10/11/2022 Council Meeting

Jeanie O’Laughlin Mayor Nick Lessenevitch Mayor Pro Tem Jim Creighton Councilmember Kelly Kulikoff Councilmember Karen Macedonio Councilmember AGENDA CITY OF CALIFORNIA CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY TUESDAY, OCTOBER 11, 2022 REGULAR MEETING @ 6:00 PM COUNCIL CHAMBERS & VIA ZOOM 21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505 If you need special assistance to participate in this meeting, please contact the City Clerk at (760)373-7140 or via email at cityclerk@californiacity-ca.gov . We request a 72-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities ACT Title II) Zoom instructions and notes: 1. Web Link : https://us06web.zoom.us/j/88495541737 2. Meeting ID: 884 9554 1737 3. Public can dial into the Zoom line: a. One tap mobile: +16694449171,,85423381555# US b. Dial the following number: +1 669 444 9171 US 4. Comments a. Public must join Zoom meeting to comment b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speak or, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.1October 11, 2022

** At this time, please take a moment to turn off your cell phones ** REGULAR MEETING 6:00 PM CALL TO ORDER PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL Councilmembers: Creighton, Kulikoff, Macedonio, Mayor Pro Tem Lessenevitch, Mayor O’Laughlin ADOPT AGENDA CITY CLERK REPORTS/LATE COMMUNICATIONS • Correspondence from J.M. Powers dated September 18, 2022, September 20, 2022, September 23, 2022, September 24, 2022. We received correspondence from J.M. Powers he requested they be part of the official record. They will be attached to the minute meetings closest to the date he submitted. DEPARTMENTAL REPORTS • OHV • Park and Recreation • Planning (Department report will be on October 25 th agenda) CITY MANAGER REPORT PRESENTATION Introduction of New Police Chief CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS PUBLIC BUSINESS FROM THE FLOOR This portion of the meeting is reserved for the public to address the City Council on any matter not on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes. The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion. CONSENT CALENDAR All items on the consent calendar are considered routine, non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments to be limited to (3) three minutes. Roll call vote required. CC 1. approve City Check Register dated 09/23/2022 through 10/06/2022 CC 2. approve bid for Section 21 Water Mains Replacement Project by - City Engineer Ramon H Pantoja NEW BUSINESS NB 1. Presentation of FY 2020-21 Financial Audit Report Prepared by Bryant L. Jolley, Certified Public Accountants by - Kenneth Cooper, Finance Manager Recommendation: Staff recommends that Council receive and file the FY20-21 Audit Report from Bryant Jolley CPA’s. NB 2. Fast Track Resolution 10-22-2952 (Pursuant to Resolution 05-19-2090) by - Interim City Manager Dr. Jim Hart2October 11, 2022

Recommendation: The City Council approve the Resolution adopting a Fast Track process to improve processing and tracking of applications submitted to the planning and building departments. NB 3. Water Standby Charge-Intention to Levy by – Dr. Jim Hart, Interim City Manager Recommendation: Adopt “Resolution No. 10-22-2953 Of the City Council of the City of California City initiating proceedings for the establishment of the Water Standby charges for fiscal year 2022-23” NB 4. Approval of Service Order with Clear Gov for City Budget Preparation by – Dr. Jim Hart, Interim City Manager Recommendation: Staff recommends that the City Council approve the Service Order with Clear Gov in the amount of $19,240.00. NB 5. Pothole and Roads Problem by – Kelly Kulikoff, Councilmember Recommendation: City Council and public to discuss possible solutions. Bring back an action item, workshop, or trail item for further discussion. COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff. ADJOURNMENT AFFIDAVIT OF POSTING: This agenda was posted on all official City bulletin boards and the City website at least 72 hours prior to the Council Meeting. Socorro Chavez, City Clerk3October 11, 2022

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ITEM NO. DEPARTMENT REPORT COUNCIL AGENDA ITEM October 11, 2022 PREPARED BY: Inge Elmes, OHV Manager SUBJECT: OHV MONTHLY DEPARTMENT REPORT Events Staff is looking forward to another busy season as cooler weather and Columbus Day weekend approach. Operations Staff is busy preparing for upcoming grant projects and park aides are ready for OHV visitors. Manager Updates Staff is currently working on completing project agreements for the OHMVR Division grants. Finance Report For the month of September, OHV sales totaled $4,914.00. These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month. **OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29- 3998. Please refer to financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.12October 11, 2022

Sept 2022 MONTHLY OHV PROGRAM SALES FY 22/23 SALES QTY CASH CHECK CREDIT CARD PAYPAL TOTALS YTD TOTALS Single Permits (Prorated) $10 Single Permits $15 84 $780 $90 $255 $135 $1,260 2,520.00 Small Family (Prorated) $40 Small Family $60 26 $480 $120 $780 $180 $1,560 2,460.00 Large Family (Prorated) $80 Large Family $100 3 $100 $200 $300 400.00 OHV 4 Pack (Prorated) $35 OHV 4 Pack $50 12 $450 $50 $100 $600 900 RV Pass (Prorated) $15 RV Pass $30 9 $150 $90 $30 $270 750.00 Single Dump Pass $5 3 $10 $5 $15 20 Single Water Pass $5 2 $5 $5 $10 10 Additional Permits (Prorated) $5 Additional Permits $10 5 $50 $50 100.00 Free Free $0 0 Residents Permits Free $0 0 Paypal Fees - $4 $4 12 $48 $48 $104 Holiday Week Day - Power $25 Holiday Week Day - Water $15 Non-Holiday Weekday-Power $15 5 $75 $75 135.00 Non-Holiday Weekday-Water $10 2 $20 $20 40.00 Holiday Weekend - Power $40 3 $40 $80 $120 120 Holiday Weekend - Water $20 2 $40 $40 40 Non-Holiday Weekend-Power $25 4 $75 $25 $100 275.00 Non-Holiay Weekend-Water $15 3 $30 $15 $45 105 Shower Tokens $0.50 414 $151 $56 $207 416.00 Transient Lodging $150 Vendor Fees $1 Special Event Fees $5 Map Sales $3 9 Donations $1 5213October 11, 2022

Hoodies $40 20.00 Short Sleeve Shirts $20 3 $50 $50 80.00 Long Sleeve Shirts $30 $0 45.00 Caps $20 1 $20 $20 110.00 Bucket Hats $20 $0 70.00 Visors $15 $0 15.00 Beenies $15 Tumblers $25 3 $55 $55 55.00 Stickers $3 7 $9 $10 $19 19.00 Coffee Mugs $15 5 $10 $40 $50 50.00 MONTHLY TOTALS $2,445 $260 $1,616 $593 $4,914 $8,920.0014October 11, 2022

CITY COUNCIL DATE: 10/11/2022 TO: City Council FROM: Recreation Supervisor – Theresa Oaks SUBJECT: Department Report for the Month of August ______________________________________________________________________ Events Staff has been working on National Night Out Event. Staff and volunteers are continuing planning the annual Tree Lighting, Parade, and Holiday Village event. Outside movie nights continue to be enjoyed by the public. The next movie will be geared toward adults as requested and will be a horror movie played on Oct 15, at 8 pm. Operations During the month of September, our staff is continuing clean up and rejuvenation of the parks, including the grass at Central Park. Staff continues to focus on clean up at Central Park, Balsitis, and Par 3. Staff are working on ways to get sprinklers or watering systems set up at Par 3. The adult aerobics class will begin again the first week of October. The class is Tues, Wed, and Fri from 10-11. The Strata is open for adult walking club from 11- 12 on Tues., Wed., and Fri. The Strata Center also continues to be open with game room activities and open gym. The Parks free art classes are every Wednesday afternoon from 2:30- 4 pm at the Strata Center. The number of people using the Strata varies on a day-to-day basis, but according to our sign in sheets we have had an average daily attendance of approximately 28 people. This includes kid’s basketball practice, open gym, game room, etc. Staff is continuing work with the city engineer, as well as Kern County on the Balsitis project, and are making decent strides. Staff has also been working on preparing for a workshop to formulate a 5-year plan that will allow us to move15October 11, 2022

forward. The first workshop will be October 6th at 10 AM, the second workshop will be in the evening to allow for more public participation. The parks and recreation commission has revised their meeting schedule to be the third Monday of every month at 6 pm. The next meeting will be October 17 th at 6 PM in chambers. Programming Programming will continue to include adult aerobics, adult walking club, as well as open gym. Staff are working on getting a contract that will allow us to partner with We Got Next Sports which has brought a phenomenal basketball program, NFL flag football as well as cheerleading. They would also like to bring volleyball and soccer. Football games hosted by We Got Next Sports has brought between 80 and 85 families to Central Park every Saturday for games. Staff continues to partner with the Art Commission in hosting art classes for kids of all ages. The Art Commission also hosts a paint n sip the third Saturday of every month. ABC Learning Program is off to a great start. Staff and the kids are all having a great time, and we are currently running at capacity with a waiting list. Future Programming Staff is closer to bringing a pottery/ ceramics class to Central Park and continues to research the viability. Staff continue to look into the feasibility of an after- school program available for school age kids that would include homework time, play time, crafts, etc. Staff also continues researching field trips for the senior citizens, to ensure that the prices are not prohibitive.16October 11, 2022

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CITY COUNCIL Consent Agenda Item: October 11, 2022 TO: FROM: Mayor and City Council Interim City Manager – City Engineer Ramon H Pantoja SUBJECT: Accept the bid as submitted by Lyles Utility Construction, LLC for the Section 21 Water Mains Replacement Project in the amount of $2,928,110.00; and authorize the City Manager to execute the construction agreement. ………………………………………………………………………………………………… Background: The City of California City desires to upgrade and replace existing failing water mains lines at various locations. On September 20, 2022, at 2:00 PM. sealed bids were opened for this project. A total of seven (7) bids were received and opened by the City Clerk. The following is the tabulation of the bids: Bidder Total Bid Lyles Utility Construction, LLC $ 2,928,110.00 RE Chafee Construction $ 3,172,177.00 Dominguez General Engineering $ 3,340,345.00 Griffith Company $ 3,378,274.00 Unified Field Services $ 3,484,778.00 Ruben’s Pipeline $ 3,716,839.44 DDH Appley Valley Construction $ 3,740,090.00 Attached is the Bid Summary. The City Engineer (BHT Engineering, Inc.) has reviewed and qualified the lowest responsible bidder, Lyles Utility Construction, LLC. The City is allowing 100 working days for the contractor to complete the project. The work shall conform to the applicable requirements of “American National/AWWA standard for installation of water mains. Contractor has all applicable licenses to perform the work to install water distribution mains and appurtenances. Recommendation: Motion to accept the lowest responsible bid, award the project and to execute a construction agreement with Lyles Utility Construction, LLC for $2,928,110.00 for the Section 21 water mains replacement project, and authorize the City Manager to execute the construction agreement. Additionally, Staff recommends the approval of Ten percent of bid amount (10%), for Construction Contingencies. These funds will be utilized only for unforeseen work that might occur during the construction process.CC 2.28October 11, 2022

Together with the award of the Construction contract, staff will utilize an additional three (3%) percent to execute a task order with BHT Engineering, Inc. to provide construction staking, construction Management/Observation (as needed) to the water department, and project close-out. Fiscal impact: Costs: Bid Construction Contract: $ 2,928,110.00 10% Contingency: $ 292,811.00 3% Construction staking, project management and Close-out: $ 87,843.00 Total Estimated Construction Phase Cost: $ 3,308,764.00 Funding: City Water Fund: $ 3,308,764.00 Note: Compaction testing not included by BSK Associates Environmental action: CEQA Notice of Exemption completed. Attachments: Bid Summary Site Map Construction Agreement29October 11, 2022

BHT Engineering, Inc 9/21/2022 Bid opening date: September 20th, 2022 @ 2:00 PM Total Bids Received/opened = 7 #1 #2 #3 ENGINEER'S ESTIMATE Lic# 981146 Lic# 897948 Lic#814046 ITEM UNIT OF EST. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. ITEM CODE MEASURE QNTY PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 Provide and Install New 12" Waterline L.F. 15,650 92.00$ 1,439,800.00$ 98.00$ 1,533,700.00$ 118.00$ 1,846,700.00$ 130.00$ 2,034,500.00$ 2 Provide and Install New 12" Gate Valves, valve boxes, and valve boxes hangers. EA. 26 9,600.00$ 249,600.00$ 3,600.00$ 93,600.00$ 3,600.00$ 93,600.00$ 4,000.00$ 104,000.00$ 3 Provide and Install New 10" Gate Valves, valve boxes, and valve boxes hangers. EA. 2 7,800.00$ 15,600.00$ 3,100.00$ 6,200.00$ 3,000.00$ 6,000.00$ 3,500.00$ 7,000.00$ 4 Provide and Install New 8" Gate Valves, valve boxes, and valve boxes hangers. EA. 2 6,200.00$ 12,400.00$ 2,082.00$ 4,164.00$ 2,050.00$ 4,100.00$ 3,000.00$ 6,000.00$ 5 Provide and Install New 6" Gate Valves, valve boxes, and valve boxes hangers. EA. 2 4,800.00$ 9,600.00$ 1,563.00$ 3,126.00$ 1,400.00$ 2,800.00$ 2,500.00$ 5,000.00$ 6 Provide and Install New 4" Gate Valves, valve boxes, and valve boxes hangers. EA. 2 3,400.00$ 6,800.00$ 1,318.00$ 2,636.00$ 1,150.00$ 2,300.00$ 2,000.00$ 4,000.00$ 7 Provide and Install New Fire Hydrants including laterals, valves and fittings EA. 18 14,800.00$ 266,400.00$ 12,434.00$ 223,812.00$ 8,400.00$ 151,200.00$ 10,000.00$ 180,000.00$ 8 Provide and Install New 1" polyethylene on Short Service Laterals (15 LF Typ)/Tie-in to existing meter. Resurface to match existing. EA. 5 4,600.00$ 23,000.00$ 1,945.00$ 9,725.00$ 4,300.00$ 21,500.00$ 1,500.00$ 7,500.00$ 9 Trenching of Main Water lines under asphalt. Asphalt Restoration per Kern County Plate R-55. L.F. 320 80.00$ 25,600.00$ 97.00$ 31,040.00$ 74.00$ 23,680.00$ 20.00$ 6,400.00$ Construction Subtotal… 2,048,800.00$ SECTION 21 BID 1,908,003.00$ SEC 21 BID 2,151,880.00$ SEC 21 BID 2,354,400.00$ ENGINEER'S ESTIMATE ITEM UNIT OF EST. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. ITEM CODE MEASURE QNTY PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 Provide and Install New 8" Waterline L.F. 1,321 72.00$ 95,112.00$ 78.00$ 103,038.00$ 87.00$ 114,927.00$ 105.00$ 138,705.00$ 2 Provide and Install New 10" Gate Valves, valve boxes, and valve boxes hangers. EA. 1 7,800.00$ 7,800.00$ 3,100.00$ 3,100.00$ 3,000.00$ 3,000.00$ 3,500.00$ 3,500.00$ 3 Provide and Install New 8" Gate Valves, valve boxes, and valve boxes hangers. EA. 4 6,200.00$ 24,800.00$ 2,082.00$ 8,328.00$ 2,050.00$ 8,200.00$ 3,000.00$ 12,000.00$ 4 Provide and Install New 1" polyethylene on Short Service Laterals (16 LF Typ)/Tie-in to existing meter. Resurface to match existing. EA. 8 4,600.00$ 36,800.00$ 1,883.00$ 15,064.00$ 2,900.00$ 23,200.00$ 1,500.00$ 12,000.00$ 5 Provide and Install New 1" polyethylene on Long Service Laterals (45 LF Typ)/Tie-in to existing meter. Resurface to match existing. EA. 7 7,200.00$ 50,400.00$ 2,643.00$ 18,501.00$ 4,300.00$ 30,100.00$ 2,000.00$ 14,000.00$ 6 Remove and Replace Existing Fire Hydrants including laterals EA. 1 12,000.00$ 12,000.00$ 13,055.00$ 13,055.00$ 8,400.00$ 8,400.00$ 10,000.00$ 10,000.00$ 7 Trenching of Main Water lines under asphalt. Asphalt Restoration per Kern County Plate R-55. L.F. 1,256 80.00$ 100,480.00$ 98.00$ 123,088.00$ 45.00$ 56,520.00$ 20.00$ 25,120.00$ Construction Subtotal… 327,392.00$ KENNISTION AVE BID 284,174.00$ KENNISTION AVE BID 244,347.00$ KENNISTION AVE BID 215,325.00$ ENGINEER'S ESTIMATE ITEM UNIT OF EST. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. ITEM CODE MEASURE QNTY PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 Provide and Install New 10" Waterline L.F. 1,240 78.00$ 96,720.00$ 94.00$ 116,560.00$ 111.00$ 137,640.00$ 120.00$ 148,800.00$ 2 Provide and Install New 10" Gate Valves, valve boxes, and valve boxes hangers. EA. 4 7,800.00$ 31,200.00$ 3,100.00$ 12,400.00$ 3,000.00$ 12,000.00$ 4,000.00$ 16,000.00$ 3 Provide and Install New 6" Gate Valves, valve boxes, and valve boxes hangers. EA. 1 4,800.00$ 4,800.00$ 1,610.00$ 1,610.00$ 1,400.00$ 1,400.00$ 2,000.00$ 2,000.00$ 4 Provide and Install New 1" polyethylene on Long Service Laterals (50 LF Typ)/Tie-in to existing meter. Resurface to match existing. EA. 1 7,200.00$ 7,200.00$ 2,870.00$ 2,870.00$ 3,800.00$ 3,800.00$ 2,000.00$ 2,000.00$ 5 Remove and Replace Existing Fire Hydrants including laterals EA. 1 12,000.00$ 12,000.00$ 12,321.00$ 12,321.00$ 8,400.00$ 8,400.00$ 10,000.00$ 10,000.00$ 6 Trenching of Main Water lines under asphalt. Asphalt Restoration per Kern County Plate R-55. L.F. 210 80.00$ 16,800.00$ 135.00$ 28,350.00$ 45.00$ 9,450.00$ 20.00$ 4,200.00$ 7 Temporary Traffic Control LS. 1 12,000.00$ 12,000.00$ 18,500.00$ 18,500.00$ 14,000.00$ 14,000.00$ 3,000.00$ 3,000.00$ Construction Subtotal… 180,720.00$ NEURALIA RD BID 192,611.00$ NEURALIA RD BID 186,690.00$ NEURALIA RD BID 186,000.00$ ENGINEER'S ESTIMATE ITEM UNIT OF EST. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. ITEM CODE MEASURE QNTY PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 Provide and Install New 8" Waterline L.F. 2,670 72.00$ 192,240.00$ 75.00$ 200,250.00$ 72.00$ 192,240.00$ 105.00$ 280,350.00$ 2 Provide and Install New 8" Gate Valves, valve boxes, and valve boxes hangers. EA. 5 7,800.00$ 39,000.00$ 2,082.00$ 10,410.00$ 2,050.00$ 10,250.00$ 3,000.00$ 15,000.00$ 3 Provide and Install New 6" Gate Valves, valve boxes, and valve boxes hangers. EA. 2 4,800.00$ 9,600.00$ 1,563.00$ 3,126.00$ 1,400.00$ 2,800.00$ 2,000.00$ 4,000.00$ 4 Provide and Install New 4" Gate Valves, valve boxes, and valve boxes hangers. EA. 2 3,400.00$ 6,800.00$ 1,318.00$ 2,636.00$ 1,150.00$ 2,300.00$ 1,500.00$ 3,000.00$ 5 Provide and Install New 1" polyethylene on Short Service Laterals (15 LF Typ)/Tie-in to existing meter. Resurface to match existing. EA. 2 4,600.00$ 9,200.00$ 2,000.00$ 4,000.00$ 4,300.00$ 8,600.00$ 1,500.00$ 3,000.00$ 6 Provide and Install New 1" polyethylene on Long Service Laterals (50 LF approx.)/Tie-in to existing meter. Resurface to match existing. EA. 13 7,200.00$ 93,600.00$ 2,630.00$ 34,190.00$ 4,800.00$ 62,400.00$ 2,000.00$ 26,000.00$ 7 Remove and Replace Existing Fire Hydrants including laterals EA. 5 12,000.00$ 60,000.00$ 12,094.00$ 60,470.00$ 8,400.00$ 42,000.00$ 10,000.00$ 50,000.00$ 8 Trenching of Main Water lines under asphalt. Asphalt Restoration per Kern County Plate R-55. L.F. 96 80.00$ 7,680.00$ 133.00$ 12,768.00$ 45.00$ 4,320.00$ 20.00$ 1,920.00$ JIMSON AVE 418,120.00$ JIMSON BID 327,850.00$ JIMSON BID 324,910.00$ JIMSON BID 383,270.00$ ENGINEER'S ESTIMATE ITEM UNIT OF EST. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. ITEM CODE MEASURE QNTY PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 Provide and Install New 8" Waterline L.F. 1,110 72.00$ 79,920.00$ 84.00$ 93,240.00$ 95.00$ 105,450.00$ 105.00$ 116,550.00$ 2 Provide and Install New 10" Gate Valves, valve boxes, and valve boxes hangers. EA. 1 7,800.00$ 7,800.00$ 3,100.00$ 3,100.00$ 3,000.00$ 3,000.00$ 4,000.00$ 4,000.00$ 3 Provide and Install New 8" Gate Valves, valve boxes, and valve boxes hangers. EA. 6 7,800.00$ 46,800.00$ 2,082.00$ 12,492.00$ 2,050.00$ 12,300.00$ 3,000.00$ 18,000.00$ 4 Provide and Install New Fire Hydrants including laterals, valves and fittings EA. 3 3,400.00$ 10,200.00$ 12,200.00$ 36,600.00$ 8,400.00$ 25,200.00$ 10,000.00$ 30,000.00$ 5 Trenching of water main lines under asphalt, including asphalt restoration LF 120 80.00$ 9,600.00$ 167.00$ 20,040.00$ 45.00$ 5,400.00$ 20.00$ 2,400.00$ Construction Subtotal… 154,320.00$ Doolittle Ave BID 165,472.00$ Doolittle Ave BID 151,350.00$ Doolittle Ave BID 170,950.00$ MANDATORY MEASURES ALL PROJECT AREAS ITEM UNIT OF EST. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL NO. ITEM CODE MEASURE QNTY PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PRICE 1 Temporary Traffic Control LS 1 28,000.00$ 28,000.00$ 12,000.00$ 12,000.00$ 60,000.00$ 60,000.00$ 3,000.00$ 3,000.00$ 2 Prepare and Implement Stormwater Soils Loss Prevention Plan and BMP's LS 1 14,000.00$ 14,000.00$ 21,000.00$ 21,000.00$ 41,000.00$ 41,000.00$ 5,000.00$ 5,000.00$ 3 Desert Tortoise Pre-Construction Biological Survey LS 1 22,000.00$ 22,000.00$ 17,000.00$ 17,000.00$ 12,000.00$ 12,000.00$ 20,000.00$ 20,000.00$ Mandatory Measures.. 64,000.00$ Mandatory Measures BID 50,000.00$ Mandatory Measures BID 113,000.00$ Mandatory Measures BID 28,000.00$ COMBINED BID TOTAL 3,193,352.00$ COMBINED BID TOTAL 2,928,110.00$ COMBINED BID TOTAL 3,172,177.00$ COMBINED BID TOTAL 3,337,945.00$ BID 2,927,270.00$ BID 3,340,345.00$ DIFF (840.00)$ DIFF 2,400.00$ CITY OF CALIFORNIA CITY KERN COUNTY, CALIFORNIA SECTION 21 WATERLINES REPLACEMENT PROJECT VARIOUS LOCATIONS SECTION 21 BIDS SUMMARY NEURALIA RD RE Chafee Construction Dominguez General EngineeringLyles Utility Construction KENNISTON AVE FROM 79TH ST TO POPPY BLVD FROM CAL-CITY BLVD TO WALPOLE AVE YERBA-CCB-BARON-MENDIBURU RD JIMSON AVE DOOLITTLE AVE FROM MITCHELL BLVD TO MENDIBURU RD FROM YERBA BLVD TO ISABELLA BLVD 1of 130October 11, 2022

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Section 21 Water Mains Replacement 1 CITY OF CALIFORNIA CITY CONSTRUCTION CONTRACT SECTION 21 WATER MAINS REPLACEMENT PROJECT 1. PARTIES AND DATE. This Contract is made and entered into this _11th_ day of October 2022 by and between the City of California City, a public agency and public corporation of the State of California (“City”) and Lyles Utility Construction, LLC, a corporation with its principal place of business at 525 W. Alluvial Avenue, Fresno, California 93711 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. 2. RECITALS. 2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing _Road Reconstruction__ related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Engineering Contractor license Class A. 2.3 Project. City desires to engage Contractor to render such services for the SECTION 21 WATER MAINS REPLACEMENT Project (“Project”) as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract. 3. T ERMS 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications, and documents therein, and attachments and addenda thereto:  Services/Schedule (Exhibit “A”)  Plans and Specifications (Exhibit “B”)  Special Conditions (Exhibit “C”)  Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)  Addenda  Notice Inviting Bids, if any  Instructions to Bidders, if any  Contractor’s Bid32October 11, 2022

Section 21 Water Mains Replacement 2 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to complete the Project fully and adequately, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis. 3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, 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 shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or33October 11, 2022

Section 21 Water Mains Replacement 3 article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 25 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Seven Hundred and Fifty Dollars ($750.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract 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 represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, 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, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor 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, and workers’ compensation insurance.34October 11, 2022

Section 21 Water Mains Replacement 4 3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract. 3.7 Compensation and Payment. 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two Million Nine Hundred Twenty-Eight Thousand One Hundred-Ten Dollars ($2,928,110) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved to provide a basis for determining the amount of progress payments. 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10)35October 11, 2022

Section 21 Water Mains Replacement 5 any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums. 3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies 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 in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. 3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City. 3.7.9 Prevailing Wages. Contractor 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. Since the Services are being performed as part of 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. 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 any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor36October 11, 2022

Section 21 Water Mains Replacement 6 and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. The Federal minimum wage rates as predetermined by the United States Secretary of Labor are hereby made a part of this contract. 3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, 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 him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. 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. 3.7.13 Contractor and Subcontractor Registration. 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. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements37October 11, 2022

Section 21 Water Mains Replacement 7 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. 3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations 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 Department of Industrial Relations against Contractor or any subcontractor. 3.8 Performance of Work; Jobsite Obligations. 3.8.1 Water Quality Management and Compliance. 3.8.1.1 Water Quality Management and Compliance. 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 of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. 3.8.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency 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.38October 11, 2022

Section 21 Water Mains Replacement 8 3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, 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. 3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit. 3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity. 3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.8.3 Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such39October 11, 2022

Section 21 Water Mains Replacement 9 laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.40October 11, 2022