ATT 1 – Contract between the City of Murrieta and Roy Allan Slurry Seal, Inc.

For City Clerk Use Only

Contract No._________

PUBLIC WORKS CONSTRUCTION CONTRACT
WITH THE CITY OF MURRIETA (“CITY”)
INFORMAL BIDDING BETWEEN $75,000 and $220,000
Project Name/Description (“Project”): Auto Mall, Da te, and Hobie Resurfacing and Striping Project, CIP No. 13080, MSD Project No. 26-010
Contractor Name (“Contractor”): Roy Allan Slurry Seal, Inc.

Contractor Business Type: Corporation
Contractor Address: 12643 Emmens WaySanta Fe Springs, Ca. 90670 Contractor Representative Name and Title (“Contract or Representative”): Lawrence Allan, President
Contractor Representative Work Phone: 562-864-3363
Contractor Representative Email:
[email protected]
Contract Days: 10 Working Days
Liquidated Damages Sum (per day): $500.00
Termination Date: November 27, 2026
Total Not-To-Exceed Contract Amount (“Contract Sum”): $79,665.72 City Department Contact (“Project Manager”): Garrett P. Strang Department Contact Work Phone: 951-461-6421
Department Contact Email: [email protected]
Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

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

The City maintains a list of qualified contractor s, identified according to categories of work, in accordance with Section 22034 of the Public Contract Code.

Notices inviting informal bids were mailed, faxed, or emailed to all contractors on the list for the category of work to be bid, or mailed, faxe d, or emailed to all construction trade journals in accordance with Section 22036 of the Public Cont ract Code. Additional contractors and/or construction trade journals may have been notified at the discretion of the City if the product or service is proprietary in nature such that it can b e obtained only from a certain contractor or contractors.

All mailings of notices to contractors and constru ction trade journals were completed not less than ten calendar days before bids would be due pursuant to such notice.

The notice inviting informal bids described the project in general terms, stated how to obtain more detailed information about the project, and specified the time and place for submission of bids.

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This Contract, made and entered into effective on t he date executed by the City, by and between the City of Murrieta, a municipal corporation, here inafter 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, furni sh all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the above ent itled 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. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bi ds, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical P rovisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all appl icable permit requirements, any addenda, any applicable Project Labor Agreement, and any other d ocuments included, referenced, or incorporated therein. The Bid Documents are incorporated into this Contract and made part hereof.

In the event of any conflict between the terms of t he Bid Documents 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, (“Greenbo ok”) are incorporated herein, except as explicitly modified by the Bid Documents or further herein. In the event of any conflict between 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 Wo rks 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 con trol 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 furnis h all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

2.6 The Contract Documents include this Contract, the B id Documents, the Standard Specifications, any and all Exhibits there to, all design documents, and contract change orders and all bonds and insurance documents. The C ontract 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 service s 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 expens e 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 ob ligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, whic h may be imposed by law and arise from or are necessary for the Contractor’s performance of the s ervices required by this Contract, and shall indemnify, defend and hold harmless City, its offic ers, employees or agents of City, against any such fees, assessments, taxes, penalties or interes t levied, assessed or imposed 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 their bid as full compensation for furnish ing all materials, performing all work, and fulfilling all obligations hereunder. Said compensa tion shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract docume nts 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 Proje ct in a period not to exceed the Contract Days set forth above, commencin g 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 calenda r days and not as working or business days.

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

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 DI R. 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 Contra ct, 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 first invo ice 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 comple ted and the percentage completion of all scheduled work; (2) the number of units completed f or any work being performed on a unit price basis; (3) a report documenting all issues, concern s, 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 w ork 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 City. City shall independently rev iew each invoice submitted by the Contractor to determine wh ether 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 incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within t hirty (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 submi tted invoice and provided the Project is for construction, Contractor shall be entitled to the p ayment of interest to the extent allowed under Public Contract Code § 20104.50. In the event any c harges 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. Retur ned invoices shall be accompanied by a document setting forth in writing the reasons why t he 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 a ccordance 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.

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 w ork in accordance with § 7107 of the Public Contract Code. In the event of a dispute between C ity and Contractor, City may withhold from the final payment an amount not to exceed one hundr ed fifty percent (150%) of the disputed amount.

6.5 Waiver. Payment to Contractor for work performed pu rsuant 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 approva l 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 awa rded 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 perfor m of up to one hundred eighty (180) days and which are not detrimental to the Work or to the int erest 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 Ord er must be in accordance with the unit prices or rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in t he 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 p ay 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 wo uld increase the cost of such work shall not be permitted. For purposes of this Section, wages shal l 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 labor for work performed by the Subcontractor’s own forces is allowable, plu s 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 curr ent price which such materials and equipment

are reasonably available at the time the work is pe rformed, 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 a nd 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 o f 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 p rovisions 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 Contracto r anticipates and that Contractor shall not be entitled to additional compensation therefor. Ci ty 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 office expenses, including staff, mat erials, and supplies.
j. Trailer or storage rental and expenses, whether on the Site or off the Site.

k. Data processing personnel and equipment
l. Site fencing
m. Utilities, including, without limitation, gas, elec tric, 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 performan ce of other work or the work of other trades on the Project.
q. Capital expenses, including interest on capital emp loyed 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 defined as including the full amount of compensation and expenses including overhead and pr ofit 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 deducti ve Change Orders reducing or removing any portion of the Scope of Wo rk, 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 calculate d 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 Specificat ions 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. Contra ctor 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. Paymen ts 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 paymen ts on the Contract price shall not be considered as an acceptance of any part of the work.

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 act ual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship that do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to Contractor.

Final determination of acceptability shall be made by City. Upon acceptance of the work, City shall file a Notice of Completion. The conditions of the guarantee shall commence on the date that City files a Notice of Completion. City 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 foun d to be due hereunder after deducting all previous payments and such other lawful amounts 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 S um set forth above per day for each calendar day completion is delayed beyond the time allowed p ursuant 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 this Contract shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or neglige nce 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 Projec t Manager in writing of the causes of the delay. The Project Manager shall ascertain the fac ts 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 Proje ct 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 perfo rmance of this 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 thi s 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 aga inst 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.

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 § 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) i mplementing such statutes. The work performed under this Contract is subject to complia nce monitoring and enforcement by the DIR.

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

11.2 Registration with DIR. Pursuant to Labor Code § 17 71.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Contract.

11.3 Prevailing Wages. Contractor shall pay prevailing w ages 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 party 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. Contra ctor shall comply with and be bound by the provisions of Labor Code §§ 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalt ies for failure to pay 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 the worker is employed f or any public work done pursuant to this Contract by Contractor or by any subcontractor.

11.5 Payroll Records. Contractor shall comply with and b e bound by the provisions of Labor Code § 1776, which requires Con tractor and each subcontractor 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 av ailable for inspection as provided by § 1776; and inform the City of the location of the records. 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 bo und 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, Contr actor shall provide City with a copy of the information submitted to any applicable apprentices hip program. Within sixty (60) days after

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 pena lties for workers who work excess hours.

The Contractor shall, as a penalty to the City, for feit 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 e ight (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 Responsibility for Subcontractors. For every subcontractor who will perform work under this Contract, Contract or shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with § 1720) of the California Labor Code, and shall make such complian ce a requirement in any contract with any subcontractor for work under this Contract. Contrac tor 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 cert ified 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 diligently 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 Lab or Code § 1861, Contractor certifies as follows:
“I am aware of the provisions of § 3700 of the Labo r 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 Contract 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 couns el approved by City, and hold harmless City, its officers, officials, em ployees and volunteers (each, an “Indemnitee”)

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 o f 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 rep resenting both City and Contractor, or should City otherwise find Contractor’s legal counsel unac ceptable, then Contractor shall reimburse the City its costs of defense, including without limita tion reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation. The Con tractor shall promptly pay any final judgment rendered against the City (and its officers, offici als, employees and volunteers) with respect to claims determined by a trier of fact to have been t he 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, proceed ing, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was c aused 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 harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracto r 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 sha ll be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

14. INSURANCE.

14.1 Without limiting Contractor’s indemnification of Ci ty, 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 “B” attached hereto and incorporated herein.

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 encounter ed 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 this Contract out to bid will be accepted as an exc use for any failure or omission on the part of Contractor to fulfill in every detail all requireme nts 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 tha t Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, an d (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 conditi ons 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 wor k 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 a ny 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 shal l within ten (10) days after being notified in writing by the City of any defect in the work or no n 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 so le cost and expense, repair, remove and replace any portions of the work (or work of other contract ors) damaged by its defective work or which becomes damaged in the course of repairing or repla cing defective work. For any work so corrected, Contractor’s obligation hereunder to cor rect defective work shall be reinstated for an additional one year period, commencing with the dat e 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 mat erials necessary to gain access, shall be the sole responsibility of the Contractor. All warranti es 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 gu arantees, if necessary, on behalf of the City.

In the event that Contractor fails to perform its o bligations under this Section, or under any other warranty or guaranty under this Contract, to the re asonable 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 there of 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 indi rectly, which would conflict in any manner with 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 conf licts 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 f inancial interest, direct or indirect, in this Contract nor shall any such of ficer or employee participate in any decision relating to the Contract which affects his financia l 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 marr iage relationship, and that they are not in any way associated with any Ci ty officer or employee, or any architect, engineer, or other preparer of the Drawings and Spe cifications for this project. Contractor further warrants that no person in his employ has been empl oyed by City within one (1) year of the date of Notice Inviting Bids. Contractor’s duties and se rvices 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 solicitati on 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. Co ntractor’s participation in the planning, discussions, or drawing of project plans or specifi cations shall be limited to conceptual, preliminary, or initial plans or specifications. Co ntractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any s ubsequent phase of this Project have access to the same information, including all conceptual, pre liminary, or initial plans or specifications prepared by Contractor pursuant to this Contract.

17.4 Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Co ntract or securing favorable treatment with respect thereto.

18. CONTRACTOR’S AFFIDAVIT.

18.1 After completion of the work contemplated by this C ontract, Contractor shall file with the City Manager his affidavit stat ing 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 Assista nt 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 resolution of the corporate board of directors so a uthorizing them to do so is on file in the City Clerk's office.

19.2 Partnerships: Names of all persons comprising the p artnership 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 mu st 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 bidder, unless an up-to-date power of attorney is on file i n the City, in which case said person may sign for the individual. The above rules also apply in t he 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 ex ecution of this Agreement, Contractor shall deliver to the City all of the following bonds:
a. A performance bond securing the faithful performan ce of this 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 “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer 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 bon ds required by this Contract shall be satisfactory only if issued by co mpanies 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 fin ancial 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 o f 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 written request for release a nd provided evidence of satisfaction of all other requirements under this Contract; 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, Contract or 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 b y City to ensure performance under the Contract.

20.6 At the request and expense of Contractor, securitie s equivalent to the amount withheld shall be deposited with City or wit h a State or Federally chartered bank or an escrow agent who shall pay such monies to Contracto r 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.

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 obligat ion 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 Contract or. 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 pe riod 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 w ithout cause, suspend this Contract, or any portion hereof, by se rving 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 otherwis e. If the City suspends 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 Agree ment for cause, Contractor shall provide City with notice of the basis for the termination for ca use 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 termination, Co ntractor shall be entitled to compensation for completion of any portion of the Project accepted b y City up to the effective date of termination unless any portion of the Project is accepted by Ci ty 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 prot ests between the Parties. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

22.2 Section 20104 et seq. of the California Public Cont ract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction cla ims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negot iation 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. Clai ms 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 subm it all claims in the following format:
(i) Summary of the claim, including references to the s pecific Contract Document provisions upon which the claim is based. (ii) List of documents relating to claim: (a) Specificat ions, (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 t o 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 statem ent identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement. (i) 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 withi n 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-da y 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 additi onal information is thereafter required, it shall be requested and provided pursuant to this subdivis ion, upon mutual Contract of City and the Contractor.
(iii) The City’s written response to the claim, as furthe r 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 i n producing the additional information or requested documentation, whichever is greater.
d. Meet and Confer. If the Contractor disputes the Cit y’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 calendar 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 por tion of the claim remains in dispute, the City shall provide the Contractor a written statement id entifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calenda r days after the City issues its written statement. Any disputed portion of the claim, as id entified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City an d 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 an y nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists t he Parties in dispute resolution through negotiation or by issuance of an evaluation. Any me diation 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 thi s 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 n ot constitute an adverse finding with regard to the merits of the claim or the responsibility of qu alifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subseq uent 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 p rocedures pertaining to extra work, disputed work, construction claims, and/or changed condition s, including any required mediation, 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 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. T he 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 cal endar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of bo th Parties or unless mediation was held prior to commencement of the action in accordance with Pu blic 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 perso n as mediator, shall be commenced within 30 calendar days of the submittal, and shall be conclu ded 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 submitted to judicial arbitration pursuant to Chapter 2.5 (co mmencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstand ing Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 201 6.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought un der this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the Parties, arbitrators appoin ted 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 o r potential labor dispute is delaying or threatens to delay the timel y 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 subcont ractors to keep, such ledgers, books of accounts, invoices, vouchers, can celed checks, reports, studies, certified and accurate copies of payroll records in compliance wi th all applicable laws, or other documents relating to the disbursements charged to City and s ervices performed hereunder (the “books and records”), as shall be necessary to perform the ser vices 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, includi ng 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 provided by Contractor’s successor in interest. Notwithstanding the above, the Contrac tor shall fully cooperate with the City in providing access to the books and records if a publ ic 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 decr ease the cost of the work or services contemplated herein, Contractor shall promptly noti fy 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, specification s, maps, designs, photographs, studies, surveys, data, notes, compute r files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors 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 employme nt or additional 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 assig nment to City of any documents or materials prepared by them, and in the event Contractor fails 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. Informa tion gained or work product produced by Contractor in performance of th is 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 officers, employees, agents or subc ontractors, shall not, without prior written authorization from the Projec t Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information co ncerning the work performed under this Contract. Response to a subpoena or court order sha ll 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 s ubcontractor 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 Contra ctor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party reg arding this Contract and the work performed there under. City retains the right, but has no obl igation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Cont ractor 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 any 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, C ity 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 equipme nt on the project necessarily idled during such work. Nothing herein shall be deemed to requir e 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 wr iting. 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 region al 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 requ ires 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 ca ving ground during the excavation of such trench or trenches.

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 au thority has been delegated, prior to the excavation. If the plan varies from the shoring sys tem standards, the plan shall be prepared by a registered civil or structural engineer.

27.3 This Section shall not be deemed to allow the use o f 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, s loping, 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, incl uding providing and maintaining storage facilities, during the life of the Contract to furnish continuous 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 reasonabl y 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 subcontr actors, 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 believ es is hazardous waste, as defined in Section 25117 of the Health and Safety Code; b. Subsurface or latent physical conditions at the sit e differing from those indicated in the specifications; or
c. Unknown physical conditions at the site of any unus ual 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 acti on 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 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 Contract or 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, perform ance 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 cop ies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuant 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. C ontractor 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 c onstruction and all other times and places, including, without limitation, the plans of Contrac tor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance fo r 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 wi thin a reasonable time after 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 be half of or against City, whether by contract or otherwise, unless such authority is expressly confe rred 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, em ployees, or agents are in any manner officials, officers, employees or agents of City. Neither Cont ractor, 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 hav e any control over the manner, mode or means by which Contractor, its agen ts or employees, perform the services required herein, except as otherwise set forth here in. City shall have no voice in the selection, discharge, supervision or control of Contractor’s e mployees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of Cit y and shall remain at all times as to City a wholly independent contractor with only such obliga tions as are consistent with that role. City shall not in any way or for any purpose become or b e 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 reputatio n of Contractor, its principals and employees were a substantial inducem ent for the City to enter into this Contract.

Therefore, Contractor shall not contract with any o ther entity to perform in whole or in part the services required hereunder without the express wri tten approval of the City. All subcontractors 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 volu ntarily 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 owner ship and/or control of Contractor, taking all transfers into account on a cumulative basis. In th e event of any such unapproved 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 wa iver 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 subsequen t breach or violation of any provision of this Contract. Acceptance by City of any work or service s 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 res pect 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 differe nt times, of any other rights or remedies for the same default or any other default by the other party.

33.3 Unfair Business Practices Claims. Pursuant to Publi c 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.

33.4 Discrimination. Contractor covenants that, by and f or 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, m arital status, national origin, 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 wit h any and all costs, including attorneys’ fees, incurred by City.

33.6 Non-liability of City Officers and Employees. No of ficer or employee of the City shall be personally liable to the Contract or, 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 any d ispute, claim or matter arising out of or in relation to this Agreement shall be instituted in t he 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 provisio n of law and clause required by law to be inserted in this Contract sha ll be deemed to be inserted herein, and the Contract shall be read and enforced as though it we re 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 physi cally amended to make such insertion or correction.

33.9 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a co urt of competent jurisdiction, such invalidity or unenforceability shall not affect any of the rem aining 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.

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 ot her 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 purpose s be deemed to be 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 to be g iven 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, i f any, or any modifications or revisions to the standard terms an d conditions herein are made a part hereof as set forth in the “Contract Modifications” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Contract, the provisions of Exhibit A shall govern.

35. FEDERAL FUNDING.

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

[SIGNATURES ON FOLLOWING PAGE]

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025 -27-

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

CITY OF MURRIETA ATTEST :

By:_____________________________ By:_____________________________ Cindy Warren, Mayor Cristal McDonald, City Clerk
Date: ___________________________ Date: ___________ ________________

APPROVED AS TO FORM

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

CONTRACTOR :

By:_____________________________ By:_____________________________ Name:

Click or tap here to enter text. Name: Click or tap here to enter text.

Title: Click or tap here to enter text. 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) Chairperson of the Board, President or any Vice President; and 2) Sec retary, any Assistant Secretary, Chief Financial 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 bus iness City.

Jon Levell, Mayor

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025

EXHIBIT A

CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)

The insurance requirements set forth in Exhibit B are revised as follows:

The requirement in Section 5 for Cyber insurance is eliminated and replaced with the requirements for “Contractor’s Pollution Legal Liabilt y and/or Asbestos Legal Liability and/or Errors and Ommissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.”

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025

EXHIBIT B

INSURANCE REQUIREMENTS

Contractor shall procure and maintain for the dura tion 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 pr oducts and completed operations, property damage, bodily injury and personal & adver tising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the ge neral aggregate limit shall apply separately to this proj ect/location (ISO CG 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 cover ing, 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 th e duration of the contract insurance against claims for security breaches, sys tem failures, injuries to persons, damages to software, or damages to property (includ ing 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, inf ringement 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 agre ement and shall include, but not be limited to, claims involving security breach, syste m failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyri ght, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of e lectronic information. The policy shall

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025 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 entitle d to the broader coverage and/or the higher limits maintained by the Contractor. Any ava ilable 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 IS O 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 Contra ctor ’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as resp ects 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 acce ptable 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, a dditional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Um brella 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 General Liability insu rance. 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.

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025 Waiver of Subrogation
Contractor hereby grants to City a waiver of any ri ght 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 ma y 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 app roved by the City. The City may require the Contractor to purchase coverage with a lower retent ion or provide proof of ability to pay losses and related investigations, claim administration, a nd defense expenses within the retention. The policy language shall provide, or be endorsed to pr ovide, 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 rete ntion (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all ded uctibles and SIRs shall be the sole responsibility of Contractor or subcontractor who p rocured such insurance and shall not apply to the Indemnified Additional Insured Parties. City ma y 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 t o the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustm ent Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a cop y 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 ins urance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled 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 m inimum 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 coverag e 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 b efore work commences. However, failure to obtain the required documents prior to the work beg inning shall not waive the Contractor’s

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025 obligation to provide them. The City reserves the r ight 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 requirement s, 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 subcon tractors maintain insurance meeting all the requirements stated herein, and Contractor shall en sure 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 n ot limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years fo r Completed Operations liability coverage. Such Insur ance 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 requirement s, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025

EXHIBIT C

PERFORMANCE BOND
We,________________________________________________ ______, as Principal, and ___________________________________________________ _____, as Surety, jointly and severally, firmly bin d ourselves, our heirs, representatives, successors a nd assigns, as set forth herein, to the City of Mur rieta (“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 ente r into the contract attached hereto and incorporated by refere nce herein, for completion of public works for the property(ies) referenced in said contract. Surety herein approves of the terms and conditions of said contract and b inds itself to faithfully perform the obligations of Principal the rein if Principal fails to so perform. Surety ackno wledges that the contract herein referenced shall be that document a s executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if th e Principal shall in all things stand to and abide by, and well and truly keep and perform all of the cove nants, 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 har mless the City, City’s engineer, and their consulta nts, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligatio n 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 contract upon Principal's de fault after notice and within the time specified in the agreement, Sur ety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of complet ing all of Principal's obligations. Surety's obliga tion 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 conclusi vely 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, al teration, or addition to the terms of the contract, or the work to be performed thereunder or the plans and specification s, or any matters unknown to Surety which may affec t Surety's risk shall in any wise affect its obligation on thi s bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is requ ired to engage the services of an attorney in conne ction 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

By:____________________________________
Authorized Representative of Principal
Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIV ES)

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025 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 REPRESENTATIV E)
Furnish the name, address and phone number of the c ompany agent as well as the surety company.

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

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025

EXHIBIT D

PAYMENT BOND
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 insu res 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 for 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 perfo rm. 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 o f the agreement for materials furnished or for labo r 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 s um specified above, and also shall pay, in case sui t 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 con tract upon Principal's default after notice and within the tim e specified in the agreement. If Surety fails to pe rform within the times specified in the agreement, Surety shall prom ptly on demand deposit with City such amount as Cit y may reasonably estimate as the cost of completing all o f Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy betwe en Principal and City regarding Principal's failure under the contract. Principal and Surety agree that any paym ent by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be d eemed proper payment as between Principal and Surety.

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

Surety agrees that no change, extension of time, al teration, 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 thi s 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 addi tion to the above sums.

Executed this _____________________ day of ________ _______, __________.

Seal of Corporation

By:____________________________________
Authorized Representative of Principal
Title: _________________________________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIV ES)

Public Works Construction Contract Between $75k and $220k Template DRAFT(1008641.4)(2063675.1).dotx 11/7/2025

Any claims under this bond may be addressed to:

_________________________ _____________________ _______________ Name Address
____________________________________
City and State
____________________________________
Telephone Number

ATTACHMENT 1
PROPOSAL - AMERICAN ASPHALT SOUTH, INC.

PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE CITY OF MURRIETA

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010
PROPOSAL - ROY ALLAN SLURRY SEAL, INC.

CIP No. 13080
11922 Bloomfield Ave.Santa fe Springs, CA. 90670(phone)562-864-3363 (fax)562-864-6612PROPOSAL and CONTRACT26-147CONTRACTOR'S LICENSE NO. 372798 CLASS A, C12, C32DIR PUBLIC WORKS REGISTRATION # 1000001156OwnerAddress:Wednesday, June 17, 2026DateCITY OF MURRIETAJobName:AUTO MALL PARKWAY SLURRY SEALLocation:AUTO MALLCity:MURRIETABidDate:06/17/26 0:00Job Type: PREVAILING WAGERepresentative:Phone:Fax:BidNo:ItemNoQuantityUnitItemUnitPriceTotal011L.S.CRACK SEAL 1/4" OR GREATER$9,080.400$9,080.4002252888S.F.RPMS TYPE I I$0.265$67,015.32031L.S.STRIPING REMOVALS$3,570.000$3,570.00Grand Total$79,665.72Excludes1 A/C REPAIRS.2 REMOVAL & REPLACEMENT OF STRIPING, MARKINGS, RPMS.3 STRIPING AND MARKINGS AND RPMS.4 ***STAGING AREA (MUST BE PROVIDED)***.Includes1 TRAFFIC CONTROL FOR SLURRY SEAL.2 SWEEPING FOR SLURRY SEAL.3 WEED REMOVAL.4 POST & NOTIFY FOR SLURRY SEAL.Contract invoice shall be paid at 95% of each invoice as submitted; 5% retention to be paid within 35 days after final acceptance or 6 months from date of each invoice whichever occurs first. No retention will be held on a purchase order.CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSEBOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS:Contractor's State License Board 9835 Gothe Road, Sacramento, CA 95827Accepted: _________________By:________________________ __________________ Authorized Signature(Buyer) Print NameDate:_______The above unit price will remain effective for 30 days from: 6/17/2026Terms of PaymentROY ALLAN SLURRY SEAL, INC.CONTRACTOR'S LICENSE NO. 372798BY:____________________ BY:____________________*Quote is null and void if project requires a Project Labor Aggreement (PLA)* ATTACHMENT 2

PROJECT SPECIFICATIONS AND SCOPE OF WORK

PUBLIC WORKS CONSTRUCTION CONTRACT WITH THE CITY OF MURRIETA

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010
CIP No. 13080

CITY OF MURRIETA

PLANS, SPECIFICATIONS, AND

CONTRACT DOCUMENTS

FOR

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING

PROJECT
MSD PROJECT NO. 26-010

GARRETT P. STRANG

CAPITAL PROJECTS PROGRAM MANAGER

CITY OF MURRIETA

DEPARTMENT OF MUNICIPAL SERVICES
1 Town Square
Murrieta, California 92562
(951) 461-6421

(Class “A” or “C-12” Contractor’s License)

Published June 15, 2026

CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING TABLE OF CONTENTS ii 6/15/2026
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TABLE OF CONTENTS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE ........................................................... R-1

GENERAL SPECIFICATIONS ...................................................................................... GS-1 – GS-3

SPECIAL PROVISIONS ............................................................................................................ SP-1 – SP-9

TECHNICAL SPECIFICATIONS ......................................................................................... TS-1 – TS-23

APPENDICES

APPENDIX A — MAP AND LIST OF STREETS TO BE SLURRIED

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
RELEASE R-1 6/15/2026
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CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE

This is to certify that

FILL IN CONTRACTOR'S NAME
(hereinafter the "undersigned") declares to the Cit y of Murrieta, hereinafter referred to as "City," under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the ex ecution of its contract with City with regard to the building, erection, construction, or repair of that certain work of improvement known as MSD PROJECT NO. 26-010 , situated in the City of Murrieta, State of Californ ia, more particularly described as follows:

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT

The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract that would constitute grounds for any third party to claim a stop notice of any unpaid sums owing to the undersigned.

Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit City and all agents and employees of City, and each of them, from any and all claims, debts, demands, or causes of action that exist or might exist in favor of the undersigned by reason of the Contract executed between the undersigned and City or that relate in any way to the work performed by the undersigned with regard to the above-referenced construction project.

Further, the undersigned expressly acknowledges its awareness of, and waives the benefits of, Section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims that the creditor does not kno w or suspect to exist in his favor at the time of executing the release, which if known by him must h ave materially effected his settlement with the debtor."

This release is intended to be a full and general r elease of any and all claims that the undersigned now has or may, in the future, have against City and/or its agents and employees with regard to any matter arising from the construction of the above-referenced project or the Contract between City and the undersigned with respect thereto, whether such claims are now known or unknown or are suspected or unsuspected.

CONTRACTOR

Dated:___________________________ By: _____________ ____________________________ Signature

_________________________________________
Print Name and Title

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
GENERAL SPECIFICATIONS GS-1 6/15/2026
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GENERAL SPECIFICATIONS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

SCOPE OF WORK

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above-stated project. The general items of work to be done hereunder consist of:

The placement of SLURRY SEAL at Auto Mall Parkway, Date Street, and Hobie Circle. The scope of work shall includes but is not limited to stripi ng removals, crack sealing, surface prep, street sweeping, traffic control, slurry sealing, and other ancillary work as shown on the plans, these special provisions or as directed by the Project Manager.

LOCATION OF WORK

The general locations and limits of work are as follows:

• Auto Mall Parkway – from Jefferson Ave. to Date St.
• Date Street – from Jefferson to Auto Mall Pkwy.
• Hobie Circle – from Auto Mall Pkwy to Date St.

TIME OF COMPLETION

Contractor shall complete all work in every detail within the time limits specified in the Contract

UTILITY REQUIREMENTS

Contractor is advised of the existence of the utili ty 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 C ontractor gives at least two (2) working days' notice to USA by calling l-800-422-4133.

Contractor shall notify the agencies listed in Appendix A 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 Utilities 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

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
GENERAL SPECIFICATIONS GS-2 6/15/2026
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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 m anner 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 pro perty owner before any diversion of water outside of public right-of-way will be permitted.

STANDARD SPECIFICATIONS

The Standard Specifications of City are contained in the 2015 edition of the Standard Specifications for Public Works Construction , 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

The Standard Specifications for 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 Section 307.

The Standard Specifications, Department of Transportation, State of California, May 2018 State 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 Specificat ions 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 that only the best general practice is to be used. Unless otherwise specified, Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

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.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
GENERAL SPECIFICATIONS GS-3 6/15/2026
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Apprentices

Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Com mittee 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 ratio of apprentices to journeymen to be used in the performance of the Contract.

Contractor is required to make contributions to fun ds 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, c ontributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

Clayton Act and Cartwright Act

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 a ll causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Ca rtwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services, or materials pursuant to the Co ntract 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.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-1 6/15/2026
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SPECIAL PROVISIONS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

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

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 pro perly authorized agents, each agent acting only within the scope of authority designated to him.

Engineer

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

E.V.M.W.D. -

Elsinore Valley Municipal Water District

E.M.W.D. -

Eastern 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 f inal acceptance, he shall call for a final acceptance inspection.

Director will inspect the project to verify its com pletion.

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 lis t 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 certi fy to the Board, which may accept the completed work. Upon
acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-2 6/15/2026
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Federal - United States of America

Standard Specifications - Standard Specifications f or Public Works Construction, 2015 edition

State Standard
Specifications
State of California, Department of Transportation,
Standard Specifications , dated May 201 8

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

R.C.F.C.D. & W.C.D. - Riverside County Flood Contro l 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 substant ially completed as defined above.

The substantial completion date will be determine d 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 ins pection.

Director will inspect the total project to verify i ts
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 mus t 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 tim e,
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, th ese diversions or restric ted lanes become the traveled way.

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

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-3 6/15/2026
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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.

SECTION 2 — SCOPE AND CONTROL OF WORK

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

Within ten (10) working days after the date of the Notice to Award, Contractor shall execute and return the following Contract Documents to City:

-Payment Bond
-Performance Bond
-Certificate of Insurance (COI)
-City of Murrieta Vendor Application
-City of Murrieta Business License
-W-9

Failure to comply with the above will result in annulment of the award.

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 requ ired, before the Contract Agreement is executed by City, to furnish evidence of its corpor ate existence, of its right to enter into contracts in California, and that the officers signing the Co ntract 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 neces sary due to the unknown existing conditions.

It is Contractor's responsibility to retain the des ign intent. If a layout discrepancy should occur, Contractor is to contact City's representative.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-4 6/15/2026
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2-5.3 SUBMITTALS
[Add the following]:

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

No. Submittal Section Reference
1 Encroachment Permit : City of Murr ieta 7-5 Permits
2 Emergency Contact List
3 Construction Schedule 6-1.1 Schedule
4 Mix Design : Type II RPMS 203 -3.4.4.4 Mix Design Asphaltic emulsion 203 -3.4.4.2 Materials
Polymer Additive 203 -3.4.4.2 Materials
Crumb Rubber 203 -3.4.4.2 Materials
Carbon Black Solution 203 -3.4.4.2 Materials
Aggregate 203 -3.4.4.2 Materials
5 Crack Sealant /Fill 302 -14.2 Materials
6 Continuous Mixer Calibration Report 302 -4.3.4 Calibration 7 Notices: 302-4.5 Scheduling, Public
Convenience and Traffic Control
a. Advanced Construction Notice
b. Door Hanger, Single Coat (English/Spanish)
c. Door Hanger, Two Coats (English/Spanish)
d. No Parking Signs

2-6 WORK TO BE DONE

2-6.1 CITY-FURNISHED MATERIALS

Materials will not be furnished by the City on this project.

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

2-9 SURVEYING

2-9.2 SURVEY SERVICE
[Replace 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 p re-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.

Before starting any survey work, the Contractor sha ll submit in writing for approval by the Engineer, the proposed procedures, methods, equipme nt, and typical stake markings to be used.

All procedures, methods, typical stake markings sha ll be in accordance with the latest edition of the California Department of Transportation “Surveys Manual.” Special attention shall be made

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-5 6/15/2026
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to Chapter 12, "Construction Surveys." Copies of t he "Surveys Manual" are available to the Contractor, at the Department of Transportation, Pl ans and Bid Documents counter, Room 39, 1120 N Street, P.O. Box 942874, Sacramento, CA 9427 4-0001 or on the Caltrans website at www.dot.ca.gov .

The Contractor shall be responsible for protecting all existing horizontal and vertical survey controls . Monuments, ties and bench marks located within t he limits of the project. If any of the above require 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 durin g construction shall be reset per Caltrans 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 existing 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").

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 as labor or equipment elsewhere except whe n 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 (a) Work by Contractor
[Add the following]:

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

3-3.2.3 (b) Work by Subcontractor
[Add the following]:

The Contractor’s markup to the Subcontractor’s cost s and markup shall not exceed 5% and shall constitute the markup for all overhead and profit for the Contractor on work by the Subcontractor.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-6 6/15/2026
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SECTION 5 - UTILITIES

5.6.1 UTILITY COORDINATION
[Add the following section]:

Any cost associated with coordinating with utility companies shall be considered included as part of this contract. Payment for Utility Coordination shall be included in the various bid items of work and no additional compensation shall be allowed thereafter.

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 b e submitted to Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be in graphic form, bar graph, or such similar form as is accepta ble to the City's representative showing the proposed dates of commencement, critical path items , and completion of each of the various subdivisions or units of work required under the Contract. Items on the schedule shall be arranged in the order and sequence in which they will be per formed. The schedule shall conform to the working time and time of completion established und er the terms of the Contract and shall be subject to modifications by and review of the City's representative. When necessary, in the opinion of the City's representative, the Contractor, when so ordered, shall modify the schedule to conform to such requirements.

6-7 TIME OF COMPLETION

6-7.1 GENERAL
[Add the following]:

The time for completion shall be as set forth in the Contract

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

Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday. Deviation from these hours will not be perm itted without the prior consent of the Project Manager, except for emergencies involving immediate hazard to persons or property.

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

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

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-7 6/15/2026
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Liquidated damages shall be as set forth in the Contract.

[Delete the second paragraph in its entirety.]

SECTION 7—RESPONSIBILITIES OF CONTRACTOR

7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES
[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 be avoided except in those cases required for the protection of personnel.

7-2 LABOR

7-2.2 LAWS
[Add the following]:

Contractor, and all subcontractors, suppliers, and vendors shall comply 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 ta ke 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.

The Contractor shall be responsible for obtaining a no-fee encroachment permit with the City of Murrieta.

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 Per mit (CGP) No. 2009-0009-DWQ and subsequent amendment No. 2010-0014-DWQ issued by th e California State Water Resources Control Board (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 c onstruction operations accordingly.

Specifically, the Contractor shall comply with the CGP’s discharge prohibitions and receiving water limitations.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-8 6/15/2026
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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 s ite and the Contractor’s facilities pertinent to the work.

2. Have access to and copy, at reasonable times, any records that must be kept as specified in the CGP, SWPPP, 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 pur pose of ensuring compliance with the CGP, SWPPP, 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 7-1.11, “P reservation of Property,” and Section 7-1.12, “Responsibility for Damage,” of the State Standard Specifications.

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, SWPPP, and these Special Provisions.

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

Protect existing building, paving, and other servic es or facilities on-site and adjacent to the site from damage caused by site work operations. Cost o f repair and restoration of damaged items shall be at Contractor's expense.

The quality of construction is the responsibility o f the Contractor and is subject to sign off by Public Works Inspector or City Engineer. Any work p erformed without public works inspection is subject to rejection.

7-10.4.1 SAFETY ORDERS
[Add the following paragraph]:

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.

7-10.4.5 PUBLIC SAFETY DURING NON-WORKING HOURS

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 safety at or in the vicinity of the job site. If such procedure is implemented, Contractor will bear all expenses incurred by City.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
SPECIAL PROVISIONS SP-9 6/15/2026
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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

8-1.1 FACILITIES FOR AGENCY PERSONNEL

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, materia ls, tools, equipment, and incidentals for doing all the work involved in performing Mobilization, a s 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 contract 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.

(e) 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.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-1 6/15/2026
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TECHNICAL SPECIFICATIONS

AUTO MALL, DATE, AND HOBIE RESURFACING AND STRIPING PROJECT MSD PROJECT NO. 26-010

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

PART 2 – CONSTRUCTION MATERIALS

SECTION 203 – BITUMINOUS MATERIALS

203-3.4.4 RUBBERIZED POLYMER MODIFIED EMULSION (RPME).
[DELETE in its entirety and SUBSTITUTE with the following]:

203-3.4.4 RUBBER POLYMER MODIFIED SLURRY (RPMS).

203-3.4.4.1 General.

Rubber polymer modified slurry (RPMS) is a crumb rubber asphalt slurry seal surface treatment.

RPMS shall be a stable mixture of asphaltic emulsion, mineral aggregate, set control additives, specially produced and graded crumb rubber, polymer, mineral fillers, carbon black, and water.

The materials for RPMS shall conform to 203-5.4, “Emulsion-Aggregate Slurry (EAS)” and these specifications. Mixing and spreading of RPMS shall be as described in 302-4.12, “Rubber Polymer Modified Slurry (RPMS)”.

203-3.4.4.2 Materials.

A. The ingredients of RPMS immediately prior to the mixing shall conform to the following:

1. Asphaltic emulsion shall be a quick-set type and shall conform to the requirements of CQS-1h and to the following requirements in accordance with the specified test methods:

Quality Tests
For Emulsion Test Requirements
AASHTO T59 Residue after
Distillation 60% min. AASHTO D244
Quality Tests
For Emulsion Test Requirements
AASHTO T49 Penetration at
77° F (25° C) 40% - 90% AASHTO D2397

B. Quick setting Type CQS-1h Asphaltic Emulsion shall test positive for Particle Charge when tested in accordance with the applicable ASTM test designation. If the Particle Charge Test result is inconclusive, the asphaltic emulsion shall meet a pH requirement of

6.7 maximum.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-2 6/15/2026
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C. Water shall be potable and of such quality that the asphalt will not separate from the emulsion before the application of slurry seal.

D. If necessary for workability, a set-control agent that will not adversely affect the RPMS material may be added.

E. Polymer additive shall be SBR Latex or approved equal, which is added at a minimum of 2% by weight of the asphaltic emulsion.

F. Crumb Rubber.

1. Crumb rubber shall be ambient granulated or ground from whole passenger tires, truck tires, or a combination only in conformance with the requirements indicated in Tables 203-3.4.4.2 (A), 203-3.4.4.2 (B), and 203-3.4.4.2 (C).

2. Un-curing or de-vulcanized rubber shall not be acceptable. Rubber tire buffing from either recapping or manufacturing processes may not be used as a supplement to the crumb rubber mixture.

3. In order to remove steel and fabric, an initial separation stage which subjects the rubber to freezing temperatures may be used.

4. The crumb rubber shall not be elongated or hair-like in shape and individual particles shall not be greater than 1/20 of an inch in length.

5. The crumb rubber shall be free of contaminants including fiber, metal, and mineral matter within the following tolerances: the fiber content shall be less than 0.30% by weight and the crumb rubber shall be free of metal particles. Metal imbedded in rubber particles shall not be allowed. The amount of mineral contaminants allowed shall not exceed 0.10% by weight.

6. The crumb rubber shall be dry with a moisture content of less than 0.75%.

TABLE 203-3.4.4.2 (A)

CRUMB RUBBER CHEMICAL PROPERTIES SPECIFICATION

Property Specification Limits
Specific Gravity 1.15 ± .05
Percent of Carbon Black 35.0 Maximum
Percent of Rubber Hydrocarbon 55.0 Maximum
Percent Ash 6.0 Maximum
Percent of Acetone Extract 10.0 Maximum
Percent of Chloroform Extract 3.0 Maximum
Percent Natural Rubber 40 Minimum

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-3 6/15/2026
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TABLE 203-3.4.4.2 (B)

CRUMB RUBBER GRADATION REQUIREMENTS
Sieve Size Percent Passing
No. 30 100
No. 40 90 -100
No. 50 75 -85
No. 100 25 -35
No. 200 0-10

TABLE 203-3.4.4.2 (C)

TESTING METHODS FOR CRUMB RUBBER ANALYSIS
Property Test Method
Specific Gravity ASTM D1817
Carbon Black ASTM D297
Ash ASTM D297
Chloroform Extract ASTM D297
Natural/Synthetic Rubber ASTM D297
Sieve Analysis ASTM C136

7. Carbon black solution shall be non-ionic in charge and liquid in form. The carbon black shall be compatible with the emulsion system, polymers, and additives being used and shall conform to the requirements indicated in 203- 3.4.4.2 (D) and ASTM D1511.

TABLE 203-3.4.4.2 (D)
Specification Tolerances
Total Solids 40 - 44
% Black by Weight 35 - 37
Type Black Medium Furnace Color
Type Dispersing Non -ionic

8. Additives may be used to accelerate or retard the break-set of the RPMS. The use of additives shall be in quantities specified in the mix design.

9. Mineral filler such as Portland cement, hydrated lime, limestone dust, fly ash, or other approved filler meeting the requirements of ASTM D242 shall be used if required by the mix design and may be used to facilitate set times as needed. Any cement used shall be considered as part of the dry aggregate weight for mix design purposes.

10. The mineral aggregate used shall be the type and grade specified for the particular Type of RPMS. The aggregate shall be manufactured crushed stone such as granite, slang, limestone, chat, other high quality aggregate, or a combination thereof.

Aggregate shall consist of rock dust except that 100% of any aggregate of combination of aggregates larger than the No. 50 sieve size used in the mix shall be obtained by crushing rock. The material shall be free from vegetable matter and other deleterious substances. The aggregate shall be free of caked lumps and oversized

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-4 6/15/2026
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particles. The aggregate shall also conform to the following requirements in Table 203-3.4.4.2 (E).

TABLE 203-3.4.4.2 (E)
Test California Test Requirements
Sand Equivalent 217 45 min.

Durability Index 229 55 min.

203-3.4.4.3 Composition and Grading.

A. The percentage composition by weight of the aggregate shall conform to the requirements indicated in the tables below when determined by California Test 202 and modified by California Test 105 when there is a difference in specific gravity of 0.20 or more between blends of different aggregates.

TABLE 203-3.4.4.3 (A)

TYPE I SLURRY SEAL GRADATION
Sieve Size Percentage Passing Stockpile Tolerance
No. 4 100 ± 5%
No. 8 90 -100 ± 5%
No. 16 65 -90 ± 5%
No. 30 40 -60 ± 5%
No. 50 25 -42 ± 4%
No. 200 10 -20 ± 2%

TABLE 203-3.4.4.3 (B)

TYPE II SLURRY SEAL GRADATION
Sieve Size Percentage Passing Stockpile Tolerance
No. 3/8 100 ± 5%
No. 4 90 -100 ± 5%
No. 8 65 -90 ± 5%
No. 16 45 -70 ± 5%
No. 30 30 -50 ± 5%
No. 50 18 -36 ± 4%
No. 100 10 -24 ± 3 %
No. 200 5-15 ± 2 %

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-5 6/15/2026
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TABLE 203-3.4.4.3 (C)

TYPE III SLURRY SEAL GRADATION
Sieve Size Percentage Passing Stockpile Tolerance
No. 3/8 100 ± 5%
No. 4 70 -90 ± 5%
No. 8 45 -70 ± 5%
No. 16 28 -50 ± 5%
No. 30 19 -34 ± 5%
No. 50 12 -25 ± 4%
No. 100 7-18 ± 3 %
No. 200 5-15 ± 2 %

B. The job mix (target) gradation shall be within the gradation band for the desired type.

After the target gradation has been submitted, the percent passing each sieve shall not be more than the stockpile tolerance.

C. The aggregate shall be accepted at the Site or stockpile. The stockpile shall be accepted based on 5 gradation tests according to California Test 202, modified by California Test 105 when there is a difference in specific gravity of 0.2 or more between blends of different aggregates. If the average of the 5 tests is within the gradation tolerances, then the material will be accepted. If the test shows the material to be out, you may choose to remove the material or blend other aggregates with the stockpile material to bring it into compliance with these specifications. Materials used in blending shall meet the quality test before blending and shall be blended in a manner to produce a consistent gradation.

D. When the results of either the Aggregate Grading or the Sand Equivalent test do not conform to the requirements specified, the aggregate shall be removed. However, if requested in writing and approved by the Engineer, the aggregate may be used and you shall pay to the agency $1.75 per ton for such aggregate left in place. No single aggregate grading or sand equivalent tests shall represent more than 300 tons or one day’s production, whichever is smaller.

203-3.4.4.4 Mix Design.

A. Before Work begins, Contractor shall submit laboratory reports of mix designs performed in accordance with the tests identified in Table 203-3.4.4.4 at Contractor’s expense and shall utilize the specific materials to be used on the project. The design shall be prepared by a laboratory experienced in designing rubber asphalt slurry-seal surface treatments.

After the mix design is approved, no substitution shall be made unless approved by the Engineer. The proposed rubber asphalt slurry-seal surface treatment mix design shall verify compatibility of the aggregate, emulsion, mineral filler, set-control additive, and rubber blend.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-6 6/15/2026
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TABLE 203-3.4.4.4
Test Description Specification
ISSA T -106 Slurry Seal Consistency Pass
ISSA TB -109 Excess Asphalt 50 grams/ft 2 maximum
ISSA TB-100
(Type I)
The Wet Track
Abrasion 50 grams/ ft 2 maximum
ISSA TB-100
(Type II)
The Wet Track
Abrasion 60 grams/ ft 2 maximum
ISSA TB-100
(Type III)
The Wet Track
Abrasion 60 grams/ ft 2 maximum
ISSA TB-113 Mixing Time Controllable to
150 seconds minimum
ISSA TB -114 The Wet Stripping Pass

B. The Mixing Time test shall be done at the highest temperatures expected during construction. The original lab report shall be signed by the laboratory that performed the mix design and shall show the results of the tests on individual materials. The report shall clearly show the proportions of aggregate, mineral filler (minimum and maximum), water (minimum and maximum), additive (s) (usage), asphalt emulsion, and asphalt rubber blend based on the dry weight of the aggregate.

C. Component materials used in the mix design shall be representative of your proposed materials. The percentage of each individual material required shall be shown in the laboratory report. Adjustments may be required during the construction based on field conditions.

D. The component materials shall be within the following limits:

1. Residual Asphalt Type I, 10% - 16% based on dry weight of aggregate.

2. Residual Asphalt Type II, 7.5% - 13.5% based on dry weight of aggregate.

3. Residual Asphalt Type III, 6.5% - 12% based on dry weight of aggregate.

4. The crumb rubber will be added to the rubberized slurry mix at a rate of 5% by volume to the asphalt cement.

5. Polymer additive shall be added at 2% of finished emulsion.

6. Carbon Black shall be added at 1.3% to 2% of the finished emulsion.

7. Mineral filler shall be 0.5% - 2.0% (if required by mix design) based on dry weight of aggregate.

8. Additives, as needed.

9. Water, as needed to achieve proper mix consistency (total mix liquids shall not exceed the loose aggregate voids).

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-7 6/15/2026
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203-3.5 Certificate of Compliance.
[ADD the following]:

Test reports and certifications shall be made in accordance with 4-1.4, “Test of Materials”; 203-

1.3, “Test Reports and Certification”; and 302- 4.2.1, “General”.

203-5 SLURRY SEAL

203-5.4.1 GENERAL
[add the following]:

The slurry seal shall be RPMS per 203-3.4.4 and shall be Type II. RPMS shall use an emulsified asphalt that is a cationic quick set polymer modified CQS-1h with 2% SBR Latex.

203-5.4.2.2 EMULSIFIED ASPHALT
[add the following]:

Emulsified asphalt shall conform to the requirements in Table 203-3.4.3.

The Contractor shall provide a 16-fluid-ounce sample of the emulsified asphalt used in the emulsion aggregate slurry each day emulsion aggregate slurry is constructed on the project.

Additional samples shall be provided when emulsified asphalt batch lots are changed or upon the request of the Engineer. Contractor shall provide a clear plastic container with a secure screw top with each sample. The Contractor shall label each sample with the date the sample was taken, batch number and the name of the street(s) where the material was used.

Each load of emulsified asphalt shall be accompanied with a Certificate of Compliance to assure it is the same as used in the mix design.

PART 3 – CONSTRUCTION METHODS

302-3 PREPARATORY REPAIR WORK.

A. Prior to the placement of asphalt concrete or the application of slurry, the Contractor shall complete all necessary preparation and repair Work to the road segment as specified in the Special Provisions .

B. Unless otherwise specified, preparatory Work shall include weed spray, weed abatement, crack sealing, asphalt patching, removal of raised pavement striping, painted striping, and thermoplastic pavement markings.

302-3.1 Asphalt Patching.

A. Asphalt patching shall consist of patching potholes, gutter-line erosions, and other low spots in the pavement that are deeper than ½ inch (12.7 mm) in accordance with 302-

5.6.2, “Density and Smoothness”.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-8 6/15/2026
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B. The areas requiring patching have been identified in the Contract Documents, marked on the streets, or as directed by the Engineer. Contractor shall identify any new areas that may require patching prior to slurry Work to ensure the smoothness and quality of the finished product.

C. Contractor shall identify and repair any areas that may require patching prior to the placement of slurry seal for a smooth and finished product.

D. Asphalt overlay shall not be applied over deteriorating pavement. Contractor shall notify the Engineer of deteriorating pavement prior to proceeding with asphalt patching.

E. Prior to asphalt patching, the area shall be cleaned and tack coated in accordance with 302-5.4, “Tack Coat”.

F. Asphalt patching shall be completed with D2-PG 64-10.

G. Following the asphalt placement, you shall roll the entire patch in both directions and shall cover the patch at least twice.

H. After placement and compaction of the asphalt patch, you shall seal all finished edges with a 4 inch (101.6 mm) wide continuous band of SS-1H.

SECTION 302-4 – SLURRY SEAL SURFACING

302-4.1 GENERAL
[add the following]:

The Contractor shall protect the wet slurry from traffic at all times and if damaged or defaced, the Contractor shall repair said damage at no additional cost to the City.

At the discretion of the Engineer, the placement of slurry seal may be suspended due to unsuitable temperature conditions, or other conditions that are considered unfavorable for the prosecution of work. The Contractor shall immediately comply with the order of suspension by the Engineer, and work shall not be resumed until authorized by the Engineer.

If work cannot resume on the same day to completion as scheduled, then this work shall be rescheduled in one to two weeks and the residents n otified that the work will not be done as scheduled and re-notified of the new work date prom ptly. All “NO PARKING” signs must be promptly removed. No more than two rescheduled streets shall be scheduled for the same day and they shall be the first order of work for that day.

The days during which the suspension of work is in effect, due to unsuitable weather, shall not be considered working days and the date of completion shall be extended to allow for work and notification.

In the event of a suspension of work, the Contracto r shall remove all barricades, equipment, and “No Parking” signs (if appropriate) upon the curing of the completed portion of slurry.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-9 6/15/2026
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No adjustment of unit prices, of any items, shall be allowed due to suspension of work as described above.

302-4.2 AGGREGATE STOCKPILE
[add the following]:

Aggregate may be stockpiled on public property sites if approved by the Engineer. Prior to storing slurry seal materials on private property, the Cont ractor shall submit to the Engineer written permission from the property owner for such stockpiling.

Precautions shall be taken to ensure that the stockpiles do not become contaminated with oversized rock, clay, silt, or excessive amounts of moisture. The stockpiles shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted.

The stockpile areas shall be thoroughly cleaned of all excess materials and left in a neat, orderly appearance upon completion of the slurry operations in any area.

Suitable storage facilities shall be provided for t he asphalt emulsion. Suitable heat shall be provided as necessary.

302-4.3 CONTINUOUS FLOW MIXERS

302-4.3 GENERAL
[add the following]:

The slurry machine shall be equipped with digital materials control system which shall be capable controlling the exact quantities of aggregate, emul sion, and set control agents. The control panel shall give real time readouts and be able to control the following:

A. Engine diagnostics.

B. Aggregate and fines feeder delivery rates in RPM an d in percentage. Percentage control for material delivery shall be +/- 1%.

C. Water and additive rates in RPM and in percentage. Percentage control for material delivery shall be +/- 1%.

D. Out of material alarms.

E. Auto calibration feature

F. Real time mix percentages for maximum operator cont rol. The control panel should be able to print out the use of material at the end of each work day. This printout shall be delivered to the project inspector.

The Contractor shall not proceed with the placement of slurry without demonstrating the capabilities of the digital controls.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-10 6/15/2026
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302-4.5 SCHEDULING, PUBLIC CONVENIENCE AND TRAFFIC CONTROL [add the following]:

NOTIFICATION OF RESIDENTS AND POSTING NO PARKING SIGNS

At least five (5) working days prior to commencing work, the Contractor must submit their spreading schedule to the City for approval. The C ontractor shall give verbal and printed notification, along with copies of the weekly sched ule to all firms, institutions, agencies, and utilities which will be affected by the sealing app lications at least fourteen (14) calendar days in advance of and on each occasion of said sealing application. Said firms, institutions, agencies and utilities include, but are not limited to the follo wing; Postal Service, hospitals, governmental services, Police Department, Fire Department, ambul ance services, Riverside Transit Authority (RTA), Trash collection firms, Murrieta Valley Unif ied School District, and Public Works Maintenance Division.

Furthermore, cooperation with the trash collection firm shall be done such that no street shall be slurried within two (2) days prior to trash collect ion. Damage occurring to slurry seal from trash trucks shall be repaired at the expense of the Cont ractor and per the direction of the Engineer, or his appointed representative.

In addition, the contractor shall not slurry any st reets or neighborhoods connecting to a school during a scheduled school day. Given the longevity of project activities, the contractor shall schedule these segments to be treated during school breaks. Reference “Appendix G” for the Murrieta Valley Unified School District Calander.

The Contractor shall contact and notify all residents within the limits of work, in person and with printed notices at least fourteen (14) days in adva nce of any activity which will impact said residents. Activities impacting said residents and , therefore requiring the above said notices include the following: The sealing application itse lf, closure or partial closure of the street, disallowance of street parking, disallowance of ing ress to or egress from their residence and reference to placement of barricades along the stre et two (2) days in advance of the work.

Barricades shall have printed notices, in large print, indicating when the street will be slurried.

The printed handout notices shall contain a general description of the work to be done, the name of the street to be sealed with limits, the day and date of the sealing application, a statement that no on-street parking will be allowed between the ho urs of 7:00 a.m. and 5:00 p.m. on the day of work, a statement that it will be necessary to tow away parked vehicles parked within the designated working limits at the owner’s expense pe r California Vehicle Code CVC 226511 and 22654D, a statement that in the event that the stre et is missed it will be rescheduled in Approximately 1-2 weeks and they will be re-notified, the statements that THERE WILL BE NO DISRUPTION OF TRASH SCHEDULES , and that trash should be set out by 6:00 a.m., and the name and telephone number of the Contractor.

In addition to the foregoing, the notices to the re sidents shall contain the statement that the street to be sealed will be closed to vehicular traffic, a nd the suggestion that if they require the use of their vehicles on the day of the sealing work, they should consider parking their vehicle on a nearby street which is not scheduled for sealing operation.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-11 6/15/2026
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IN THE EVENT A STREET SCHEDULED FOR SEALING WAS MIS SED, the Contractor shall immediately remove all “NO PARKING” signs and notify residents and others previously notified, in person and with printed notices, that due to unforeseen circumstances, the Contractor was not able to seal the street as previously notif ied, that the street will be rescheduled in approximately 1-2 weeks, and they will be re-notifi ed. The Contractor shall have on the jobsite, prior to the start of each day’s work, an adequate supply of approved letters of notification to residents of missed streets. The Contractor shall also post pre-approved printed “NO PARKING- TOW AWAY” signs on 1”x 2” wooden stakes and barricades at 100 foot maximum spacing along both sides of the street to be sealed 48 hours prio r to the start of the sealing work, shall maintain said signs through the day of work or as otherwise directed by the Engineer or called for in the preceding paragraph.

The Contractor shall document the day, date and tim e that the signs are installed, because the no parking restriction cannot be enforced until the signs have been in place for 24 hours.

Posting of trees, utility poles, lighting standards and other existing parkway improvements is strictly forbidden.

The “NO PARKING” signs shall contain the day, date and hours that the parking will be prohibited on the particular street and a statement that the parked vehicles will be towed away at the owner’s expense per California Vehicle Code CVC 226511 and 2654D.

All printed notices and no parking signs shall be submitted to the Engineer at least ten (10) calendar days prior to the first day of work.

Full compensation for conforming to this section sh all be considered as included in the various contract items of work involved, and no additional compensation will be allowed therefore.

302-4.7.5 Application Temperature.
[Add the following]:

Slurry seal shall not be applied when the atmospheric temperature at 7:00 a.m. is 75 degrees Fahrenheit or above and rising to a forecast high of 100 degrees Fahrenheit

302-4.8 SPREADING AND APPLICATION
[add the following]:

Prior to applying slurry seal, the Contractor shall clean, to the satisfaction of the Engineer, the street surface with a power sweeper.

The application of slurry shall not commence until after 7 a.m. and shall conclude at 1:30 p.m. unless otherwise authorized by the Engineer. The s lurry shall be sufficiently cured to open to traffic by 4:00 p.m. The portions of streets to be slurried shall be closed from the time the application begins until the mixture has achieved sufficient set to be opened to traffic.

The slurry shall be applied in such a manner that n o ripples or waves exist. If ripples or waves occur in the slurry during the application, the work shall cease and the Contractor shall correct the

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-12 6/15/2026
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situation. The Contractor may use a drag to knock down ridges. If ripples or waves are not corrected to the Engineer’s satisfaction, the street shall be reslurried at the contractor’s expense.

The Contractor shall, at the direction of the Engin eer, repair and reseal the entire street or complete section thereof, as determined by the Engineer, which have not been sealed properly (includes areas that have failed to meet yield and mix design specification) and completely. No compensation will be provided for slurry seal used in repair and reseal work.

Each slurry crew shall be composed, at a minimum, of a coordinator at the project site at all times, a competent quick-set mixing man, a competent driver, two squeegee men, and sufficient laborers for any handwork and cleanup.

Surface oil and grease shall be removed or sealed with shellac or an equivalent material approved by the Engineer prior to the application of the slu rry seal. Full compensation for surface oil and grease removal shall be considered as included in the unit cost for slurry seal.

During the slurry seal operations, it shall be the Contractor’s responsibility to place protective coverings over, or to otherwise avoid slurry seal c oating of manholes, utility covers, well monuments, concrete gutters, concrete cross gutters , and drainage facilities, and remove said coverings and/or slurry seal coating after slurry seal has been completed.

The start and finish of slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a stri p of building paper or other material approved by the Engineer on the pavement surface. After app lication of slurry, the paper shall be removed leaving a straight edge.

The Contractor shall sweep any raveled material fro m the street once (1) a week for a period of three (3) after the initial placement. If raveling continues within four (4) weeks of initial placement, the street shall be swept and reslurried with a type I mixture at no cost to the City.

Raveling can be identified by the presence of “black pebbles” in the gutter.

Full compensation for developing a water supply and for furnishing all water required for work done in the contract, including extra work, shall be included in the prices paid for the various items of work requiring water, and no separate payment will be made therefore.

302-4.11 PAYMENT
[Add the Following]:

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

302-4.12 RUBBER POLYMER MODIFIED SLURRY (RPMS).
[Add the following]:

302-4.12.1 Mixing.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-13 6/15/2026
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302-4.12.1.1 General.

A. Proportioning equipment of equal capacity to that described herein will be considered by the City prior to time of Award.

B. The slurry surfacing shall be mixed in a continuous, twin shaft, multipaddle pugmill mixer. The pugmill shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. No dripping of slurry shall be allowed.

C. Each slurry surfacing unit shall be equipped with independent storage capabilities for the aggregate, emulsion, crumb rubber, polymer, set control additives, and the carbon black.

D. Each slurry surfacing unit shall be equipped with a unit designed to store and deliver the various required materials to a twin-shafted, multi-paddle pugmill with a computer- controlled automatic sequencing system that initiates each material delivery at the precise moment necessary to ensure proper proportioning.

E. Aggregates, asphaltic emulsion, water, polymers, additives, including set-control agent, if used, and crumb rubber shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to the other materials of the mixture, in a manner that will result in a uniform and homogenous blend.

F. Asphaltic emulsion shall be added at a rate within the ranges identified in Table 302-

4.12.1.1 of percent by weight of the dry aggregate. The exact weight shall be determined by the mix design and the asphalt solids content of the asphaltic emulsion furnished.

TABLE 302-4.12.1.1
Type of Aggregate Range
Type I 17% - 20%
Type II 14% - 17%
Type III 11% - 14%

G. The aggregate shall be proportioned by a belt feeder operated with an adjustable cutoff gate. The height of the gate opening shall be readily determinable. The emulsion shall be introduced into the mixer by a positive displacement pump. Water shall be introduced into the mixer through an adjustable multi-spray pugmill bar. Water volume shall be displayed by an electric digital meter registering in gallons delivered.

H. The aggregate belt feeder shall deliver aggregate to the pugmill mixed with such volumetric consistency that the deviation for any individual aggregate delivery rate check-run shall be within 2% of the mathematical average of 3 runs of at least 300 gallons (1135.6 L) each in duration.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
TECHNICAL SPECIFICATIONS TS-14 6/15/2026
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I. The bitumen ratio (pounds of asphalt per 100 pounds (45.4 kg) of dry aggregates) shall not vary more than 1.5 pound (0.7 kg) of asphalt above or 0.6 pound (0.3 kg) asphalt below the amount designated by the mix design and approved by the Engineer.

J. The polymer additive and the carbon black shall be delivered to the mixer in the relative proportions required by means of a common shaft dual pump system. The polymer additive and the carbon black flow rates shall be independently adjustable by means of diaphragm valves and shall be sequenced through the computer controlled auto- sequencing system. The polymer additive and the carbon black shall be blended and mixed prior to their introduction into the pugmill. Introduction into the twinshafted pugmill shall be done through an injection system which delivers the blended material to the apex of each mixing shaft immediately prior to the introduction of the asphalt emulsion. The polymer additive and the carbon black delivery system shall each be equipped with digital electronic flow metering devices that can read in gallons per minute.

K. The crumb rubber delivery system shall be equipped with an air suspension unit designed to prevent clumping or bridging of the rubber material. The air discharges shall be sequenced to avoid over-suspension of the rubber. The rubber shall be delivered to the pugmill by a hydraulically driven auger and shall be initiated through the computer controlled auto-sequencing system.

L. The emulsion shall be introduced into the mixer by a positive displacement pump. The emulsion storage shall be equipped with a device which will automatically shut down the power to the emulsion pump and aggregate belt feeder when the level of stored emulsion is lowered to within 2 inches (50.8 mm) of the suction line.

M. A temperature-indicating device shall be installed in the emulsion storage tank at the pump suction level.

N. The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate. The height of the gate opening shall be readily determinable.

O. The aggregate feeder shall be directly connected to the drive on the emulsion pump. The drive shaft of the aggregate feeder shall be equipped with an electronic digital belt. The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the depth of the aggregate being delivered to the pugmill. The device for monitoring the depth of aggregate shall automatically shut down the power to the aggregate belt feeder whenever the depth of aggregate is less than 70% of the target depth of flow. An additional device shall monitor movement of the aggregate belt by detecting revolutions of the belt feeder. The devices for monitoring no flow or belt movement shall automatically shut down the power to the aggregate belt when the aggregate belt movement is interrupted. To avoid shutdown caused by normal fluctuations in delivery rates, a delay of 3 seconds between sensing less than desirable storage levels of aggregate or emulsion shall be permitted.

P. Water delivery shall be adjusted through a diaphragm valve. Water flow rate shall be electronically displayed through a digital meter.

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Q. Set control additive flow rate shall be electronically displayed through a digital meter.

R. The mixer unit shall not be operated unless all electronic display and revolution counters are in good working condition and functioning and all metal guards are in place. All indicators required by these specifications shall be operational at all times.

S. You shall have 2 fully operational mixers and 1 standby mixer for use at the Project Site at all times for each working crew.

302-4.12.2 Application.

302-4.12.2.1 General.

A. The Work shall consist of mixing asphaltic emulsions, aggregates, set control additives, specially produced and graded crumb rubbers, and watering and spreading the mixture on the pavement where shown marked out in the field, as specified in these special provisions, and as directed by the Engineer. Slurry seal shall not be applied when the atmospheric temperature at 7:00 a.m. is 75 degree Fahrenheit or above and rising to a forecast high of 100 degrees Fahrenheit.

B. RPMS application rates shall AVERAGE as follows:

Type Application Rate
1 (lb/yd 2)
Type I 9
Type II 13.33
Type III 15 - 22

1. Based on dry aggregate weight.

302-4.12.2.2 Spreading.

A. Pre-wetting of streets shall not be required unless streets are subject to high temperatures and/or dust.

B. The complete mixture, after the addition of water and any set-control agent used, shall be such that the mixture:

A. Has proper workability.

B. Shall permit a traffic flow without the occurrence of bleeding separation or other distress at 78° F (25.6° C) and without pilot car assisted traffic on the slurry seal within one hour after placement.

C. Shall prevent the development of bleeding, excessive raveling, separation, and/or other distress within 7 Days after placing the rubberized asphalt surfacing.

C. The slurry mixture shall be spread by means of a controlled spreader box. The spreader box shall be capable of spreading the slurry to the width of the traffic lane and shall have

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strips of flexible rubber belting or similar material on each side of the spreader that shall be in contact with the pavement to positively prevent loss of slurry from the ends of the box. Spreader boxes shall be equipped with reversible motor-driven augers when placing slurry. Rear flexible strike-off blades (rubbers) shall make close contact with the pavement and shall be adjustable to the various crown shapes so as to apply a uniform surfacing coat. Flexible drags to be attached to the rear of the spreader box shall be provided as directed by the Engineer. Drags and rubbers shall be cleaned daily if problems with cleanliness and longitudinal scouring occur. The spreader box shall be clean and shall be free of all slurry and emulsion at the start of each Work shift.

302-4.12.3 Rolling.

Pneumatic rolling shall be required on all streets. Rolling shall commence as soon as the RPMS has set sufficiently to prevent any material from adhering to the tires. The RPMS surface shall be rolled 2 to 5 times or as directed by the Engineer. Pneumatic rollers shall be operated at a minimum tire pressure of 60 psi (413.7 kPa).

302-4.12.4 Measurement and Payment.

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

302-14 CRACK SEAL WORK.
[Add the following]:

302-14.1 General.

All cracks in asphalt 1/8 inch (3.2 mm) or wider shall be sealed prior to the application of slurry.

You shall seal only transverse, longitudinal, block, or reflective cracks. Contractor shall not seal alligator (fatigue) cracked areas or cracks in PCC.

302-14.2 Materials.

Crack sealant material used shall be Road Works 306, CRAFCO Polyflex Type 3, or an approved equal. Sealant shall be prepared and applied to the pavement cracks in conformance with all manufacturers’ instructions except where noted otherwise in these specifications.

302-14.3 Equipment.

A. Cracks shall be cleaned using a hot compressed air lance (HCL) apparatus. Air exiting the HCL shall be heated to a temperature sufficient to remove the oxidized surface from the crack walls.

B. The HCL shall meet the following specifications:

Compressed Air
Capacity
75 psi to 150 psi (40 cfm to 100 cfm)

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Heated Air
Temperatures
600° F to 2,200° F (315.6° C to
1204.4 ° C)
Exit Heated Air 1,000 ft/second
Propane 5 psi to 20 psi

C. Prior to beginning Work, submit documentation to the Engineer certifying that each HCL apparatus to be used on the project meets the above specifications. If a delay in the start of Work exceeds 7 Working Days, re-certification is required and documentation shall be resubmitted.

302-14.4 Application.

A. Cracks to be sealed shall be completely clean, dry, and free of all loose material, weeds, vegetation, and any other foreign substances which may cause the sealant to not adhere to the crack wall. You shall clean and dry all cracks with the HCL immediately before sealing.

B. Sealant shall be applied from the bottom of the crack up to the surface in a manner which does not result in sealant bridging or pockets of entrapped air forming. The sealant shall be applied utilizing a sealing tip “ Crafco Applicator Disk ” (PN# 27162 – 3” Disk Assembly PN# 27163 – 4” Disk Assembly PN# 27164 – 6” Disk Assembly). Disk Size shall be dependent on the size of the crack. Crafco Applicator Disk shall be used and applied per the manufacturer recommended use. If an alternative method of application is desired by the Contractor, it will be subject to approval by the Public Works Inspector.

The width of sealant remaining on the surface shall not exceed 1.5 inches (38.1 mm) on either side of the crack. Any debris blown onto adjacent gutters, sidewalks, parkways, medians, intersections, or other areas shall be removed prior to the end of the Working Day.

302-14.5 Payment.

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

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

PAVEMENT MARKERS

The Contractor will be responsible for placement of temporary striping and tabs after placement of new slurry seal

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

Traffic stripes and pavement markings to be removed shall be per the plans or as designated by the Engineer and shall be removed by wet sand-bl ast methods for painted surfaces, and polish/smooth grinder followed by a wet sand-blaste r for thermoplastic coated surfaces.

All pavement markings, painted striping, traffic st ripes, and/or thermoplastics, including all stop bars and “STOP” pavement marking s shall be removed prior to a

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street receiving slurry seal treatment at ALL locat ions/street segments. Image shadowing shall be minimized by performing removals in a rectangular block area. When removing pavement markings, the removal process sha ll be applied to a rectangular area around and covering the pavement marking, such that the resulting pavement does not exhibit a “shadowed” pavement marking. If, in the o pinion of the City Inspector or Engineer, the removal process does not completely e rase any sign of the pavement marking, the City Inspector or Engineer may require that the rectangular area be seal coated.

PART 6 – TEMPORARY TRAFFIC CONTROL

SECTION 600 - ACCESS

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

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.

Attention is directed to Section 12, “Construction Area Traffic Control Devices,” of the State Standard Specifications and to these Special Provisions.

The Contractor shall install temporary railing (Type K) where shown on the plans, or between any lane carrying public traffic and any excavation, ob stacle or storage area when the following conditions exist:

(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 concre te 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 irrigati on pipe or electrical conduit, or excavations less than one foot in diameter.
(d) Excavations parallel to the lane for the purp ose of pavement widening or reconstruction.
(e) Excavations in side slopes, where the slope i s 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.

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(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 “Public Safety” 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) shall conform to the provisions in Section 12-3.08, “Temporary Railing (Type K)” of the State Standard Specifications, except temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No. 5 rei nforcing 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 th e provisions in “Temporary Crash Cushion Module” elsewhere in these special provisions.

Except for installing, 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 considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less th an 11 feet without written approval from the Engineer.

When work is not in progress on a trench or other e xcavation that required closure of an adjacent lane, the traffic cones or portable delineators use d 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.

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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 7-1.02, "Load Limitations"; 7-1.06, "Safety and Health Provisions"; 7-1.08, "Public Convenience"; 7-1.09, "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 City Engineer.

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.

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 California 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 Engineer shall be promptly replaced.

All construction signs shall be either covered or r emoved 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 12-2.02, "Flagging Costs," of the State Standard Specifications.

The Contractor shall provide and maintain a minimum of one 11-foot wide paved traffic lane for use by public traffic in each direction of travel at all times throughout the project. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and City designated legal holidays, and Monday through Frida y when construction operations are not in progress.

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 th e Contractor's intent to begin work or rerouting of traffic at least ten (10) days before work is begun.

The Contractor shall 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 for review and approval by City Engineer within

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ten (10) working days of the Contract award by City and allow five (5) working days for City review.

Contractor shall adhere to the requirements set forth in the Work Area Traffic Control Handbook (WATCH), latest 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 immediately 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 permitted 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. All other modifications will be made by contract change order.

PAYMENT :

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

600-3 PEDESTRIAN ACCESS
[Add the following]:

Contractor shall maintain safe access at all times through and/or around the work area for all bicyclists and pedestrians, especially school children.

Bicyclist and pedestrian access shall be in accordance with the Manual on Uniform Traffic Control (MUTCD), 2014 edition (latest revision) and Work Ar ea Traffic Control Handbook (WATCH), 2016 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.

Access to the work space by workers and equipment a cross pedestrian walkways should be minimized because the access often creates unaccept able changes in grade, and rough or muddy terrain, and pedestrians will tend to avoid these a reas by attempting non-intersection crossing where no curb ramps are available.

A pedestrian route should not be severed and/or mov ed for non-construction activities such as parking for vehicles and equipment.

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

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Pedestrian detours should be avoided since pedestri ans rarely observe them. Whenever possible, work should be done in a manner that does not creat e a need to detour pedestrians from existing routes and crossings.

When existing pedestrian facilities are disrupted, closed, or relocated in a Temporary Traffic Control Zone (TTC), a section of roadway between the first advance warning sign through the last traffic control device, the temporary facilities sh all be detectable and shall include accessibility features consistent with the features present in the existing pedestrian facility.

The following three items should be considered when planning for pedestrians in TTC zones:

a) Pedestrians should not be led into conflicts with vehicles, equipment, and operations. b) Pedestrians should not be led into conflicts with v ehicles moving through or around the worksite.
c) Pedestrians should be provided with a convenient an d accessible path that replicates as nearly as practical the most desirable characterist ics of the existing sidewalk(s) or footpath(s).

Figures 6H-28 and 6H-29 show typical TTC device usage and techniques for pedestrian movement through work zones.

To accommodate the needs of pedestrians, including those with disabilities, the following considerations should be addressed when temporary p edestrian pathways in TTC zones are designed or modified:

a) Provisions for continuity of accessible paths for p edestrians should be incorporated into the TTC plan.
b) Access to transit stops should be maintained.
c) A smooth, continuous hard surface should be provide d throughout the entire length of the temporary pedestrian facility. There should be no curbs or abrupt changes in grade or terrain that could cause tripping or be a barrier t o wheelchair use. Any vertical displacements greater than ½ inch shall be ramped at a 12:1 slope. d) The width of the existing pedestrian facility shoul d be provided for the temporary facility if practical.
e) When channelization devices are used to delineate a pedestrian pathway, a continuous detectable edging should be provided throughout the length of the facility such that pedestrians with a visual disability using a long cane can follow it. Tape, rope, or plastic chain strung between devices are not detectable and should not be used as a control for pedestrian movements.

For bicyclists in TTC zones on highways and streets:

A. A travel route that replicated the most desirable characteristics of a wide paved shoulder or bikeway through or around the TTC zone is desirable for bicyclists.

B. If the TTC zone interrupts the continuity of an exi sting bikeway system, signs directing bicyclists through or around the zone and back to t he bikeway is desirable. If bicyclists are directed into vehicular traveled way, signs indicating that the road will be shared shall be installed.

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C. Unless a separate bike path through or around the TTC zone is provided, adequate roadway lane width to allow bicyclists and motor vehicles to travel side by side through the TTC is desirable. When roadway width is inadequate for al lowing bicyclists and motor vehicles to travel side by side, warning signed should be used to advise motorists of the presence of bicyclists in the travel way lanes.

Bicyclists shall not be lead into direct conflicts with mainline traffic, work site vehicles, or equipment moving through or around the TTC zone.

The Contractor shall submit Pedestrian and Bicyclist Safety Plans for review and approval by City Engineer within ten (10) working days of the Contra ct award by City and allow five (5) working days for City review.

PAYMENT:

Payment for all work shall be per the agreed upon proposal and price included as an attachment to the Contract.

SECTION 601 - WORK AREA TRAFFIC CONTROL

601-1.1 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE
[add Section]

A traffic control system for lane closure shall con sist of closing traffic lanes in accordance with the provisions of Section 12, "Construction Area Tr affic Control Devices," of the State Standard Specifications, the provisions under "Maintaining T raffic" elsewhere in these Special Provisions, and these Special Provisions.

The provisions in this section will not relieve Con tractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the State Standard Specifications.

If any component in the traffic control system is d isplaced, or ceases to operate or function as specified, from any cause, during the progress of t he work, Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If Contractor so elects, said components may be stored at selecte d central locations, approved by Engineer, within the limits of the right of way.

CITY OF MURRIETA, DEPARTMENT OF MUNICIPAL SERVICES
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APPENDIX A

MAP AND LIST OF STREETS TO BE SLURRIED

Automall, Date, and Hobie
Resurfacing and Striping Project
MSD Project No. 26-010
City of Murrieta
Auto Mall, Date, and Hobie Slurry Seal Project
MSD Project No. 26-010
Branch ID Sec ID Name From To Lanes Length Width Area Treatment Type 310 680 DATE ST JEFFERSON AVE HOBIE CIR 2 735 52 38,220 Type 2 RPMS 310 685 DATE ST HOBIE CIR MADISON AVE 2 340 52 17,600 Type 2 RPMS 310 690 DATE ST MADISON AVE AUTO MALL PKWY 2 705 52 39,875 Type 2 RPMS 11150 8465 HOBIE CIR AUTO MALL PKY DATE ST 2 716 52 37,232 Type 2 RPMS 130 210 AUTOMALL PKY JEFFERSON AVE HOBIE CIR 2 725 52 37,700 Type 2 RPMS 130 220 AUTOMALL PKY HOBIE CIR DATE ST 2 1,478 52 82,261 Type 2 RPMS Total SF 252,888
Project Limits Exhibit
CIP No. 13080

Murrieta City CouncilJuly 7, 2026

Murrieta City Council
July 7, 2026