLING, BLASTING, AND ROCK REMOVAL IS EXCLUDED.
· CATHODIC PROTECTION IS EXCLUDED. MDC WILL COAT A ND WRAP ALL BELOW GRADE STEEL BOLTS AND DUCTILE IRON FITTINGS. · BID IS BASED ON UNOBSTRUCTED ACCESS TO ALL WORK AR EAS. · OWNER / GC TO PROVIDE AND PAY FOR A CONSTRUCTION W ATER SOURCE. · DUST CONTROL WILL BE PROVIDED ONLY UNTIL BACKFILL OPERATION IS COMPLETE. NO WEEKEND DUST CONTROL IS INCLUDED. · DEWATERING, WATER CONTROL, AND NON-CONVENTIONAL EX CAVATION OF SATURATED MATERIAL IS EXCLUDED. · FIELD ENGINEERING AND STAKING IS EXCLUDED.
· UTILITY RELOCATION AND / OR UTILITY BRACING IS EXC LUDED (UNLESS SPECIFICALLY INCLUDED IN PROPOSAL LINE ITEMS). · ALL CURB MARKINGS FOR SEWER AND WATER TO BE DONE B Y OTHERS. · CATCH BASIN FILTERS ARE EXCLUDED (OTHER THAN AS SH OWN) · VIDEO INSPECTION OF PIPELINES IS EXCLUDED UNLESS S PECIFICALLY NOTED IN PROPOSAL. · PROPERTY LINE CLEAN OUTS & BACK WATER VALVES ARE E XCLUDED. · ALL LANDSCAPE AND IRRIGATION REPLACEMENT IS EXCLUD ED. · UTILITY DEMOLITION IS EXCLUDED
· RETAINING WALLS AND BLOCK WALLS OF ANY KIND ARE EX CLUDED. · ALL NECESSARY TREE REMOVALS BY OTHERS.
· EXISTING STREET CLEAN UP OF ANY KIND IS EXCLUDED.
· WALL DRAINS AND UNDERDRAINS ARE EXCLUDED.
· PROPOSAL EXCLUDES REMOVAL OR DISPOSAL OF ANY UNFOR SEEABLE SUBSURFACE DEBRIS, STRUCTURES OR OTHERWISE UNSUITABLE MATERIALS. EXCLUDES HANDLING OR REMEDIATION OF HAZARDOUS MATERIALS. · DETOURS, ACCESS ROADS, PLATING, FENCING, RESTRIPIN G, SIGNAL LOOP REPLACEMENT, TRAFFIC CONTROL & TRAFFIC CONTROL PLAN PREPARATION OF ANY KIND IS EXCLUDED (EXCEPT WHERE SPECIFICALLY INCLUDED IN THE PROPOSAL). ·
TRASH DUMPSTERS ARE TO BE PROVIDED BY THE OWNER / GC.
· ALL ITEMS OF WORK NOT SPECIFICALLY MENTIONED IN TH IS PROPOSAL ARE EXCLUDED. · IF NO PHASING IS PROVIDED AT THE TIME OF THIS BID, WE ARE ASSUMING THAT TESTING & VIDEO CAN BE DONE IN 2,500LF INCREMENTS. IF INCREMENTS OF LESS THAT 2,500LF ARE REQUIRED, ADDITIONAL CHARGES MAY APPLY. · A MINIMUM OF 10 MANHOLES MUST BE PROVIDED FOR 1ST RAISE PER MOBILIZATION AND A MINIMUM OF 20 MANHOLES MUST BE PROVIDED FOR FINAL RAISE PER MOBILIZATION. ADDTIONAL CHARGES WILL APPLY IF THESE MINIMUM QUANTITIES ARE NOT AVAILABLE AT TIME OF MOVE-IN.
· A MINIMUM OF 2O VALVE CANS MUST BE PROVIDED PER MO BILIZATION FOR VALVE CAN RAISES OR ADDITIONAL CHARGES MAY APPLY.
· EXCLUDES ALL V-DITCHES
·
THIS PROPOSAL IS GOOD FOR THIRTY (30) DAYS (FORCE MAJEURE NOT WITHSTANDING)

519
ACCEPTED:

The above prices, specifications and conditions are satisfactory and hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Murrieta Development Inc.

Authorized Signature:

Estimator: Zach Carlson
(951) 719-1680
[email protected]

520
521

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. 22.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Kristen Crane, Assistant City Manager
SUBJECT:

Recommendations from the City Council Code Enforcement Policy Ad-Hoc Subcommittee

ABSTRACT
This report and recommendations are submitted on behalf of the City Council Code Enforcement Policy Ad- Hoc Subcommittee, which was established April 2, 2024.

RECOMMENDATION
Review and discuss the recommendations of the City Council Code Enforcement Policy Ad-Hoc Subcommittee and provide direction to staff on next steps.

PRIOR ACTION/VOTE
At the City Council meeting on April 2, 2024, the City Council established a Code Enforcement Policy Ad-Hoc Subcommittee and appointed Council Members Holliday and Stone to serve on the subcommittee (Vote: 5-0).

STRATEGIC ALIGNMENT
The City Council’sgoal of coordinatingand delivering responsive, effective community services is associated with this Tier 1 project.

DISCUSSION
At the City Council meeting on April 2, 2024, the City Council established an ad-hoc Subcommittee regarding the topic of Code Enforcement. Council Members Holliday and Stone were appointed to the Subcommittee.

Since then, the Subcommittee has met multiple times, along with staff from the City Manager’sOffice, Code Enforcement, Planning, and occasionally the City Attorney’s Office and Public Works.

The Committee has conducted a deep review of the Code Enforcement-related sections of the Murrieta Municipal Code, detailed discussions of specific issues frequently raised related to Code Enforcement, and CITY OF MURRIETA Printed on 4/16/2026Page 1 of 4
powered by Legistar™
522
4/21/2026
Agenda Item No. 22.
field observation activities.

The Code Enforcement team has nine (9) employees, including six (6) Code Enforcement Officers, two (2) Office Assistants, and a manager. For context, in 2025, 1,877 Code Enforcement cases were opened, and 1,699 cases were closed.

Based on the research and efforts of the subcommittee, the following are their recommendations for the full City Council:
· Recommendation #1: Expand Public Education regarding Code Enforcement Based on their thorough review, the Subcommittee recommends that the City work to raise public awareness about code requirements and common challenge areas, including a “check before you build”campaign and providing clarity around the requirements for storage of recreational vehicles. This could also include preparing a flier for local realtors and new residents, a quick reference sheet to be available at the public counter, and periodic articles in the City’s magazine or monthly e-newsletter.

Staff seeks City Council feedback on this recommendation and whether to incorporate greater attention to this topic into the City’s public education efforts. · Recommendation #2: Murrieta Municipal Code (MMC) Language Clean-Up Based on a thorough review of the Code, several clean-up items were identified to clarify inconsistencies and correct typographical errors. These include:
o MMC Section 8.20 - Add definition of “City;”
o MMC Section 8.20.03.E1 - Need to fix references to the RA and AI zones, which no longer exist;
o MMC Section 8.20.03.F - Correct typo - “Blow” should be “blown;” and o MMC Section 10.44.020 - Sections B and C can be consolidated into one section because they are almost verbatim to one another.

If the consensus of the City Council supports this recommendation, staff will return with a future agenda report to address this topic.
· Recommendation #3: Storage in the Downtown Specific Plan The Subcommittee has identified an area of the MMC recommended for clarification and elaboration pertaining to storage containers (e.g. seatainers or conex boxes) in the Downtown Specific Plan area.

The Subcommittee and staff’sunderstanding is that this type of use was not envisioned within the Downtown Specific Plan area, since the vision for this area is to promote a high-quality aesthetic and design standards, and a pedestrian-friendly environment, for which non-permanent, industrial, visually- unappealing structures would not be considered compatible, even with screening.

If the consensus of the City Council supports this recommendation, staff will return with a future agenda report to address this topic.

CITY OF MURRIETA Printed on 4/16/2026Page 2 of 4
powered by Legistar™
523
4/21/2026
Agenda Item No. 22.
· Recommendation #4: Staff Education regarding Sidewalk Vending Requirements and Process The subcommittee spent extensive time learning about the requirements for sidewalk vending.

Relatively recent changes in California law prohibit a City from completely disallowing sidewalk vending; however, there are requirements for sidewalk vendors in place.

The Murrieta Municipal Code (MMC) regulates mobile/roaming and stationary sidewalk vendors as “solicitors”under MMC Chapter 5.20. They are not allowed to obstruct traffic, and if in the public right-of -way, they must leave a clear ADA path of travel. They may also not pass anything from a pedestrian to a vehicle or from a vehicle to a pedestrian. Lastly, they are not allowed on private property unless the property owner has given permission.

Although the City has provisions in place to address the topic of sidewalk vending, an area for improvement is increased staff training and coordination among the various departments that encounter sidewalk vendors (e.g., Code Enforcement, Police Department, Business Licenses). Staff will address this as an operational item.
· Recommendation #5: Establish Minimum Design Standards for Recreational Vehicle Screening The Code is silent on the materials that can be used for screening recreational vehicles stored in front yards or visible side yards. The Subcommittee recommends that the City establish minimal design standards, such as using materials for screening to match neighborhood aesthetics, and to preclude the use of very low-quality materials, such as astroturf and tarps. Even shower curtains could be considered as a screening material without suitable standards.

If the consensus of the City Council supports this recommendation, staff will return with a future agenda report to address this Code change.

In addition to these topics, the Subcommittee considered the pros and cons of a proactive versus reactive approach to Code Enforcement. Historically and currently, the City’sapproach to Code Enforcement has been reactive, which means it is generally complaint-based. The exception to this, is a narrow set of topics related to public health and safety and/or enforcement of the same issue within the near geographic vicinity of a complaint-generated issue/observed similar case. Therefore, to process matters in a timely and thorough manner, implementing a proactive approach would necessitate hiring several additional staff members, which would cost approximately $400,000. Considering other City priorities that require funding, the Subcommittee recommends continuing with the current reactive/complaint-based approach.

PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.

CITY OF MURRIETA Printed on 4/16/2026Page 3 of 4
powered by Legistar™
524
4/21/2026
Agenda Item No. 22.

FISCAL IMPACT
There is no fiscal impact associated with these recommendations. However, the recommendations identified can be incorporated into the City’s operations.

ATTACHMENTS
None.

CITY OF MURRIETA Printed on 4/16/2026Page 4 of 4
powered by Legistar™
525

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. CS1.

Subject:

Conference with Legal Counsel - Anticipated Litigation
The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d) (2), because there is a significant exposure to litigation in one (1) case.

CITY OF MURRIETA Printed on 4/16/2026Page 1 of 1
powered by Legistar™
526

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/21/2026
Agenda Item No. CS2.

CITY OF MURRIETA Printed on 4/16/2026Page 1 of 1
powered by Legistar™
527