Agenda packet — San Jacinto City Council, March 3, 2026 (part 1 of 3)

AGENDA

CITY COUNCIL - REGULAR MEETING
TUESDAY, MARCH 3, 2026
6:30 PM OPEN SESSION

COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
City of San Jacinto Page 1 Updated 2/26/2026 5:31 PM

CRYSTAL RUIZ, MAYOR

CLARISA SANCHEZ, MAYOR PRO TEM

PHIL AYALA, COUNCILMEMBER

VALERIE VANDEVER, COUNCILMEMBER

ALONSO LEDEZMA, COUNCILMEMBER
The City Council meeting may be observed virtually by joining the link on the City’s website at https://vimeo.com/user115670369 or in person at the San Jacinto Community Center.

Public Comments will only be accepted in person during the meeting or in writing to the City Clerk no later than 3:00 PM on the day of the meeting. Participants viewing the Livestream will not have a comment option.

Written public comments may only be submitted via email to [email protected] or by hard copy to the Office of the City Clerk at 595 S. San Jacinto Ave., San Jacinto, CA 92583, no later than 3:00 p.m. on the day of the meeting. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted. Please identify the agenda item number and “PUBLIC COMMENT” in the subject line of the email or hard copy document. All written correspondence received by the 3:00 p.m. deadline will be distributed to the legislative body prior to the meeting and retained with the official meeting record. All email comments shall be subject to the same rules as would otherwise govern in-person speaker comments at the Council meeting.

Reading of Public Comments: The City Clerk will read all email comments, provided that the reading shall not exceed three (3) minutes or such other time as the Council may provide, consistent with the time limit for speakers at a Council meeting. The email comments submitted shall become part of the record of the Council meeting.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk at 951-487-7330 ext. 339. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].

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1. ORGANIZATION

1.1. Roll Call

1.2. Invocation

1.3. Pledge of Allegiance

1.4. Special Presentation

1.4.1. Women's History Month Proclamation

1.5. Mayor/Council Member Reports

1.6. Late Items

2. PUBLIC COMMENTS

3. CONSENT CALENDARS

3.A. Consent Calendar - City Council

3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only

3.A.2. Minutes of the Regular City Council Meeting of February 17, 2026 RECOMMENDATION:

Staff recommends that the City Council approve the City Council Regular Meeting Minutes of February 17, 2026.

Department: City Clerk

3.A.3. Lake Park Well Rehabilitation - Patch Casing
RECOMMENDATION:

Staff recommends that the City Council:

1. Appropriate $241,566 from the Water Enterprise Reserve Fund (052) to Fund 050-9000-450.33-30 for FY 25/26;

2. Award the construction contract for the Repair and Testing of the Lake Park Well to Well Tec Services, Inc. in the amount of $199,650 plus a 10% contingency of $19,965 for a total of $219,615;

3. Award a Professional Services Agreement to Kyle Groundwater for hydrogeologic construction management and well rehabilitation support services in the amount of $21,951;
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4. Determine the proposed project is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) Sections 15061(b)(2) in that the proposed project is categorically exempt from environmental review pursuant to CEQA Guidelines Sections 15301, 15302 and Section 15061 (b)(3) - Common Sense Exemption in that it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment;

5. Reject all other bids and;

6. Authorize the City Manager to execute all contract documents.

Department: Water

3.A.4. AB 1632 (Johnson) Support Letter
RECOMMENDATION:

Staff recommends that the City Council approve the support letter for AB 1632 (Johnson).

Department: City Clerk

4. DISCUSSION ITEM

4.1. Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06- 145)
RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. Approve the plans and specifications for the Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145);

2. Award the construction contract to the lowest responsible bidder submitting a responsive bid, Granite Construction Company, for the sum of $8,083,808;

3. Allocate 10% ($808,381) of total bid for construction contingencies;

4. Allocate 8.66% ($700,000) of total bid for construction administration, inspection, and testing; and

5. Authorize the City Manager to execute the construction contract.

Department: Engineering

5. FUTURE REQUESTS FROM CITY COUNCIL TO CITY MANAGER

6. ADJOURNMENT
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DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S. San Jacinto Avenue, San Jacinto, CA 92583.

I, Jill Theriot, Deputy City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 26th day of February 2026 as requested by law.

Jill Theriot, Deputy City Clerk
March 3, 2026
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Women's History Month Proclamation
ATTACHMENTS:

Women's History Month 2026

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Proclamation
Of The City of San Jacinto
Women’s History Month
WHEREAS, the City of San Jacinto recognizes the month of March as Women’s History Month, established in 1987 by Congress to celebrate the contributions American women have made to strengthen and lead the nation since its inception; and WHEREAS, Women’s History Month honors women of every race, status, and ethnicity who have challenged the social and legal structures that have kept women’s labor underappreciated and underrepresented throughout history to establish an equal role for women, ensuring the appreciation and value of equitable labor for future generations; and
WHEREAS, American women have been leaders not only in securing their own rights of suffrage and equal opportunity but also at the forefront of every major progressive social change movement in history, paving the way for future generations to enjoy the unalienable rights, duties, and responsibilities afforded equally to all citizens of the United States of America; and
WHEREAS, each woman is extraordinary in her own way, proving that women working inside the home or outside in academia, science, technology, business, labor, governance, and more maintain a critical role in every sphere of society; and WHEREAS, the City of San Jacinto proudly acknowledges the leadership and contributions of its three women council members, Crystal Ruiz, Clarisa Sanchez, and Valerie Vandever, who continue to inspire and empower others through their service, dedication, and commitment to bettering our community.

NOW THEREFORE, the San Jacinto City Council does hereby recognize March 2026 as Women’s History Month to honor women everywhere for their outstanding achievements and invaluable contributions to society.

Crystal Ruiz, Mayor
Valerie Vandever, Councilmember Alonso Ledezma, Councilmember Clarisa Sanchez Phil Ayala, Councilmember , Mayor Pro Tem

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Attachment: Women's History Month 2026 (Women's History Month Proclamation) March 3, 2026
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Regular Meeting Minutes of February 17, 2026
RECOMMENDATION:

Staff recommends that the City Council approve the City Council Regular Meeting Minutes of February 17, 2026.

ATTACHMENTS:

February 17, 2026 City Council Regular Meeting Minutes

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City Council Regular Meeting Action Minutes February 17, 2026

CRYSTAL RUIZ, MAYOR

CLARISA SANCHEZ, MAYOR PRO TEM

PHIL AYALA, COUNCILMEMBER

VALERIE VANDEVER, COUNCILMEMBER

ALONSO LEDEZMA, COUNCILMEMBER

ACTION MINUTES

REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL
TUESDAY, FEBRUARY 17, 2026
6:30 PM OPEN SESSION
LIVE STREAM LINK: https://vimeo.com/user115670369

COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330

1. ORGANIZATION
Mayor Crystal Ruiz called the meeting to order at 6:30 p.m.

1.1. Roll Call
Deputy City Clerk Jill Theriot conducted the roll call:

Present: Mayor Crystal Ruiz, Mayor Pro Tem Clarisa Sanchez, Councilmember Valerie Vandever, Councilmember Alonso Ledezma

Absent: Councilmember Phil Ayala
M/S/C (Vandever/Sanchez) to approve the absence of Councilmember Ayala. Motion carried 4/0.

Ayes: Sanchez, Vandever, Ledezma, Ruiz
Nays: None

Absent: Ayala
Abstain: None

1.2. Invocation
Councilmember Vandever gave the invocation.

1.3. Pledge of Allegiance
Councilmember Ledezma led the Pledge of Allegiance.

1.4. Special Presentations

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Attachment: February 17, 2026 City Council Regular Meeting Minutes (Regular Meeting Minutes of February 17, 2026)

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City Council Regular Meeting Action Minutes February 17, 2026

1.4.1. Employee of the Month Recognition for January

1.4.2. Nominator of the Month Recognition for January

1.4.3. Rev. Lowell Thomas, Senior Pastor, Lighthouse Church

1.4.4. Darnae Wynn, NFC Ambassador & Community Fitness Leader

1.4.5. Nalaisha Burnett, Board Vice-President, Trustee Area #5

1.4.6. Aree Williams Jr. Proclamation

1.5. Mayor/Council Member Reports
Councilmembers provided their reports

1.6. Late Items
There were no late items.

2. PUBLIC COMMENTS
There were two (2) public comments:
• Dr. Stephanie Bruce
• Marianne Derouin

3. CONSENT CALENDAR

3.A. Consent Calendar - City Council

3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only

3.A.2. Minutes of the Regular City Council Meeting of February 3, 2026/City Clerk/Approved

3.A.3. Warrants and Disbursement – January 2026/Finance/Approved

3.A.4. Treasurer’s Report at November 30, 2025/Finance/Approved

3.A.5. Treasurer’s Report at December 31, 2025/Finance/Approved

3.A.6. FY 2024-25 Development Impact Fee Report/Finance/Approved

3.A.7. Continuing Appropriations FY 2025-26/Finance/Approved M/S/C (Ledezma/Sanchez) moved to approve the consent calendar. Motion carried 4/0.

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Attachment: February 17, 2026 City Council Regular Meeting Minutes (Regular Meeting Minutes of February 17, 2026)

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City Council Regular Meeting Action Minutes February 17, 2026 Ayes: Vandever, Ledezma, Sanchez, Ruiz
Nays: None

Absent: Ayala
Abstain: None

4. DISCUSSION ITEMS

4.1. International Council of Shopping Centers (ICSC) 2026 Economic Development and Special Projects Administrator Tara Magner presented the staff report.

M/S/C (Ruiz/Vandever) moved to approve the mayor’s appointment and authorize travel requests for four council members to attend the International Council of Shopping Centers (ICSC) Real Estate Convention (RECON), Las Vegas, on May 18- 20, 2026. Motion carried 4/0.

Ayes: Sanchez, Vandever, Ledezma, Ruiz
Nays: None

Absent: Ayala
Abstain: None

5. CITY MANAGER UPDATE

6. FUTURE REQUESTS FROM CITY COUNCIL TO CITY MANAGER

7. ADJOURNMENT
With no further business before the City Council, Mayor Ruiz adjourned the meeting at 7:42 p.m. in honor of the passing of Isaia Fa’alafua.

CITY OF SAN JACINTO:
____________________________
Crystal Ruiz, Mayor
ATTEST:
____________________________
Jill Theriot, Deputy City Clerk

Approved as read:

Approved as amended:

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Attachment: February 17, 2026 City Council Regular Meeting Minutes (Regular Meeting Minutes of February 17, 2026) March 3, 2026
TO: City Council
REQUESTED BY: Mathew Osborn, Superintendent
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Lake Park Well Rehabilitation - Patch Casing
RECOMMENDATION:

Staff recommends that the City Council:

1. Appropriate $241,566 from the Water Enterprise Reserve Fund (052) to Fund 050-9000- 450.33-30 for FY 25/26;

2. Award the construction contract for the Repair and Testing of the Lake Park Well to Well Tec Services, Inc. in the amount of $199,650 plus a 10% contingency of $19,965 for a total of $219,615;

3. Award a Professional Services Agreement to Kyle Groundwater for hydrogeologic construction management and well rehabilitation support services in the amount of $21,951;

5. Reject all other bids and;

6. Authorize the City Manager to execute all contract documents.

DISCUSSION:

Lake Park Well is one of the City’s highest-producing groundwater sources and plays a key role in maintaining system reliability and operational flexibility, especially during peak demand and when other facilities are offline. Recent inspections identified deteriorated casing sections that require rehabilitation to protect the long-term integrity of the well and maintain reliable production. The proposed work includes removal and reinstallation of pumping equipment, mechanical brushing of the casing, installation of steel casing patches, downhole video inspections, disinfection, and startup testing.

Due to the specialized nature of well rehabilitation, staff conducted a formal competitive procurement process consistent with the Uniform Public Construction Cost Accounting Act (CUPCCAA). The project was publicly advertised on PlanetBids for thirty (30) days and

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distributed to trade journals and the Press Enterprise to ensure broad contractor outreach. 21 vendors were identified as Prospective Bidders and three bids were received.

Contractor Proposal
Well Tec Service Inc. $199,650
Layne Christensen Company $380,512
General Pump Company $499,500
After review of pricing, responsiveness, and contractor qualifications, Well Tec Services, Inc. was determined to be the lowest responsive and responsible bidder with a total bid of $199,650.

Staff verified that the bid reflects competitive market pricing for similar rehabilitation work and recommends award.

Because well rehabilitation involves technical downhole work that directly affects long-term performance, staff also solicited proposals using the informal procurement process for hydrogeologic construction management support. Independent oversight during brushing, casing repair, and testing helps ensure work is completed correctly and reduces the risk of future operational issues. Three proposals were received.

Contractor Proposal
Kyle Groundwater $21,951
Kleinfelder $29,011
Dudek $31,573
After review Kyle Groundwater was identified as the lowest-cost qualified firm with a total bid of $21,951. The scope includes construction coordination, field observation during critical phases, technical review, and preparation of a final summary memorandum documenting the rehabilitation results.

Completing this work is necessary to address known casing deficiencies that currently limit the operation of the well and pose a risk of further damage if the facility continues to run under existing conditions. The competitive bidding process resulted in favorable pricing, and staff recommends awarding the contracts to Well Tec Services, Inc., and Kyle Groundwater, as the most cost-effective and operationally responsible approach to restoring this critical groundwater asset to reliable service.

ENVIRONMENTAL REVIEW:

The proposed project consists of rehabilitation and repair of the existing Lake Park Well, including removal and reinstallation of pumping equipment, mechanical brushing of the well casing, installation of steel casing patches, downhole video inspection, disinfection, and startup testing. No expansion of capacity, change in use, modification of the well site footprint, or

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increase in production beyond currently permitted levels is proposed. All work will occur within the existing well structure and previously disturbed site.

The project is exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), which applies to the repair, maintenance, or minor alteration of existing public facilities involving negligible or no expansion of existing use.

The project also qualifies under Section 15302 (Replacement or Reconstruction), as the work involves rehabilitation and partial replacement of deteriorated well casing components within an existing structure serving substantially the same purpose and capacity.

In addition, the project qualifies under the common sense exemption pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the proposed activity may have a significant effect on the environment. The work is limited to maintenance and rehabilitation of existing infrastructure within a developed site and will not result in physical expansion, increased groundwater extraction beyond established operational limits, or new environmental impacts.

Accordingly, the project is not subject to further environmental review under CEQA.

FISCAL IMPACT:

Funding for the Lake Park Well rehabilitation project, including both construction and hydrogeologic construction management services, requires an additional appropriation to Fund 050-9000-450.33-30 for FY25/26 from the Water Enterprise Reserve Fund (Fund 052). The total project cost is $241,566. The project will have no impact on the general fund.

ATTACHMENTS:

Bid Result (PlanetBids)
Well Tec Services Estimate for Lake Park
Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft Proposals for Construction Management for Lake Park Well Rehabilitation Professional Services Agreement - KYLE Groundwater

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CITY OF SAN JACINTO
Bid Results for Project Repair and Testing of the Lake Park Well (SJ-PU-26-001) Issued on 01/26/2026
Bid Due on February 23, 2026 1:00 PM (PST)
Exported on 02/23/2026
Line Totals (Unit Price * Quantity)
Item # Section Item Code Description Unit of Measure Qty Well Tec Services Inc Layne Christensen Company General Pump Company 1 Bid Schedule A101 Mobilization, demobilization, site clean-up, and site restoration. * LS 1 $25,000.00 $66,372.29 $100,000.00 2 Bid Schedule A102 Remove existing well pump, motor, column, line-shaft, and ancillary equipment. LS 1 $22,000.00 $42,457.83 $40,000.00 3 Bid Schedule A103 Perform mechanical cleaning of previously patched casing sections. HR 2 $1,000.00 $1,672.28 $15,000.00 4 Bid Schedule A104 Provide dual-cam downhole video survey of previously patched sections of casing. LS 1 $1,800.00 $1,445.78 $2,500.00 5 Bid Schedule A105 Install 18-inch 12-guage steel casing patches. FT 22 $59,999.94 $49,566.22 $132,000.00 6 Bid Schedule A106 Provide post-repair dual-cam downhole video survey. LS 1 $1,800.00 $1,445.78 $2,500.00 7 Bid Schedule A107 Provide, install, and remove development test pump and motor. LS 1 $34,000.06 $116,145.78 $114,000.00 8 Bid Schedule A108 Provide dynamic dual-cam downhole video survey. LS 1 $1,800.00 $7,646.99 $3,500.00 9 Bid Schedule A109 Provide well disinfection. LS 1 $22,000.00 $42,016.87 $45,000.00 10 Bid Schedule A110 Reinstall existing pumping equipment and perform startup testing, including bac-t. LS 1 $30,250.00 $51,742.17 $45,000.00 $199,650.00 $380,511.99 $499,500.00
Total Cost $199,650.00 $380,511.99 $499,500.00

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Attachment: Bid Result (PlanetBids) (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-1 00 41 43 – BID FORMS 00 41 43 – BID FORMS
BID
Bids will be received on www.planetbids.com , until Error! Reference source not found. on Error! Reference source not found. 23rd 2026 .

Repair And Testing Of The Lake Park Well
NAME OF BIDDER: ______________________________________________ To the City of San Jacinto, with its principal place of business at: 595 S. San Jacinto Ave, San Jacinto, CA 92583
A. In response to the Notice Inviting Bids and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of bids, or until a Contract is executed by the City and a third party, whichever is earlier.

C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) calendar days after date of receipt of Notice of Award, a signed Contract and the necessary performance bond, payment bond, and certificates of insurance and endorsements.

E. The following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Bid Schedule

2. Bid security in the amount of not less than 10% of the Total Bid Price.

3. Completed Designation of Subcontractors form.

4. Fully executed Noncollusion Declaration form.

5. Completed Iran Contracting Act Certification form.

6. Completed Public Works Contractor DIR Registration Certification form.

7. Completed Contractor’s Certificate Regarding Workers’ Compensation form.

8. Completed Bidder Information and Experience form.

9. Completed Executive Order N-22 Certification form.

Well Tec Services

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-2 00 41 43 – BID FORMS

10. Completed Fleet Compliance Certification form.

F. Bidder is an ◯ individual, or ◯ corporation, or ◯ partnership, organized under the laws of the State of _______________________________.

G. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

License number
Expiration date
License classification

1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

Member No. 1
Name
License number
Expiration date
License classification
Member No. 2
Name
License number
Expiration date
License classification
(If there are more than two members of the joint venture, attach a page for the additional member(s) with the above information.)
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. ________________________________________________ 802369
08/31/2026
C57, A, B, C-8
California

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-3 00 41 43 – BID FORMS [SIGNATURE ON NEXT PAGE]

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-4 00 41 43 – BID FORMS I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

BIDDER: Bidder's Business Address:

(Company Name)

By
(Signature)
___________________________________
(Type or print name) (Phone Number)
___________________________________
(Title) (Email Address)
(Where signed) (City, State)
(corporate seal)
Dated: , 20
State of Incorporation:

Names and addresses of all partners or joint venturers:

Statement of the authority of signatory to bind Bidder:

Well Tec Services 531 Edgar Ave Beaumont CA 92223
Mike Rentz 909-754-7020
President [email protected]
Beaumont, CA
February 20 26
California

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-5 00 41 43 – BID FORMS The costs for any work shown or required in the Contract Documents, but not specifically identified as a bid line item are to be included in the related bid line items and no additional compensation shall be due to Contractor for the performance of the work.

All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the Bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.

The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify alternate bid items, the City can choose to include any, all, or none of the alternate bid items in the Work. If the City selects any of the alternate bid items, the corresponding alternate bid prices shall be added to or deducted from Base Bid Price for the work.

The City can award/select alternate bid items at any time(s).

TOTAL AMOUNT BASE BID IN WORDS:___________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ List of Addenda Received: _______________________________________________________ Name of Bidder:

Signature:

Name and Title:

Dated:

Well Tec Services
Mike Rentz, President
February 20, 2026
One hundred ninety-nine thousand six hundred fifty dollars and zero cents.

N/A

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing)

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing)

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing)

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing)

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-9 00 41 43 – BID FORMS

DESIGNATION OF SUBCONTRACTORS
The subcontractor listed below will perform work or labor or render service to the successful Bidder in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the successful Bidder, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (1/2 of 1%) of the Bidder’s total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
25% Swage Kings Fresno, CA 1003102 2000014687

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-10 00 41 43 – BID FORMS Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
Well Tec Services
Mike Rentz, President
February 20, 2026

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-11 00 41 43 – BID FORMS

BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Telephone Number
_____________________________________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
Well Tec Services
531 Edgar Ave Beaumont CA 92223
909-754-7020
[email protected]
25 years
25 years
N/A
California
Mike Rentz
S Corporation
December 18, 2001
Larry Lawrence
Mike Rentz
Mike Rentz

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-12 00 41 43 – BID FORMS

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________ December 18, 2001
N/A
N/A
N/A
Well drilling, pump services and maintenance
No
No

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-13 00 41 43 – BID FORMS

13.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

14.0 List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Primo Brands (formerly Nestle Waters)
Fontana Water Company/ San Gabriel Water Company
San Bernardino County
Cucamonga Valley Water District
Citi Bank 777 Beaumont Ave Beaumont, CA 92223
Federated Insurance 5701 W Talavi Blvd Suite 200 Glendale, AZ 85306

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-14 00 41 43 – BID FORMS B. LIST OF CURRENT PROJECTS (BACKLOG)
[Duplicate page if needed for listing additional current projects.] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
South Rancho
San Manuel
Rod Garton
Pump & booster
station & pipeline 3/13/26 $679,281.00
Catholic booster
Montecito Memorial
Kai Koslowski
booster pull
& inspect 2/27/26 $1475.00
126 Discharge Head
Rancho Water
Steve Drew
Discharge Head
Fabrication 3/13/26 $9893.00
SP Borehole
Primo Brands
Tam Pham
Roof repairs 3/2/26 $9679.00
Lucerne Valley Pull, brush, bail 2/27/26 $10,795.00
Oak Hills
County of San Bernardino
Zach Tipton
County of San Bernardino
Zach Tipton
Install check valve 2/27/26 $2396.12
7 Boosters 5/1/26 $359,510.95 Equipment for
7 boosters
Rancho Water
Steve Drew
Injection Well Redevelopment
3 year contract for
injection well redevelopment
Orange County Water
David Field 2029 TBD
Existing Ag Well
County of San Bernardino
Jon Aldana Well Rehab 4/1/26 $34,195.00

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-15 00 41 43 – BID FORMS C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[Duplicate page if needed for listing additional completed projects.] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required work on the Project.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
Oak Hills Well 4
San Bernardino
County SD
Well Rehab &
Packer Install
August 2023 $230,000.00
Well F10A Well Rehab &
Pump Installation May 2024 $37,000.00
Well 17B Fontana Water
Company
Well Rehab June 2024 $282,698.50
Well 44B Fontana Water
Company
Well Rehab June 2024 $83,964.00
Well F29A Fontana Water
Company
Well Rehab $212,900.00
Well 5 Cabazon Water
District
Well Rehab January 2024 $19,700.00
March 2023
Fontana Water
Company
Snow Valley Well Rehab
South Well
Well 2
Primo Brands
Well 1
Primo Brands
Well Rehab
Well Rehab
Well Rehab
August 2025 $611,842.44
Harmony Haven $67,000.00
Twin Pines
Riverside County
Riverside County August 2024 $33,000.00
November 2025
Well Rehab
November 2024 $42,589.00
January 2026 $34,548.20

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-16 00 41 43 – BID FORMS D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

Mike Rentz, President 100%
Larry Lawrence, VP of Operations, 100%
Mike Rentz 30+ years in the well drilling, well and pump maintenance, and underground work Larry Lawrence 30+ years of engineering experience, 25 years of experience in water supply and treatment Mike Rentz 30 years
Larry Lawrence: 30+ years
New well contruction, well maintenance, equipment specialty installation, booster installation and maintenance, VFD installation and maintenance, and system design

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-17 00 41 43 – BID FORMS E. ADDITIONAL BIDDER’S STATEMENTS:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

_______
Name of Bidder
Signature
Name and Title
Dated
Well Tec Services
Mike Rentz, President
February 20, 2026

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-18 00 41 43 – BID FORMS

NON-COLLUSION DECLARATION
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].

Name of Bidder
Signature
Name and Title
Dated
President Well Tec Services
Beaumont California
Well Tec Services
Mike Rentz, President
February 20, 2026
2/20/26

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-19 00 41 43 – BID FORMS IRAN CONTRACTING ACT CERTIFICATION.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

Mike Rentz
President
Well Tec Services
February 20, 2026

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-20 00 41 43 – BID FORMS

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Well Tec Services
1000018493
06/30/2027
Well Tec Services
Mike Rentz, President
February 20, 2026

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-21 00 41 43 – BID FORMS CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION.

I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name and Title
Dated
Well Tec Services
Mike Rentz, President
February 20, 2026

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well C-22 00 41 43 – BID FORMS EXECUTIVE ORDER N-6-22 CERTIFICATION.

Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with District funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the District funded by State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Mike Rentz
President
Well Tec Services
February 20, 2026

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) Repair And Testing Of The Lake Park Well D-1 00 41 43 – BID FORMS

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.  The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.  Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).  The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Mike Rentz
President
Well Tec Services
February 20, 2026

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Attachment: Well Tec Services Estimate for Lake Park (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 1 of 92

CITY OF SAN JACINTO

CONTRACT FOR CONSTRUCTION BETWEEN

THE CITY OF SAN JACINTO
AND

WELL TEC SERVICES, INC

FOR THE REPAIR AND TESTING OF THE LAKE PARK WELL

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 2 of 92 This Contract for Construction (“Contract”), is made and entered into this 3rd day of March, 2026, by and between City of San Jacinto, with its principal place of business at 595 S. San Jacinto Ave, San Jacinto CA 92583, sometimes hereinafter called the “City” and WELL TEC SERVICES, INC, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

SCOPE OF WORK
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the General Conditions, Special Conditions, Technical Specifications, Plans and Drawings, and other Contract Documents as specified in Article 5, below, for the following Project:

Repair and Testing of the Lake Park Well
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

TIME FOR COMPLETION
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

CONTRACT PRICE
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One hundred ninety-nine thousand six hundred and fifty dollars ($199,650.00). Payment shall be made as set forth in the General Conditions.

The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

LIQUIDATED DAMAGES
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of **$1,000 per calendar day** for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as liquidated damages and not as a penalty or forfeiture. This Article does not exclude recovery

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 3 of 92 of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to delays for which the City is responsible. The parties agree that determining Contractor’s exact delay damages is and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the Contract Time, the City shall pay to the Contractor $492.33 per day as reverse liquidated damages and not as ap penalty or forfeiture. Such amount shall constitute the only payment allowed for any City caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Notice of requests for delay damages and additional days shall be provided to the City within five (5) Days from the discovery of the circumstances giving rise to any delay or three (3) Days from the discovery of any latent or subsurface conditions giving rise to a delay.

COMPONENT PARTS OF THE CONTRACT
The “Contract Documents” include the following
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid
Bid Schedule
Bid Security
Designation Of Subcontractors
Bidder Information and Experience Form
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Executive Order N-22 Certification
Fleet Compliance Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 4 of 92 Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in the General Conditions.

RECORD RETENTION
The Contractor shall maintain accounts and records as set forth in the General Conditions.

PREVAILING WAGES
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

EXAMINATION OF PLANS, SPECIFICATIONS, PROVISIONS, & PROJECT SITE Contractor shall follow the provisions set forth in Article 3 of the Instructions to Bidders. No information derived from inspection of records or investigations or compilations of same made by the City will in any way relieve the Contractor from his or her obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor will not and agrees not to make any claims against the City based upon ignorance or misunderstanding of any condition of the work site or of the requirements set forth in the Contract Documents.

FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 5 of 92 claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] [SIGNATURES ON FOLLOWING PAGE]

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 6 of 92 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN JACINTO WELL TEC SERVICES, INC
By: By:

Robert A. Johnson Michael T. Rentz
City Manager President
ATTEST:

By: __________________________________
Jill Theriot
Deputy City Clerk
APPROVED AS TO FORM:

By: _________________________________
Best Best & Krieger LLP
City Attorney
____802369 C57, A, B, C-8___
Contractor’s License Number & Classification
____1000018493_____________
DIR Registration Number
CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE.

Note: The Notary Acknowledgment must specify that the signer of the Contract is authorized to execute the Contract.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 7 of 92 00 61 13 – BOND FORMS

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Jacinto, with its principal place of business at 595 San Jacinto Ave, San Jacinto, CA 92583, (hereinafter referred to as the “City”) has awarded to ____________________________, (hereinafter referred to as the “Contractor”) an agreement for Repair and Testing of the Lake Park Well (hereinafter referred to as the “Project”); WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ________________________________, the undersigned Contractor, and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ________________________________ Dollars, ($________________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 8 of 92 Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 9 of 92 IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___________ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ______________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different
from above)
___________________________________________
(Telephone number of Surety
and Agent or Representative for
service of process in California)
___________________________________________
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 10 of 92 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 11 of 92 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 12 of 92 PAYMENT BOND (LABOR AND MATERIALS).

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City of San Jacinto, with its principal place of business at 595 San Jacinto Ave, San Jacinto, CA 92583 (hereinafter designated as the “City”), has awarded to ________________________, (hereinafter designated as the “Principal”) an agreement for Repair And Testing Of The Lake Park Well, (hereinafter referred to as the “Project”); WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________, as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 13 of 92 pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 14 of 92 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 15 of 92 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 16 of 92 00 72 00 – GENERAL CONDITIONS
ARTICLE 1 -TERMS; DEFINITIONS

1.1 Defined Terms.

A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract.

4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

6. Bid Security -- The bid bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract.

7. Bidder -- The individual or entity who submits a Bid directly to the City.

8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work.

10. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 17 of 92 negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

11. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

12. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

13. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to fully complete the Work.

14. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

15. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

16. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

17. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

18. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined.

19. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 18 of 92

20. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them.

21. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity that prepares the Drawings.

22. Force Majeure Event -- 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 occurring at the Site; (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 Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. 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 the City in its capacity as a municipal authority.

23. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive.

24. Holiday – Holidays occur on:

New Year’s Day - January 1
Martin Luther King Day – Third Monday in January
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 19 of 92

25. Notice of Award -- The written notice by the City to the successful Bidder stating that upon timely compliance by the successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

26. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project.

27. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when the Contract Time will commence to run.

28. Project -- The total construction of which the Work to be performed under the Contract Documents, may be the whole, or a part.

29. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions.

30. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock.

31. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged.

32. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

33. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

34. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor.

35. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

36. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

37. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 20 of 92

38. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

39. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

40. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents.

41. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer.

42. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

1.2 Terminology.

A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning.

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 21 of 92 B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 -PRELIMINARY MATTERS

2.1 Delivery of Contract Documents.

A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary performance bond, payment bond, and certificates of insurance and endorsements, as well as any other documents specified in the Contract Documents.

2.2 Bonds.

A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City.

2.3 Evidence of Insurance.

A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all certificates of insurance and endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved.

2.4 Execution of the Contract.

A. Upon receipt of the required documents, the City will execute the Contract, establishing the Effective Date of the Contract.

2.5 Contractor’s Failure to Perform.

A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Security, rescind award to the Contractor and award the Contract to the next lowest responsible Bidder providing a responsive Bid as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Time will begin to run as of the

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 22 of 92 date stated in the Notice to Proceed. However, the number of Days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Time.

2.6 Commencement of Contract Times; Notice to Proceed.

A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract. Work shall commence within ten (10) Days of the date stated in the Notice to Proceed. The Contract Time begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed.

2.7 Copies of Documents.

A. Contractor will be furnished, free of charge, copies of the Contract Documents.

Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site.

2.8 Substitution Requests, Schedule of Submittals, and Schedule.

A. Substitution Requests. Within thirty-five (30) Days of Contract award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in the General Conditions.

B. Schedule of Submittals. Within ten (10) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of the Contract Documents.

C. Schedule. Within ten (10) Days after the issuance of the Notice to Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of the Contract Documents.

2.9 Preconstruction Meeting; Designation of Authorized Representatives.

A. Before any Work at the Site is started, a meeting attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records. At this meeting the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.10 Mobilization.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 23 of 92 A. When a bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. The lump sum price provided for mobilization shall not be more than 5% of the Total Bid Price. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, as applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer, if specified, complete, with all specified furnishings and utility services.

7. Providing on-site sanitary facilities and potable water facilities as specified per CalOSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per CalOSHA.

11. Full-time presence of Contractor’s superintendent at the job Site as required herein.

12. Submittal of construction schedule, Submittals, and Shop Drawings as required by the Contract Documents.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 24 of 92 ARTICLE 3 -CONTRACT DOCUMENTS; INTENT

3.1 Examination of Drawings, Specifications, and Site of Work.

A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements.

B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

3.2 Intent of Contract Documents.

A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City.

B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 25 of 92 C. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

D. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions.

3.3 Reference Standards.

A. Standards, Specifications, Codes, Laws, and Regulations.

1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.4 Reporting and Resolving Discrepancies; Order of Precedence.

A. Reporting Discrepancies. The Contract Documents are intended to be fully cooperative and complementary. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City.

Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk. B. Order of Precedence.

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1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
a. Permits from other agencies as may be required by law b. Change Orders, most recent first
c. Contract
d. Addenda, most recent first
e. Special Conditions
f. Specifications
g. Construction Plans and Drawings(Drawings)
h. General Conditions
i. Instructions to Bidders
j. Notice Inviting Bids
k. Contractor’s Bid (Bid Forms)
l. Standard Specifications for Public Works Construction “Greenbook” latest edition
m. Applicable Local Agency Standards and Specifications n. Standard Drawings
o. Reference Documents

2. With reference to the drawings the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
b. Detail drawings govern over general drawings
c. Addenda/Change Order drawings govern over Drawings
d. Drawings govern over Standard Drawings
e. Drawings govern over Shop Drawings

3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply.

3.5 Amending and Supplementing Contract Documents.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 27 of 92 A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties.

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways:

1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or

2. The City’s issuance of a response to an RFI.

C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents.

3.6 Reuse of Documents.

A. Contractor and any Subcontractor or Supplier shall not:

1. Have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or

2. Reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record.

B. The prohibitions of this Article will survive final payment or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 -INDEMNIFICATION; INSURANCE

4.1 Indemnification.

A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, employees, agents, and authorized volunteers, and each of them from and against:

1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without

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2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor.

4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City or its officials, officers, employees, agents, or authorized volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or authorized volunteers, in any such suit, action or other legal proceeding.

Contractor shall reimburse the City and its officials, officers, employees, agents, and authorized volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. Contractor’s obligation to indemnify the City shall not be restricted to insurance proceeds, if any, received by the City and its officials, officers, employees, agents, and authorized volunteers.

4.2 Insurance.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 29 of 92 A. General Requirements. The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

B. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its Subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for Subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work.

C. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 30 of 92 The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

D. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

E. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage.

If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. 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 Contractor from liability in excess of such coverage, nor shall it limit Contractor’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 Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

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4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits.

Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

G. Builder’s Risk [“All Risk”].

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City.

The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), Suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include:
(1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the

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Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

H. Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

I. Contractor’s Pollution Liability Coverage. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

J. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

K. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. L. Form and Proof of Carriage of Insurance.

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1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or selfinsured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

2. Each insurance policy required by this Contract shall be endorsed to state that:
(1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

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6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy.

ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS

5.1 Applicable Laws.

A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the Engineer shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.

5.2 Permits and Licenses.

A. Contractor will apply for necessary encroachment permits for Work within the public rights-of-way. City will waive encroachment permit fee(s) and issue encroachment permit(s) upon approval. All other necessary permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, permits, licenses and fees required by agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the Contract Documents or by governing authorities, except for such offsite inspections delineated as the City’s responsibility pursuant to the Contract Documents. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

5.3 Taxes.

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue

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5.4 Traffic Control.

A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “CA Manual on Uniform Traffic Control Devices” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work.

C. The Contractor’s representative on the Site responsible for traffic control shall produce evidence that he or she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of material will be allowed in traveled rightof-ways after working hours unless otherwise approved by the Engineer.

5.5 Safety.

A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or

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B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections.

5.6 Hazardous Waste.

A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory.

B. If the Contractor encounters Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). The City shall contract for any services required to directly remove and/or abate Hazardous Waste, if required, and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

C. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees.

5.7 Sanitary Facilities.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 37 of 92 A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with Applicable Laws. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.

5.8 Dust Control.

A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted.

5.9 Air Pollution Control.

A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

B. Without limiting the foregoing, Contractor 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 Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuelpowered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its Subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents.

5.10 Water Quality Management and Compliance.

A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 38 of 92 B. Contractor 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 Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 1300014950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No.

CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006- DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No.

CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010- 0036 (NPDES No. CAS618036), and any amendment or renewal thereof.

C. Contractor shall comply with all conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

D. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law.

Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Construction General Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity.

5.11 Environmental Quality Protection.

A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 39 of 92 regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to noncompliance penalties, the cost of such penalties shall be borne by the Contractor.

B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. Movement of crews and equipment within the rights-of-way and over routes provided
for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) Days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) Days. Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City and the construction/archeological monitor in the preparation and implementation

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 40 of 92 of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

5.12 Noise Restrictions.

A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

5.13 Diversion of Recyclable Waste Material.

A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

5.14 Workers; Contractor’s Supervision.

A. Contractor shall be an independent contractor for the City and not an employee.

Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 41 of 92 Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.

B. By executing the Contract, Contractor verifies 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 Subcontractors, sub-subcontractors and consultants to comply with the same.

Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

C. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

D. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City.

Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

5.15 Labor.

A. Hours of Work.

1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.

Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.

2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 42 of 92 Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City.

5. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on Holidays, unless otherwise approved by the City:
a. Powered Vehicles
b. Construction Equipment
c. Loading and Unloading Vehicles
d. Domestic Power Tools
B. Payroll Records; Labor Compliance.

1. Pursuant to Labor Code section 1776, Contractor and all Subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate.

Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury.

2. In accordance with Labor Code section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 43 of 92

3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor 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 Contractor or any Subcontractor.

4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

8. The responsibility for compliance with this Article shall rest upon the Contractor.

C. Prevailing Rates of Wages.

1. The Contractor is aware of the requirements of Labor Code sections 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 certain “public works”

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 44 of 92 and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

2. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

D. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

E. Employment of Apprentices. Contractor and all Subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 45 of 92 of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

F. Nondiscrimination/Equal Employment Opportunity. Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project.

The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

G. Debarment of Contractors and Subcontractors. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

5.16 Subcontracts.

A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by its Subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any Subcontractor and the City. The City reserves the right to accept all Subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

5.17 Progress Meetings.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 46 of 92 A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work. The Contractor and City shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously.

5.18 Submittals
A. Schedule of Submittals. Within five (5) Days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) Days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process. B.

Submittal Procedures.

1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents:
a. Submittals must be transmitted electronically.
b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal.
d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent construction Work, and that coordination of information is according to requirements of the Work and Contract Documents. e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work.
f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission.
g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at

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The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings.
h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed.
i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process.
k. Contractor shall allow a minimum of 20 working days for review of Submittals unless otherwise specified in the Contract Documents.

2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the risk and sole expense and responsibility of Contractor.

C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents.

5.19 Shop Drawings and Sample Submittal Procedures.

A. Before submitting each Shop Drawing or Sample, Contractor shall have:

1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 48 of 92 B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation. C. Shop Drawings.

1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents.

2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction.

3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work.

4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement.

5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction.

D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents.

Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection. E. City’s Review.

1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 49 of 92 expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample.

F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals.

5.20 Record (“As-Built”) Drawings.

A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes.

Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period. Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment.

C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineer. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

5.21 Layout and Field Engineering.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 50 of 92 A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work and all necessary surveys to compute quantities of Work performed.

5.22 Separate Contracts and Cooperation.

A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site.

5.23 Work Site.

A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rightsof entry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 51 of 92 for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal.

C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

5.24 Utility Usage.

A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments.

5.25 Protection of Work and Property.

A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk.

B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 52 of 92 and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Site over a route designated by the City.

4. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City. Contractor shall not unreasonably encumber the Site with its materials.

5. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

6. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

7. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way.

8. At the completion of work each day, leave the Work and the Site in a clean, safe condition.

9. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) Days in advance, and the City may issue or withhold approval in its sole discretion.

D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 53 of 92 considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

E. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project.

5.26 Emergencies.

A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

5.27 California Air Resources Board Regulations.

A. To the extent applicable, Contractor, shall comply, and shall ensure all Subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

B. Throughout Project, and for five (5) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from City.

C. Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation.

Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

ARTICLE 6 -MATERIALS; INSPECTION

6.1 Access to Work.

A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 54 of 92 observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs.

6.2 Materials.

A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or Supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor.

D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

6.3 Test and Inspections.

A. Inspection of Work.

1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) Days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and inspection shall be

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 55 of 92 paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

2. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits.

3. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor.

4. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

5. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

6. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

B. Testing of Materials.

1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 56 of 92

3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed Supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-notify the Engineer when samples which are representative may be obtained.

4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance.

Material test data may be required by the Engineer to be included with the Submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not.

5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery.

City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery.

6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense.

6.4 Requests for Substitutions.

A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Contract Documents or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 57 of 92 C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (30) Days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 58 of 92 Contractor’s failure to provide substitution requests at the time and in the manner described herein.

H. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES

7.1 Soils Investigations.

A. Reports and Drawings. The Special Conditions identify: those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

7.2 Ownership of Site Materials Found.

A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by
the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 59 of 92 determined by the City, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party.

7.3 Existence of Utilities at the Work Site.

A. Existing Utilities. The location of known existing utilities and pipelines are shown on the Drawings in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities. B. Utility Location.

1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which the Contractor believes may affect or be affected by the Contractor’s operations, by taking all reasonable steps necessary including, but not limited to, calling Underground Service Alert to locate utilities in accordance with the procedures described in Government Code 4216 et seq. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article. The locating of utilities shall be in conformance with Government Code section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

2. A “High Priority Subsurface Installation” is defined in Government Code section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.”

3. A “Subsurface Installation” is defined in Government Code section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.”

4. Pursuant to Government Code section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 60 of 92 the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

5. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

6. The Contractor's attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting.

C. Utility Relocation and Repair. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this Article and Government Code section 4215. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services.

Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work D. Construction at Existing Utilities. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 61 of 92 manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

7.4 Trenches.

A. Trenches Five Feet or More in Depth. Contractor shall submit to the City at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet.

1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated by information made available to bidders prior to the deadline for submitting bids.

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Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 62 of 92 c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract

2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described in Article 9.1 Change Orders and Time Extensions.

3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 8 -PROSECUTION OF THE WORK

8.1 Contractor’s Means and Methods.

A. Contractor is solely responsible for the means and methods utilized to perform the Work. Contractor shall perform all Work in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Contractor represents that it, its employees and Subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract.

Contractor shall perform the Work in full compliance with all applicable state, federal and local laws and to the all jurisdictions having authority over the Project.

8.2 Construction Schedule.

A. General Requirements. The schedule shall be prepared in a critical path method format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule.

B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse

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Packet Pg. 100 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 63 of 92 the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City.

C. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for Submittals, items of interface with Work performed by others, and specified construction, startup and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City.

D. Material Lead Times. Contractor shall include anticipated material delivery lead times in the submitted construction schedule and identify long lead time items that could become critical path items and affect the overall construction schedule.

E. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the City:
(1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two-week detailed look-ahead at weekly meetings conducted with the City. The two-week lookahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work.

F. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor.

8.3 Time for Completion and Liquidated Damages.

A. Time for Completion. The time for completion set forth in the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier

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Packet Pg. 101 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 64 of 92 completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code section 53069.85 and Public Contract Code section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

C. Inclement Weather. Contractor shall abide by the City’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather.

D. Extension of Time. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis.

No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. If approved, the increase in time required to complete the Work shall be added to the Contract Time.

E. Reverse Liquidated Damages. Consistent with Public Contract Code section 7102, Contractor will be compensated for damages incurred due to unreasonable delays to the critical path for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time for completion set forth in the Contract, the City shall pay to the Contractor the amount stipulated in the Contract. Such amount shall constitute the only payment allowed for any City-caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Contractor shall not be entitled

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Packet Pg. 102 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 65 of 92 to reverse liquidated damages for any change in the Work in which Contractor is compensated for overhead and profit through a change in Unit Price Work or a Change Order resulting in a lump sum or allowed mark-up for the additional Work.

The amount of reverse liquidated damages shall be reduced by Contractor’s concurrent delays.

F. Force Majeure. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a noncompensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

G. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

H. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions. Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages.

8.4 Contractor’s Responsibility for Work.

A. Responsibility for, and security of, all Work and materials related to Contractor’s Work is the responsibility of Contractor until final acceptance of the Contractor’s Work by the City. The City shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance. Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work and all loss or damage shall be borne by Contractor.

The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid.

8.5 Occupancy.

A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of

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Packet Pg. 103 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 66 of 92 any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

8.6 Securities for Money Withheld.

A. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

8.7 The City’s Right to Suspend/Terminate the Contract.

A. Suspension of Work by the City.

1. The City in its sole and absolute discretion for any reason or no reason whatsoever may at any time, with or without cause, suspend performance of all or any part of the Work by giving not less than five (5) Days written notice to the Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension. Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension.

2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: (1) immediately discontinue Work on the date and to the extent specified in the notice; (2) place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and (4) continue to protect and maintain the Work including those portions on which Work has been suspended.

3. The City shall not be liable for any additional costs, damages or anticipated profits incurred by Contractor or its Subcontractors and the Contract Price shall not be increased during the period of suspension, except the actual costs incurred by Contractor, excluding overhead and profit for (a) the purpose of safeguarding the Work and material and equipment in transit or at the Site during the period of suspension, (b) Contractor’s or its Subcontractor’s rented equipment which are maintained at the Site, or (c) other reasonable and unavoidable costs of shutting down the Work, or reassembling personnel and equipment resulting directly from such suspension. Contractor shall be granted an extension of the Contract Time equal to the number of days performance of Work is suspended; provided,

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Packet Pg. 104 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 67 of 92 however, that no actual costs or extension of Contract Time shall be granted if the suspension results from Contractor's noncompliance with the requirements of the Contract. B. Termination for Cause by the City.

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) Days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. After expiration of the ten (10) Day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site.

3. Contractor shall not be entitled to receive any further payment hereunder as a result of such termination. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work, including professional services and expenses, reasonable overhead, profit, and attorneys' fees. This payment obligation shall survive completion of the Project and termination or expiration of this Contract. C.

Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) Days written notice if the City determines that a termination is in the City's interest. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

2. After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations: (1) stop Work as specified in the Notice; (2) complete any Work specified in the Notice of Termination in a least

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Packet Pg. 105 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 68 of 92 cost/shortest time manner while still maintaining the quality called for under the Contract Documents; (3) leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety; (4) terminate all subcontracts to the extent that they relate to the portions of the Work terminated; and (5) place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.

3. In case of such termination for the City’s convenience, the Contractor shall be entitled to receive payment for Work actually completed by Contractor in conformity with this Contract prior to Contractor’s receipt of City’s Notice and costs incurred by reason of such termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the City no later than 30 Days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) Days of the rejection pursuant to Article 9.2.

4. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City.

5. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed.

6. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

7. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

8.8 Defective Work.

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Packet Pg. 106 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 69 of 92 A. The City May Correct Defective Work.

1. If Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) Days written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere.

Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work.

4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the City correcting Defective Work.

B. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the

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Packet Pg. 107 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 70 of 92 Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective work occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City.

8.9 Completion and Acceptance of Work.

A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

8.10 Guarantee of Work.

A. Neither the final payment nor any provision in the Contract Documents shall relieve Contractor of responsibility for faulty materials or workmanship. Contractor hereby guarantees that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this guarantee. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with

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Packet Pg. 108 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 71 of 92 the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of Work that was corrected.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract Documents. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) Days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City
for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary work to remedy the failure, defect, or damage. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

F. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

G. This Article shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the

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Packet Pg. 109 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 72 of 92 City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION

9.1 Change Orders and Time Extensions.

A. Change Orders. All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously.

Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

B. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders.

C. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times:

1. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier.

2. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable.

3. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) Days from the discovery date.

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Packet Pg. 110 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 73 of 92 To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently.

D. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) Days from either Contractor’s notice of change/delay or the City’s directive ordering the change. For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) Days of when the costs or other information become subject to determination. The Change Order Request shall include all of the following information (unless inapplicable to the change):

1. A detailed description of the circumstances giving rise to the request;

2. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors;

3. Supporting documentation for all costs;

4. A time impact analysis showing the impact of the delay to the critical path to completion;

5. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and

6. Certification to the accuracy of the Change Order Request under penalty of perjury.

The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule. The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) Days of the request.

E. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or

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Packet Pg. 111 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 74 of 92 savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a claim in writing in accordance with Article 9.2 to the City within fourteen (14) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require. F. Contractor’s Waiver of Further Relief.

1. Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient.

2. CONTRACTOR’S FAILURE TO PROVIDE A COMPLETE AND TIMELY

NOTICE OF CHANGE/DELAY AND/OR CHANGE ORDER REQUEST, OR TO

COMPLY WITH ANY OTHER REQUIREMENT OF THIS ARTICLE, SHALL

CONSTITUTE A WAIVER BY CONTRACTOR OF THE RIGHT TO A

CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH CIRCUMSTANCES

AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE OR RECOVERY

BY REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF THE

CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS.

G. Change Order Format. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights.

H. Determining Adjustments to Compensation.

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.

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Packet Pg. 112 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 75 of 92 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 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

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Packet Pg. 113 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 76 of 92 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 and material 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.
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

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Packet Pg. 114 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 77 of 92 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 1/2hour 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.
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

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Packet Pg. 115 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 78 of 92 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 timeand material 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 of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;

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Packet Pg. 116 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 79 of 92 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 onsite 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 the Public Contract

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Packet Pg. 117 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 80 of 92 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)
d. Schedules
e. Other

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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 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

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Packet Pg. 119 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 82 of 92 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 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

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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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Packet Pg. 121 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 84 of 92 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 Engineer may require. This schedule of values, unless objected to by the Engineer, 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 Engineer, 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 Engineer 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 Engineer, 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.

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Packet Pg. 122 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 85 of 92 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.

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 Engineer 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

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Packet Pg. 123 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 86 of 92 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 Engineer 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.

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.

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Packet Pg. 124 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 87 of 92 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 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)

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Packet Pg. 125 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 88 of 92 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 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.

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Packet Pg. 126 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 89 of 92

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.

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

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Packet Pg. 127 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 90 of 92 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, 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.

END OF GENERAL CONDITIONS

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Packet Pg. 128 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 91 of 92 APPENDIX “A”

PLANS, DRAWINGS, TECHNICAL SPECIFICATIONS AND SCOPE OF WORK See attachment labeled APPENDIX A-1 for Plans, Drawings, Technical Specifications and Scope of Work

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Packet Pg. 129 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) City of San Jacinto | Repair and Testing of the Lake Park Well Contract Page 92 of 92 APPENDIX “B”
PREVAILING WAGE RATES – FEDERAL GENERAL DECISION
See Attachment labeled B-1 for Prevailing Wage Rates – Federal General Decision https://sam.gov/wage-determination/CA20260025/1

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Packet Pg. 130 Attachment: Construction Contract between Well Tec Service, Inc. and City of San Jacinto - Draft (Lake Park Well Rehabilitation - Patch Casing) Principal
Hydrogeologist
Senior
Hydrogeologist
Project
Hydrogeologis
Staff
Hydrogeologist GSI Technician Project Coordinator
Item Description Labor Direct Costs Total Labor Direct Costs Total Labor Direct Costs Total 1 Project Management and Progress Meetings 2 4 $ 1,190 $ 1,190 $ 1,482 $ 30 $ 1,512 $ 1,620 $ 1,620 2 Provide Construction Management and Support, including Pre-Construction Meeting, Submittal Review, Response to RFIs, COR Review, Schedule Review, Progress Payment Review, and Construction Updates
2 8 4 $ 2,590 $ 129 $ 2,719 $ 3,326 $ 357 $ 3,683 $ 3,540 $ 3,540 3 Field Observation during Mechanical Brushing 1 3 6 $ 1,530 $ 129 $ 1,659 $ 1,927 $ 357 $ 2,284 $ 2,240 $ 161 $ 2,401 4 Field Observation during Pre-Repair Video Survey 1 3 6 $ 1,530 $ 129 $ 1,659 $ 1,927 $ 357 $ 2,284 $ 2,240 $ 161 $ 2,401 5 Field Observation During Installation of Casing Patches 1 1 6 16 $ 3,650 $ 257 $ 3,907 $ 4,546 $ 357 $ 4,903 $ 5,415 $ 483 $ 5,898 6 Field Observation during Post-Repair Video Survey 1 3 6 $ 1,530 $ 129 $ 1,659 $ 1,927 $ 357 $ 2,284 $ 2,240 $ 161 $ 2,401 7 Field Observation during Dynamic Video Survey 2 4 8 $ 2,430 $ 129 $ 2,559 $ 3,194 $ 357 $ 3,551 $ 3,500 $ 161 $ 3,661 8 Field Observation during Well Disinfection 1 3 8 $ 1,820 $ 129 $ 1,949 $ 2,273 $ 357 $ 2,630 $ 2,670 $ 161 $ 2,831 9 Prepare Summary TM with Recommendations for Next Steps 2 4 8 12 4 $ 4,650 $ 4,650 $ 5,750 $ 130 $ 5,880 $ 6,820 $ 6,820 9 25 38 54 4 0 $ 20,920 $ 1,031 $ 21,951 $ 26,352 $ 2,659 $ 29,011 $ 30,285 $ 1,288 $ 31,573 IMPORTANT: This notice is an award of bid only. No work is to be started on-site until the City issues a formal Notice to Proceed. Any work performed prior to that date is done at the Contractor's own risk and expense.

Dudek
Cost Proposal for Professional Hydrogeological Services City Of San Jacinto
Kyle Groundwater Kleinfelder
Total Hours and Cost:

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Packet Pg. 131 Attachment: Proposals for Construction Management for Lake Park Well Rehabilitation (Lake Park Well 24438.00000\30452526.3
(BB&K 2021) -1- Professional Services Agreement

CITY OF SAN JACINTO

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF SAN JACINTO
AND

KYLE GROUNDWATER, INC

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Packet Pg. 132 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) -2- Professional Services Agreement

1. PARTIES AND DATE.

This Agreement is made and entered into this 4th day of March, 2026, 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 KYLE Groundwater, Inc., a California Corporation, with its principal place of business at 2377 W. Foothill Blvd., Suite 7, Upland, CA 91786 ("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 professional hydrogeological 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 Repair and Testing of the Lake Park Well 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 hydrogeological 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 March 4, 2026, until full completion of the Lake Park well rehabilitation project, unless earlier terminated as provided herein. 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 "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twenty one thousand nine hundred and fifty-one dollars with zero cents

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Packet Pg. 133 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) -3- Professional Services Agreement
($21,951.00) 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 "B" 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. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “B” may be adjusted each year at the time of renewal as set forth in Exhibit “B.”

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 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.

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Packet Pg. 134 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) -4- Professional Services Agreement
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: Mathew Osborn, Public Utilities Superintendent.

3.3.5 City's Representative. The City hereby designates Mathew Osborn, Public Utilities Superintendent, 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 Russell Kyle, President/ Principal Hydrogeologist, 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 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

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(BB&K 2021) -5- Professional Services Agreement
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 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

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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, sub-subcontractors 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 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

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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. [CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE]

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 $1,000,000 per occurrence and no less than $2,000,000 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. [***NOTE: If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned auto endorsement to the Commercial

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General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).

ALWAYS DELETE THIS SECTION IF NOT USED.***]
(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. (D) Professional Liability (Errors & Omissions): [***INCLUDE THIS SUB-SECTION ONLY IF APPLICABLE; DELETE OTHERWISE***]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: [***OPTIONAL: include the following provision if there is a pollution liability exposure; otherwise, always delete.]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. [***ALWAYS DELETE IF NOT USED***]

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 [***INSERT "and Pollution Liability"; OTHERWISE, ALWAYS DELETE]: (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

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cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): [***INCLUDE THIS SUB-SECTION ONLY IF APPLICABLE; DELETE OTHERWISE***](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. (D) Pollution Liability: [***INCLUDE THIS SUB-SECTION
ONLY IF APPLICABLE; DELETE OTHERWISE***](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 self-insured 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

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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.

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.

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(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 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

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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 selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before 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

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address as the respective parties may provide in writing for this purpose:

Consultant: KYLE Groundwater, Inc
2377 W. Foothill Blvd., Suite 7
Upland, CA 91786
ATTN: RUSSELL KYLE
City: City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: MATHEW OSBORN
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.

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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 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.

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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, 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.A.3.e
Packet Pg. 146 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) -16- Professional Services 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 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

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Packet Pg. 147 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) -17- Professional Services Agreement
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.

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.
[SIGNATURES ON NEXT PAGE]

3.A.3.e
Packet Pg. 148 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) -18- Professional Services Agreement

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF SAN JACINTO AND KYLE GROUNDWATER, INC 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 KYLE GROUNDWATER, INC
By: ____________________________ By: ____________________________ Robert A. Johnson Russell Kyle
City Manager President
Attest:

City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney

3.A.3.e
Packet Pg. 149 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) Exhibit “A”-1 Professional Services Agreement EXHIBIT "A"

SCOPE OF SERVICES
This project involves comprehensive Construction Management (CM) and Technical Oversight for well rehabilitation. The scope is divided into three primary phases:

1. Administrative & Construction Management
• Meeting Oversight: Lead project management efforts, including progress meetings and the initial Pre-Construction kickoff.
• Documentation Review: Manage technical and financial logistics through submittal reviews, RFI responses, and Change Order Request (COR) evaluations. • Project Controls: Monitor project timelines via schedule reviews and verify billings through progress payment reviews.

2. Field Observation & Technical Inspections
• Rehabilitation Monitoring: Provide onsite observation during mechanical brushing and the installation of casing patches.
• Video Surveys: Supervise multiple diagnostic phases, including pre-repair, post-repair, and dynamic video surveys to ensure quality control.
• Sanitation: Oversee the final well disinfection process to ensure compliance with health and safety standards.

3. Reporting & Recommendations
• Technical Memorandum (TM): Synthesize all field data and observations into a final Summary TM.
• Strategic Guidance: Provide formal recommendations for long-term well maintenance or required next steps.

3.A.3.e
Packet Pg. 150 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) 24438.00000\30452526.3
(BB&K 2021) Exhibit “B”-1 Professional Services Agreement EXHIBIT "B"

COMPENSATION & SCHEDULE OF SERVICES
Total consulting hours: 130. Breakdown by position description and hourly rates as follows:
1 Project Management and Progress Meetings 2 4 $ 1,190.00 $ 1,190.00 2 Provide Construction Management and Support, including PreConstruction Meeting, Submittal Review, Response to RFIs, COR Review, Schedule Review, Progress Payment Review,
and Construction Updates
2 8 4 $ 2,590.00 $ 129.00 $ 2,719.00
3 Field Observation during Mechanical Brushing 1 3 6 $ 1,530.00 $ 129.00 $ 1,659.00 4 Field Observation during Pre-Repair Video Survey 1 3 6 $ 1,530.00 $ 129.00 $ 1,659.00 5 Field Observation During Installation of Casing Patches 1 1 6 16 $ 3,650.00 $ 257.00 $ 3,907.00 6 Field Observation during Post-Repair Video Survey 1 3 6 $ 1,530.00 $ 129.00 $ 1,659.00 7 Field Observation during Dynamic Video Survey 2 4 8 $ 2,430.00 $ 129.00 $ 2,559.00 8 Field Observation during Well Disinfection 1 3 8 $ 1,820.00 $ 129.00 $ 1,949.00 9 Prepare Summary TM with Recommendations for Next Steps 2 4 8 12 4 $ 4,650.00 $ 4,650.00 9 25 38 54 4 $ 20,920.00 $ 1,031.00 $ 21,951.00
Item Labor Direct Costs Total
Consulting Hours Costs
Total Hours and Cost:

GSI Technician Staff
Hydrogeologist
Project
Hydrogeologis
Senior
Hydrogeologist
Principal
Hydrogeologist Description

3.A.3.e
Packet Pg. 151 Attachment: Professional Services Agreement - KYLE Groundwater (Lake Park Well Rehabilitation - Patch Casing) March 3, 2026
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: AB1632 (Johnson) Support Letter
RECOMMENDATION:

Staff recommends that the City Council approve the support letter for AB 1632 (Johnson).

ATTACHMENTS:

AB1632 Letter of Support

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Packet Pg. 152
595 S. San Jacinto Ave. | San Jacinto, CA 92583 | Ph 951-487-7330 | Fax 951-654-3728 | www.sanjacintoca.gov Crystal Ruiz
Mayor
Clarisa Sanchez
Mayor Pro Tem
Phil Ayala
Councilmember
Alonso Ledezma
Councilmember
Valerie Vandever
Councilmember
Robert Johnson
City Manager
March 3, 2026
The Honorable Nick Schultz
Chair, Assembly Public Safety Committee
1020 N Street, Room 111
Sacramento, CA 95814
RE: AB 1632(Johnson) Trespass.

Notice of SUPPORT (1/26/2026)
Dear Assemblymember Schultz:

The City of San Jacinto is pleased to support AB 1632 (Johnson), which would remove the notary requirement for a Trespass Letter of Authority and extend the applicability of the request from 12 months to 3 years for properties with fire hazard risk, absent owners, or those closed to the public.

Under existing law, property owners are allowed to submit a Trespass Letter of Authority (602 Letter) that authorizes law enforcement to enforce trespassing statutes when the owner is not present. Currently, these letters must be notarized and only remain in effect for a 12-month period, requiring frequent and costly renewals.
602 letters allow law enforcement officials to utilize their training and expertise to address nuisance problems in a timely manner, while limiting the liability and asset impacts that businesses and private citizens can experience during trespassing incidents. Requiring authorization forms to be notarized requires property owners to appear in person and often pay for these services every time the letter needs to be resubmitted. This process is burdensome, requiring substantial administrative maintenance on individuals seeking only to protect their property.

For the City of San Jacinto, the current 12-month authorization limit and notarization requirement can create enforcement gaps when requests for peace officer assistance expire. Property owners must renew these requests annually, even when properties remain vacant, fire-prone, or closed to the public for extended periods. When authorizations lapse, officers must obtain new requests before taking enforcement action, which can delay response to ongoing trespassing, vandalism, and nuisance activity. Addressing these procedural barriers will help maintain consistent enforcement and better protect our community.

Removing the notarization requirement and extending the authorization period to three years will strengthen local enforcement capabilities and create a more accessible process for property owners seeking protection from trespassing.

For these reasons, the City of San Jacinto respectfully supports AB 1632 (Johnson).

Sincerely,
Crystal Ruiz
Mayor
City of San Jacinto

3.A.4.a
Packet Pg. 153 Attachment: AB1632 Letter of Support (AB1632 (Johnson) Support Letter) March 3, 2026
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)
RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. Approve the plans and specifications for the Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145);

2. Award the construction contract to the lowest responsible bidder submitting a responsive bid, Granite Construction Company, for the sum of $8,083,808;

3. Allocate 10% ($808,381) of total bid for construction contingencies;

4. Allocate 8.66% ($700,000) of total bid for construction administration, inspection, and testing; and

5. Authorize the City Manager to execute the construction contract.

BACKGROUND:

The Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145) Project (hereafter referred to as “the Project”) has been in the planning and design phase since 2018. The Project’s overall scope includes widening Esplanade Avenue from two lanes to four lanes (two lanes in each direction), installation of traffic signals at the intersection of Esplanade Avenue and Cawston Avenue, and the intersection of Esplanade Avenue and Warren Road, with sidewalk and drainage facility along the north side of Esplanade Avenue.

As the Project is within the jurisdiction of Riverside County, the City of Hemet, and the City of San Jacinto, and impacts major facilities operated by Eastern Municipal Water District (“EMWD”), and Municipal Water District (“MWD”), detailed coordination between all 5 agencies was required. For example, EMWD regional water plan for the underlying aquifer required the installation of a 5-foot diameter raw water conveyance pipe in Esplanade. The City and EMWD worked together to eliminate design conflicts and agree on interim improvements, coordinate right of way acquisition and construction schedules, minimize public inconvenience,

4.1 Packet Pg. 154
relocate of minor facilities, and execute a cost share agreement. For another example, the LGI Homes development on the north side of Esplanade Ave is under construction now. LGI cooperated with the City for acquisition of drainage easements, providing monitoring well relocation sites, and coordinating on future Anza Trail intersection improvements, including traffic signals, streetlights, and sidewalks.

The City of San Jacinto initiated an environmental study for the Project in 2018, which was completed by Environmental Science Associates (“ESA”) in December 2019, and the City Council adopted and approved it on March 17, 2020. Permits from the Santa Ana Regional Water Quality Control Board and California Department of Fish and Wildlife have been obtained, and a mitigation credit agreement executed.

The Project required multiple easement and right-of-way purchases, which were completed and recorded through the County of Riverside from 2019 to 2022.

The City of San Jacinto entered into three separate funding reimbursement agreements with Western Riverside Council of Governments (“WRCOG”). September 10, 2018, in which WRCOG agreed to reimburse the City of San Jacinto $1,170,025 for the planning and engineering. On October 10, 2018, WRCOG agreed to reimburse the City of San Jacinto $1,000,000 for the right-of-way. On February 21, 2023, WRCOG agreed to reimburse the City of San Jacinto $5,630,000 for the construction. The balance of TUMF funds between the three agreements mentioned is $6,249,367.

The City of San Jacinto also entered into a funding reimbursement agreement with Riverside County Transportation Commission (“RCTC”) on October 9, 2023, in which RCTC agreed to reimburse the City of San Jacinto for $3,960,000 in MARA funds for the construction of the Project.

The Project scope includes relocations of certain EMWD facilities to which EMWD will be responsible for reimbursing the City of San Jacinto a total of $271,650. The City Council approved a funding reimbursement agreement with EMWD on May 17, 2022. The funding reimbursement agreement will be revised to reflect the bid results.

As some of the Project’s improvements will be in the City of Hemet’s jurisdiction, the City of Hemet will be responsible for reimbursing the City of San Jacinto a total of $488.921. A cost share agreement with the City of Hemet is being revised to reflect the bid results.

The City of Hemet is planning to construct sidewalks and drainage improvements in the future that will connect to the improvements constructed for the scope of the Project.

DISCUSSION:

4.1 Packet Pg. 155
A Notice Inviting Bids for the Project was advertised online at Planet Bids on December 16, 2025, and in the Press-Enterprise on December 22, 2025. On February 19, 2025, six (6) bids were received, ranging from $8,083,808.00 to $9,070,045.65. Granite Construction Company submitted the lowest responsible and responsive bid for the sum of $8,083,808.

Granite Construction Company has provided construction services in 2019 for the City of San Jacinto’s project titled “San Jacinto Valley Connect Active Transportation Program (ATP) Cycle 2 Project (SJ-394).” Engineering is satisfied with the Granite Construction Company’s work performed on this project.

Granite Construction Company will have 165 working days to complete the work requirements of this project once construction begins.

City staff recommends the City Council award the construction contract for the sum of $8,083,808 to Granite Construction Company as the lowest responsible bidder submitting a responsive bid.

The Project may potentially require periodic full street closure to allow an efficient construction schedule and to ensure the safety of the public during construction. All street closures will be brought back to City Council for approval.

FISCAL IMPACT:

Considering the funding that will be reimbursed by RCTC, WRCOG, EMWD, and the City of Hemet, it is anticipated that approval of the Project will not impact the General Fund.

Project Funding
TUMF $ 6,249,367
MARA $ 3,960,000
Measure “A” $ 200,000
City of Hemet $ 488,921
EMWD Reimbursement $ 271,650
Grand Total: $ 11,169.938
Project Expenditures
Construction Contract $ 8,083,808
Design Cost to Date $ 450,000
Contingencies $ 808,381
Admin, Inspection, Testing $ 700,000
Grand Total: $ 10,042,189

4.1 Packet Pg. 156
ATTACHMENTS:

Bid Plan Set - Esplanade - Addendum 5
Bid Result List
Contract Docs and Specifications - SJ-222

4.1 Packet Pg. 157
ESPLANADE AVENUE WIDENING PHASE 1 LOCATION MAP

LYON AVE
SANDERSON AVE.

DE ANZA DR. RAMONA BLVD.

SAN JACINTO AVE.

IDYLLWILD DR. COTTONWOOD AVE. ESPLANADE AVE.

PALM AVE.

LYON AVE.

EAGLE RD.

SANTA FE
KIRBY ST. SEVENTH ST.

YOUNG ST.

MISTLETOE AVE. MAIN ST. AVENUE ESPLANADE
ALESSANDRO AVE. RAMONA EXPY. FIRST ST.

SOBOBA RD.

JORDAN AVE.

CAMINO
LOS BANOS ARTESIAN ST.

TIGER LN. TAHQUITZ AVE. 5TH ST. 6TH ST. SEVENTH ST.

RAMONA MENLO AVE. COMMONWEALTH AVE. EATON AVE. FRUITVALE AVE. OAKLAND AVE. DEVONSHIRE AVE. FLORIDA AVE.

SAN JACINTO AVE.

HEWITT ST. COMMONWEALTH AVE.

PARK AVE.

COLUMBIA ST. HIGHWAY 74
HIGHWAY 79
LYON AVE.

KIRBY ST.

STATE ST. DEVONSHIRE AVE. MIDWAY ST. OAKWOOD ST.

SANTA FE
EXPY. SHAVER ST. EVANS ST.

GIRARD ST.

YALE ST.

CORNELL ST.

DARTMOUTH ST. CITY OF SAN JACINTO PROJECT SITE MAIN ST. WATEKA ST.

CAWSTON AVE.

WARREN ROAD
RAMONA EXPY.

CHASE ST.

SANDERSON
STATE ST.

AVENUE CITY OF HEMET PERRIS 74 RIVERSIDE VICINITY MAP BEAUMONT VALLEY MORENO JACINTO SANHEMET 15 10 15 215 215 60 79 79 60 74 74 74 NTS NTS SITE PROJECT BASIS OF BEARING: BENCHMARK:
1 TITLE SHEET STREET IMPROVEMENTS EARTHWORK QUANTITIES: CITY OF SAN JACINTO, CALIFORNIA WARREN ROAD TO SANDERSON AVENUE CIP #06-145 (SJ-222) CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK:

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I February 13, 2026 BID SET DESCRIPTION SHEET # SHEET INDEX TITLE SHEET 1 TRAFFIC SIGNAL STREET PROFILE & GRADING CROSS SECTIONS TYPICAL SECTIONS23-10 11-22 23-27 STORM DRAIN 1-3 SIGNING & STRIPING 4-8 APPROVED BY: APPROVED BY: 4.1.a Packet Pg. 158
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) CITY OF SAN JACINTO CITY OF HEMET CITY OF SAN JACINTO CITY OF HEMET CITY OF SAN JACINTO CITY OF HEMET CITY OF SAN JACINTO CITY OF HEMET CITY OF SAN JACINTO CITY OF HEMET CITY OF SAN JACINTO CITY OF HEMET 750' CAWSTON AVE. ESPLANADE AVE. SHEET #5 SHEET #6 SHEET #7 SHEET #8 SHEET #9 SHEET #10 BB AA CC DD 2 SHEET INDEX & TYPICAL SECTIONS FF PROPOSED TRAFFIC SIGNAL STREET SHEET INDEX STORM DRAIN SHEET INDEX SHEET #11 SHEET #13 SHEET #14 SHEET #15 SHEET #16 SHEET #17 EE WARREN ROAD SHEET #4 CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET ANZA TRAIL (FUTURE STREET) ALABASTER AVENUE SANDERSON AVENUE SHEET #3 PROPOSED TRAFFIC SIGNAL ESPLANADE AVE. WARREN ROAD CAWSTON AVE. ANZA TRAIL (FUTURE STREET) ALABASTER AVENUE SHEET #12 SANDERSON AVENUE SHEET #18 APPROVED BY: APPROVED BY: 4.1.a Packet Pg. 159
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 16'' W 12'' W 12'' W 12'' W 12'' W 12'' W
39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 16'' W 8'' G 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR STREETS T T T T T T T T T T T T T T T T T T T T T T T T T T T CL W W W W N 00°14'58" W S 89°30'18" E DWY GATE N 00°14'50" W N 89°30'18" W N 88°23'35" W 184.74' 100+00 101+00 102+00 9+00
11+00 99+00 97+00 98+00 95+00 96+00 X
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39'' W STA. 95+83 TO STA. 102+00 STREET IMPROVEMENTS 3 80 120 1"=40' 40 0 40 SCALE CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET CASE "A" SCALE: 1" = 10' ACCESS RAMP DETAIL CASE "B" SCALE: 1" = 10' ACCESS RAMP DETAIL APPROVED BY: APPROVED BY: 4.1.a Packet Pg. 160
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 8'' G 8'' G 8'' G
16'' W 16'' W 16'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 39'' W 39'' W 39'' W 39'' W 39'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G
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99+00 N 00°14'58" W X X X X X 12+00 13+00 14+00
12'' W 12'' W 6'' W 16'' W 16'' W 16'' W 16'' W 16'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 8'' G 8'' G 8'' G 8'' G STA. 2+00 TO STA. 15+00 40 0 40 80 120 4 SCALE 1"=40' WARREN RD. STREET IMPROVEMENTS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET SHEET #3 WARREN RD CASE "B" MODIFIED SCALE: 1" = 10' ACCESS RAMP DETAIL CASE "A" SCALE: 1" = 10' ACCESS RAMP DETAIL APPROVED BY: APPROVED BY: 4.1.a Packet Pg. 161
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W T T T T T T T T T T T T T T T 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS
6'' SS 6'' SS 6'' SS 6'' SS CL E EM-25 FLOW CONTROL FACILITY N 88°44'53" W 5293.57' 60" CMLC WL 60" CMLC WL 102+00 103+00 104+00 105+00 106+00 107+00 108+00 109+00 110+00 111+00 112+00 12' 16' -2.78% -3.12% -2.92% 1504.00 1504.50 STA. 102+00 TO STA. 112+00 5 80 120 1"=40' 40 0 40 SCALE STREET IMPROVEMENTS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET APPROVED BY: 4.1.a Packet Pg. 162
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 4'' G 4'' G 4'' G
4'' G 4'' G 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W T T T T T T T 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W IRR39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS CL CL S 01°15'07" W
S 01°15'07" W N 88°44'53" W 5293.57' 60" CMLC WL 60" CMLC WL 60" CMLC WL 112+00 113+00 114+00 115+00 116+00 117+00 118+00 119+00 120+00 121+00 122+00 123+00 124+00 125+00 STA. 112+00 TO STA. 125+00 6 80 120 1"=40' 40 0 40 SCALE STREET IMPROVEMENTS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET APPROVED BY: 4.1.a Packet Pg. 163
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W6'' W 18'' W6'' W 18'' W6'' W 18'' W 6'' W 6'' W18'' W 6'' W18'' W 6'' W 16'' W8'' G 16'' W8'' G 16'' W 8'' G 8'' G 16'' W 8'' G16'' W 8'' G16'' W 8'' G 16'' W 8'' G 16'' W T T T T T T T T T T T T T T T T T T T T T T 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS CL E DIRT ROAD DIRT ROAD N 88°44'53" W 5293.57' 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 125+00 126+00 127+00 128+00 129+00 130+00 131+00 132+00 133+00 134+00 135+00 136+00 137+00 138+00 7 80 120 1"=40' 40 0 40 SCALE STREET IMPROVEMENTS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET STA. 125+00 TO STA. 138+40 APPROVED BY: 4.1.a Packet Pg. 164
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W6'' W 18'' W6'' W 18'' W6'' W 18'' W 6'' W 6'' W18'' W 6'' W18'' W 6'' W18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W 6'' W 18'' W6'' W 18'' W T T T T T T T T T T T T T T T T T T T T T T T T T T T T 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS CL CL CL N 88°44'53" W 5293.57' 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 139+00 140+00 141+00 142+00 143+00 144+00 145+00 146+00 147+00 148+00 149+00 150+00 151+00 ESPLANADE AVENUE STA. 138+40 TO STA. 151+80 STREET IMPROVEMENTS 8 80 120 1"=40' 40 0 40 SCALE CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET APPROVED BY: 4.1.a Packet Pg. 165
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 24'' SS 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 20'' ABAND IRR 20'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 18'' W6'' W 18'' W6'' W 18'' W 6'' W 6'' W18'' W 6'' W18'' W 6'' W 6'' W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 24'' SS 24'' SS 24'' SS 24'' SS
24'' REC WT T T T T T

IRR IRR IRR IRR IRR IRR IRR
75'' W 75'' W 75'' W
72'' W 72'' W 8'' SS 8'' SS
24'' REC W 24'' REC W
20'' SS
20'' SS
20'' SS T T T T T T T T T T T T T T T T T T T T T 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 18'' SD 12'' SD 12'' SD 20'' SS 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W
2'' W 2'' W
20'' SS
24'' SS 6'' SS 6'' SS 6'' SS 6'' SS CL CL CL E E DWY
S 00°06'27" W S 89°53'30" E 2641.03' 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 152+00 153+00 154+00 155+00 156+00 157+00 158+00 159+00 160+00 161+00 162+00 163+00 164+00 165+00 9+00 10+00
11+00 12+00 MW MW
S 00°06'27" W N 88°44'53" W 5293.57' 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 2'' W 2'' W 2'' W 2'' W 2'' W 2'' W 2'' W 20'' SS 20'' SS 20'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS T T T T T T STA. 151+80 TO STA. 165+20 9 80 120 1"=40' 40 0 40 SCALE STREET IMPROVEMENTS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET APPROVED BY: 4.1.a Packet Pg. 166
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W T T T T T T T T T T T T T T T T T T T T T T T 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 18'' SD CATV CATV CATV CATV CATV CATV CATV CATV CATV (SD) (SD) (SD) (SD) (SD) E E DWY DWY DWY DIRT DIRT LSA DDC S 89°53'30" E 2641.03' 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 166+00 167+00 168+00 169+00 170+00 171+00 172+00 173+00 174+00 175+00 176+00 177+00 178+00 MW MW 60" CMLC WL 167+07.03
1514.54' STA. 165+20 TO STA. 177+12 10 80 120 1"=40' 40 0 40 SCALE STREET IMPROVEMENTS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET APPROVED BY: 4.1.a Packet Pg. 167
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 16'' W 16'' W 8'' G 8'' G 16'' W 16'' W
12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W
39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 16'' W 8'' G 8'' G 8'' G 8'' G 39'' W 39'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR T T T T T T T T T T T CL W W W W W W W 100+00 101+00 11+00 100+60.94 101+00 T T T T T T T T T T T CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET 11 WARREN AVENUE STORM DRAIN IMPROVEMENTS ESPLANADE AVENUE WARREN ROAD APPROVED BY: APPROVED BY: 4.1.a Packet Pg. 168
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W T T T T T T T T T T T T T T T 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS
6'' SS 6'' SS 6'' SS CL E EM-25 FLOW CONTROL FACILITY 106+00 107+00 108+00 109+00 110+00 111+00 60" CMLC WL 60" CMLC WL 105+00 106+00 107+00 108+00 109+00 110+00 111+00 105+00
104+00 103+00 12' 16' 104+00 105+00 106+00 107+00 108+00 109+00 110+00 111+00 102+00 103+00 104+00 12'
16'
17'

17.99' 101+00 101+07.25 CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET 12 STA. 100 +00 TO STA. 111+80 STORM DRAIN IMPROVEMENTS APPROVED BY: 4.1.a Packet Pg. 169
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR STO 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 4'' G 4'' G 4'' G 4'' G 4'' G 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W T T T T T T T IRR39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR
6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS CL
CL
112+00 113+00
60" CMLC WL
60" CMLC WL
60" CMLC WL
112+00 113+00 114+00 115+00 116+00 117+00 118+00 119+00 120+00 121+00 122+00 123+00 124+00 125+00 114+00 115+00 116+00 117+00 118+00 119+00 120+00 121+00 122+00 123+00 124+00 125+00 112+00 113+00
114+00
115+00
116+00
117+00
118+00
119+00
120+00
121+00
122+00
123+00
124+00
125+00
CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
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February 13, 2026

BID SET
STA. 111 +80 TO STA. 125+20
13 STORM DRAIN IMPROVEMENTS

4.1.a
Packet Pg. 170 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G
16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W
T
T

T T T T T T T T T T T T T T T T T T T T T
39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS CL
E
60" CMLC WL
60" CMLC WL
60" CMLC WL
60" CMLC WL
60" CMLC WL
60" CMLC WL
126+00 127+00 128+00 129+00 130+00 131+00 132+00 133+00 134+00 135+00 136+00 137+00 138+00 126+00 127+00 128+00 129+00 130+00 131+00 132+00 133+00 134+00 135+00 136+00 137+00 138+00 126+00
127+00 128+00 129+00 130+00
131+00
132+00
133+00
134+00
135+00
136+00
137+00
138+00

ORM DRA
CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
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FESSIO
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February 13, 2026

BID SET
STA. 125+20 TO STA. 138+60
14 STORM DRAIN IMPROVEMENTS

4.1.a
Packet Pg. 171 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W

T T T T T T
T
T
T
T
T
T
T
T
T
T

T T T T T T T T T T T
39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS 6'' SS CL
CL
CL
60" CMLC WL 60" CMLC WL
60" CMLC WL
60" CMLC WL
60" CMLC WL
60" CMLC WL
60" CMLC WL
139+00 140+00 141+00 142+00 143+00 144+00 145+00 146+00 147+00 148+00 149+00 150+00 151+00 152+00 139+00 140+00 141+00 142+00 143+00 144+00 145+00 146+00 147+00 148+00 149+00 150+00 151+00 152+00 139+00 140+00 141+00
142+00 143+00 144+00 145+00 146+00 147+00 148+00 149+00 150+00 151+00 152+00

AIN STOR
CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
M
L NA
FESSIO
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R DER
P
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P O
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I V IL

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February 13, 2026

BID SET
STA. 138+60 TO STA. 152+00
15 STORM DRAIN IMPROVEMENTS

4.1.a
Packet Pg. 172 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 20'' ABAND IRR
20'' ABAND IRR
14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 18'' W 18'' W 18'' W 18'' W
6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 24'' SS 24'' SS 24'' SS 24'' SS 24'' REC WT T
T
T
T
T IRR IRR IRR IRR IRR IRR 75'' W 75'' W 75'' W 72'' W 72'' W 8'' SS
8'' SS 24'' REC W 24'' REC W
20'' SS
20'' SS
20'' SS

T T T T T T T T T T T T T T T T T T
T
T
4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 18'' SD
12'' SD 12'' SD 20'' SS
39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 2'' W 2'' W 20'' SS 24'' SS 6'' SS 6'' SS 6'' SS

CL CL CL
E E
60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL
152+00 153+00 154+00 155+00 156+00 157+00 158+00 159+00 160+00 161+00 162+00 163+00 164+00 165+00 9+00 10+00 11+00 MW
MW
152+00 153+00
153+00 154+00 154+46.60
12'' SD 12'' SD
154+60.84 155+00
156+00 157+00 158+00 159+00 160+00 161+00 162+00 163+00 164+00 165+00 CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
M
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FESSIO
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R DER
P
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P O
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I V IL

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NO. 44553
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February 13, 2026

BID SET
STA. 152+00 TO STA. 165+00
16 STORM DRAIN IMPROVEMENTS
APPROVED BY:

4.1.a
Packet Pg. 173 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W

T T T T T T T T T T T T T T T T T T T T T
T
4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 18'' SD

CATV CATV CATV CATV CATV CATV CATV
(SD) (SD) (SD) (SD)
DDC
60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 60" CMLC WL 165+00 166+00 167+00 168+00 169+00 170+00 171+00 172+00 173+00 174+00 175+00 176+00 177+00 178+00 MW
MW 60" CMLC WL
166+00 167+00 168+00 169+00 170+00 171+00 172+00 173+00 174+00 175+00 176+00 177+00 178+00 CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
M
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FESSIO
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R DER
P
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P O
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I V IL

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February 13, 2026

BID SET
17 STORM DRAIN IMPROVEMENTS
STA. 165+00 TO STA. 178+00

4.1.a
Packet Pg. 174 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 26'' ABAND IRR 26'' ABAND IRR 39'' W 39'' W 39'' W
20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR
39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR
16'' W 16'' W 16'' W 16'' W
4'' W 4'' W 4'' W 4'' W
8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 18'' IRR 18'' IRR 18'' IRR 12'' W 12'' W 12'' W 12'' SS 12'' SS 12'' SS 12'' SS 12'' SS 8'' SS 8'' SS 8'' SS
8'' SS
6'' G 6'' G 6'' G 6'' G 6'' G 6'' G 6'' G

T T T T T T
T
T
T T
T
T
T
T
24'' SD 24'' SD
24'' SD
24'' SD 24'' SD 24'' SD
24'' SD 24'' SD
24'' SD
24'' SD 24'' SD 24'' SD
4'' W 4'' W 4'' W 4'' W 24'' W 24'' W 24'' W 24'' W 4'' ABAND W 4'' ABAND W 4'' ABAND W 4'' ABAND W 4'' ABAND W 4'' ABAND W

CATV CATV CATV CATV CATV CATV CATV CATV

CATV CATV CATV CATV CATV CATV CATV CATV
CATV
(SD) (SD) (SD) (SD) (SD) (SD) (SD) (SD) (SD)

E E E E E E
E E E

E E E E E

E E E CL

CATV CATV CATV CATV CATV CATV CATV
E
IP
TP
E T
E
178+00 179+00 180+00 181+00 182+00
179+00 180+00 180+76.12 16'' W 16'' W 8'' G 8'' G 16'' W 16'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 39'' W 39'' W 39'' W 14'' ABAND IRR 14'' ABAND IRR 14'' ABAND IRR 6'' W 6'' W 6'' W 6'' W 6'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 8'' G 8'' G 8'' G 8'' G 39'' W
39'' W
39'' W
39'' W 14'' ABAND IRR 14'' ABAND IRR
T T T
T
T

T T T T T T T
CL
W W W W W W W W 100+00 101+00
11+00
T T T
T
T

T T T T T T T
CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
M
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FESSIO
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R DER
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I V IL

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February 13, 2026

BID SET
18 STORM DRAIN IMPROVEMENTS
STA. 178+00 TO STA 180+34 APPROVED BY:

APPROVED BY:

4.1.a
Packet Pg. 175 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
M
L NA
FESSIO
T
R DER
P
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R DER
P O
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I V IL

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I NR FO
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NO. 44553
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February 13, 2026

BID SET

CROSS-SECTIONS
19 STORM DRAIN IMPROVEMENTS

4.1.a
Packet Pg. 176 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
M
L NA
FESSIO
T
R DER
P
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R DER
P O
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I V IL

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NO. 44553
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February 13, 2026

BID SET

CROSS-SECTIONS
20 STORM DRAIN IMPROVEMENTS

4.1.a
Packet Pg. 177 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026

BID SET

CROSS-SECTIONS
21 STORM DRAIN IMPROVEMENTS
APPROVED BY:

4.1.a
Packet Pg. 178 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) CITY OF SAN JACINTO SJ-222

DIG ALERT

SEAL CITY OF SAN JACINTO
PREPARED BY:

APPROVED BY:

ESPLANADE AVENUE
AS SHOWN BENCHMARK:

B CK
L NA
FESSIO
M
L NA
FESSIO
T
R DER
P
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R DER
P O
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I V IL

I NR FO
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NO. 44553
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February 13, 2026

BID SET

CROSS-SECTIONS
22 STORM DRAIN IMPROVEMENTS

4.1.a
Packet Pg. 179 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) CROSS SECTIONS STA. 101+00 TO STA. 120+00 CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK:

B
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Packet Pg. 180
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) STA. 101+00 TO STA. 120+00 CROSS SECTIONS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET 24 4.1.a Packet Pg. 181
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) STA. 121+00 TO STA. 140+00 CROSS SECTIONS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK:

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I February 13, 2026 BID SET 25 4.1.a
Packet Pg. 182
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) STA. 141+00 TO STA. 160+00 CROSS SECTIONS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET 26 4.1.a Packet Pg. 183
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) STA. 161+00 TO STA. 180+00 CROSS SECTIONS CITY OF SAN JACINTO SJ-222 DIG ALERT SEAL CITY OF SAN JACINTO PREPARED BY: APPROVED BY: ESPLANADE AVENUE AS SHOWN BENCHMARK: B CK L NA FESSIOM L NA FESSIO TR DER P S R DER P OE. I V IL I NR FO CALI I V IL I NR FO CALI R TS IS GE E AT R TS IS GE E AT F NO. 44553 OC TE N AU R T R A E IN GNE R A E IN GNE E B C I I February 13, 2026 BID SET 27 4.1.a Packet Pg. 184
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) ESPLANADE AVENUE WIDENING PROJECT CITY OF SAN JACINTO SHEET 1 INDEX OF SHEETS TITLE SHEET AND SPECIAL PROVISIONS DESCRIPTION 2 TRAFFIC SIGNAL PLAN WARREN ROAD AT ESPLANADE AVENUE ESPLANADE AVENUE WIDENING PROJECT 3 TRAFFIC SIGNAL PLAN CAWSTON AVENUE AT ESPLANADE AVENUE FILE NO. VICINITY MAP 81 FOR: W.O. CITY - DATE NO. REVISION DESCRIPTION DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# WORK CONTAINED WITHIN THESE PLANS SHALL NOT COMMENCE UNTIL AN ENCROACHMENT PERMIT AND/OR A GRADING PERMIT HAS BEEN ISSUED. NOTE: F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR TRAFFIC SIGNAL PROJECTS SIGNED DATE (800) 227-2600 AT LEAST TWO (2) WORKING DAYS PRIOR TO COMMENCEMENT OF EXCAVATION. 2. THE UNDERSIGNED AGREES TO CONTACT AND OBTAIN AN INQUIRY I.D.# FROM UNDERGROUND SERVICE ALERT 1. UNDERGROUND SERVICE ALERT HAS BEEN CONTACTED AND HAS PROVIDED INQUIRY I.D.# NOTICE TO CONTRACTORS PURSUANT TO ASSEMBLY BILL 3019, NO EXCAVATION PERMIT IS VALID UNLESS THE FOLLOWING IS PERFORMED: R. MODEL 2070E CONTROLLER ASSEMBLIES: O. BATTERY BACK-UP SYSTEM: Q. EMERGENCY VEHICLE PRE-EMPTION: H. L.E.D. DRIVER: G. LUMINARIES: N. DETECTION: M. PEDESTRIAN SIGNALS: L. VEHICLE SIGNAL FACES AND SIGNAL HEADS: K. SERVICE: F. PULL BOXES: E. CONDUIT: D. STANDARDS, STEEL PEDESTALS AND POSTS: C. FOUNDATIONS: B. EQUIPMENT LIST AND DRAWINGS: A. DESCRIPTION: 6A 1220 Baud Internal Modem ESPLANADE AVENUE WIDENING PROJECT TITLE SHEET AND SPECIAL PROVISIONS CITY OF SAN JACINTO I. CONDUCTORS AND WIRING: BONDING AND GROUTING: J. P. INTERNALLY ILLUMINATED STREET NAME SIGNS: GENERAL TRAFFIC SIGNAL NOTES: TRAFFIC SIGNAL PLANS SIGNING AND STRIPING PLANS 7TH STREET ESPLANADE AVENUE

WARREN ROAD

CAWSTON AVENUE

SANDERSON AVENUE
KIRBY STREET PROJECT LOCATION COUNTY OF RIVERSIDE CITY OF HEMET ENGINEERING GROUP INC. 4 SIGNING AND STRIPING PLAN ESPLANADE AVE - WARREN RD TO STA. 108+00 5 SIGNING AND STRIPING PLAN ESPLANADE AVE - STA. 108+00 TO STA. 139+00 6 SIGNING AND STRIPING PLAN ESPLANADE AVE - STA. 139+00 TO STA. 160+00 7 SIGNING AND STRIPING PLAN CAWSTON AVE - SOUTH OF ESPLANADE AVE AT CAWSTON AVE GENERAL SIGNING & STRIPING NOTES: 8 SIGNING AND STRIPING PLAN ESPLANADE AVE - STA. 160+00 TO SANDERSON AVE 4.1.a Packet Pg. 185
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 8'' G 8'' G T T T 96+00 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 16'' W 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G 8'' G
39'' W 39'' W 39'' W
39'' W
39'' W
39'' W
39'' W 39'' W 39'' W T T T T T T T T T T T T T T T T T W W W W W W W W W 100+00 101+00 11+00 99+00 6'' W 6'' W 6'' W 6'' W 6'' W 6'' W 16'' W 8'' G 8'' G 16'' W 16'' W 39'' W 39'' W 104+00 6'' W 6'' W POLE AND EQUIPMENT SCHEDULE ESPLANADE AVENUE (50 MPH) GENERAL TRAFFIC SIGNAL NOTES: CONSTRUCTION NOTES (THIS SHEET): DATE NO. DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO 28 CITY OF SAN JACINTO WARREN ROAD AT ESPLANADE AVENUE TRAFFIC SIGNAL PLAN CONDUCTOR SCHEDULE F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN WARREN ROAD (55 MPH) SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# COUNTY OF RIVERSIDE CITY OF HEMET ENGINEERING GROUP INC. PROPOSED PHASE DIAGRAM 4.1.a Packet Pg. 186
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 20'' ABAND IRR 20'' ABAND IRR 18'' W 18'' W T T T 39'' W 39'' W 39'' W 6'' SS 6'' SS 151+00 16'' IRR 16'' IRR 16'' IRR 16'' IRR 16'' IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 20'' ABAND IRR 18'' W 18'' W 18'' W 18'' W 18'' W 18'' W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 8'' ABAND W 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' SS 24'' REC W 24'' REC W 24'' REC W T T T T T T T T T T T T T T T

IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR
75'' W 75'' W 75'' W 75'' W 75'' W 75'' W 8'' SS 8'' SS 8'' SS 8'' SS 24'' REC W 24'' REC W 24'' REC W
24'' REC W 20'' SS
20'' SS
20'' SS
20'' SS
20'' SS
20'' SS
20'' SS W 24'' REC W T T T T T T T T T T T T T T 4'' W 4'' W 4'' W 4'' W 4'' W 4'' W 18'' SD 18'' SD 18'' SD 12'' SD 12'' SD 12'' SD 12'' SD 20'' SS 20'' SS 20'' SS 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 39'' W 2'' W 2'' W 2'' W 2'' W 2'' W 2'' W 2'' W 2'' W 6'' SS 6'' SS 6'' SS 60" CMLC WL 60" CMLC WL 154+00 155+00 156+00 10+00
11+00 MW 16'' IRR 16'' IRR 20'' ABAND IRR 20'' ABAND IRR 8'' ABAND W 8'' ABAND W T T 4'' W 4'' W 4'' W 39'' W 39'' W 39'' W 24'' SS 24'' SS
24'' SS 24'' SS T T
2'' W 2'' W
20'' SS 20'' SS
24'' SS 24'' SS ESPLANADE AVENUE (50 MPH) GENERAL TRAFFIC SIGNAL NOTES: CONSTRUCTION NOTES (THIS SHEET): PROPOSED PHASE DIAGRAM CONDUCTOR SCHEDULE CAWSTON AVENUE (45 MPH) POLE AND EQUIPMENT SCHEDULE DETAIL 'A' DATE NO. DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO 38 CITY OF SAN JACINTO WARREN ROAD AT ESPLANADE AVENUE TRAFFIC SIGNAL PLAN F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# CITY OF HEMET ENGINEERING GROUP INC. 4.1.a Packet Pg. 187
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 100+00 101+00 102+00 103+00 104+00 105+00 106+00 107+00 108+00 9+00
11+00 99+00 97+00 98+00 96+00
101+00
12+00 13+00 14+00 94+00 95+00 96+00 ESPLANADE AVENUE (50 MPH) SIGN LEGEND: DATE NO. DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO 48 CITY OF SAN JACINTO ESPLANADE AVE - WARREN RD TO STA. 108+00 SIGNING AND STRIPING PLAN F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# COUNTY OF RIVERSIDE CITY OF HEMET ENGINEERING GROUP INC. MATCHLINE SEE UPPER RIGHT MATCHLINE SEE LOWER LEFT WARREN ROAD (55 MPH) DRIVEWAY DRIVEWAY
MATCHLINE SEE SHEET 5
MATCHLINE SEE LOWER LEFT ESPLANADE AVENUE (50 MPH) MATCHLINE SEE UPPER RIGHT SIGNING AND STRIPING NOTES: CONSTRUCTION NOTES (THIS SHEET): DETAIL "A" 4.1.a Packet Pg. 188
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 4'' G 4'' G 108+00 109+00 110+00 111+00 112+00 113+00 114+00 115+00 116+00 117+00 118+00 119+00 120+00 121+00 14'' IRR
14'' IRR 14'' IRR 14'' IRR
14'' IRR 14'' IRR 14'' IRR
14'' IRR 14'' IRR 14'' IRR
4'' G 4'' G 4'' G
4'' G
4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G
4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G
4'' G
4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G
4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G 4'' G
4'' G 4'' G 4'' G 4'' G 4'' G 121+00 122+00 123+00 124+00 125+00 126+00 127+00 128+00 129+00 130+00 131+00 132+00 133+00 134+00 134+00 135+00 136+00 137+00 138+00 139+00 SIGN LEGEND: DATE NO. DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO 58 CITY OF SAN JACINTO ESPLANADE AVE - STA. 108+00 TO STA. 139+00 SIGNING AND STRIPING PLAN F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# CITY OF HEMET ENGINEERING GROUP INC.

MATCHLINE SEE SHEET 4

MATCHLINE SEE MIDDLE LEFT

MATCHLINE SEE UPPER RIGHT

MATCHLINE SEE LOWER LEFT

MATCHLINE SEE MIDDLE RIGHT
MATCHLINE SEE SHEET 6 ESPLANADE AVENUE (50 MPH) ESPLANADE AVENUE (50 MPH) ESPLANADE AVENUE (50 MPH) ALABASTER DRIVE (25 MPH) CINNABAR AVENUE (25 MPH) ANZA TRAIL (FUTURE) SIGNING AND STRIPING NOTES: 4.1.a Packet Pg. 189
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 139+00 140+00 141+00 142+00 143+00 144+00 145+00 146+00 147+00 148+00 149+00 150+00 150+00 151+00 152+00 153+00 154+00 155+00 156+00 157+00 158+00 159+00 160+00 9+00 10+00
11+00 12+00 DATE NO. DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO 68 CITY OF SAN JACINTO ESPLANADE AVE - STA. 139+00 TO STA. 160+00 SIGNING AND STRIPING PLAN F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# CITY OF HEMET ENGINEERING GROUP INC.

MATCHLINE SEE SHEET 5

MATCHLINE SEE MIDDLE LEFT

MATCHLINE SEE UPPER RIGHT

MATCHLINE SEE LOWER LEFT
MATCHLINE SEE SHEET 8
MATCHLINE SEE MIDDLE RIGHT MATCHLINE SEE LOWER RIGHT MATCHLINE SEE SHEET 7 MATCHLINE SEE UPPER LEFT ESPLANADE AVENUE (50 MPH) CAWSTON AVENUE (45 MPH) ESPLANADE AVENUE (50 MPH) ESPLANADE AVENUE (50 MPH) CAWSTON AVENUE (45 MPH) SIGNING AND STRIPING NOTES: SIGN LEGEND: 4.1.a Packet Pg. 190
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) DATE NO. DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO 78 CITY OF SAN JACINTO SOUTH OF CAWSTON AVE AT ESPLANADE AVE SIGNING AND STRIPING PLAN F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# CITY OF HEMET ENGINEERING GROUP INC. MATCHLINE SEE SHEET 6 SIGNING AND STRIPING NOTES: SIGN LEGEND:

CAWSTON AVENUE (45 MPH)

4.1.a
Packet Pg. 191
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 12'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 18'' SD 160+00 161+00 162+00 163+00 164+00 165+00 166+00 167+00 168+00 169+00 170+00 171+00 172+00 173+00 173+00 174+00 175+00 176+00 177+00 178+00 179+00 180+00 181+00 182+00 SIGN LEGEND: DATE NO. DATE: DATE: RECOMMENDED BY: APPR. DATE DATE: DRAWN BY: DATE: DESIGNED BY: CHECKED BY: CITY OF SAN JACINTO 88 CITY OF SAN JACINTO ESPLANADE AVE - STA. 160+00 TO SANDERSON AVE SIGNING AND STRIPING PLAN F F C A L I O T E R O RSEALS S E T I R E G E R NNo. 20285 I L Exp. 9/30/27 T A C I V N A I E O F E S S P R DE I O N L A E I N E RT G OB R KAHN SCALE: H: V: SERVICE ADDRESS: SIGNAL ENERGIZED: SG# CITY OF HEMET ENGINEERING GROUP INC.

MATCHLINE SEE SHEET 6

MATCHLINE SEE LOWER LEFT
MATCHLINE SEE UPPER RIGHT ESPLANADE AVENUE (50 MPH) SANDERSON AVENUE (50 MPH) ESPLANADE AVENUE (50 MPH) SANDERSON AVENUE (45 MPH) DRIVEWAY SIGNING AND STRIPING NOTES: 4.1.a Packet Pg. 192
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) Solid Casing - 4"
Sch 80 PVC with
Flush Threaded
Connections
10" Borehole
Screened Casing
4" Sch 80 PVC with
Flush Threaded
Connections
0 bgs
Ground Surface
4' x 4' x 4" Concrete Pad
Traffic Rated Flush Lid
Cap
Bottom Cap
Traffic Rated Vault
Sanitary Seal
Transition Seal
Pellet Seal
Filter Pack
Transition Sand
bgs: Below Ground Surface
Not to Scale
Well Detail for HE-07
5 feet bgs
165 feet bgs
170 feet bgs
175 feet bgs
180 feet bgs
205 feet bgs
210 feet bgs
190 feet bgs (estimated)
W-1

4.1.a
Packet Pg. 193 Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road W-2 4.1.a
Packet Pg. 194
Attachment: Bid Plan Set - Esplanade - Addendum 5 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) City of San Jacinto
Bid Results for Project ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD TO SANDERSON AVENUE Issued on 12/22/2025
Bid Due on February 19, 2026 2:00 PM (PST)
Exported on 02/19/2026
Line Totals (Unit Price * Quantity)
Granite Construction
Company
Granite Construction
Company
Universal Construction
and Engineering
Universal Construction
and Engineering Mamco Inc Mamco Inc
Riverside Construction
Company, Inc.

Riverside Construction
Company, Inc. Vance Corporation Vance Corporation All American Asphalt All American Asphalt Item Num Section Item Code Description Unit of Measure Quantity Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 BASE BID SCHEDULE 1 Mobilization LS 1 $375,000.00 $375,000.00 $516,800.00 $516,800.00 $380,977.90 $380,977.90 $420,000.00 $420,000.00 $682,000.00 $682,000.00 $425,000.00 $425,000.00 2 BASE BID SCHEDULE 2 Traffic Control LS 1 $69,735.00 $69,735.00 $184,955.80 $184,955.80 $110,000.00 $110,000.00 $300,000.00 $300,000.00 $218,501.00 $218,501.00 $430,000.00 $430,000.00 3 BASE BID SCHEDULE 3 Water Pollution Control LS 1 $15,000.00 $15,000.00 $27,040.00 $27,040.00 $50,000.00 $50,000.00 $80,000.00 $80,000.00 $39,555.00 $39,555.00 $10,000.00 $10,000.00 4 BASE BID SCHEDULE 4 Clearing & Grubbing LS 1 $190,000.00 $190,000.00 $58,978.85 $58,978.85 $35,000.00 $35,000.00 $200,000.00 $200,000.00 $14,049.00 $14,049.00 $10,000.00 $10,000.00 5 BASE BID SCHEDULE 5 Saw Cut LF 11781 $4.00 $47,124.00 $2.00 $23,562.00 $2.50 $29,452.50 $4.00 $47,124.00 $3.50 $41,233.50 $3.15 $37,110.15 6 BASE BID SCHEDULE 6 Remove & Dispose Existing Pavement and Base CY 13338 $27.00 $360,126.00 $34.25 $456,826.50 $31.50 $420,147.00 $35.00 $466,830.00 $14.00 $186,732.00 $45.00 $600,210.00 7 BASE BID SCHEDULE 7 Remove & Dispose Existing AC Berm LF 1074 $6.50 $6,981.00 $12.80 $13,747.20 $10.00 $10,740.00 $9.00 $9,666.00 $10.00 $10,740.00 $2.00 $2,148.00 8 BASE BID SCHEDULE 8 Remove & Dispose Existing 18" CMP LF 170 $45.00 $7,650.00 $40.00 $6,800.00 $37.00 $6,290.00 $40.00 $6,800.00 $32.00 $5,440.00 $30.00 $5,100.00 9 BASE BID SCHEDULE 9 Remove & Dispose Existing 12" CMP LF 40 $45.00 $1,800.00 $40.00 $1,600.00 $37.00 $1,480.00 $60.00 $2,400.00 $68.00 $2,720.00 $60.00 $2,400.00 10 BASE BID SCHEDULE 10 Remove & Dispose Existing Headwalls per Construction Note #4 EA 4 $2,000.00 $8,000.00 $1,500.00 $6,000.00 $2,500.00 $10,000.00 $2,500.00 $10,000.00 $1,252.00 $5,008.00 $2,700.00 $10,800.00 11 BASE BID SCHEDULE 11 Remove & Dispose Existing Reflector Delineators LS 1 $600.00 $600.00 $4,500.00 $4,500.00 $1,000.00 $1,000.00 $500.00 $500.00 $999.00 $999.00 $500.00 $500.00 12 BASE BID SCHEDULE 12 NOT USED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1.00 $0.00 $0.00 $0.00 $0.00 $0.00 13 BASE BID SCHEDULE 13 Remove & Dispose Existing Guard Rail LF 40 $96.00 $3,840.00 $129.25 $5,170.00 $100.00 $4,000.00 $96.00 $3,840.00 $117.00 $4,680.00 $100.00 $4,000.00 14 BASE BID SCHEDULE 14 Relocate Existing Fencing and Gates LF 468 $96.00 $44,928.00 $84.50 $39,546.00 $82.00 $38,376.00 $96.00 $44,928.00 $59.00 $27,612.00 $100.00 $46,800.00 15 BASE BID SCHEDULE 15 Relocate Existing Mailbox EA 1 $1,500.00 $1,500.00 $500.00 $500.00 $500.00 $500.00 $965.00 $965.00 $377.00 $377.00 $500.00 $500.00 16 BASE BID SCHEDULE 16 Remove & Dispose Existing Frontier Pole EA 1 $2,100.00 $2,100.00 $1,590.45 $1,590.45 $4,500.00 $4,500.00 $2,500.00 $2,500.00 $5,260.00 $5,260.00 $2,500.00 $2,500.00 17 BASE BID SCHEDULE 17 Cold Mill 0.12' Asphalt Concrete SF 78358 $1.00 $78,358.00 $0.39 $30,559.62 $0.45 $35,261.10 $0.40 $31,343.20 $0.44 $34,477.52 $0.30 $23,507.40 18 BASE BID SCHEDULE 18 Asphalt Concrete TON 10504 $125.00 $1,313,000.00 $117.52 $1,234,430.08 $120.00 $1,260,480.00 $99.50 $1,045,148.00 $123.00 $1,291,992.00 $108.00 $1,134,432.00 19 BASE BID SCHEDULE 19 Class 2 Aggregate Base TON 24619 $26.00 $640,094.00 $26.25 $646,248.75 $42.00 $1,033,998.00 $40.00 $984,760.00 $21.00 $516,999.00 $20.00 $492,380.00 20 BASE BID SCHEDULE 20 Remove and Salvage Signage EA 9 $50.00 $450.00 $330.50 $2,974.50 $400.00 $3,600.00 $150.00 $1,350.00 $111.00 $999.00 $150.00 $1,350.00 21 BASE BID SCHEDULE 21 Construct Sidewalk per County of Riverside Std 401 SF 40078 $12.00 $480,936.00 $9.25 $370,721.50 $7.25 $290,565.50 $9.00 $360,702.00 $7.95 $318,620.10 $6.25 $250,487.50 22 BASE BID SCHEDULE 22 Construct Type "A-8" Curb & Gutter per County of Riverside Std 201 LF 7237 $47.00 $340,139.00 $39.50 $285,861.50 $31.00 $224,347.00 $30.00 $217,110.00 $40.00 $289,480.00 $33.00 $238,821.00 23 BASE BID SCHEDULE 23 Construct Residential Driveway per County of Riverside Std 207 EA 5 $2,500.00 $12,500.00 $2,754.95 $13,774.75 $4,000.00 $20,000.00 $6,200.00 $31,000.00 $7,601.00 $38,005.00 $6,600.00 $33,000.00 24 BASE BID SCHEDULE 24 Construct Access Ramp per ADA & County of Riverside Std 403 EA 5 $7,700.00 $38,500.00 $7,046.95 $35,234.75 $8,000.00 $40,000.00 $10,500.00 $52,500.00 $7,601.00 $38,005.00 $10,500.00 $52,500.00 25 BASE BID SCHEDULE 25 Potholing (Exploratory Excavations) LS 1 $38,000.00 $38,000.00 $55,500.00 $55,500.00 $20,000.00 $20,000.00 $85,000.00 $85,000.00 $16,038.00 $16,038.00 $18,000.00 $18,000.00 26 BASE BID SCHEDULE 26 Construct Commercial Driveway per County of Riverside Std 207A EA 2 $25,000.00 $50,000.00 $23,290.00 $46,580.00 $16,000.00 $32,000.00 $16,000.00 $32,000.00 $20,479.00 $40,958.00 $23,000.00 $46,000.00 27 BASE BID SCHEDULE 27 Over Excavation and Subgrade Preparation CY 15566 $5.50 $85,613.00 $8.40 $130,754.40 $30.00 $466,980.00 $9.32 $145,075.12 $7.08 $110,207.28 $14.50 $225,707.00 28 BASE BID SCHEDULE 28 NOT USED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1.00 $0.00 $0.00 $0.00 $0.00 $0.00 29 BASE BID SCHEDULE 29 Construct Monitoring Well per Sheet No. W-1 LS 1 $30,000.00 $30,000.00 $48,339.50 $48,339.50 $74,800.00 $74,800.00 $85,000.00 $85,000.00 $94,511.00 $94,511.00 $95,000.00 $95,000.00 30 BASE BID SCHEDULE 30 Construct Single Headwalls per Caltrans Std D89A EA 7 $7,800.00 $54,600.00 $8,125.00 $56,875.00 $8,000.00 $56,000.00 $15,000.00 $105,000.00 $12,951.00 $90,657.00 $11,500.00 $80,500.00 31 BASE BID SCHEDULE 31 Construct Concrete Collar per RCFC & WD Std M803 EA 1 $2,500.00 $2,500.00 $2,065.00 $2,065.00 $2,000.00 $2,000.00 $1,600.00 $1,600.00 $2,472.00 $2,472.00 $2,200.00 $2,200.00 32 BASE BID SCHEDULE 32 Channel Excavation CY 9125 $27.00 $246,375.00 $27.80 $253,675.00 $32.00 $292,000.00 $14.00 $127,750.00 $26.00 $237,250.00 $78.00 $711,750.00 33 BASE BID SCHEDULE 33 NOT USED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 34 BASE BID SCHEDULE 34 Construct Junction Structure No. 8 Per RCFC Std JS233 EA 8 $15,000.00 $120,000.00 $5,740.00 $45,920.00 $6,000.00 $48,000.00 $15,000.00 $120,000.00 $11,930.00 $95,440.00 $14,000.00 $112,000.00 35 BASE BID SCHEDULE 35 NOT USED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 36 BASE BID SCHEDULE 36 NOT USED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 37 BASE BID SCHEDULE 37 Construct Manhole No. 1 per RCFC & WCD STD MH251 EA 9 $9,200.00 $82,800.00 $10,730.00 $96,570.00 $10,500.00 $94,500.00 $10,500.00 $94,500.00 $16,813.00 $151,317.00 $15,000.00 $135,000.00 38 BASE BID SCHEDULE 38 Construct 42" OD Steel Pipe Casing EMWD STD. B-575 LF 60 $550.00 $33,000.00 $1,376.00 $82,560.00 $740.00 $44,400.00 $550.00 $33,000.00 $2,178.00 $130,680.00 $1,940.00 $116,400.00 39 BASE BID SCHEDULE 39 Construct 4' Wide Curb Inlet Catch Basin per County of Riverside Std 300 EA 11 $6,500.00 $71,500.00 $6,508.00 $71,588.00 $4,800.00 $52,800.00 $10,000.00 $110,000.00 $11,397.00 $125,367.00 $10,000.00 $110,000.00 40 BASE BID SCHEDULE 40 Construct Depression for Curb Opening Catch Basin, Case C, per County of Riverside Std 311 SF 1584 $25.00 $39,600.00 $18.00 $28,512.00 $9.00 $14,256.00 $20.00 $31,680.00 $20.00 $31,680.00 $18.00 $28,512.00 41 BASE BID SCHEDULE 41 Construct 12" RCP LF 396 $210.00 $83,160.00 $305.00 $120,780.00 $240.00 $95,040.00 $250.00 $99,000.00 $644.00 $255,024.00 $500.00 $198,000.00 42 BASE BID SCHEDULE 42 Construct 18" RCP LF 745 $310.00 $230,950.00 $180.00 $134,100.00 $203.00 $151,235.00 $320.00 $238,400.00 $413.00 $307,685.00 $300.00 $223,500.00 43 BASE BID SCHEDULE 43 Construct 30" RCP LF 2123 $400.00 $849,200.00 $380.00 $806,740.00 $335.00 $711,205.00 $335.00 $711,205.00 $527.00 $1,118,821.00 $425.00 $902,275.00 44 BASE BID SCHEDULE 44 Install Rip-Rap TON 10726 $65.00 $697,190.00 $63.25 $678,419.50 $82.00 $879,532.00 $80.00 $858,080.00 $80.00 $858,080.00 $90.00 $965,340.00 45 BASE BID SCHEDULE 45 Type 1 Slurry Seal SY 5697 $4.00 $22,788.00 $3.30 $18,800.10 $5.00 $28,485.00 $3.00 $17,091.00 $4.68 $26,661.96 $4.80 $27,345.60 46 BASE BID SCHEDULE 46 Crack Seal LS 1 $12,500.00 $12,500.00 $10,450.00 $10,450.00 $9,300.00 $9,300.00 $9,500.00 $9,500.00 $7,444.00 $7,444.00 $8,500.00 $8,500.00 47 BASE BID SCHEDULE 47 Construct Modified Dual-Pipe Junction Structure Per RCFC STD JS233 LS 1 $11,000.00 $11,000.00 $6,128.00 $6,128.00 $8,000.00 $8,000.00 $25,000.00 $25,000.00 $28,256.00 $28,256.00 $25,000.00 $25,000.00 48 BASE BID SCHEDULE 48 Install TUMF Sign per Specifications LS 1 $2,000.00 $2,000.00 $1,400.00 $1,400.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00 $1,756.00 $1,756.00 $3,500.00 $3,500.00 49 BASE BID SCHEDULE 49 Install Traffic Signal at Warren & Esplanade Ave LS 1 $488,921.00 $488,921.00 $499,935.00 $499,935.00 $544,000.00 $544,000.00 $450,000.00 $450,000.00 $561,741.00 $561,741.00 $470,000.00 $470,000.00 50 BASE BID SCHEDULE 50 Install Traffic Signal at Cawston & Esplanade Ave LS 1 $447,100.00 $447,100.00 $473,685.00 $473,685.00 $497,000.00 $497,000.00 $430,000.00 $430,000.00 $504,397.00 $504,397.00 $450,000.00 $450,000.00 51 BASE BID SCHEDULE 51 Signing, Striping, and Pavement Markings LS 1 $75,000.00 $75,000.00 $71,497.80 $71,497.80 $75,000.00 $75,000.00 $65,000.00 $65,000.00 $66,471.00 $66,471.00 $70,000.00 $70,000.00 Subtotal $7,812,158.00 $7,708,296.55 $8,210,748.00 $8,195,847.32 $8,636,398.36 $8,838,075.65 52 EMWD ADDITIVE ALT 1A Adjust to Grade Existing EMWD Manholes EA 7 $2,325.00 $16,275.00 $32,000.00 $224,000.00 $5,000.00 $35,000.00 $3,300.00 $23,100.00 $1,423.00 $9,961.00 $1,785.00 $12,495.00 53 EMWD ADDITIVE ALT 2A Adjust to Grade Existing EMWD Water Valve Covers EA 11 $1,325.00 $14,575.00 $2,400.00 $26,400.00 $1,000.00 $11,000.00 $2,500.00 $27,500.00 $467.00 $5,137.00 $1,150.00 $12,650.00 54 EMWD ADDITIVE ALT 3A Relocate Existing EMWD Marker Post EA 30 $220.00 $6,600.00 $225.00 $6,750.00 $500.00 $15,000.00 $230.00 $6,900.00 $118.00 $3,540.00 $50.00 $1,500.00 55 EMWD ADDITIVE ALT 4A Relocate Existing EMWD Pedestal EA 1 $5,000.00 $5,000.00 $10,250.00 $10,250.00 $9,000.00 $9,000.00 $925.00 $925.00 $17,294.00 $17,294.00 $15,000.00 $15,000.00 56 EMWD ADDITIVE ALT 5A Relocate Existing EMWD Air Vac EA 3 $8,000.00 $24,000.00 $8,790.00 $26,370.00 $4,500.00 $13,500.00 $10,000.00 $30,000.00 $8,713.00 $26,139.00 $7,750.00 $23,250.00 57 EMWD ADDITIVE ALT 6A Relocate Existing EMWD Test Station EA 24 $4,500.00 $108,000.00 $3,200.00 $76,800.00 $5,800.00 $139,200.00 $7,700.00 $184,800.00 $3,708.00 $88,992.00 $3,300.00 $79,200.00 58 EMWD ADDITIVE ALT 7A Relocate Existing EMWD Blow Off EA 1 $7,100.00 $7,100.00 $6,000.00 $6,000.00 $4,500.00 $4,500.00 $13,200.00 $13,200.00 $8,653.00 $8,653.00 $7,700.00 $7,700.00 59 EMWD ADDITIVE ALT 8A Relocate Existing EMWD Water Valve EA 1 $3,000.00 $3,000.00 $13,000.00 $13,000.00 $3,000.00 $3,000.00 $6,200.00 $6,200.00 $24,487.00 $24,487.00 $22,000.00 $22,000.00 60 EMWD ADDITIVE ALT 9A Relocate Existing EMWD Fire Hydrant EA 2 $5,500.00 $11,000.00 $9,417.00 $18,834.00 $4,500.00 $9,000.00 $14,100.00 $28,200.00 $9,844.00 $19,688.00 $8,750.00 $17,500.00 61 EMWD ADDITIVE ALT 10A Relocate Existing EMWD Water Meter EA 2 $7,200.00 $14,400.00 $3,762.00 $7,524.00 $7,700.00 $15,400.00 $4,000.00 $8,000.00 $10,908.00 $21,816.00 $9,700.00 $19,400.00 62 EMWD ADDITIVE ALT 11A Relocate Existing EMWD Backflow EA 1 $4,700.00 $4,700.00 $3,100.00 $3,100.00 $4,500.00 $4,500.00 $10,000.00 $10,000.00 $9,844.00 $9,844.00 $8,750.00 $8,750.00 63 EMWD ADDITIVE ALT 12A Adjust to Grade Existing EMWD Test Station EA 15 $3,800.00 $57,000.00 $700.00 $10,500.00 $1,000.00 $15,000.00 $850.00 $12,750.00 $1,756.00 $26,340.00 $835.00 $12,525.00 Subtotal $271,650.00 $429,528.00 $274,100.00 $351,575.00 $261,891.00 $231,970.00 Total $8,083,808.00 $8,137,824.55 $8,484,848.00 $8,547,422.32 $8,898,289.36 $9,070,045.65

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Packet Pg. 195 Attachment: Bid Result List (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145)) City of San Jacinto
Bid Results for Project ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD TO SANDERSON AVENUE Issued on 12/22/2025
Bid Due on February 19, 2026 2:00 PM (PST)
Exported on 02/19/2026
Section/Bidder Bid Amount Responsive

BASE BID SCHEDULE
Universal Construction and Engineering $7,708,296.55
Granite Construction Company $7,812,158.00
Riverside Construction Company, Inc. $8,195,847.32
Mamco Inc $8,210,748.00
Vance Corporation $8,636,398.36
All American Asphalt $8,838,075.65

EMWD ADDITIVE ALTERNATE BID SCHEDULE
All American Asphalt $231,970.00
Vance Corporation $261,891.00
Granite Construction Company $271,650.00
Mamco Inc $274,100.00
Riverside Construction Company, Inc. $351,575.00
Universal Construction and Engineering $429,528.00

4.1.b
Packet Pg. 196 Attachment: Bid Result List (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-145))

CITY OF SAN JACINTO
ADDENDUM No. 5

CONTRACT DOCUMENTS

AND SPECIFICATIONS
FOR
ESPLANADE AVENUE WIDENING PHASE 1 WARREN

ROAD TO SANDERSON AVENUE
CONTRACT NO. CIP #06-145
FEBRUARY 2026
PREPARED BY:

OFFICE OF THE CITY ENGINEER
BID OPENING – FEBRUARY 19, 2026, 2:00 PM
PlanetBids Website
Expected Bid Award: MARCH 03, 2026
Anticipated Start of Construction: MARCH 21, 2026
Mandatory Pre-Bid Meeting: January 15, 2026

4.1.c
Packet Pg. 197 Attachment: Contract Docs and Specifications - SJ-222 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-

CITY OF SAN JACINTO

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD

TO SANDERSON AVENUE
REVIEWED: _________________________ DATE: ___________________ APPROVED: _________________________ DATE: ___________________ Stuart E. McKibbin, Contract City Engineer

4.1.c
Packet Pg. 198 Attachment: Contract Docs and Specifications - SJ-222 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06- Project Information Sheet
Project: ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD

TO SANDERSON AVENUE
Bid Opening Date: FEBRUARY 19, 2026 @ 2:00 PM
Expected Bid Award Date: MARCH 03, 2026
Anticipated Start Date: MARCH 21, 2026
Construction Time: 165 Working Days
Liquidated Damages: **$1,000 per calendar day**
Project Description: Widen Esplanade Avenue from two lanes to four lanes (two lanes in each direction), center
turn lane, installation of traffic signals at
Esplanade Avenue and at Cawston Avenue,
with sidewalk and drainage facility along the
north side of Esplanade Avenue.

Engineer’s Estimate is $10,000,000
For Technical Inquiries: Please post all questions on
PlanetBids website
Note: See specifications for details regarding the above information.

4.1.c
Packet Pg. 199 Attachment: Contract Docs and Specifications - SJ-222 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06-

TABLE OF CONTENTS
-i00 11 16 – NOTICE INVITING BIDS......................................................................................A-1 00 21 13 – INSTRUCTIONS TO BIDDERS............................................................................B-1 00 41 43 – BID FORMS .........................................................................................................C-1 00 52 13 – CONTRACT FOR CONSTRUCTION ...................................................................D-1 00 61 13 – BOND FORMS.....................................................................................................E-1 00 72 00 – GENERAL CONDITIONS..................................................................................GC-1 00 73 13 – SPECIAL CONDITIONS.................................................................................... SC-1 TECHNICAL SPECIFICATIONS..........................................................................................TS-1 PLANS AND DRAWINGS....................................................................................APPENDIX “A” CONTRACT FORMS……………………………………………………………………APPENDIX "B"
PREVAILING WAGE RATES – FEDERAL GENERAL DECISION………………..APPENDIX "C" GEOTECHNICAL REPORT…………………………………………..………………..APPENDIX "D" SOUTHERN CALIFORNIA EDISON DRAWINGS..………………..………………..APPENDIX "E" ADDENDUM 5

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Packet Pg. 200 Attachment: Contract Docs and Specifications - SJ-222 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06- ESPLANADE AVENUE WIDENING PHASE 1

WARREN ROAD TO SANDERSON AVENUE
A-1 00 11 16 – NOTICE INVITING BIDS
00 11 16 – NOTICE INVITING BIDS
ENGINEER’S ESTIMATE BASE BID: $10,000,000

QUESTIONS REGARDING THE PROJECT MUST BE POSTED ON PLANETBIDS FOR RESPONSE. QUESTIONS DEADLINE: JANUARY 30, 2026 @ 5:00pm NOTICE IS HEREBY GIVEN that the City of San Jacinto (“City”), with its principal place of business at 595 S. San Jacinto Ave, San Jacinto, CA 92583 invites and will receive sealed bids (“Bids”) up to but not later than 2:00 PM on FEBRUARY 19, 2026 online on PlanetBids for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD TO SANDERSON AVENUE . At said time, Bids will be publicly opened. Bids received after said time will not be accepted. Bids shall be valid for a period of 90 calendar days after the bid opening date.

This project consists of widening Esplanade Avenue from two lanes to four lanes (two lanes in each direction), center turn lane, installation of traffic signals at Esplanade Avenue and at Cawston Avenue, with sidewalk and drainage facility along the north side of Esplanade Avenue Bids must be submitted on the Bid Forms found in this document. Bidders may obtain a copy of the Contract Documents and Plans from www.planetbids.com. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective Bidder to download and print all Contract Documents and Plans for review and to verify the completeness of Contract Documents before submitting a bid. Any addenda will be posted on www.planetbids.com. It is the responsibility of each prospective Bidder to check www.planetbids.com on a daily basis through the close of receiving bids for any applicable addenda or updates. City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Contract Documents or Plans. Information on www.planetbids.com may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by www.planetbids.com.

Each Bid shall be accompanied by cash, a certified check, cashier’s check, or bid bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to the City as bid security. The bid security shall be provided as a guarantee that within ten (10) days after City provides the successful Bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.

A mandatory Pre-Bid Conference is scheduled for January 15, 2026, at 10:00AM to review the Project's existing conditions at the Circle K gas station located at 1450 S Sanderson Ave, San Jacinto, CA 92582. Representatives of City and consulting engineers, if any, will be present. Bids will not be accepted from any bidder who did not attend the mandatory Pre-Bid Conference. • Date: January 15, 2026
• Time: 10:00 AM
• Location: 1450 S Sanderson Ave, San Jacinto, CA 92582 ADDENDUM 4

4.1.c
Packet Pg. 201 Attachment: Contract Docs and Specifications - SJ-222 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06- ESPLANADE AVENUE WIDENING PHASE 1

WARREN ROAD TO SANDERSON AVENUE
A-2 00 11 16 – NOTICE INVITING BIDS
The successful Bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract.

Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Riverside County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Bid.

Unless otherwise provided in the Instructions to Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract:

CLASS A CONTRACTOR’S LICENSE
Substitution requests shall be made within 35 calendar days after the award of the Contract.

Pursuant to Public Contract Code Section 3400(b), City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by City from the Base Bid Schedule plus the EMWD Additive Alternate Bid Schedule.

City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding process.

For further information, contact Mohanad Alami, at [email protected] or (951) 723-5264.

END OF NOTICE INVITING BIDS
ADDENDUM 1

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Packet Pg. 202 Attachment: Contract Docs and Specifications - SJ-222 (Esplanade Avenue Widening Phase 1 Warren Road to Sanderson Avenue (CIP# 06- ESPLANADE AVENUE WIDENING PHASE 1

WARREN ROAD TO SANDERSON AVENUE
B-1 00 21 13 – INSTRUCTIONS TO BIDDERS
00 21 13 – INSTRUCTIONS TO BIDDERS
ARTICLE 1. SECURING DOCUMENTS
Bids must be submitted to City on the Bid Forms through PlanetBids Website which are a part of the Contract Documents for the Project. Contract Documents may be obtained as specified in the Notice Inviting Bids. Prospective Bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact City to obtain the required Contract Documents if they decide to submit a Bid for the Project.

ARTICLE 2. BIDS
Bids shall include a completed Bid Schedule and shall be submitted on the forms prepared for this Project through PlanetBids by the time stipulated in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that his Bid is received in proper time. Any Bid submitted after the scheduled closing time will not be accepted. A Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder, or his properly authorized representative.

The Bids will be opened as stipulated in the Notice Inviting Bids.

Unauthorized conditions, limitations, or provisions attached to a Bid may render it nonresponsive and may cause its rejection. The completed Bid forms shall be without interlineations, alterations, or erasures. Oral, telegraphic, or telephonic bids or modifications will not be considered.

The Bidder shall furnish a price for all bid items in the Bid and failure to do so may render the Bid nonresponsive and may cause its rejection. In the event the total indicated for the schedule does not agree with the sum of the prices for the individual items, the individual item prices shall govern and the total for the schedule may be corrected accordingly.

ARTICLE 3. EXAMINATION OF PLANS, SPECIFICATIONS, PROVISIONS, & PROJECT SITE At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein and made part of the Contract Documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract Documents. The failure or omission of any Bidder to receive or examine the Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and ADDENDUM 1

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acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under state law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

The bidder shall examine carefully the site of the project and the plans and specifications for the work contemplated. It will be assumed that the bidder has investigated and is satisfied with the conditions to be encountered as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications. The plans for the work will show conditions as they are supposed or believed by the engineer to exist but is not intended nor is to be inferred that the conditions as shown thereon constitute a representation by the city or its officers that such conditions are actually existent.

ARTICLE 4. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other Contract Documents may submit a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other Contract Documents will be made only by a written addendum duly issued and a copy of such addenda will be posted on PlanetBids. The City will not be responsible for any other explanation or interpretations of the Contract Documents. If a prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the prospective Bidder to promptly bring it to the attention of the City. Any omissions from these Contract Documents not called to the attention of the City shall not affect the validity of the bid process or the contract eventually awarded.

ARTICLE 5. PRE-BID MEETING
A mandatory Pre-Bid Conference is scheduled for January 15, 2026, at 10:00AM to review the Project's existing conditions at the Circle K gas station located at 1450 S Sanderson Ave, San Jacinto, CA 92582. Representatives of City and consulting engineers, if any, will be present. Bids will not be accepted from any bidder who did not attend the mandatory Pre-Bid Conference. • Date: January 15, 2026
• Time: 10:00 AM
• Location: 1450 S Sanderson Ave, San Jacinto, CA 92582 ARTICLE 6. ADDENDA
The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be accounted for by Bidder in its bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an addendum warrants postponement of the Bid submission date. Addenda will be published on PlanetBids. Please Note: Bidders are responsible for ensuring that they have received and reviewed any and all addenda. To this end, each Bidder should check PlanetBids to verify that it has received all addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the ADDENDUM 1

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addenda received prior to bidding in the space provided in the Bid Forms. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

ARTICLE 7. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include none, one, or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder.

ARTICLE 8. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of typed entries, black or blue ink, or indelible pencil is required. Deviations in the Bid Forms may result in the Bid being deemed nonresponsive.

ARTICLE 9. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

ARTICLE 10. CITY’S RIGHTS RESERVED
The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City. None of the 3 lowest bidders may withdraw their bid for a period of ninety (90) days after the bid opening.

ARTICLE 11. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, contractor license number, and public works contractor registration number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the work described in the Contract Documents in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code section 4104. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies ADDENDUM 1

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more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with Public Contract Code section 4107.

ARTICLE 12. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any Bid submitted by a Bidder not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Project involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

ARTICLE 13. BID SECURITY (BOND)
Each Bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City of San Jacinto; (c) a cashier’s check made payable to the City of San Jacinto; or (d) a bid bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to the City as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) calendar days after the City provides the successful Bidder the Notice of Award, the successful Bidder will enter into a Contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time, and the City may enter into a Contract with the next lowest responsible bidder providing a responsive bid, or may call for new bids. No interest shall be paid on funds deposited with the City. The City will return the security accompanying the Bids of all unsuccessful Bidders no later than sixty (60) calendar days after award of the Contract.

The Bid Security must be submitted directly to the City as follows:

CITY OF SAN JACINTO
ATTN: STUART MCKIBBIN, CONTRACT CITY ENGINEER
1221 S SAN JACINTO AVE
SAN JACINTO, CA 92583

THE BID SECURITY MUST BE RECEIVED PRIOR TO THE SPECIFIED DATE AND TIME FOR BID OPENING.

If Bidder elects to provide the required Bid Security in the form of a Bid Bond, the original hard copy Bid Bond must be submitted to the City at the address indicated above prior to the specified date and time for bid opening.

ADDENDUM 1

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ARTICLE 14. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a Bid with the City of one million dollars ($1,000,000) or more, certify at the time the Bid is submitted that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the Bid Forms and must be signed and dated under penalty of perjury.

ARTICLE 15. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their Bid. This form is included with the Bid Forms and must be signed and dated under penalty of perjury.

ARTICLE 16. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the successful Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor DIR Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid nonresponsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

ARTICLE 17. NON-LOBBYING CERTIFICATION
The prospective participant must certify, by signing and submitting a bid or proposal, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or ADDENDUM 1

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cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities”, in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 or not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

ARTICLE 18. PUBLIC CONTRACT CODE (PCC) 10300-10334
Project is subject to Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non A&E services), and California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable State regulations.

ARTICLE 19. NON-DISCRIMATION
Prospective Participants are subject to the statutes and regulations prohibiting discrimination applicable to this project include, without limitation to the following:

Title IV of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.) and Treasury’s implementing regulations at 31 CFR Part 22, which prohibits discrimination on the basis of race, color, or national origin;
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Section 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
The Age Discrimination Act of 1975, as amended (42 U.S.C. Section 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
Title II of the American with Disabilities Act of 1990, as amended (42 U.S.C. Section 12101 et seq.), which prohibit discrimination on the basis of disability under program, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

ARTICLE 20. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non-responsive. The City reserves the right to reject ADDENDUM 1

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any Bid if an investigation of the information submitted does not satisfy the City that the Bidder is qualified to properly carry out the terms of the Contract.

ARTICLE 21. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City a Workers' Compensation Certificate prior to performing the work under this Contract. The form of such Workers' Compensation Certificate is included as part of the Bid Forms.

ARTICLE 22. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.

The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

ARTICLE 23. WITHDRAWAL OF BID
Any Bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw Bids shall be worded so as not to reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted Bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to the City within five (5) working days of the Bid opening and in compliance with Public Contract Code section 5100 et seq., or as otherwise may be allowed with the consent of the City.

ARTICLE 24. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file, or be interested in more than one Bid as a prime contractor for the same work unless alternate Bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from simultaneously submitting its own Bid as a prime contractor. More than one Bid ADDENDUM 1

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from an individual, firm, partnership, corporation, or association under the same or different names will not be considered.

ARTICLE 25. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments for the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

ARTICLE 26. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the Project.

ARTICLE 27. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

ARTICLE 28. INSURANCE REQUIREMENTS
Prior to commencing work, the successful Bidder shall purchase and maintain insurance as set forth in the General Conditions.

ARTICLE 29. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful Bidder will be required to furnish a labor and material payment bond and a faithful performance bond each in an amount equal to one hundred percent (100%) of the Contract Price.

Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of the City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to the City within ten (10) calendar days from the date the City provides the successful bidder with the Notice of Award.

ADDENDUM 1

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ARTICLE 30. CALIFORNIA AIR RESOURCES BOARD REGULATIONS
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project.

City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles). Bidder must complete and submit the Fleet Compliance Certification, included in the Bid Forms. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

ARTICLE 31. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. Encroachment Permits and City Business Licenses issued by the City of San Jacinto will come with no cost to Contractor.

ARTICLE 32. FILING OF BID PROTESTS
Bidders may file a protest of a Bid with the City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date or any City determination or recommendation regarding the Bidder’s bid, as applicable; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the City Engineer, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The City Engineer will provide a written decision to the protestor.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a ADDENDUM 1

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failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

ARTICLE 33. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the total bid price of the Base Bid Schedule plus the EMWD Additive Alternate Bid Schedule.

The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

Bidder understands that a Bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE

CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY

QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT WITHOUT ANY ADJUSTMENT IN THE CONTRACT UNIT PRICE. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts and words shall govern over figures.

ARTICLE 34. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsible Bidder submitting a responsive Bid, the City Council may award the Contract. The apparent successful Bidder should begin to prepare the following documents: (1) the performance bond; (2) the payment bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City will issue a Notice to Proceed to that Bidder.

ARTICLE 35. CONFLICT OF INTEREST
No employee, officer or agent of the City and/or Consultant, shall participate in selection, or in award of administration of a contract supported by federal funds, if a conflict of interest, real or apparent, would be involved. Such a conflict arises when: (i) the employee, officer or agent (ii) any member of his immediate family (iii) his or her partner (iv) an organization, which employs or is about to employ, and of the above has a financial or other interest in the firm selected for award.

ARTICLE 36. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Contract Documents and shall not be detached.

ADDENDUM 1

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B-11 00 21 13 – INSTRUCTIONS TO BIDDERS
Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for forfeiture of the Bid Security. If the successful Bidder refuses or fails to execute the Contract, the City may award the contract to the second lowest responsive and responsible Bidder. If the second lowest responsive and responsible Bidder refuses or fails to execute the Contract, the City may award the contract to the third lowest responsive and responsible bidder. On the failure or refusal of such second or third lowest Bidders to execute the Contract, such Bidders' Security likewise shall be forfeited to the City.

ARTICLE 37. CALIFORNIA GOVERNMENT CODE SECTIONS 4525-4529.14 The City of San Jacinto and prospect contractors and sub-contractors shall undertake the procedures described in California Government Code 4527(a) and 4528(a). The City of San Jacinto and prospect contractor and sub-contractors shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principals and Audit Requirements for all Federal Awards, excluding 2 CFR Part 200.318-200.326. Contractors and sub-contractors will be obligated to agree that Contract Cost principals and Procedures, 48 CFR, Federal Acquisition Regulations System Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principals and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326 Governments.

ARTICLE 38. QUESTIONS
Questions regarding this Notice Inviting Bids and Instruction to Bidders should be posted online to the PlanetBids website. No other members of the City’s staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated through the PlanetBids website, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

ARTICLE 39. RECORD RETENTION
Contractor must keep project records for a period of five (5) years after project completion.

END OF INSTRUCTIONS TO BIDDER
ADDENDUM 1

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C-1 00 41 43 – BID FORMS
00 41 43 – BID FORMS
BID
Bids will be received on www.planetbids.com , until 2:00 PM on FEBRUARY 19, 2026.

ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD TO SANDERSON AVENUE NAME OF BIDDER: ______________________________________________ To the City of San Jacinto, with its principal place of business at: 595 S. San Jacinto Ave, San Jacinto, CA 92583
A. In response to the Notice Inviting Bids and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

E. The following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Bid Schedule

2. Bid security in the amount of not less than 10% of the Total Bid Price.

3. Completed Designation of Subcontractors form.

4. Fully executed Noncollusion Declaration form.

5. Completed Iran Contracting Act Certification form.

6. Completed Public Works Contractor DIR Registration Certification form.

7. Completed Contractor’s Certificate Regarding Workers’ Compensation form.

8. Completed Bidder Information and Experience form.

9. Completed Executive Order N-22 Certification form.

10. Completed Fleet Compliance Certification form.

ADDENDUM 4

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C-2 00 41 43 – BID FORMS
F. Bidder is an ◯ individual, or ◯ corporation, or ◯ partnership, organized under the laws of the State of _______________________________.

1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

License number
Expiration date
License classification

1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

Addenda No. ________________________________________________ [SIGNATURE ON NEXT PAGE]

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C-3 00 41 43 – BID FORMS
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

BIDDER: Bidder's Business Address:
(Company Name)
By
(Signature)
___________________________________
(Type or print name) (Phone Number)
___________________________________
(Title) (Email Address)
(Where signed) (City, State)
(corporate seal)
Dated: , 20
State of Incorporation:

Names and addresses of all partners or joint venturers:

Statement of the authority of signatory to bind Bidder:

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C-4 00 41 43 – BID FORMS

BASE BID SCHEDULE
No. ITEM DESCRIPTION UNIT OF

MEASURE
EST.

QTY. UNIT PRICE ITEM COST
1 Mobilization LS 1 $ $
2 Traffic Control LS 1 $ $
3 Water Pollution Control LS 1 $ $
4 Clearing & Grubbing LS 1 $ $
5 Saw Cut LF 11,781 $ $
6 Remove & Dispose Existing
Pavement and Base CY 13,338 $ $
7 Remove & Dispose Existing AC
Berm LF 1,074 $ $
8 Remove & Dispose Existing 18"
CMP LF 170 $ $
9 Remove & Dispose Existing 12"
CMP LF 40 $ $
10 Remove & Dispose Existing
Headwalls per Construction Note
#4
EA 4 $ $
11 Remove & Dispose Existing
Reflector Delineators LS 1 $ $
12 NOT USED
13 Remove & Dispose Existing
Guard Rail LF 40 $ $
14 Relocate Existing Fencing and
Gates LF 468 $ $
15 Relocate Existing Mailbox EA 1 $ $
16 Remove & Dispose Existing
Frontier Pole EA 1 $ $
17 Cold Mill 0.12' Asphalt Concrete SF 78,358 $ $
18 Asphalt Concrete TON 10,504 $ $
19 Class 2 Aggregate Base TON 24,619 $ $
20 Remove and Salvage Signage EA 9 $ $
21 Construct Sidewalk per County
of Riverside Std 401 SF 40,078 $ $
22 Construct Type "A-8" Curb &
Gutter per County of Riverside
Std 201
LF 7,237 $ $
23 Construct Residential Driveway
per County of Riverside Std 207 EA 5 $ $
24 Construct Access Ramp per ADA
& County of Riverside Std 403 EA 5 $ $
ADDENDUM 5

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C-5 00 41 43 – BID FORMS

BASE BID SCHEDULE
No. ITEM DESCRIPTION UNIT OF

MEASURE
EST.

QTY. UNIT PRICE ITEM COST
25 Potholing (Exploratory
Excavations) LS 1 $ $
26 Construct Commercial Driveway
per County of Riverside Std 207A EA 2 $ $
27 Over Excavation and Subgrade
Preparation
CY 15,566 $ $
28 NOT USED
29 Construct Monitoring Well per
Sheet No. W-1 LS 1 $ $
30 Construct Single Headwalls per
Caltrans Std D89A EA 7 $ $
31 Construct Concrete Collar per
RCFC & WD Std M803 EA 1 $ $
32 Channel Excavation CY 9,125 $ $
33 NOT USED
34 Construct Junction Structure No.
8 Per RCFC Std JS233 EA 8 $ $
35 NOT USED
36 NOT USED
37 Construct Manhole No. 1 per
RCFC & WCD STD MH251 EA 9 $ $
38 Construct 42" OD Steel Pipe
Casing EMWD STD. B-575 LF 60 $ $
39 Construct 4' Wide Curb Inlet
Catch Basin per County of
Riverside Std 300
EA 11 $ $
40 Construct Depression for Curb
Opening Catch Basin, Case C,
per County of Riverside Std 311
SF 1,584 $ $
41 Construct 12" RCP LF 396 $ $
42 Construct 18" RCP LF 745 $ $
43 Construct 30" RCP LF 2,123 $ $
44 Install Rip-Rap TON 10,726 $ $
45 Type 1 Slurry Seal SY 5,697 $ $
46 Crack Seal LS 1 $ $
47 Construct Modified Dual-Pipe
Junction Structure Per RCFC STD
JS233
LS 1 $ $
48 Install TUMF Sign per
Specifications LS 1 $ $
ADDENDUM 5

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C-6 00 41 43 – BID FORMS

BASE BID SCHEDULE
No. ITEM DESCRIPTION UNIT OF

MEASURE
EST.

QTY. UNIT PRICE ITEM COST
49 Install Traffic Signal at Warren &
Esplanade Ave LS 1 $ $
50 Install Traffic Signal at Cawston
& Esplanade Ave LS 1 $ $
51 Signing, Striping, and Pavement
Markings LS 1 $ $
BASE BID (BID ITEMS # 1-51) TOTAL $

EMWD ADDITIVE ALTERNATE BID SCHEDULE
NO. ITEM DESCRIPTION UNIT OF

MEASURE
EST.

QTY. UNIT PRICE ITEM COST
1A Adjust to Grade Existing EMWD
Manholes EA 7 $ $
2A Adjust to Grade Existing EMWD
Water Valve Covers EA 11 $ $
3A Relocate Existing EMWD Marker
Post EA 30 $ $
4A Relocate Existing EMWD
Pedestal EA 1 $ $
5A Relocate Existing EMWD Air Vac EA 3 $ $
6A Relocate Existing EMWD Test
Station EA 24 $ $
7A Relocate Existing EMWD Blow
Off EA 1 $ $
8A Relocate Existing EMWD Water
Valve EA 1 $ $
9A Relocate Existing EMWD Fire
Hydrant EA 2 $ $
10A Relocate Existing EMWD Water
Meter EA 2 $ $
11A Relocate Existing EMWD
Backflow EA 1 $ $
12A Adjust to Grade Existing EMWD
Test Station
EA 15 $ $
EMWD ADDITIVE ALTERNATE (BID ITEMS # 1A-12A) TOTAL $
BASE BID + EMWD ADDITIVE ALTERNATE TOTAL $
The basis for award of contract shall be the Contractor’s Base Bid plus all Additive Alternate(s).

C-6
ADDENDUM 2

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C-7 00 41 43 – BID FORMS
TOTAL BID PRICE BASED ON TOTAL BASE BID + TOTAL EMWD ADDITIVE

ALTERNATE BID SCHEDULE
$
Total Base Bid + EMWD Additive Alternate in Numbers
The costs for any work shown or required in the Contract Documents, but not specifically identified as a bid line item are to be included in the related bid line items and no additional compensation shall be due to Contractor for the performance of the work.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The City can award/select alternate bid items at any time(s).

ADDENDUM 1

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C-8 00 41 43 – BID FORMS
TOTAL BASE BID + EMWD ADDITIVE ALTERNATE IN WORDS:________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ List of Addenda Received: _______________________________________________________ Name of Bidder:

Signature:

Name and Title:

Dated:

ADDENDUM 1

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C-9 00 41 43 – BID FORMS

BID SECURITY

BID BOND
[Note: Not required when other form of Bidder’s security, e.g. cash, certified check or cashier’s check, accompanies Bid.]
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of San Jacinto, with its principal place of business at 595 S. San Jacinto Ave, San Jacinto, CA 92583, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to the City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

ADDENDUM 1

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C-10 00 41 43 – BID FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

ADDENDUM 1

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C-11 00 41 43 – BID FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

END OF BID BOND
ADDENDUM 1

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C-12 00 41 43 – BID FORMS

Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
ADDENDUM 1

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C-13 00 41 43 – BID FORMS
Portion of
Work to be
done by
Subcontractor
Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
ADDENDUM 1

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C-14 00 41 43 – BID FORMS

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business under its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________
ADDENDUM 1

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C-15 00 41 43 – BID FORMS

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

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C-16 00 41 43 – BID FORMS

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C-17 00 41 43 – BID FORMS
B. LIST OF CURRENT PROJECTS (BACKLOG)
[Duplicate page if needed for listing additional current projects.] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
ADDENDUM 1

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C-18 00 41 43 – BID FORMS
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[Duplicate page if needed for listing additional completed projects.] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required work on the Project.

Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
ADDENDUM 1

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C-19 00 41 43 – BID FORMS
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

ADDENDUM 1

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C-20 00 41 43 – BID FORMS
E. ADDITIONAL BIDDER’S STATEMENTS:

_______
Name of Bidder
Signature
Name and Title
Dated
ADDENDUM 1

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C-21 00 41 43 – BID FORMS

NON-COLLUSION DECLARATION
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

Name of Bidder
Signature
Name and Title
Dated
ADDENDUM 1

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C-22 00 41 43 – BID FORMS
IRAN CONTRACTING ACT CERTIFICATION.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

ADDENDUM 1

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C-23 00 41 43 – BID FORMS

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

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C-24 00 41 43 – BID FORMS
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION.

Name of Bidder
Signature
Name and Title
Dated
ADDENDUM 1

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C-25 00 41 43 – BID FORMS
EXECUTIVE ORDER N-6-22 CERTIFICATION.

Signature:

Printed Name:

Title:

Firm Name:

Date:

ADDENDUM 1

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C-26 00 41 43 – BID FORMS

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Signature:

Printed Name:

Title:

Firm Name:

Date:

ADDENDUM 1

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C-27 00 41 43 – BID FORMS

ELECTRONIC DOCUMENTS RELEASE ACCEPTANCE
Electronic Documents Release Notice:

By accessing the link(s) or document(s) attached, Interwest Consulting Group and City of San Jacinto require that you, the Bidder, read and accept this notice. Interwest Consulting Group & City of San Jacinto are providing electronic AutoCAD files and Bidder recognizes that said transmission is for convenience only. These AutoCAD files are not As Built drawings and are provided with the understanding that all conditions should be field verified to confirm the degree of accuracy required for Esplanade Avenue Widening Phase 1 Warren Road To Sanderson Avenue . Also, these files do not replace or otherwise alter our original designs and drawings.

The Bidder recognizes that data, plans, specifications, reports, documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration, either intentional or unintentional due to, among other causes, transmission, conversion, media degradation, software error or human alteration. Interwest Consulting Group & City of San Jacinto make no warranties, either expressed or implied, regarding the fitness or suitability of the electronic documents. In the event of a discrepancy between these electronic files and the hard copy drawings, designs and specifications, the hard copy drawings, designs and specifications that bear Interwest Consulting Group’s stamp and seal are deemed superior and accurate. Use of the electronic files is limited to Reference Only and cannot be used for any other purpose and is not intended as an end-product. To the fullest extent permitted by law, the Bidder agrees to release, indemnify and defend Interwest Consulting Group & City of San Jacinto from any claims, damages or losses that might be incurred that result from any transfer of the electronic files or any use, re-use or modification of the electronic files by the Bidder or others. The information set forth on such electronic media is the result of a fee for service and under no circumstances, shall transfer of electronic media be deemed a sale by Interwest Consulting Group and Interwest Consulting Group makes no warranties, either expressed or implied, for any purpose. The Bidder recognizes that the electronic files link above and other information is constantly being revised and evolving under Interwest Consulting Group and City of San Jacinto’s direction and the electronic files and information may be constantly changing due to Interwest Consulting Group and City of San Jacinto’s need to do so.

Electronic Documents Release Note:

Information stored on electronic media including, but not limited to computer disk, may not be 100% compatible with other systems, therefore, Interwest Consulting Group shall not be liable for the completeness or accuracy of any materials provided due to difference in computer and software systems.

Signature:

Printed Name:

Title:

Firm Name:

Date:

END OF BID FORMS
ADDENDUM 1

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D-1 00 52 13 – CONTRACT FOR CONSTRUCTION
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), CIP #06-145 is made and entered into this ____ day of _______, ______, by and between City of San Jacinto, with its principal place of business at 595 S. San Jacinto Ave, San Jacinto CA 92583, sometimes hereinafter called the “City” and __________________________________, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the General Conditions, Special Conditions, Technical Specifications, Plans and Drawings, and other Contract Documents as specified in Article 5, below, for the following Project:

ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD TO SANDERSON AVENUE Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 165 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

San Jacinto City CouncilMarch 3, 2026

San Jacinto City Council
March 3, 2026