1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The markup added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work.
2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed.
b. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if: (1) the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; (2) there is no corresponding adjustment with respect to any other item of Work; and (3) Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease.
3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City.
4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of
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the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk.
5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
6. Allowed Costs. Estimates for lump sum quotations and accounting for time-andmaterial work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. Estimated labor hours must only include hours for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the markup percentages as outlined below. Note that no separate allowances for warranty expense will be allowed as a direct cost of a change order. Costs attributed to warranty expenses will be considered to be covered by the markup. Labor burden allowable in Change Orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self-insured losses, assigned risk rebates, etc.
Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. An estimated percentage for labor burden may be used for pricing change orders. However, the percentage used for labor burden to price Change Orders will be examined at the conclusion of the Project and an adjustment to the approved Change Orders will be processed if it is determined that the actual labor burden percentage should have been more or less than the estimated percentage used.
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b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon Supplier or manufacturer’s invoice.
c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of $1,000 or less. The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed. Rental time will not be allowed while equipment is inoperative due to breakdowns. All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2- hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation.
7. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions:
a. “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up. Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request. b. For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen (15%) percent of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use. c. For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost.
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d. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor. e. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
8. Documentation of Time-and-Material Costs.
a. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-andmaterial basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost.
b. T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) Days following completion of Additional Work on a time-and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Contractor’s failure to submit the T&M Summary Sheet within five (5) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work.
9. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices:
a. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work;
b. Office Expenses. Expenses of Contractor’s principal and branch offices; c. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
d. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction
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of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
e. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
f. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
g. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
h. Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
i. Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. j. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums.
9.2 Procedure for Resolving Claims.
A. Prerequisites. Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
B. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of
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the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes.
C. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for:
1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;
2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or
3. An amount the payment of which is disputed by the City.
A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.
D. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part.
Claims governed by this Article must be filed no later than thirty (30) Days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.
E. Documentation. The Contractor shall submit all Claims in the following format:
1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made
2. List of documents relating to Claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
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d. Schedules
e. Other
3. Chronology of events and correspondence
4. Narrative analysis of Claim merit
5. Analysis of Claim cost, including calculations and supporting documents
6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested
F. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement 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 Days after the City issues its written statement.
1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 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 (3) Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
G. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing 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 Days for settlement of the dispute.
H. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall
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provide the Contractor a written statement identifying 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 Days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity 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.
1. 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.
2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article.
3. 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 Section 20104.4 to mediate after litigation has been commenced.
4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
I. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.
For purposes of those provisions, 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 pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.
J. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within
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15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
K. Government Code Claim Procedures.
1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, 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.
3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.
4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
L. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article.
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ARTICLE 10 - MEASUREMENT; PAYMENT
10.1 Cost Breakdown.
A. Lump Sum Work. Contractor shall furnish on forms approved by the City within ten (10) Days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the City may require. This schedule of values, unless objected to by the City, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values.
B. Unit Price Work. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the City, based on the price per unit as set forth in the Bid Schedule.
10.2 Progress Estimates and Payment.
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to City a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the City, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Change Orders. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.
C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.
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2. Defective Work not remedied.
3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor.
4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the City for claims against Contractor.
7. Failure of Contractor to keep the Record Drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.
E. Upon receipt, the City shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 Days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132.
The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of Days by which the City exceeds the seven (7) Day requirement.
F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.
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G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
10.3 Final Acceptance and Payment
A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment.
B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and payable until as required by Public Contract Code section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract.
C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the faithful performance bond, labor and material payment bond, or from any other obligation under this Contract.
D. In case of termination of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price.
E. Final payment shall be made no later than 60 Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.
In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.
F. Within ten (10) Days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention
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received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract.
ARTICLE 11 -MISCELLANEOUS
11.1 Patents.
A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract.
11.2 Document Retention & Examination
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of five (5) years after final payment.
11.3 Notice.
A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
11.4 Notice of Third Party Claims
A. Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract.
The City is entitled to recover reasonable costs incurred in providing such notification.
11.5 State License Board Notice
A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against
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GC-70 00 72 00 – GENERAL CONDITIONS
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
11.6 Assignment of Contract
A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
11.7 Change In Name And Nature Of Contractor’s Legal Entity.
A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds.
11.8 Prohibited Interests
A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction, or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.
11.9 Controlling Law
A. Notwithstanding any subcontract or other contract with any Subcontractor, Supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.
11.10 Jurisdiction; Venue
A. Contractor and any Subcontractor, Supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Riverside County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.
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GC-71 00 72 00 – GENERAL CONDITIONS
11.11 Cumulative Remedies.
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents.
The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.
11.12 Survival of Obligations.
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.
11.13 Headings.
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.
11.14 Assignment of Antitrust Actions
A. In accordance with §7103.5(b) of the California Public Contract Code, Contractor and Subcontractors must conform to the following requirements:
1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body 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. Sec. 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 pursuant to the public works contract or the subcontract.
2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties.
11.15 Other Legal Provisions.
A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules, or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws,
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GC-72 00 72 00 – GENERAL CONDITIONS
ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.
C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.
D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting, or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract.
E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder.
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SC-1 00 73 13 - SPECIAL CONDITIONS
00 73 13 – SPECIAL CONDITIONS
ARTICLE 1 -SCOPE OF WORK
1.1 Location of the Project.
A. Tamarisk Park: 3061 Coffeeberry Way (at Coffeeberry Way & Cherry laurel Lane) B. Colonel Lewis Millet Park: 2001 Ramona Boulevard (at Ramona Blvd & Bridge Road) C. Stallions Crossing Park: 108 N. Lyon Avenue (at Appaloosa Drive & Lyon Avenue)
1.2 Scope of Work.
The Scope of Work consists of The demolition and legal disposal of existing playground structures and surfacing, site preparation and grading, and installation of new Cityfurnished playground equipment and safety surfacing in accordance with manufacturer specifications, ADA accessibility standards, and applicable construction regulations.
This construction contract follows a prior procurement process in which the City selected Pacific Play Systems, Inc. to furnish themed playground systems for each park— agricultural at Tamarisk, military at Colonel Lewis Millett, and equestrian at Stallions Crossing. Equipment deliveries will be staggered in three phases, with the first (Tamarisk Park) anticipated to arrive on or around September 15, 2025.
MODIFICATIONS TO THE GENERAL CONDITIONS
The City does not provide access to water or power at any of the three park sites. The contractor is responsible for making necessary arrangements to supply water and electricity required for construction activities.
END OF SPECIAL CONDITIONS
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TS-1 TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATIONS
"THE FOLLOWING SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
GENERAL REQUIREMENTS
Section # – Section Title
Section 01 – Mobilization
Section 02 – Water Pollution Control
Section 03 - Excavation / Earthwork
Section 04 - Park Equipment Installation
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TS-2 TECHNICAL SPECIFICATIONS
Section 01 – Mobilization
This section covers the requirements for Bid Item No. 1 “Mobilization.” Mobilization shall conform to the provisions in Section 7-3.4, “Mobilization”, of the Greenbook Specifications and these Special Specifications.
As part of mobilization, the Contractor shall also provide a single place (job board, etc.) to place all required federal forms, Cal/OSHA and EEO labor compliance posters, all permits, all safety items, and any and all paperwork that must be posted in public view.
Contractor shall provide a complete working schedule for the compete duration of the project.
The complete working schedule is required for the issuance of the Notice to Proceed. If City requests a revised and updated schedule during any point of the project, Contractor shall provide within 5 working days. The Contractor shall submit progress reports to the City by the 10th day of each month. The report shall include an updated Construction Schedule.
The Lump Sum contract price paid for Bid Item No. 1 “Mobilization” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for mobilization and no additional compensation will be allowed therefor, including any remobilization due to phasing of work.
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TS-3 TECHNICAL SPECIFICATIONS
02 – Water Pollution Control
Water pollution control shall be carried out in accordance with the provisions in Section 3-12.6 “Water Pollution Control” of the Greenbook specifications and these special provisions.
Water pollution control work shall conform to the requirements in the “Construction Site Best Management Practices (BMPs) Manual,”. Copies of the Manual may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520. Copies of the Manuals may also be obtained from the Department’s Internet Web Site at:
https://dot.ca.gov/programs/construction/storm-water-and-water-pollution-control/manuals-andhandbooks.
The Contractor shall know and fully comply with the applicable provisions of the Manuals, Permits, and Federal, State, and local regulations that govern the Contractor’s operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction.
Unless arrangements for disturbance or use of areas outside the project limits are made by the City and made part of the contract, it is expressly agreed that the City assumes no responsibility for the Contractor or property owner with respect to any arrangements made between the Contractor and property owner. The Contractor shall implement, inspect and maintain all necessary water pollution control practices to satisfy all applicable Federal, State, and Local laws and regulations that govern water quality for areas used outside of the highway right-of-way or areas arranged for the specific use of the Contractor for this project. Installing, inspecting, and maintaining water pollution control practices on areas outside the road right-of- way not specifically arranged for and provided for by the City for the execution of this contract will not be paid for.
The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of the Contractor’s failure to comply with the provisions set forth in this section, including but not limited to, compliance with the applicable provisions of the Manuals, Permits and Federal, State and local regulations. Costs and liabilities include , but are not limited to, fines, penalties, and damages whether assessed against the State or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act.
In addition to the remedies authorized by law, money due to Contractor under the contract, in an amount determined by the City, may be retained by the City until disposition has been made of the costs and liabilities.
When a regulatory agency or other third party identifies a failure to comply with the water pollution control provisions or any other local, State, or Federal requirement, the City may retain money due to Contractor, subject to the following:
A. The City will give the Contractor 30 day notice of the City’s intention to retain funds from partial payments which may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor.
B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 73.2, “Partial and Final Payment” of the Greenbook Specifications
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TS-4 TECHNICAL SPECIFICATIONS
C. If the City has retained funds and it is subsequently determined that the City is not subject to the costs and liabilities in connection with the matter for which the retention was made, the City shall pay for interest on the amount retained for the period of the retention, and the rate of interest payable shall be 6 percent per annum.
Conformance with the provisions of this section shall not relieve the Contractor from the Contractor’s responsibilities, as provided in Section 7, “Legal Relations and Responsibility to the Public”, of the Caltrans Specifications.
The Contractor shall notify the City immediately upon request from the regulatory agencies to enter, inspect, sample, monitor or otherwise access the project site or the Contractor’s records pertaining to water pollution control work.
Full compensation for conforming to the requirements of this Section shall be considered as being included in the total Contract price, and no additional compensation shall be made therefor.
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TS-5 TECHNICAL SPECIFICATIONS
03 - Excavation / Earthwork
This section covers the requirements for all removals, excavation, and earthwork required for the project. Work under this item shall conform to the provisions in Section 15, “Existing Facilities”, Section 19, “Earthwork”, Section 73, “Concrete Curbs and Sidewalk” of the Caltrans Specifications and these special provisions.
If any export of material is required, Contractor shall export to external sources. If areas are encountered that the Contractor believes should be determined to be “unsuitable material”, the Contractor shall notify the City. If the City determines that the material is “unsuitable” it shall then be removed and disposed of and paid for as extra work
It is critical to not damage the existing utilities during construction. To this end, the City has reviewed record drawings and have included existing available utility and irrigation information on the civil plans. It should be emphasized that even through this information is being provided, it is the Contractor’s responsibility to protect the utilities and irrigation lines during construction and to ensure that the existing utilities and irrigation lines do not conflict with the proposed improvements. It is possible that all existing utilities may not be shown on the project drawings.
Full compensation for conforming to the requirements of this Section shall be considered as being included in the total Contract price, and no additional compensation shall be made therefor.
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TS-6 TECHNICAL SPECIFICATIONS
04 – Park Equipment Demolition and Installation
Demolition and installation of the park playground equipment shall be in conformance with the provisions listed in part 3 “Construction Methods” of the Greenbook Standard Specifications and the following documents found on PlanetBids:
Drawings and Manufacturer Specifications for Colonel Lewis Park, 412 pages Drawings and Manufacturer Specifications for Stallions Crossing Park, 204 pages Drawings and Manufacturer Specifications for Tamarisk Park, 421 pages Footing Details for EWF and Rubber Mulch, 1 page
Footing Details for PIP Surfacing, 1 page
Contractor will be responsible for the demolition and disposal of the existing playground equipment at Colonel Lewis Park, Stallions Crossing Park, and Tamarisk Park.
The playground equipment will be stored at the City of San Jacinto City Yard, located at 270 Bissell Place, San Jacinto CA 92583. Contractor will be responsible for obtaining the park equipment from the City Yard and delivering to the respective park for installation.
The contractor will not be responsible for purchasing the playground equipment.
The contractor will not be compensated for purchasing any playground equipment.
Installation methods shall be in conformance with the specifications found in the drawings and manufacturer specifications listed above.
The Lump Sum contract price paid for Bid Item No. 2 “Install Playground Equipment at Colonel Lewis Park” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for demolition, delivery, and installation of playground equipment and no additional compensation will be allowed therefor.
The Lump Sum contract price paid for Bid Item No. 3 “Install Playground Equipment at Stallions Crossing Park” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for demolition, delivery, and installation of playground equipment and no additional compensation will be allowed therefor.
The Lump Sum contract price paid for Bid Item No. 4 “Install Playground Equipment at Tamarisk Park” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for demolition, delivery, and installation of playground equipment and no additional compensation will be allowed therefor.
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Packet Pg. 268 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “A”
PLAYGROUND DEMOLITION AND
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CONTRACT FORMS
-CONTRACT FORMS
NOTICE OF AWARD
Date: ____________
To:
(Bidder)
Address:
PLAYGROUND DEMOLITION AND CONSTRUCTION PROJECT
You are hereby notified that your Bid dated _________________ for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for the abovenamed project.
The Bid Price of your contract is $
You must comply with the following conditions precedent within 10 calendar days of the date of this Notice of Award; that is, by ___________________.
1. You must deliver to the City, the fully executed counterpart of the Contract.
2. You must deliver, with the executed Contract, the Payment and Performance Bonds, and all required insurance documents as specified in the Instructions to Bidders and the Special Provisions.
3. You must prepare and submit to the City, a construction schedule and a schedule of values allocating the entire Contract Price to the various portions of the Work in accordance with Section 6 of the Special Provisions.
All of the above items shall be submitted to ________________ (name of project manager), City of San Jacinto Public Works Department.
Failure to comply with these conditions within the time specified will entitle the City to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
After you comply with the foregoing conditions, the City will return to you one fully signed counterpart of the Contract with the Contract Documents attached.
A mandatory pre-construction meeting for the contractor and all of his subs will be required prior to start of work and will be scheduled upon receipt of all contract documents.
You are required to return an acknowledged copy of this Notice of Award to the Agency.
CITY OF SAN JACINTO
_____________________________________________
By:
Title:
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Packet Pg. 269 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “A”
PLAYGROUND DEMOLITION AND
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CONTRACT FORMS
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the above Notice of Award is hereby acknowledged by _________________________________ this _____ day of __________________________ , 20__ Contractor_______________________________________
By_____________________________
Title____________________________
__________________________
Contractor’s California License No.
__________________________
Expiration Date
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Packet Pg. 270 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “A”
PLAYGROUND DEMOLITION AND
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CONTRACT FORMS
NOTICE TO PROCEED
Date: __________________
Contractor:
Address:
Project: PLAYGROUND DEMOLITION AND CONSTRUCTION PROJECT
Subject: NOTICE TO PROCEED
Dear __________________:
You are hereby notified to that the Contract Time under the above Contract will commence to run on [INSERT START DATE], and the work must be complete within [INSERT CONSTRUCTION TIME] working days thereafter.
The date of completion of the work is therefore [INSERT COMPLETION DATE]. The Contract provides for an assessment of liquidated damages for each and every calendar day after the above established contract completion date that the Work remains incomplete.
You are required to return an acknowledged copy of this Notice to Proceed to the City.
Please contact me at [INSERT CONTACT INFO] if you have questions. We are looking forward to a mutually successful project.
CITY OF SAN JACINTO
BY: __________________________
Title: _________________________
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Packet Pg. 271 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “A”
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CONTRACT FORMS
ACCEPTANCE OF NOTICE TO PROCEED
Receipt of the above Notice to Proceed is hereby acknowledged by _________________________________ this _____ day of __________________________ , 20__ Contractor_______________________________________
By_____________________________
Title___________________________
__________________________
Contractor’s California License No.
__________________________
Expiration Date
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Packet Pg. 272 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “A”
PLAYGROUND DEMOLITION AND
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CONTRACT FORMS
CHANGE ORDER
Project:
CI Number:
Contract #:
Change Order Number:
Change Order Date:
Contract Date:
To: [INSERT CONTRACTOR NAME, CONTACT INFORMATION AND REPRESENTATIVE]
THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDERS ASSOCIATED WITH THE WORK.
NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF SAN JACINTO.
The Contract is changed as follows:
[INSERT DESCRIPTION OF CHANGE]
Contractor agrees to furnish all labor, materials, equipment and services to perform the work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.
NOT VALID UNTIL SIGNED BY OWNER
In consideration of the change(s) described above, the Contract Price is adjusted as follows:
The original Contract Price was $_____________________
Net change by previously authorized Change Orders $_____________________ The Contract Price prior to this Change Order was $_____________________ The Contract Price will be changed by this Change Order in the amount of $_____________________ The new Contract Price including this Change Order will be $_____________________ In consideration of the change(s) described above, the Contract Time is adjusted as follows:
The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days The date of Completion as of the date of this Change Order therefore is ____/____/____ Attachments: [e.g., revised plans or specifications or itemized contractor proposal – if none, delete this line]
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the Work covered by this Change Order.
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Packet Pg. 273 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “A”
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CONTRACT FORMS
REQUESTED BY: ____________________________________________ Contractor
Date:_____________
ACCEPTED BY: ____________________________________________ City (Project Manager)
Date:_____________
APPROVED BY: ____________________________________________ City (Public Utilities Supervisor)
Date:_____________
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Packet Pg. 274 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
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PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
PREVAILING WAGE RATES – FEDERAL GENERAL DECISION
"General Decision Number: CA20250025 08/08/2025 Superseded General Decision Number: CA20240025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY
CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are
generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the | |2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
| | |
|If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
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Packet Pg. 275 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
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PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
| | |
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered
necessary for performance of work on the contract does not appear on this wage determination, the contractor must
still submit a conformance request.
Additional information on contractor requirements and
worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
2 01/24/2025
3 02/07/2025
4 02/21/2025
5 02/28/2025
6 03/28/2025
7 06/06/2025
8 08/01/2025
9 08/08/2025
a. ASBE0005-002 09/01/2024
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 56.32 26.52
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 39.94 20.65
b. ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming,
bagging and disposing of
all insulation materials
from mechanical systems,
whether
they contain asbestos or not)....$ 23.52 13.37
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Packet Pg. 276 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
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PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
c. BOIL0092-003 01/01/2024
Rates Fringes
d. BOILERMAKER......................$ 51.98 42.11
e. * BRCA0004-011 05/01/2024
Rates Fringes
f. BRICKLAYER; MARBLE SETTER........$ 45.53 20.29
*The wage scale for prevailing wage projects performed
in Blythe, China lake, Death Valley, Fort Irwin,
Twenty-Nine Palms, Needles and 1-15 corridor (Barstow
to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County
hourly wage rate
BRCA0018-004 06/01/2024
Rates Fringes
MARBLE FINISHER. ...................................... $ 43.38 15.36 TILE FINISHER. .......................................... $ 37.96 13.77 TILE LAYER.................................................. $ 51.82 19.32 BRCA0018-010 09/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 42.11 14.67
TERRAZZO WORKER/SETTER...........$ 49.62 15.26
CARP0213-001 01/01/2024
Rates Fringes
g. CARPENTER
(1) Carpenter,
Cabinet Installer,
Insulation
Installer,
Hardwood Floor
Worker and
acoustical
installer...................$ 48.86 22.88
(2) Millwright..............$ 49.36 22.88
(3) Piledrivermen/
Derrick Bargeman,
Bridge or Dock
Carpenter, Heavy
Framer, Rock
Bargeman or
Scowman,
Rockslinger, Shingler
(Commercial).................................... $ 48.99 22.88
3.A.7.a
Packet Pg. 277 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
(4) Pneumatic Nailer,
Power Stapler................................. $ 51.85 16.28 (5) Sawfiler. ................................ $ 51.69 16.28 (6) Scaffold Builder. .............. $ 40.77 22.38
(7) Table Power Saw
Operator. ........................................... $ 51.70 16.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
h. CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
i. CARP0213-004 01/01/2024
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 48.86 22.88
STOCKER/SCRAPPER............$ 20.80 9.97
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15
j. ELEC0440-001 12/30/2024
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 56.26
3 %+28.48 INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per
3.A.7.a
Packet Pg. 278 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
hour to the current wage scale. Zone (B) shall be the
area from the eastern perimeter of Zone (A) to a line
which runs north and south begininng at Little Morongo
Canyon (San Bernardino/Riverside County Line), Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash then South to Box Canyon
Road, then southwest along Box Canyon Road to Highway 195 west onto
195 south to Highway 86 to Riverside/Imperial County Line. k. ELEC1245-001 01/01/2025
Rates Fringes
l. LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment
specialist
(operates crawler
tractors,
commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)............................. $ 53.30 22.26 (3) Groundman. ................................ $ 40.76 21.76 (4) Powderman. ................................ $ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
m. ELEV0018-001 01/01/2025
Rates
Fri
nges ELEVATOR MECHANIC................$ 69.43
38. 435+a+b FOOTNOTE:
n. PAID VACATION: Employer contributes 8% of regular
hourly rate as vacation pay credit for employees with
more than 5 years of service, and 6% for 6 months to 5
years of service.
o. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day,Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. p. ENGI0012-004 08/01/2024
3.A.7.a
Packet Pg. 279 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
Rates Fringes
OPERATOR:
(DREDGING)
Power Equipment
(1) Leverman. ............................................. $ 64.10 38.75 (2) Dredge dozer. .................................... $ 58.13 38.75 (3) Deckmate. ................................. $
(4) Winch operator (stern
winch on dredge). ........................ $
58.02 57.47
38.75 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman, Leveehand. ........ $
56.93 38.75
(6) Barge Mate.......................................... $ 57.54 38.75 ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1. ...................................................... $ 53.90 32.80 GROUP 2....................................................... $ 54.68 32.80 GROUP 3....................................................... $ 54.97 32.80 GROUP 4....................................................... $ 56.46 32.80 GROUP 6....................................................... $ 56.68 32.80 GROUP 8....................................................... $ 56.79 32.80 GROUP 10....................................................... $ 56.91 32.80 GROUP 12....................................................... $ 57.08 32.80 GROUP 13....................................................... $ 57.18 32.80 GROUP 14....................................................... $ 57.21 32.80 GROUP 15....................................................... $ 57.29 32.80 GROUP 16....................................................... $ 57.41 32.80 GROUP 17....................................................... $ 57.58 32.80 GROUP 18....................................................... $ 57.68 32.80 GROUP 19....................................................... $ 57.79 32.80 GROUP 20....................................................... $ 57.91 32.80 GROUP 21....................................................... $ 58.08 32.80 GROUP 22....................................................... $ 58.18 32.80 GROUP 23....................................................... $ 58.29 32.80 GROUP 24....................................................... $ 58.41 32.80 GROUP 25....................................................... $ OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
58.58 32.80
GROUP 1 ............................................ $ 55.25 32.80 GROUP 2 ............................................$ 56.03 32.80 GROUP 3 ............................................$ 56.32 32.80 GROUP 4 ............................................$ 56.46 32.80 GROUP 5 ............................................$ 56.68 32.80 GROUP 6 ............................................$ 56.79 32.80 GROUP 7 ............................................$ 56.91 32.80 GROUP 8 ............................................$ 57.08 32.80 GROUP 9 ............................................$ 57.25 32.80 GROUP 10............................................ $ 58.25 32.80 GROUP 11............................................ $ 59.25 32.80 GROUP 12............................................ $ 60.25 32.80
3.A.7.a
Packet Pg. 280 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
GROUP
OPERATOR:
13............................................ $
Power Equipment
61.25 32.80
(Tunnel Work)
GROUP 1............................................. $ 55.75 32.80 GROUP 2............................................. $ 56.53 32.80 GROUP 3............................................. $ 56.82 32.80 GROUP 4............................................. $ 56.96 32.80 GROUP 5............................................. $ 57.18 32.80 GROUP 6............................................. $ 57.29 32.80 GROUP 7............................................. $ 57.41 32.80 q. PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment
Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp
Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton
Workers required to suit up and work in a hazardous
material environment: $2.00 per hour additional.
Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. r. SEE ZONE DEFINITIONS AFTER
CLASSIFICATIONS POWER EQUIPMENT
OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator;
Ditch Witch, with seat or similar type equipment;
Elevator operator-inside; Engineer Oiler; Forklift
operator (includes loed, lull or similar types under 5
tons; Generator operator; Generator, pump or
compressor plant operator; Pump operator; Signalman;
Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator-skip type; Conveyor operator; Fireman;
Forklift
operator (includes loed, lull or similar types over 5
tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side
dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or
3.A.7.a
Packet Pg. 281 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
mixerman (asphalt or concrete); Chip spreading machine
operator; Concrete cleaning decontamination machine
operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline
cableway signalman; Hydra-hammer-aero stomper; Micro
Tunneling (above ground tunnel); Power concrete curing
machine operator; Power concrete saw operator; Powerdriven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator
(compacting); Screed operator (asphalt or concrete);
Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar
types
- Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal
full slab vibrator, Mechanical berm, curb or
gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck
mounted); Road oil mixing machine operator; Roller
operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds.
struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump
operator (power driven hydraulic lifting device for
concrete forms); Tractor operator-bulldozer, tamperscraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar
types); Tugger hoist operator (1 drum); Ultra high
pressure waterjet cutting tool system operator; Vacuum
blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber
Greene or similar type); Asphalt-rubber distribution
operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator (excluding handheld); Cable Trenching Machine
Operator (Spider Plow or similar types) Cast-in-place
3.A.7.a
Packet Pg. 282 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
pipe laying machine operator; Combination mixer and
compressor operator (gunite work); Compactor operator
(self-propelled); Concrete mixer operator (paving);
Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or
similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete
placing machine operator (Hackley-Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit
Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all
attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Selfpropelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil
remediation plant operator; Surface heaters and planer
operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor
single engine); Tractor operator (boom attachments),
Traveling pipe wrapping, cleaning and bendng machine
operator; Trenching machine operator (over 6 ft. depth
capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic;
Water pull (compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum
mixer, dynamic compactor LDC350 (or similar types);
Monorail locomotive operator (diesel, gas or
electric); Motor patrol-blade operator (single
engine); Multiple engine tractor operator (Euclid and
similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator
(single engine, over 50 yds. struck); Pneumatic pipe
ramming tool and similar types; Prestressed wrapping
machine operator; Rubber-tired earth-moving equipment
3.A.7.a
Packet Pg. 283 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
operator (single engine, over 50 yds. struck); Rubber
tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader
operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form
operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or
similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator;
Mobile form traveler operator; Motor patrol operator
(multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine,
Euclid, Caterpillar and similar type, over 50 cu. yds.
struck); Rubber-tired self- loading scraper operator
(paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single
engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator
(operating a second piece of equipment: $1.00 per hour
additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
3.A.7.a
Packet Pg. 284 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and
including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding
compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple
engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the
tandem push-pull system (multiple engine, up to and
including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment
with the tandem push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubbertired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
s. CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
3.A.7.a
Packet Pg. 285 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
GROUP 1: Engineer oiler; Fork lift operator (includes
loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (AustinWestern or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator;
Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe,
dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe,
dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and
including 50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower
crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane
operator (over 50 tons, up to and including 100 tons
M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons
up to and including 200 tons mrc); Mobile tower crane
operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
3.A.7.a
Packet Pg. 286 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff
legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
t. TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1
drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting
machine operator; Heading shield operator; Heavy-duty
repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubbertired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger
hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine
operator ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the
intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of
3.A.7.a
Packet Pg. 287 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM.
Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM.
Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM.
Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM.
Continue E along south boundary of T1s, SBM (Riverside
County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM.
Continue S along the boundary between Imperial and San
Diego Counties, along the west edge of R9E, SBM to the
south boundary of Imperial County/California state line.
Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM.
Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section
34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue
E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to
Ventura County and Kern County boundary at the NE corner
3.A.7.a
Packet Pg. 288 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of
T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County
Boundary until the intersection of San Luis Obispo County.
Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County.
Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western
boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San
Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and
Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then
continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
u. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
IRON0433-006 01/01/2025
Rates Fringes
v. IRONWORKER
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 50.70 35.15
3.A.7.a
Packet Pg. 289 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
PREMIUM PAY:
$9.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains
Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S.
Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock w. * LABO0300-005 07/01/2025
Rates Fringes
Asbestos Removal Laborer.........$ 46.48 25.93
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic
waste by hand or with equipment or machinery;
scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations.
x. LABO0345-001 07/01/2025
Rates Fringes
y. LABORER (GUNITE)
z. GROUP 1.....................$ 55.88 23.77
aa.GROUP 2.....................$ 54.93 23.77
bb.GROUP 3.....................$ 51.39 23.77
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from
a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates,
paid on a portal-to-portal basis. Any work performed
on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in
excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be
compensated for at 35 cents per hour above the
applicable classification wage rate.
3.A.7.a
Packet Pg. 290 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
cc.GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
* LABO1184-001 07/01/2025
Rates Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 45.34 20.06
(2) Vehicle Operator/Hauler.$
(3) Horizontal Directional
Drill Operator. ............................. $
45.51 47.36
20.06 20.06
(4) Electronic Tracking
Locator. ........................................................ $ 49.36 20.06 Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 49.30 23.97
GROUP 2.....................$ 50.60 23.97
GROUP 3.....................$ 52.61 23.97
GROUP 4.....................$ 54.35 23.97
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any
surface in parking lots, game courts and playgrounds;
carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout
and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control.
This category includes all traffic related surface
preparation (sandblasting, waterblasting, grinding) as
part of the application process. Traffic protective
delineating system installer: removes, relocates,
installs, permanently affixed roadside and parking
delineation barricades, fencing, cable anchor, guard
rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper
3.A.7.a
Packet Pg. 291 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
GROUP 4: Striper: layout and application of traffic
stripes and markings; hot thermo plastic; tape traffic
stripes and markings, including traffic control;
operation of all related machinery and equipment
dd.* LABO1184-002 07/01/2025
Rates Fringes
LABORER (TUNNEL)
GROUP 1.............................................. $ 53.60 25.74 GROUP 2.............................................. $ 53.92 25.74 GROUP 3.............................................. $ 54.38 25.74 GROUP 4.............................................. $ 55.07 25.74
LABORER
GROUP 1.............................................. $ 46.48 25.95 GROUP 2.............................................. $ 47.03 25.95 GROUP 3.............................................. $ 47.58 25.95 GROUP 4.............................................. $ 49.13 25.95 GROUP 5.............................................. $ 49.48 25.95
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber
material loader; Laborer, general or construction;
Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete;
Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers;
Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all
concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or
larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or
3.A.7.a
Packet Pg. 292 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch;
Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method,
inside and
out; High scaler (including drilling of same); Hydro
seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, laykold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or
handling of such materials for pipe wrapping and
waterproofing); Operator of pneumatic, gas, electric
tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating,
grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or
multiple head concrete chipping scarifier; Steel
headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or
sander; Concrete saw person, cutting walls or flat
work, scoring old or new concrete; Cribber, shorer,
lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber
distributor boot person; Laser beam in connection with
laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of
receiving pipe in the ditch until completion of
operation, including any and all forms of tubular
material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used
for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product
whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole
installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes,
placing and blasting of all powder and explosives of
whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding
jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills
3.A.7.a
Packet Pg. 293 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
without regard to the form of motive power; Toxic waste removal
ee.TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete,
etc.)
GROUP 2: Chucktender, cabletender; Loading and
unloading agitator cars; Vibrator person, jack hammer,
pneumatic tools (except driller); Bull gang mucker,
track person; Concrete crew, including rodder and
spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo
person; Kemper and other pneumatic concrete placer
operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster;
Shotcrete person; Steel form raiser and setter; Timber
person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ff.LABO1184-004 07/01/2024
Rates Fringes
Brick Tender.....................$ 41.53 22.54
gg.* LABO1414-001 08/06/2025
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 46.17 25.97
PLASTER TENDER..............$ 48.72 25.97
Work on a swing stage scaffold: $1.00 per hour additional. hh.PAIN0036-001 07/01/2023
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
3.A.7.a
Packet Pg. 294 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
REPAINT of any previously painted structure.
Exceptions: work involving the aerospace industry,
breweries, commercial recreational facilities, hotels
which operate commercial establishments as part of
hotel service, and sports facilities.
ii.PAIN0036-008 09/01/2024
Rates Fringes
jj.DRYWALL FINISHER/TAPER...........$ 49.33 26.82
kk.PAIN0036-015 01/01/2025
Rates Fringes
ll.GLAZIER..........................$ 53.05 30.64
FOOTNOTE: Additional $1.25 per hour for work in a
condor, from the third (3rd) floor and up Additional
$1.25 per hour for work on the outside of the building
from a swing stage or any suspended contrivance, from the ground up
mm.PLAS0200-009 08/03/2022
Rates Fringes
nn.PLASTERER........................$ 47.37 19.64
PLAS0500-002 07/01/2023
Rates Fringes
oo.CEMENT MASON/CONCRETE FINISHER...$ 44.00 27.11
PLUM0016-001 09/01/2024
Rates Fringes
pp.PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not to
exceed 5,000 sq. ft. of
floor space.................$ 57.67 25.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 44.24 23.96
All other work except work
on new additions and
remodeling of bars,
3.A.7.a
Packet Pg. 295 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
restaurant, stores and
commercial buildings not to
exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 59.48 26.61
qq.PLUM0345-001 09/01/2023
Rates Fringes
rr.PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
ss.ROOF0036-002 08/01/2024
Rates Fringes
tt.ROOFER...........................$ 49.43 20.58
FOOTNOTE: Pitch premium: Work on which employees are
exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material
containing coal
tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
uu.SFCA0669-002 01/01/2025
Rates Fringes
vv.SPRINKLER FITTER.................$ 47.45 28.50
SHEE0105-003 01/01/2025
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN
BERNARDINO COUNTIES
Rates Fringes
ww.SHEET METAL WORKER
(1) Commercial -
New Construction
and Remodel
work........................$ 59.31 30.43
(2) Industrial
work including
air pollution
control systems,
noise abatement,
3.A.7.a
Packet Pg. 296 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
hand rails, guard
rails, excluding
aritechtural
sheet metal work,
excluding A-C,
heating,
ventilating
systems for human comfort...$ 56.95 30.04
xx.TEAM0011-002 07/01/2024
Rates Fringes
TRUCK DRIVER
GROUP 1. ...................................................... $ 39.59 34.34 GROUP 2...........................................$ 39.74 34.34 GROUP 3...........................................$ 39.87 34.34 GROUP 4...........................................$ 40.06 34.34 GROUP 5...........................................$ 40.09 34.34 GROUP 6...........................................$ 40.12 34.34 GROUP 7...........................................$ 40.37 34.34 GROUP 8...........................................$ 40.62 34.34 GROUP 9...........................................$ 40.82 34.34 GROUP 10. ..........................................$ 41.12 34.34 GROUP 11. ..........................................$ 41.62 34.34 GROUP 12. ..........................................$ 42.05 34.34 WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare
Training Center, Bridgeport, Point Arguello, Point
Conception, Vandenberg AFB]
yy.TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.;
Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
3.A.7.a
Packet Pg. 297 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete
truck, 6-1/2 yds. water level and over; Vehicle or
combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift
driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9
axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin
engine with attachments; Winch truck driver - $1.25
additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts
subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after
January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for
their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill,
injured, or has other health-related needs, including
preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the
employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is
available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included
within the scope of the classifications listed may be
3.A.7.a
Packet Pg. 298 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
The body of each wage determination lists the
classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate
(current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey.
Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an
internal number used in processing the wage determination.
The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.
Union prevailing wage rates are updated to reflect all
changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data
reported for the classifications reflected union rates.
EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of
Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage
determination was updated to reflect the most current
union average rate.
A UAVG rate will be updated once a year, usually in
January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
3.A.7.a
Packet Pg. 299 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
The ""SU"" identifier indicates that either a single nonunion rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a
weighted average rate includes all rates reported in the survey, it may include both union and non-union rates.
Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the
classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new
survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR
1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local)
government were adopted under 29 C.F.R 1.3(g)-(h). Example:
SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA?
identifier took effect under state law in the state from which the rates were adopted.
zz.WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a
position on a wage determination matter
d) an initial conformance (additional
classification and rate) determination
On survey related matters, initial contact, including
requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to [email protected] or by mail to:
Branch of Wage Surveys Wage and
3.A.7.a
Packet Pg. 300 Attachment: City of San Jacinto Contract_Playground Demolition and Construction Project (Playground Demolition and Construction for APPENDIX “B”
PLAYGROUND DEMOLITION AND
CONSTRUCTION PROJECT
PREVAILING WAGE RATES
FEDERAL GENERAL DECISION
Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington,
DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage
Determinations. Requests can be submitted via email to
[email protected] or by mail to:
Branch of Construction Wage Determinations Wage and
Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington,
DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to [email protected] or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington,
DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals
Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington,
DC 20210.
============================================================ ==== END OF GENERAL DECISION"
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Packet Pg. 302 Attachment: San Jacinto Parks Bid Package_Western State Builders_Rev Docs (Playground Demolition and Construction for Tamarisk Park,
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Packet Pg. 362 Attachment: San Jacinto Parks Bid Package_Western State Builders_Rev Docs (Playground Demolition and Construction for Tamarisk Park, September 16, 2025
TO: City Council
REQUESTED BY: Mathew Osborn, Superintendent
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Approve Contract for Meter Reading Infrastructure and Site Improvements
RECOMMENDATION:
Staff recommends that the City Council:
1. Determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303 (New Construction or Conversion of Small Structures) and 15332 (In-Fill Development Projects), as the project consists of a small facility located on an urbanized, in-fill site with no potential for significant environmental impacts, and direct staff to file a Notice of Exemption with the Riverside County Clerk/Recorder’s Office.
2. Approve the installation of a new seventy-foot tall (60 feet) meter reading tower and base station in the City Hall Parking Lot and five repeaters throughout the City's water service area.
3. Approve a sole source contract with Hydro Pro Solutions for the purchase and installation of the tower, base station, and repeaters in an amount not to exceed $120,000, inclusive of estimated shipping costs, consistent with San Jacinto Municipal Code Section
3.08.070(C)(1), the Uniform Public Construction Cost Accounting Act (CUPCCAA), and Public Contract Code Section 3400.
4. Approve a contract with G I Builders LLC for landscaping and fencing improvements in the amount of $17,365, consistent with CUPCCAA thresholds under San Jacinto Municipal Code Section 3.08.040(D)(1).
5. Authorize the City Manager to execute all necessary agreements, subject to City Attorney review and approval as to form, and approve a ten percent contingency, establishing a total project budget not to exceed $151,800.
DISCUSSION:
In 2022, the City of San Jacinto initiated a major Capital Improvement Project (CIP) to replace all aging water meters within the City’s service area. The goal of this project is to transition from traditional meters to modern smart meters in order to enhance water system efficiency, improve billing accuracy, and provide customers with better tools to manage their water usage.
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To date, approximately 60% of the City’s older meters have been replaced with new Master Meter advanced metering infrastructure (AMI) units. As the program progresses, the City has reached a point where installation of a dedicated meter reading tower, base station, and supporting equipment is both necessary and highly beneficial to maximize the effectiveness of the new technology.
The proposed project will include installation of:
• One seventy foot tall (60 feet) meter reading tower and antenna within the parking lot of City Hall, serving as the primary collection point for smart meter data. • One base station that will process data transmitted from the smart meters. • Five repeaters strategically located throughout the service area to ensure full coverage and strong data transmission.
Currently, two staff members are required to read meters over the course of two to three days each billing cycle (month). By installing this infrastructure, the City will automate the meter reading process, significantly reducing staff time spent on this task. This will allow staff to redirect efforts toward more critical system improvements such as replacing aging water mains and water services, thereby enhancing the overall reliability of the water system.
Additional benefits of installing the meter reading system include:
• Customer Empowerment: Creation of a secure customer portal where residents and businesses can view water usage in real time.
• Leak Detection: Customers will be able to set alerts to identify potential leaks or unusual water usage, encouraging water conservation and reducing costly damages. • Billing Accuracy: Automated meter readings on the first day of each month will improve billing consistency, preventing the occurrence of shorter or longer billing periods and reducing the likelihood of billing disputes.
A study was conducted to identify the most suitable site for the tower. Based on availability of power, central coverage of the service area, and accessibility, the City Hall parking lot was selected as the optimal location. This site will provide strong coverage for meter communications and minimize installation costs by utilizing existing electrical infrastructure. In addition, the City Hall location offers enhanced security through existing surveillance cameras, proximity to City services, and established perimeter fencing. The project will remove two compact parking spaces to accommodate the tower and will include installation of additional security fencing designed to match existing City Hall improvements, along with landscaping and other aesthetic treatments to ensure the facility blends appropriately with its surroundings.
The City engaged Hydro Pro Solutions, the sole provider of Master Meter hardware and software in California, to provide and install the tower, base station, and repeaters. As the authorized distributor and service provider, Hydro Pro Solutions ensures full compatibility with the City’s existing advanced metering infrastructure (AMI) system and ongoing meter replacement program.
Although this project is a Public Works Project subject to the Uniform Public Construction Cost Accounting Act (CUPCCAA) and San Jacinto Municipal Code Section 3.08.040, it qualifies
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under the “sole source” exception established in Section 3.08.070(C)(1) of the Municipal Code.
That section authorizes the City to dispense with competitive bidding where there is only one source that can provide the required goods or services, or where use of a specific vendor is necessary to maintain compatibility with existing City products or equipment.
In this case, Hydro Pro Solutions is the only vendor authorized in California to supply and install Master Meter AMI hardware and software. Competitive bidding would not provide any advantage, as no other vendors are authorized to perform this work. Public Contract Code Section 3400 further supports this determination, allowing public agencies to specify proprietary products in public works contracts when necessary to ensure system compatibility and functionality. The City’s reliance on the Master Meter platform for its meter replacement program requires the use of proprietary equipment to complete the system.
Accordingly, the City has determined that contracting directly with Hydro Pro Solutions meets the requirements of CUPCCAA, the Public Contract Code, and San Jacinto Municipal Code Chapter 3.08.
To address aesthetics and security, the City also engaged G I Builders LLC to install fencing and landscaping around the new tower site. With a contract value of $18,000, the work falls below the $60,000 threshold under CUPCCAA and Municipal Code Section 3.08.040(D)(1), which allows such projects to be completed by force account, negotiated contract, or purchase order without the need for formal or informal bidding procedures. G I Builders LLC has successfully completed several projects for the City, including the Corporation Yard remodel and City Hall office remodel, and has consistently delivered satisfactory work. Based on their proven performance, staff determined G I Builders LLC to be the most suitable contractor to complete these improvements.
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review. The installation of the meter reading tower, base station, and associated site improvements is categorically exempt under CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), which applies to the construction and location of limited numbers of new, small facilities or structures, and Section 15332 (In-Fill Development Projects), which applies to projects characterized as in-fill development within city limits.
The project involves installation of a single 70-foot tower, base station, and security fencing within the developed City Hall parking lot. The site is fully urbanized, surrounded by existing municipal uses, and does not contain habitat for sensitive species. The project will not result in any significant adverse impacts related to traffic, noise, air quality, water quality, or cultural resources. The minor loss of two compact parking spaces does not create a new significant impact, as sufficient parking capacity remains available onsite.
Therefore, the project qualifies for categorical exemptions under CEQA and no further environmental analysis is required.
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FISCAL IMPACT:
Funding for this project is already included in the adopted FY 25/26 CIP Budget (CIP #22-006).
No additional appropriation is required.
ATTACHMENTS:
HydroPro Infrastructure Pricing
HydroPro Installation Pricing
G I Builders Tower Landscape and Fence Bid
Base Station and Repeater Brochure
Master Meter - HydroPro Solutions Sole Source Letter
Basin Station Photo
Tower Site Rendering 2
Tower Site Rendering 1
Meter Tower Photo 1
Meter Tower Photo 2
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Packet Pg. 368 Attachment: HydroPro Installation Pricing (Approve Contract for Meter Reading Infrastructure and Site Improvements) G I BUILDERS LLC ESTIMATE 9/4/2025
864 BAHAMA DRIVE
HEMET, CA 92543
SCOPE AT The City of San Jacinto City Hall
1) Install curb 1’ TALL X 6” WIDE X 40’ LONG.
2) Install 4” wide curb under fence as a root barrier to keep bushes from growing into the mulch area
3) Install approximately 50’ of 6’ high wrought iron fencing with a 3’ wide gate to match existing fence with spears not any design in the center of fence. 4) Install irrigation i.e. drip system and bushes with soil between fence and curb. 5) Install mulch / bark around 8’x8’ pad
The total of this project is $17,365.00
A deposit of $5,000 is requested to start.
Bid By
Gary Rue
GI Builders LLC
License #1085082
864 Bahama Drive
Hemet, CA 92543
(951) 306-8810
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Packet Pg. 369 Attachment: G I Builders Tower Landscape and Fence Bid (Approve Contract for Meter Reading Infrastructure and Site Improvements)
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Packet Pg. 370 Attachment: Base Station and Repeater Brochure (Approve Contract for Meter Reading Infrastructure and Site Improvements)
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Packet Pg. 371 Attachment: Base Station and Repeater Brochure (Approve Contract for Meter Reading Infrastructure and Site Improvements)
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Packet Pg. 372 Attachment: Base Station and Repeater Brochure (Approve Contract for Meter Reading Infrastructure and Site Improvements)
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Packet Pg. 373 Attachment: Base Station and Repeater Brochure (Approve Contract for Meter Reading Infrastructure and Site Improvements) Master Meter, Inc. 101 Regency Pkwy, Mansfield, TX 76063 T: 817-842-8000 [email protected] MasterMeter.com Confidential and Proprietary Information. Property of Master Meter, Inc.
August 12, 2025
City of San Jacinto, CA
Attn: Matt Osborne
Public Utilities Superintendent
951-623-6199
270 Bissell Place
San Jacinto, CA 92582
[email protected]
Dear Mr. Osborne,
On behalf of HydroPro Solutions and Master Meter, Inc., we appreciate the continued opportunity to serve your metering needs.
Please let this correspondence confirm that HydroPro Solutions is the only authorized waterworks utility distributor for Master Meter in the state of California but not limited to all sizes and types of water meters, AMR/AMI meter reading system, components, and accessories.
817-913-9897.
Respectfully,
Geoff Fishel
Regional Vice President of Sales - West
Master Meter, Inc.
cc: Chris Lambros, Account Manager, HydroPro Solutions
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Packet Pg. 374 Attachment: Master Meter - HydroPro Solutions Sole Source Letter (Approve Contract for Meter Reading Infrastructure and Site Improvements)
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Attachment: Basin Station Photo (Approve Contract for Meter Reading Infrastructure and Site
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Attachment: Meter Tower Photo 1 (Approve Contract for Meter Reading Infrastructure and Site
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Attachment: Meter Tower Photo 2 (Approve Contract for Meter Reading Infrastructure and Site September 16, 2025
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Award of Contract for Building & Safety Inspection Services to Willdan Engineering
RECOMMENDATION:
Staff recommends that the City Council:
1. Award a Professional Services Agreement to Willdan Engineering for Building & Safety Inspection Services for an initial four-year term, expiring June 30, 2029, with the option for extensions.
2. Authorize the City Manager, subject to review and approval of the City Attorney, to execute the agreement and approve any necessary change orders within the approved scope and budget.
BACKGROUND:
The City of San Jacinto has seen a sustained period of residential and commercial development, with multiple active subdivisions, housing tracts, commercial centers, and public facility projects currently under construction. These projects have increased demand for timely building inspections to keep pace with construction schedules and ensure compliance with the California Building Standards Code (Title 24) and the San Jacinto Municipal Code.
In early 2025, the City’s full-time Building Inspector resigned, leaving the City’s Senior Building Inspector as the sole inspector responsible for all permitted construction activity. This staffing level is not sustainable long term and poses challenges when there are unplanned absences, planned vacation leave, or professional development requirements such as training and conferences. When inspection coverage is unavailable, construction schedules are delayed, which negatively impacts builders, residents, and the local economy.
To address these operational challenges, staff prepared and published a Request for Proposals (RFP) for Building & Safety Inspection Services. The RFP was released on the City’s PlanetBids e-Procurement Portal on August 12, 2025, and remained open until September 2, 2025. The RFP requested proposals from qualified firms to provide inspection coverage on Mondays and Thursdays, approximately 90 hours per year of vacation coverage, and on-call availability to cover unforeseen absences. The RFP also acknowledged that as development activity grows, the City may require full-time inspection coverage during the term of the agreement.
DISCUSSION:
The City received five proposals from the following firms:
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• Willdan Engineering
• Bureau Veritas
• 4LEAF
• VCA Code
• JAS Pacific
Proposals were evaluated by City staff based on the criteria published in the RFP as outlined below:
• Understanding of Scope and City Needs (20 points)
• Firm Qualifications (20 points)
• Key Personnel (20 points)
• Project Approach and Responsiveness (15 points)
• References and Past Performance (10 points)
• Cost Proposal (15 points)
Firm
Scope
& City
Needs
(20)
Firm
Qualifications
(20)
Key
Personnel
(20)
Approach &
Responsiveness
(15)
References
(10)
Cost
(15) Total
Willdan 20 19 19 15 8 11 92
Bureau
Veritas 20 18 17 14 7 12 88
4LEAF 19 18 18 13 8 10 86
VCA
Code 18 17 16 13 8 12 84
JAS
Pacific 17 15 15 12 6 14 79
Based on this evaluation, Willdan provides the best combination of qualifications, inspector continuity, system integration, and scalability, while remaining competitively priced.
Key Factors:
• Scalable Service Model: Willdan can provide part-time coverage now and seamlessly expand to full-time inspection services as needed. This flexibility is important as development activity can fluctuate during the contract term. • Qualified Personnel: Willdan identified ICC-certified inspectors with experience in residential, commercial, and solar construction inspections, ensuring the City will receive consistent and knowledgeable field service.
• Integration with City Systems: Willdan has direct experience using EnerGov IG Inspect, the City’s inspection management system, which will allow real-time documentation and efficient routing of inspection requests.
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• Regional Experience: Willdan currently provides inspection services for nearby jurisdictions, including Hemet, Beaumont, Banning, Moreno Valley, and Riverside County. Their familiarity with regional codes and development practices will support a smooth transition into San Jacinto operations.
• Responsiveness and Customer Service: Willdan’s proposal described how their inspectors coordinate daily with City staff, respond to same-day inspection requests, and maintain open communication with contractors and homeowners to minimize delays.
This contract will allow the City to maintain inspection coverage even when staff are out, avoid service gaps, and provide a consistent level of customer service for residents and the building community.
The Professional Services Agreement with Willdan is structured as a multi-year contract with an initial three-year term and options for extension, giving the City the ability to maintain continuity of service over time. While the immediate service level is expected to remain at two days per week (Monday and Thursday), the agreement allows for the City to request additional coverage, including temporary full-time inspection services, if needed.
To accommodate this flexibility, the agreement establishes a not-to-exceed limit of $250,000 per fiscal year, which will allow the City to scale up inspection services if development activity or staffing needs change. Staff anticipates that the actual cost for the initial Monday and Thursday coverage will be significantly lower than the annual limit.
FISCAL IMPACT:
Funding for Building & Safety Inspection Services is included in the Building & Safety Division budget and is supported by building permit fees. For Fiscal Year 2025/26, much of the cost will be offset by salary savings from the vacant Building Inspector position, minimizing the immediate financial impact.
In future fiscal years, additional funds will need to be allocated to the Division’s Professional Services budget to ensure ongoing coverage under this contract. These costs will continue to be fully supported by building permit fees and are not expected to impact the General Fund.
ATTACHMENTS:
Request for Proposals
Building Inspection Services Contract - Willdan - DRAFT Willdan Proposal
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CITY OF SAN JACINTO
REQUEST FOR PROPOSAL
Building & Safety Inspection Services
1. OVERVIEW
The City of San Jacinto ("City") is requesting proposals from qualified firms to provide Building & Safety Inspection Services to support the City’s Building & Safety Division. These services are intended to supplement the work of in-house staff and will be delivered on a scheduled and as-needed basis.
The selected Consultant will act as an extension of City staff, performing field inspections for permitted residential and non-residential construction projects to verify compliance with the California Building Standards Code (Title 24), including structural, electrical, plumbing, mechanical, energy, and accessibility requirements, as well as applicable provisions of the San Jacinto Municipal Code and Development Code.
Services are limited to field inspections only. Plan review, permit processing, and building official services are not included in the scope of this RFP.
2. PURPOSE
The purpose of this Request for Proposals (RFP) is to establish a contract with a qualified firm to provide building inspection services for the City of San Jacinto. The City’s immediate need includes coverage on Mondays and Thursdays, excluding holidays, as well as approximately 90 hours of annual vacation relief for City staff.
Services will be provided under the direction of the City’s Senior Building Inspector and Community Development Manager, and are intended to supplement the City’s in-house capabilities. The selected Consultant will be expected to provide timely, thorough, and professional inspections while maintaining a high standard of customer service and responsiveness.
All inspections must be conducted by certified personnel who meet the applicable qualifications, including current ICC certification(s) and any licensing required under State law.
3.A.9.a
Packet Pg. 383 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering)
3. SCOPE OF SERVICES
The Consultant shall provide Building & Safety Inspection Services to supplement the City of San Jacinto’s in-house inspection staff. Services will be performed under the direction of the City’s Senior Building Inspector and Community Development Manager. The Consultant will serve as an extension of City staff and must demonstrate strong communication, professionalism, and technical competence in the application of building codes and construction standards.
The City currently offers inspections between 8:00 a.m. and 4:00 p.m., Monday through Thursday, excluding holidays, and operates with one Senior Building Inspector to fulfill this function. To supplement and support existing operations, the City is seeking a Consultant to provide eight (8) hours of inspection coverage on Mondays and Thursdays (excluding holidays) each week. In addition to this scheduled support, the City requires the ability to request inspection coverage on an as-needed basis to cover approximately 90 hours of planned absences, such as vacation leave. Ideally, the Consultant will also be capable of providing on-call services to address short-notice needs due to unforeseen absences, such as sick leave or emergencies. The City values reliability and flexibility and is seeking a firm that can deliver consistent coverage with minimal disruption to operations.
While most inspections are scheduled at least 24 hours in advance, the Consultant must provide flexibility to accommodate late or same-day requests, and work cooperatively with City staff to adjust the inspection route or daily schedule as needed.
Inspections are typically requested at least 24 hours in advance, and the City’s inspection schedule is developed each morning based on the volume and types of inspection requests received. The Consultant will be expected to assist the Senior Building Inspector and permit counter staff in confirming the daily schedule and organizing site visits for maximum efficiency, while ensuring timely customer service.
Future Service Adjustments:
While the City’s current need is for part-time coverage (Mondays and Thursdays), vacation relief, and on-call support, the City reserves the right to modify the level of service during the term of the agreement. This may include increasing the frequency or duration of inspection coverage, up to full-time support, based on future staffing levels, project volume, or operational needs. Any adjustments to the service level will be coordinated in writing with the selected Consultant and subject to mutually agreed terms, including any applicable adjustments to compensation or personnel assignments.
3.A.9.a
Packet Pg. 384 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) The Consultant shall be responsible for the following:
• Providing a reliable, presentable, and properly insured vehicle for travel to and between job sites within City limits
• Conducting on-site inspections for permitted construction projects, including:
o Residential and commercial new construction
o Room additions, patio covers, and accessory structures o Solar photovoltaic system installations
o Mechanical, electrical, and plumbing systems
o Tenant improvements
o HVAC replacements
o Pools, spas, and related safety barriers
• Verifying compliance with:
o California Building Standards Code (Title 24)
o San Jacinto Municipal Code and Development Code
o Applicable state and federal accessibility requirements • Providing clear, accurate, and complete documentation of inspection results using the City’s inspection management platform (EnerGov IG Inspect) on a City-issued tablet
• Preparing notices of correction and stop work notices (if authorized), and ensuring proper follow-up with contractors and permit holders
• Communicating effectively with contractors, homeowners, developers, and design professionals to clarify code requirements and resolve issues in the field • Assisting with daily inspection scheduling and route planning in coordination with City staff
• Being available and responsive to late requests or last-minute additions to the inspection schedule
• Demonstrating a high level of customer service, punctuality, and professionalism Note: The Consultant will not perform plan review, permit counter functions, building official duties, or any responsibilities beyond field inspections and daily scheduling coordination.
4. ADDITIONAL CONSUL TANT RESPONSIBILITIES
The Consultant shall be responsible for completing the specified services in accordance with the City's Professional Services Agreement (Exhibit A).
3.A.9.a
Packet Pg. 385 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering)
5. TERM
The term of the agreement shall be determined upon need of services and consistent with the City's policies. The initial period of the contract is three (3) years, with the option for contract extensions.
6. PROPOSAL REQUIREMENTS
To ensure a consistent and efficient review process, proposals must be organized according to the format below. Each section should be clearly labeled. Proposers are encouraged to focus exclusively on the requested scope of work—field inspection services only—and to avoid including unrelated services such as plan check, permit processing, or building official functions unless specifically requested elsewhere in this RFP.
A. Cover Letter (2 pages maximum)
Submit a cover letter signed by an individual authorized to bind the firm contractually. The letter should briefly introduce the firm, express interest in providing Building & Safety Inspection Services to the City of San Jacinto, and acknowledge receipt and understanding of the RFP.
The cover letter must include the name, title, address, telephone number, and email address of the individual authorized to negotiate and finalize the contract on the firm’s behalf. The cover letter also constitutes a certification that the firm complies with all applicable federal and state nondiscrimination and equal opportunity laws. Unsigned proposals, or those signed by unauthorized individuals, may be rejected as nonresponsive.
B. Statement of Understanding (4 pages maximum)
Provide a narrative describing the firm’s understanding of the City’s needs. The City is seeking a qualified firm to provide a professional, responsive, and adaptable inspector to serve as a part-time extension of its in-house Building & Safety team.
This section should confirm that:
• The assigned inspector will provide on-site inspection services on Mondays and Thursdays, for up to eight (8) hours per day.
• The firm will provide additional inspection coverage on an as-needed basis to cover approximately 90 hours of planned staff absences (e.g., vacation). • The firm is also capable of providing on-call inspection services in the event of unplanned absences, such as sick leave or other unforeseen circumstances. • The scope of work is strictly limited to field inspection services and does not include plan review, permit processing, or other administrative or building official functions.
3.A.9.a
Packet Pg. 386 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) Describe how the firm will coordinate with City staff to support daily inspection scheduling, respond to late or same-day inspection requests, and deliver courteous, knowledgeable customer service in interactions with the public and construction professionals.
C. Firm Profile and Qualifications (6 pages maximum)
Describe the firm’s legal name, structure (corporation, LLC, etc.), headquarters location, and any local offices that will support this contract. Summarize relevant experience providing building inspection services to public agencies, particularly cities with similar volume and structure to San Jacinto.
Include an overview of the firm's organizational structure, areas of technical expertise, and familiarity with California Building Standards Code (Title 24). Emphasize the firm’s experience operating as a contract inspection provider and its ability to reliably staff this engagement over the life of the agreement.
D. Key Personnel
Identify the individual(s) the firm proposes to assign as the primary inspector(s) under this contract. For each, provide a résumé or summary biography that includes relevant certifications (e.g., ICC Combination Inspector), years of experience, and past municipal assignments.
If separate from the inspector(s), identify the individual who will serve as the firm’s project manager and primary contact for billing, contract administration, and scheduling coordination. Indicate whether proposed staff are direct employees or contract personnel.
If multiple inspectors are proposed, explain how continuity, supervision, and quality assurance will be maintained.
Clearly state each individual’s availability to support the required four-day inspection schedule and additional vacation relief hours.
E. Project Approach (4 pages maximum)
Describe the firm’s approach to service delivery. Include how your staff will coordinate with the City’s Senior Building Inspector and permit counter staff to:
• Develop efficient daily inspection schedules
• Respond to same-day or late requests
• Utilize the City’s EnerGov IG Inspect system (or similar) Explain how the assigned inspector(s) will manage interactions in the field with contractors, developers, and homeowners—balancing customer service with effective code
3.A.9.a
Packet Pg. 387 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) enforcement. Include any tools or systems the firm uses to improve responsiveness, documentation accuracy, or coordination with City staff.
You may also describe how your firm ensures personnel stay current with code changes and how staff performance is reviewed or supported internally.
F. References
Provide at least three references from public agencies where the firm has provided similar inspection services within the last five years. For each reference, include:
• Agency name
• Contract or project description
• Duration of service
• Contact person’s name, title, phone number, and email Where available, include references that demonstrate experience serving as a supplemental inspector, familiarity with EnerGov (or comparable platforms), and working within similar staffing or scheduling models.
G. Insurance and Liability Coverage
Confirm that the firm can meet the insurance requirements outlined in the City’s standard Professional Services Agreement (Exhibit A), including:
• Commercial General Liability Insurance of not less than $2 million per occurrence • Workers’ Compensation Insurance (as required by law)
• Automobile Liability Insurance for vehicles used in performance of work • Professional Liability Insurance (errors and omissions), if applicable Firms do not need to submit insurance certificates with the proposal but must affirm that required coverage will be in place upon contract execution.
3.A.9.a
Packet Pg. 388 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) H. Fee Proposal
Provide a comprehensive fee schedule for inspection services. At minimum, this should include:
• Standard hourly rate(s), broken out by classification if more than one type of inspector is proposed
• A clear indication of whether rates include travel, mileage, equipment, and overhead Separate rates (if applicable) for:
• After-hours, weekend, or emergency inspections
• Specialty services such as CASp inspections
• Vacation relief beyond the base 90-hour allocation
Indicate whether proposed rates are fixed for the initial contract term, and describe any anticipated rate adjustments for future renewals.
I. Additional Information (Optional)
Proposers may include any other information that supports their qualifications, such as:
• Client testimonials
• Internal quality control measures
• Sample documentation (e.g., inspection checklists)
• Tools or procedures that reflect the firm’s commitment to professionalism and responsiveness
3.A.9.a
Packet Pg. 389 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering)
7. EVALUATION CRITERIA
Proposals will be evaluated by a review panel consisting of City staff. The City reserves the right to conduct interviews with top-ranking firms if additional information is needed. The evaluation will consider overall responsiveness, qualifications, and ability to meet the City’s needs as described in this RFP. Proposals will be scored based on the following weighted criteria:
Evaluation Criteria Weight
Understanding of Scope and City Needs 20%
Qualifications and Experience of Firm 20%
Qualifications and Availability of Key Personnel 20%
Project Approach and Responsiveness 15%
References and Past Performance 10%
Cost Proposal 15%
The City will assess how well the proposal demonstrates an understanding of the requested inspection services, daily scheduling, flexibility, and the importance of serving as an extension of City staff. Proposals should clearly reflect an understanding that this is not a full-service building division contract but limited to field inspections and related coordination.
Qualifications and Experience of Firm (20%)
This criterion evaluates the proposer’s overall experience providing municipal building inspection services, particularly part-time or supplemental staffing. Familiarity with Title 24, local codes, and EnerGov (or similar platforms) will be considered.
Qualifications and Availability of Key Personnel (20%)
The evaluation will focus on the experience, credentials, and availability of the proposed inspector(s) and project manager. The City places a high value on continuity of personnel and the ability to reliably staff a four-day inspection schedule, with minimal substitution or disruption.
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Packet Pg. 390 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) Project Approach and Responsiveness (15%)
Proposals should describe a practical, responsive, and collaborative approach to managing daily inspections, adjusting to real-time requests, coordinating with City staff, and maintaining customer service standards in the field. Use of technology, communication systems, and internal quality control measures will be considered under this criterion.
References and Past Performance (10%)
The City will review the proposer’s track record providing similar services for other agencies, particularly those of similar size, structure, or volume. References may be contacted to verify past performance, reliability, and customer service.
Cost Proposal (15%)
While cost is not the sole determining factor, it will be evaluated for competitiveness, clarity, and consistency with the proposed scope of services. The City will review whether the fee structure accounts for all anticipated costs and provides fair value for the requested work.
8. Submittal
Proposals must be submitted electronically via the City’s PlanetBids e-Procurement Portal, accessible at:
https://vendors.planetbids.com/portal/39490/portal-home All proposals must be submitted no later than 12:00 PM (Noon), Tuesday, September 2, 2025. Late proposals will not be accepted, regardless of the reason. Postmarks, hand deliveries, and faxed or emailed submittals will not be considered.
Once submitted, proposals, including the designated personnel and firm composition, may not be altered without prior written approval from the City.
All questions regarding this RFP must be submitted through the PlanetBids portal by 5:00 PM, Tuesday, August 26, 2025. Answers to all submitted questions will be posted publicly on the PlanetBids portal. Proposers are responsible for monitoring the portal for updates or addenda.
Direct contact with City staff, elected officials, or any other City representatives regarding this solicitation is strictly prohibited. Any attempt to influence the selection process through direct communication outside the formal channels may result in immediate disqualification of the proposer.
All costs associated with preparing and submitting a proposal shall be borne solely by the proposer.
3.A.9.a
Packet Pg. 391 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) For reference or clarification only (not for proposal submission or questions), the City's primary point of contact is:
Rene Yarnall
Community Development Manager
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
[email protected]
9. Confidentiality
Prior to proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After proposal selection all responses may be regarded as public record and may be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as noneffective and will be disregarded.
10.Amendments to Requests for Proposals
The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date.
11.Non commitment of City
The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal reviewed. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into a final contract.
12.Conflict of Interest
The consultant shall disclose any financial, business, or other relationships with the City, its officials and staff. The consultant shall also list current clients who may have a financial interest in the outcome of this contract.
The City may request a qualification interview with the consultant(s) prior to making a final decision. This selection will be conducted according to the City's adopted procedures. The City reserves the right to reject any and all proposals.
3.A.9.a
Packet Pg. 392 Attachment: Request for Proposals (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) 24438.00000\30452526.3
(BB&K 2021) -1- Professional Services Agreement
CITY OF SAN JACINTO
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and Willdan, a California Corporation, with its principal place of business at 650 E Hospitality Lane, Suite 400, San Bernardino, CA 92408 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing Building and Safety services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Building and Safety Inspection Services project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Building and Safety Inspection Services consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 1, 2025 to June 30, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three additional twoyear terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
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(BB&K 2021) -2- Professional Services Agreement
not exceed two-hundred twenty-five thousand ($225,000) per fiscal year without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.2.5 Rate Increases. Beginning July 1, 2027, and on each annual anniversary thereafter, the hourly rates listed in Exhibit “C” may be increased based on the percentage change in the Consumer Price Index (CPI) from November to November of the preceding calendar year.
The applicable index shall be the Consumer Price Index for All Urban Consumers (CPI-U), United States City Average, All Items, Not Seasonally Adjusted, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor agency. Such an increase shall not exceed five percent (5%) per annum. If the index reflects a decrease, the rates listed in Exhibit “C” shall increase by no more than three (3%). Consultant agrees to notify the City of rate changes pursuant to this agreement in writing at least 10 days prior to the effective date. This notification must include the new rate schedule and the date it will take effect.
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any personnel performing the Services on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.
Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional
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Packet Pg. 394 Attachment: Building Inspection Services Contract - Willdan - DRAFT (Award of Contract for Building & Safety Inspection Services to Willdan 24438.00000\30452526.3
(BB&K 2021) -3- Professional Services Agreement
personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
Patrick Johnson, Director of Building and Safety.
3.3.5 City's Representative. The City hereby designates City Manager, Robert A. Johnson, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Patrick Johnson, Director of Building and Safety, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling
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(BB&K 2021) -4- Professional Services Agreement
necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
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(BB&K 2021) -5- Professional Services Agreement
keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.3.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.2 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections
3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s
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ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
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(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (E) Pollution Liability: Pollution Liability Insurance covering all of the consultant’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits of not less than $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
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(D) Pollution Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. (E) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
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3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
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volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before
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commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Willdan Engineering
650 E Hospitality Lane, Suite 400
San Bernardino, CA 92408
ATTN: Patrick Johnson, Director of Building and Safety
City: City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: Robert A. Johnson, City Manager
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a
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party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
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subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have
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participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
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3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF SAN JACINTO AND
WILLDAN ENGINEERING
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF SAN JACINTO WILLDAN ENGINEERING
By: ____________________________ By: ____________________________ Robert A. Johnson Patrick Johnson
City Manager Director of Building and Safety
Attest:
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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(BB&K 2021) Exhibit “A”-1 Professional Services Agreement EXHIBIT "A"
SCOPE OF SERVICES
The Consultant shall be responsible for the following:
• Provide up to eight (8) hours of inspection coverage on Mondays and Thursdays (excluding holidays) each week. In addition to this scheduled support, the City requires the ability to request inspection coverage on an as-needed basis to cover approximately 90 hours of planned absences, such as vacation leave
• Providing a reliable, presentable, and properly insured vehicle for travel to and between job sites within City limits
• Conducting on-site inspections for permitted construction projects, including:
o Residential and commercial new construction
o Room additions, patio covers, and accessory structures o Solar photovoltaic system installations
o Mechanical, electrical, and plumbing systems
o Tenant improvements
o HVAC replacements
o Pools, spas, and related safety barriers
• Verifying compliance with:
o California Building Standards Code (Title 24)
o San Jacinto Municipal Code and Development Code
o Applicable state and federal accessibility requirements • Providing clear, accurate, and complete documentation of inspection results using the City’s inspection management platform (EnerGov IG Inspect) on a City-issued tablet • Preparing notices of correction and stop work notices (if authorized), and ensuring proper follow-up with contractors and permit holders
• Communicating effectively with contractors, homeowners, developers, and design professionals to clarify code requirements and resolve issues in the field • Assisting with daily inspection scheduling and route planning in coordination with City staff
• Being available and responsive to late requests or last-minute additions to the inspection schedule
• Demonstrating a high level of customer service, punctuality, and professionalism
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\30452526.3
(BB&K 2021)
Exhibit “A-I1” Professional Services Agreement
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(BB&K 2021) Exhibit “B”
-1 Professional Services Agreement
EXHIBIT "B"
SCHEDULE OF SERVICES
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(BB&K 2021) Exhibit “C”
-1 Professional Services Agreement
EXHIBIT "C"
COMPENSATION
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Packet Pg. 414 Attachment: Willdan Proposal (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) A. Cover Letter
September 2, 2025
City of San Jacinto
Attn: Building & Safety Division
595 S. San Jacinto Ave.
San Jacinto, CA 92262
Subject: Response to RFP Building & Safety Inspection Services Submitted electronically to: https://vendors.planetbids.com/portal/39490/portal-home Willdan Engineering is pleased to present this proposal to the City of San Jacinto to provide building and safety inspection services to the City. Willdan has been a consistent industry leader for more than 60 years, providing all aspects of municipal and infrastructure engineering, including building and safety, public works, public financing, planning, and construction management services.
While our exceptional services are presented in this response, listed below are reasons why Willdan is uniquely qualified to provide these services to the City of San Jacinto. ▪ Demonstrated Competence – Willdan Engineering presently provides building and safety services to a vast number of jurisdictions throughout California. In this capacity, we provide a full range of services including Building Official services, building and safety inspection, plan review, permit issuance, and code enforcement. Willdan provides Building and Safety services to several local jurisdictions including the cities of Hemet, Beaumont, Banning, Moreno Valley and Riverside County. We are familiar with the area and the expectation for quality customer service to the community and residents.
▪ Office Locations – With sixteen southern California offices, Willdan staff are available to meet with City staff, applicants, developers, etc., to expedite plan review coordination and respond to questions and concerns in a timely manner. Our team will be managed and coordinated through our San Bernardino Office.
▪ CASp Certified Inspectors and Plans Examiners – Willdan Engineering can provide CASp certified specialists to the City, as required by Senate Bill No. 1608, specifically CHAPTER 549. ▪ Customer Service – Our approach to user-friendly customer service-oriented building inspection services to a municipality, involves clear communication, responsiveness, and a strong commitment to the community. Further, it means being accessible to residents, contractors, and City staff, offering timely inspections to ensure that the process is smooth and efficient. A customer-focused approach fosters trust, helps resolve issues collaboratively, and supports the community's development goals while upholding the highest standards of building safety and regulatory compliance.
▪ Certification – Willdan complies with all applicable Federal and State nondiscrimination and equal opportunity laws and regulations.
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Patrick Johnson, PE, CBO, Director of Building and Safety, is authorized to contractually bind Willdan and will serve as Project Manager. Patrick will oversee all day-to-day services provided to the City and can be reached as shown below:
As demonstrated in our proposal, our team possess the skills and experience required to address the City’s needs. We have reviewed and understand all elements of the City’s RFP and will perform the services and adhere to the requirements as described. Willdan is willing to enter into a contract under the terms and conditions prescribed in the RFP and in the provided Sample Agreement. We look forward to providing services to the City of San Jacinto and its community.
Respectfully submitted,
WILLDAN ENGINEERING
Patrick Johnson, PE, CBO
Director of Building and Safety
Patrick Johnson, PE, CBO
Director of Building and Safety
Willdan Engineering
650 E Hospitality Lane, Suite 400
San Bernardino, CA 92408
(909) 915-4361
[email protected]
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September 2, 2025
Table of Contents
B. Statement of Understanding............................................................................................ 1 C. Firm Profile and Qualifications ......................................................................................... 2 D. Key Personnel................................................................................................................... 7 E. Project Approach .............................................................................................................. 9 F. References...................................................................................................................... 11 G. Insurance and Liability Coverage ................................................................................... 12 H. Fee Proposal................................................................................................................... 12 I. Additional Information .................................................................................................... 13 Appendix
Résumés
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B . Statement of Understanding
It is Willdan’s understanding that the City of San Jacinto is seeking a qualified consulting firm to supplement the City’s Building and Safety Division with building inspection services Mondays and Thursdays as well as annual City staff vacation relief. We also understand that the schedule may increase to full-time coverage should the need arise. Our inspection staff will be available within 24- hours’ notice or sooner, accommodating for same-day requests as needed.
As stated in the City’s RFP, we confirm the following:
▪ Our assigned inspectors will provide on-site inspection services Mondays and Thursdays for up to eight (8) hours per day.
▪ Willdan will provide additional inspection coverage on an as-needed basis to cover approximately ninety (90) hours of planned staff absences. ▪ Willdan is also capable of providing on-call inspection services in the event of unplanned absences, such as sick leave or other unforeseen circumstances. ▪ The scope of work (as stated in the RFP) is strictly limited to field inspection services and does not include plan review, permit processing, or other administrative or building official functions.
Coordination with City Staff and Inspection Services
Willdan is committed to working as an extension of the City’s Building and Safety Division by ensuring seamless coordination, responsive scheduling, and exceptional customer service.
Daily Inspection Scheduling
We will work closely with City staff each day to align inspection assignments with permit activity, workload priorities, and community needs. Our inspectors will receive schedules electronically through the City’s permitting system (EnerGov IG or an agreed-upon method), ensuring transparency and real-time updates. This approach allows for efficient routing, reduced wait times, and clear communication with both City staff and customers.
Late and Same-Day Requests
We understand that construction activity often requires flexibility. Our team is structured to accommodate late or same-day inspection requests by maintaining capacity within the daily schedule and having qualified inspectors on standby when workload peaks occur. We will coordinate directly with City staff to evaluate and prioritize these requests, ensuring that essential inspections are completed without delaying construction progress.
Customer Service and Professionalism
Every interaction with the public, contractors, and design professionals reflects directly on the City.
Our inspectors are trained not only to enforce codes with accuracy, but also to provide courteous, respectful, and solution-oriented guidance. We emphasize clear communication, consistency in applying codes, and a service-minded approach that helps customers understand requirements while fostering positive relationships between the City and the building community.
Commitment to Collaboration
By combining efficient scheduling processes, flexible response to urgent requests, and professional, knowledgeable service delivery, our firm will support the City in maintaining both regulatory compliance and community trust.
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C . Firm Profile and Qualifications
COMPANY OVERVIEW
Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation.
Services are provided to nationwide clientele through three subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths. Throughout our 60- year history, Willdan has been a consistent industry leader providing all aspects of municipal, infrastructure, and transportation engineering; program management; financial consulting; municipal planning; environmental; energy-related services, along with a full complement of related disciplines. Dedicated to providing public agencies with reliable, quality, and cost-effective services, Willdan merges sound solutions with a solid respect for the fiscal responsibility faced by local agencies and the concerns of affected communities. This approach has proven responsive to the most challenging budget, schedule, and aesthetic requirements. It is a contributing factor to our industry reputation and our company growth.
Willdan addresses the varied demographics of our public agency clients through focused, specialized services offering solutions tailored to the unique goals and visions of each agency.
Unique to Willdan is our understanding of public agency needs and issues. Willdan's professionals often serve to extend our clients' staff in the capacity of planning directors, city engineers, and other public agency positions. Additionally, many provide the added value of having served in public agency management positions prior to joining Willdan. With this experience, expertise, knowledge, and resources, Willdan offers comprehensive solutions that are timely, cost effective, and tailored to meet the needs of individual communities.
The company has more than 1,700 employees,
including licensed engineers, program and
construction managers, financial analysts,
planners, and other skilled professionals,
operating out of 50+ offices located throughout
the United States. Willdan benefits from wellestablished relationships with local and state government agencies, investor-owned and
municipal utilities, and private sector
commercial and industrial firms throughout the
United States. We have supported the
implementation of community visions through
engineering, construction management,
inspection, planning, building safety, and staff augmentation services.
Willdan's corporate-wide capabilities include a full range of civil and structural engineering, land planning, financial and economic consulting, geology and geotechnical engineering, environmental health and safety, and energy efficiency solutions consulting services.
We provide professional services in all phases of municipal activities from project development, grant funding application assistance and administration, site analysis, and conceptual development to final design, construction management, observation, and project close-out.
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BUILDING AND SAFETY
Willdan’s experience and strength in building and safety encompasses the complete range of technical disciplines, including permit issuance, building inspection, grading inspection, accessibility inspection, CASp services, OSHPD III plan check and inspection, flood zone experience, building plan review, fire-life safety, building official services, code enforcement, and emergency safety assessment expertise. The inspection and plan review staff maintain current certifications and attend training on a regular basis, to stay current with industry technologies and standards.
Specific certifications and education are delineated in the staff section herein.
When it comes to serving the residents of a community, Willdan sees our role as that of facilitator and guide, helping a municipality’s customers in getting through the review, permitting, and inspection process, rather than leaving the applicant in a bind in obtaining or signing off permits, while ensuring development complies with building codes and municipal standards. We understand that the process of complying with the various codes, standards, regulations and laws can be a formidable and daunting undertaking—for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications, and the sometimes-competing interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the municipality will be as satisfied with the infrastructure on day one as 20 years from “day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to a municipality.
Our approach to service provision is based on responsiveness, cost-control measures, and practical training programs. We understand the importance of timely and efficient service delivery, and our team is committed to providing quick response times while maintaining cost-effectiveness. We prioritize effective training programs to ensure our staff possesses the necessary skills and knowledge to perform their duties to the highest standards.
Willdan is uniquely positioned to deliver high-quality Building and Safety Division services that exceed client expectations and ensure public safety. Our additional resources, availability, high-level oversight, and on-time performance set us apart from other providers. Our commitment to practical training programs and cost-control measures ensures that our services are always delivered to the highest standards.
Willdan’s engineering division spans the scope of building and safety services including:
▪ Building Official Services
▪ Inspection Services
▪ Permit Technician Services
▪ Plan Review Services
▪ Fire Protection Services
▪ Code Enforcement Services
ICC Preferred Provider – Willdan is recognized as an ICC Preferred Provider and our knowledgeable staff is available to provide training to jurisdictions as needed.
Building and Safety Services
Building Plan Review/Inspection
Fire Plan Review/Inspection
Grading and Right-of-Way Inspection
Landscape Plan Check/Inspection
Permit Technician
Construction Management
Code Enforcement
Building Official
Disaster Recovery Services
Development Permitting Process
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FIRM EXPERIENCE
The table below is a partial list of our Southern California active clients that Willdan is providing Building & Safety services for, including building inspection.
CLIENT
Building OfficialBuilding Plan ReviewBuilding InspectionPermit TechnicianCASp CITY OF BAKERSFIELD ▪
CIT OF BALDWIN PARK ▪
CITY OF BANNING ▪ ▪ ▪ ▪ ▪
CITY OF BEAUMONT ▪ ▪ ▪ ▪
CITY OF BELLFLOWER ▪ ▪ ▪ ▪ ▪
CITY OF BIG BEAR LAKE ▪ ▪ ▪ ▪
CITY OF BURBANK ▪
CITY OF COLTON ▪ ▪ ▪ ▪ ▪
CITY OF DANA POINT ▪
CITY OF DESERT HOT SPRINGS ▪ ▪
CITY OF DIAMOND BAR ▪
CITY OF DOWNEY ▪
CITY OF EASTVALE ▪ ▪ ▪
CITY OF EL SEGUNDO ▪ ▪
CITY OF FONTANA ▪ ▪ ▪
CITY OF FULLERTON ▪
CITY OF GARDEN GROVE ▪
CITY OF GLENDORA ▪
CITY OF GOLETA ▪ ▪ ▪ ▪ ▪
CITY OF GRAND TERRACE ▪ ▪ ▪ ▪
CITY OF HEMET ▪ ▪ ▪ ▪
CITY OF HERMOSA BEACH ▪ ▪ ▪ ▪ ▪
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CLIENT
Building OfficialBuilding Plan ReviewBuilding InspectionPermit TechnicianCASp
CITY OF INDIAN WELLS
▪▪▪
CITY OF LA PUENTE
▪▪▪▪
CITY OF LOMA LINDA
▪▪▪▪▪
CITY OF LONG BEACH
▪▪
CITY OF MONTCLAIR
▪
CITY OF MORENO VALLEY
▪▪▪
CITY OF NEEDLES
▪▪
CITY OF NORCO
▪▪
CITY OF ONTARIO
▪▪▪
CITY OF ORANGE
▪
CITY OF ORANGE COVE
▪
CITY OF PALM DESERT
▪▪
CITY OF PICO RIVERA
▪▪
CITY OF POMONA
▪
CITY OF RANCHO CORDOVA
▪▪
CITY OF RANCHO CUCAMONGA
▪▪▪
CITY OF RANCHO MIRAGE
▪
CITY OF REDLANDS
▪▪
CITY OF RIDGECREST
▪
CITY OF ROLLING HILLS
▪▪
CITY OF ROLLING HILLS ESTATES
▪▪▪
CITY OF SAN BERNARDINO
▪
CITY OF SANTA ANA
▪▪▪▪
CITY OF SANTA MONICA
▪▪
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CLIENT
Building OfficialBuilding Plan ReviewBuilding InspectionPermit TechnicianCASp
CITY OF SIERRA MADRE
▪
CITY OF THOUSAND OAKS
▪▪▪
CITY OF TUSTIN
▪▪
CITY OF UPLAND
▪
COUNTY OF LOS ANGELES
▪▪
COUNTY OF RIVERSIDE
▪▪▪▪
COUNTY OF SAN BERNARDINO
▪▪
CSU – VARIOUS CAMPUSES
▪
UC – VARIOUS CAMPUSES
▪▪
JURUPA VALLEY
▪▪
MORONGO BAND OF MISSION
INDIANS
▪▪▪
TOWN OF MAMMOTH LAKES
▪▪
SOBOBA TRIBE
▪
29 PALMS BAND OF MISSION
INDIANS
▪▪
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D. Key Personnel
STAFFING
We recognize that the City's departmental workload fluctuates. Willdan hires professionals in three categories – full-time, modified full-time, and part-time. Part-time staff may work up to 40 hours per week. Our inspectors are ICC certified, many maintaining numerous certifications. All services will be provided from our San Bernardino office, with additional resources employed company-wide as necessary. All proposed inspection staff are direct Willdan employees. No subcontractors will be utilized for these services. Résumés are located in the Appendix.
QUALITY ASSURANCE
To maintain and provide proper quality control, our inspection staff is provided with detailed check sheets for various items of work required to construct the project. Willdan’s inspectors are provided with the latest tools for checking and assessing the contractor’s work. The tool list includes tablets, smart levels, tape measures, cell phones, hard hats, safety vests, and other items. Inspection logs and reports are reviewed by the lead inspector and Project Manager on a weekly basis to ensure quality and timely inspections.
KEY PERSONNEL
Patrick Johnson is Director of Willdan’s Building and Safety Division. As the Principal-in-Charge, Patrick is responsible for overseeing all Community Development services company wide as well as providing structural and non-structural plan review. He has attended building & safety and seismic application seminars and has received his Master of Engineering degree, specializing in structures, from California State Polytechnic University. Patrick has served as a forensic engineer responsible for justifying probable causes of structural damage caused by expansive soils. He has also provided Building Official Services to a number of jurisdictions throughout California. Patrick will serve as Project Manager and will oversee services provided to the City. Estelle Cope ([email protected]/909.963.0571) will serve as contact for billing and contract administration purposes.
Name/Title Registrations/Certifications Service Provided Patrick Johnson, PE,
CBO
Director/Project
Manager
▪ Civil Engineer, California No. CE#67960
▪ Civil Engineer, Arizona No. 50435
▪ Civil Engineer, Colorado No. 43704
▪ ICC Plans Examiner
▪ ICC Building Inspector
▪ ICC Building Official
Director of Building & Safety
Project Management
Danny Crawford,
CASp, CBO
Sr Building Inspector,
CASp Specialist
▪ CASp Certified
▪ ICC Plans Examiner
▪ ICC Commercial Building Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Electrical Inspector
CASp Specialist/Building Inspector:
Multi-story office buildings, commercial
buildings, retail outlets, single-family,
medical facilities, educational facilities
and multi-family residential
developments. Construction-related
accessibility and ADA compliance.
Dan Chudy, CBO,
CASp
Sr Building Inspector,
CASp Specialist
▪ CASp Certified
▪ ICC Building Official
▪ ICC Plumbing Inspector
▪ ICC Combination Inspector
▪ ICC Building Inspector
▪ ICC Mechanical Inspector
▪ ICC Electrical Inspector
CASp Specialist/Building Inspector:
Multi-story office buildings, commercial
buildings, retail outlets, single-family,
medical facilities, educational facilities
and multi-family residential
developments. Construction-related
accessibility and ADA compliance.
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Name/Title Registrations/Certifications Service Provided Steve Nickles
Sr Building Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Plumbing Inspector
▪ ICC Residential Mechanical Inspector
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.
Alan Ryzner
Sr Building Inspector
▪ ICC Building Inspector
▪ ICC Plumbing Inspector
▪ ICC Mechanical Inspector
▪ ICC Electrical Inspector
▪ ICC Combination Inspector
Building Inspection: Multistory office buildings,
commercial buildings, retail
outlets, single-family, medical
facilities, educational facilities
and multi-family residential
developments.
Allen Elkins
Sr Building Inspector
▪ ICC Combination Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Energy Inspector/Plans
Examiner
▪ ICC Building Plans Examiner
▪ ICC Residential Mechanical Inspector
▪ ICC Accessibility Inspector/Plans
Examiner
▪ ICC Commercial Electrical Inspector
▪ ICC Residential Electrical Inspector
▪ ICC Residential Plumbing Inspector
▪ ICC Commercial Building Inspector
▪ ICC Certified Building Official
▪ ICC Commercial Plumbing Inspector
▪ ICC Commercial ICC Combination
Inspector
▪ Safety Assessment Program
Building Inspection: Multi-story
office buildings, commercial
buildings, retail outlets, singlefamily, medical facilities, educational facilities and multifamily residential developments.
Darin Wilcox
Sr Building Inspector
▪ ICC Residential Combination Inspector
▪ Safety Assessment Program
Building Inspection: Multi-story
office buildings, commercial
buildings, retail outlets, singlefamily, medical facilities, educational facilities and multifamily residential developments.
Roy Arias
Sr Building
Inspector
▪ ICC Building Inspector
▪ ICC Residential Electrical Inspector
▪ ICC Mechanical Inspector
▪ ICC Plumbing Inspector
Building Inspection: Multi-story
office buildings, commercial
buildings, retail outlets, singlefamily, medical facilities, educational facilities and multifamily residential developments.
Richard LaNier
Sr Building
Inspector
▪ ICC Residential Building Inspector Building Inspection: Multi-story office buildings, commercial
buildings, retail outlets, singlefamily, medical facilities, educational facilities and multifamily residential developments.
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E. Project Approach
BUILDING INSPECTION
Our inspectors are ICC certified and fully experienced performing residential, commercial and industrial inspections for compliance to the approved plans and related documents. The inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.
Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.
Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.
Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system. We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers, and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.
Our inspection staff are supplied with cell phones and laptops and/or iPads for email communication and document creation and record keeping. Our staff is familiar with a variety of permitting software including EnerGov.
Prior to commencing services with the City, Willdan will meet with the City’s Senior Building Inspector and Community Development Manager to establish clear lines of communication and define the most efficient procedures for coordinating daily inspections. Our approach is collaborative and tailored to align with the City’s existing processes, ensuring a smooth integration of our services. Typically, we anticipate that inspection requests and schedules will be available after 4:00 p.m. for the following business day. This advance notice will enable our lead inspector to review the schedule, assess workload requirements, and assign the appropriate number of inspectors to meet the City’s needs.
We also recognize that construction activity does not always conform to a set schedule, and lastminute or same-day inspection requests may arise. In such cases, Willdan is committed to providing responsive, flexible service. Our team will make every effort to accommodate late requests within one hour of notification, and often sooner, depending on location and workload. This commitment reflects not only our efficiency but also our dedication to supporting the City, the development community, and the public with courteous, knowledgeable, and reliable service.
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Willdan’s inspection staff place a strong emphasis on staying current with all building code amendments and changes. Our team actively participates in continuing education by attending technical seminars and certification courses. In addition, we regularly conduct internal round-table discussions where inspectors share insights and best practices with one another, ensuring a consistent and comprehensive understanding of the codes across our team. This collaborative approach is particularly valuable during periods of transition, such as the adoption of new codes. For example, in preparation for the upcoming 2025 California Building Code adoptions, our inspectors are attending specialized seminars focused on the most significant changes, allowing them to be fully prepared to implement and enforce the new standards upon adoption.
Through a combination of ongoing training, proactive coordination, and responsive scheduling, Willdan is confident in our ability to provide high-quality inspection services that support the City’s goals of safety, compliance, and customer service excellence.
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F. References
All of the cities identified above — with the exception of Indian Wells and Riverside County — utilize EnerGov as their permitting software. As a result, our Building and Safety staff have developed a strong familiarity with the system and its full range of applications. Our team is proficient in navigating EnerGov for scheduling, conducting, and documenting inspections, as well as entering results. This experience allows us to seamlessly integrate with City processes, ensure accurate and timely reporting, and minimize the learning curve for both City and Willdan staff.
CLIENT CONTACT DATES SERVICE
PROVIDED
City of Beaumont
550 E Sixth St
Beaumont, CA 92223
Sara Retmier
Building Official
951.769.8517
[email protected]
2011 –
Present
▪ Building Plan
Check
▪ Building
Inspection
▪ Code
Enforcement
City of Banning
99 E Ramsey St
Banning CA 92220
Kristine Gutierrez
Operations Manager
Community Development
951.922.3175
[email protected]
2006 –
Present
▪ Building Official
▪ Building Plan
Check
▪ Building
Inspection
▪ Permit Technician
City of Hemet
445 E Florida
Hemet, CA 92543
Javier Nolasco
Building Official
951.765.2480
[email protected]
2022 –
Present
▪ Building Plan
Check
▪ Building
Inspection
▪ Permit Technician
City of Indian Wells
44-950 El Dorado
Indian Wells, CA 92210
Wes Remaklus
Building Official
760.776.0230
[email protected]
2015 –
Present
▪ Building Plan
Check
▪ Building
Inspection
County of Riverside
4080 Lemon St
Riverside, CA 92502
Selvana Guirguis, CBO, CFM
Deputy Building Official
951.955.1871
[email protected]
▪ Building Plan
Check
▪ Building
Inspection
▪ Permit Technician
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G. Insurance and Liability
Willdan has reviewed the City’s Professional Services Agreement and insurance requirements and can meet all requirements as outlined therein.
H. Fee Proposal
Mileage for inspections will be billed at the current IRS Standard Mileage Rate.
SERVICE PROVIDED HOURLY RATE
Sr. Building Inspector $115
Building Inspector $105
CASp Services $135
Over-time (after hours, weekends,
emergencies)
1.5 x hourly rate
ADDTITIONAL SERVICES
Plan Check Engineer/Architect $145
ICC Certified Plans Examiner $125
Sr. Permit Technician $ 85
Permit Technician $ 75
Rates will not increase through December 31, 2026. If the Agreement is extended beyond June 30, 2026, Willdan may reserve the right to increase rates once per year to the value between the 12- month % change of the Consumer Price Index for Riverside County area and five percent.
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I. Additional Information
QUALITY ASSURANCE
Our inspection staff is equipped with advanced tools and technology designed to enhance accuracy and efficiency in the field. This includes laptop computers for real-time documentation and report generation, smart levels for precise measurements, digital tape measures, mobile communication devices, and the full complement of required safety equipment, including hard hats, safety vests, and protective gear. These resources allow our inspectors to assess compliance with project specifications quickly and effectively while maintaining the highest standards of safety and professionalism.
Quality assurance does not end in the field. All inspection logs and reports are collected and subjected to a structured review process. The Lead Inspector and Project Manager conduct biweekly evaluations of inspection records to verify accuracy, identify trends, and ensure inspections are both timely and complete. This regular oversight provides an additional layer of accountability and allows for early identification and correction of potential issues before they impact the project schedule or budget.
In situations where deficiencies in the approved plans are identified during construction, Willdan implements a defined corrective action protocol. First, our inspectors conduct a detailed assessment of the discrepancy, documenting field conditions and potential impacts. The findings are then elevated to the jurisdiction’s Building Official (in this case, the City’s Senior Building Inspector), for review and consultation. Together, we develop recommended solutions, which may involve design clarifications, construction modifications, or process adjustments.
This structured approach—combining detailed field documentation, advanced inspection tools, multi-level review, and proactive corrective action—ensures not only compliance with codes and project requirements, but also the continuous improvement of inspection (and possibly plan review processes) across the jurisdiction.
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Appendix
Résumés
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Packet Pg. 441 Attachment: Willdan Proposal (Award of Contract for Building & Safety Inspection Services to Willdan Engineering) September 16, 2025
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Reappointment of Planning Commissioners Corinne Awad, Michelle Peterson, and Taurus Jones
RECOMMENDATION:
Staff recommends that the City Council reappoint Commissioners Corinne Awad, Michelle Peterson, and Taurus Jones to the San Jacinto Planning Commission for a four-year term commencing November 1, 2025, through October 31, 2029.
DISCUSSION:
The San Jacinto Planning Commission (“Commission”) plays a vital role in shaping the community’s future by guiding and regulating development, land use, and zoning within the City. Depending on the matter before it, the Commission serves in both an advisory and approval authority capacity.
The Commission consists of five San Jacinto residents appointed by the City Council to alternating four-year terms. Its authority is vested in California Government Code and the City of San Jacinto Municipal Code (Chapters 2 and 17).
Government Code §65100 requires that each city and county establish a Local Planning Agency.
In San Jacinto, the Planning Commission is designated as the Planning Agency and as the Advisory Agency, when required or authorized.
The San Jacinto Planning Commission was established by Ordinance 251 on November 27, 1945, and has been amended multiple times over the years to reflect changes in state law and local planning needs. Chapter 17.700 of the Development Code outlines the Commission’s duties, including:
1. Reviewing development projects, including referrals from the Director.
2. Hearing appeals from the Director’s decisions.
3. Recommending to the City Council final action on development agreements, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, and related environmental documents.
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4. Carrying out the above responsibilities in compliance with Table 6-1 (Review Authority), Article 6 (Permit Procedures), and the California Environmental Quality Act (CEQA).
Beyond its statutory responsibilities, the Commission serves as a bridge between the City and the community. Public hearings conducted by the Commission provide a forum for residents, business owners, and stakeholders to express concerns and ideas, fostering transparency and ensuring that community input informs decision-making.
The terms for Commissioners Michelle Peterson, Taurus Jones, and Corinne Awad expire on October 31, 2025. Each has expressed interest in continuing service, and staff recommends their reappointment for an additional four-year term. Commissioners John Gagnepain and Patricia Scott are the remaining commissioners and their terms expire on October 31, 2027.
COMMISSION PROJECTS AND POLICY ACTIONS:
Over the past four years, the Planning Commission has deliberated on a wide variety of projects and policy initiatives that have shaped the City’s growth and future direction. Key areas of work include:
General Plan & Development Code Updates
The Commission advanced Envision San Jacinto – General Plan 2040, the City’s comprehensive update to long-range land use, housing, circulation, and community development goals. The Commission also reviewed and recommended adoption of numerous Development Code amendments to ensure consistency with State housing mandates, emerging land use trends, and best practices. Updates addressed topics such as accessory dwelling units, parking standards, residential and commercial zoning, fences and walls, subdivision requirements, and design review procedures. In addition, the Commission reviewed the 6th Cycle Housing Element (2021–2029), a critical State-mandated plan demonstrating how San Jacinto will accommodate its Regional Housing Needs Allocation (RHNA).
Residential Development
The Commission considered several major subdivision maps representing hundreds of new single-family homes. Notable projects included Tentative Tract Map 38107 (Sunterra – 215 lots), Tentative Tract Map 37881 (Rancho De Alamo – 191 lots), Tentative Tract Map 38468 (Lyon Street – 153 lots), Tentative Tract Map 38872 (Passco Pacifica – 249 lots), Tentative Tract Map 38509 (Monte Vista Homes – 27 lots), Tentative Tract Map 38066 (206 lots), Tentative Tract Map 38202 (Rockland Land Co. – 181 lots), and Tentative Tract Map 38203 (Jab Mill Creek – 424 lots). These projects expanded the City’s housing supply, integrated new parks and open spaces, and ensured the inclusion of infrastructure such as drainage basins and roadway improvements.
Commercial Development
The Commission reviewed and approved several major commercial projects that have expanded San Jacinto’s retail and service offerings. Key approvals included the fueling station at the
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Walmart center, a 16-pump service station with kiosk that enhanced convenience at the City’s largest retail anchor, and the 55,026-square-foot Vallarta Supermarket with an additional 12,000- square-foot retail building, a transformative project that brings a full-service grocery store and new shopping opportunities to the community. The Commission also acted on smaller-scale commercial proposals such as the SJ Retail Center which includes a Service Station with a Convenience Store and Carwash, ensuring balanced growth across the City’s commercial corridors. Collectively, these projects have attracted new investment, created jobs, and broadened the range of shopping and service options available to residents.
Institutional & Community Projects
The Commission considered several Conditional Use Permits for facilities that broaden community services and amenities. These included approvals for Renaissance Valley Academy and San Jacinto Valley Academy, providing expanded educational opportunities; and assembly and worship facilities, which contribute to community cohesion. The Commission carefully evaluated land use compatibility, traffic circulation, and neighborhood integration to ensure these projects supported broader community needs.
CONCLUSION:
The Planning Commission’s extensive work over the past four years underscores its central role in shaping San Jacinto’s future. Commissioners Peterson, Jones, and Awad have each demonstrated a strong commitment to public service, applying sound judgment and community perspective in evaluating complex projects and policy issues. Their deliberations have guided the City through some of its most consequential planning efforts, including the adoption of Envision San Jacinto – General Plan 2040, the 6th Cycle Housing Element, and numerous Development Code amendments to align local regulations with State law and modern planning practices.
In addition to policy-level direction, the Commission has overseen a wide range of residential subdivisions, commercial developments, and institutional projects that have reshaped the City’s landscape and created new opportunities for residents and businesses. Their work has consistently balanced the need for growth with the protection of neighborhood character, infrastructure capacity, and community quality of life.
Reappointing Commissioners Peterson, Jones, and Awad will preserve valuable institutional knowledge at a time when the City is continuing to implement its new General Plan, respond to State housing mandates, and manage significant private development interest. Their experience provides stability and continuity that will benefit both the City Council and the community as San Jacinto navigates the next phase of growth and long-term prosperity.
FISCAL IMPACT:
There is no fiscal impact associated with this request.
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