Beaumont City Council
May 3, 2022

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT

This PUBLIC WORKS AGREEMENT (“Agreement”) is made and effective , 2022, by and between the City of Beaumont, a municipal corporation (“CITY”), and Crosstown Electrical & Data, Inc. (“CONTRACTOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK

The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Citywide Traffic Signal Maintenance (hereinafter “Project”). CITY’s Invitation for Bids (“Invitation”) for the Project, dated February 11, 2022, and CONTRACTOR’s Bid in response to the Invitation, dated March 3, 2022, are attached hereto as Exhibits A and B, respectively and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.

CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager (if any), and the Engineer on account of delay, hindrance, interference or other events.

II. TIME FOR PROJECT COMPLETION

All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations.

III. THE CONTRACT SUM
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The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of Fifty-Three Thousand One Hundred dollars ($53,100).

IV. PROGRESS PAYMENTS

Based upon Applications for Payment submitted to the Engineer by the CONTRACTOR and Certificates for Payment issued by the Engineer, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions, which are fully incorporated into this Agreement by this reference.

This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT

CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this 1023
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agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VI. PREVAILING WAGES

A. Contractor shall comply with all applicable laws and regulations relating to prevailing wages. Wage rates for this Project shall be in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Riverside County. Wage rates shall conform with those posted at Beaumont City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VII. RECORD AUDIT

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 Auditor General for a period of three (3) years after final payment.

VIII. FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer.

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IX. CONTRACTOR’S FAILURE TO PROCURE COMPLETION OF PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

X. INSURANCE

Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit C are copies of Certificates of Insurance and the waiver of subrogation endorsement as required by Section 6.B.1. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. Types of Insurance

Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY:

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1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

 A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

4. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
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5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to 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 Agreement 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.

Products/completed operations coverage shall extend a minimum of three (3) years after 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 officials, officers, agents, and employees, shall be included as insureds under the policy.

6. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an “all risk” basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit 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) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement 1027
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value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.

B. Other provisions or requirements

1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements 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 CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

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5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and 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 CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the 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.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR.

CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

14. CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

XI. CONTRACTOR’S LICENSE

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CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing.

XII. REGISTRATION REQUIREMENTS

A. Pursuant to Section 1771.1(a) of the Labor Code:

“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.

CONTRACTOR must ensure registration with the DIR that is active and in good standing.

C. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

D. The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

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XIII. CORPORATION IN GOOD STANDING

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that __________ whose title is President is authorized to act for and bind the corporation.

XIV. PROVISIONS REQUIRED BY LAW

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

XV. SUBSURFACE HAZARDOUS MATERIALS

A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. 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 the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR 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 Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVI. COMPONENT PARTS OF THE CONTRACT
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This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:

Notice Inviting Bids
Scope of Work Summary
Information for Bidders
Bid Form
Non-Collusion Affidavit
Site Visit Certification
Faithful Performance Bond
Labor and Materials Payment Bond
General and Supplemental Conditions
Special Conditions
Project Construction Schedule
Proposed Subcontractors
Bid Bond
Information Required of Bidder
Construction Services Agreement
Certificate Regarding Worker’s
Compensation
Drug-free Workplace Certification
Plans and Specifications
Addenda
Drawings
Change Orders
Shop Drawing Transmittals
Contractor’s Certificate Regarding
Non-Asbestos Containing Materials

All of the above named CONTRACT DOCUMENTS are intended to be complementary.

Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XVII. ENTIRE CONTRACT

This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.

[Signatures on following page.]
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13 SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT

CITY:

CITY OF BEAUMONT

By: ________________________________
Lloyd White, Mayor
CONTRACTOR:

CROSSTOWN ELECTRICAL & DATA,
INC

By: ______________________________

Print Name: _______________________

Title: _____________________________

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14 CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT

EXHIBIT “A”

CITY’S INVITATION FOR BIDS

(Insert behind this page.)

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15 CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT

EXHIBIT “B”

CONTRACTOR’S Bid

(Insert behind this page.)

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16 CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT

EXHIBIT “C”

Insurance Certificates and Endorsements

(Insert behind this page.)

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REQUEST FOR BID
FOR

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

CRITICAL BID DATES, TIMES, & LOCATIONS

Bid Published: February 11, 2022
Bids Must Be Received By: March 03, 2022 @ 11:00 A.M.

Place Of Bid Receipt: 550 E. Sixth Street (City Hall) Questions In By: February 22, 2022 @ 11:00 A.M.

Bid Opening Date: March 03, 2022 @ 1:15 P.M.

Bid Opening Location: 550 E. Sixth Street (City Hall), Room 4

CONTACTS:

Dustin Christensen
Principal Engineer Public Works
[email protected]
Jeff Hart
Public Works Director
[email protected]

RFB AVAILABLE:

WWW.PUBLICPURCHASE.COM
HTTPS://WWW.BEAUMONTCA.GOV/949/BIDS-AND-RFPS

Website:
http://beaumontca.gov/

Address:
550 E. 6th Street
Beaumont, CA 92223

Phone:
951.769.8520

1038
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

ii

CITY OF BEAUMONT

CALIFORNIA

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS & SCOPE OF WORK
FOR:

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

Prepared Under the Supervision of:

___________________________________________________________________ Jeff Hart, P.E., Public Works Director/City Engineer Date

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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

NOTICE INVITING BIDS
1 TABLE OF CONTENTS
NOTICE INVITING BIDS ................................................................................................. 1 INSTRUCTIONS TO BIDDERS ...................................................................................... 3 BID FORM .................................................................................................................... 10 BID CERTIFICATION ................................................................................................... 12 CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION ....... 13 BID BOND .................................................................................................................... 14 DESIGNATION OF SUBCONTRACTORS ................................................................... 17 INFORMATION REQUIRED OF BIDDERS .................................................................. 19 NON-COLLUSION AFFIDAVIT .................................................................................... 27 PERFORMANCE BOND ............................................................................................... 28 PAYMENT BOND ......................................................................................................... 33 PUBLIC WORKS AGREEMENT .................................................................................. 35 GENERAL CONDITIONS ............................................................................................. 36 SCOPE OF WORK ....................................................................................................... 37 CITYWIDE TRAFFIC SIGNAL MAP ............................................................................. 38

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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

NOTICE INVITING BIDS
1 NOTICE INVITING BIDS

The City of Beaumont, Public Works Department (“City”) is soliciting bids for:

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

BID DATES, TIMES, & LOCATIONS:

Bid Published: February 11, 2022
Bids Must Be Received By: March 03, 2022 @ 11:00 A.M.

Place Of Bid Receipt: 550 E. Sixth Street (City Hall) Beaumont, CA 92223
Questions In By: February 22, 2022 @ 11:00 A.M.

Bid Opening Date: March 03, 2022 @ 1:15 P.M.

Bid Opening Location: 550 E. Sixth Street (City Hall), Room 4 Beaumont, CA 92223

Bids received after this time will be discarded. Bids shall be valid for 60 calendar days after the bid opening date. Bids must be submitted on the City’s Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:

“BID FOR CITYWIDE TRAFFIC SIGNAL MAINTENANCE”

LOCATION OF WORK:

The work to be completed is located at traffic signals citywide throughout the city of Beaumont.

DESCRIPTION OF WORK:

The proposed work shall be performed in accordance with the Contract; General Conditions, and Scope of Work.

The Contractor shall perform normal scheduled maintenance and emergency maintenance of traffic signal systems, and highway safety lighting for the specific locations that are the responsibility of the City of Beaumont. The Contractor may also provide equipment and/or technical support to City Engineer or designee in said scope of work.

CONTRACT LENGTH:

The term of the contract shall be determined upon need of services and consistent with the City’s policies. The initial period of the contract is for three (3) years, with two (2) one- year extensions as approved by City Council, subject to agreement terms and the Beaumont Municipal Code.

AWARD OF CONTRACT:
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Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

NOTICE INVITING BIDS
2 The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from the base bid. The 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.

The City of Beaumont hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit Bids in response to this Notice, and that minorities nor minority business enterprises will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. For further information, please see the form titled “Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)” within the Bid Documents.

CONTRACT DOCUMENTS AND SCOPE OF WORK:

Copies of the Contract Documents and Scope of Work are available for inspection at no cost to the bidder at City Hall. The documents can also be downloaded from the City’s Website ( https://www.beaumontca.gov) and WWW.PUBLICPURCHASE.COM and reviewed at no cost.

BID & BIDDER:

Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.

Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:

• Class “A” and/or Class “B”

FOR FURTHER INFORMATION CONTACT:

Public Works Department
Tel: (951) 769-8522
E-mail: [email protected]

1042
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INSTRUCTIONS TO BIDDERS
3 INSTRUCTIONS TO BIDDERS

AVAILABILITY OF CONTRACT DOCUMENTS:

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost. Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids. The 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 the City to obtain the required Contract Documents if they decide to submit a bid for the Project.

EXAMINATION OF CONTRACT DOCUMENTS:

The City has made copies of the Contract Documents available, as indicated above.

Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Scope of Work or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City. Such submission, if any, must be sent to the Project Manager by faxing (951)769-8526 or emailing to [email protected]. Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has purchased a set of Contract Documents. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation. Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

INSPECTION OF SITE:

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the 1043
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INSTRUCTIONS TO BIDDERS
4 construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project.

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 included in the 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.

Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note:

Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.

ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has 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 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.

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 BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non- responsive.

1044
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INSTRUCTIONS TO BIDDERS
5 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 neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

DESIGNATION OF SUBCONTRACTORS:

Pursuant to the funding regulation, the Bidders must designate the name and location of each subcontractor who will perform work or render services for in the amount of $500, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

LICENSING REQUIREMENTS:

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor 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 five (5) 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. Please also note 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.

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 1045
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INSTRUCTIONS TO BIDDERS
6 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.

BID GUARANTEE (BOND):

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. 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 cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

SUBMISSION OF BIDS:

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be emailed to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein.

Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601.

The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City’s designated methods for delivery.

DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids at the address specified in the NIB. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.
1046
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INSTRUCTIONS TO BIDDERS
7 WITHDRAWAL OF BID:

Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative.

BASIS OF AWARD; BALANCED BIDS:

The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. 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.

DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID:

No bidder shall be allowed to make, submit or be interested in more than one bid.

However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City.

No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

INSURANCE REQUIREMENTS:

The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

AWARD PROCESS:

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, 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 (Labor and Materials) Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification.

Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City’s City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:
• Be filed in writing within five (5) calendar days after the bid opening date; • Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation 1047
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INSTRUCTIONS TO BIDDERS
8 being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.

WORKERS COMPENSATION:

Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

SUBSTITUTION OF SECURITY:

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) 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.

PREVAILING WAGES:

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov . Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions, no contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The DIR registration number for each contractor and subcontractor must be identified on the bid proposal - failure to identify this number could result in the bid being rejected as non- responsive. It is each bidder’s responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

1048
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INSTRUCTIONS TO BIDDERS
9 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 Section 1777.1 or Section 1777.7 of the Labor Code. 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.

PERFORMANCE AND PAYMENT BOND REQUIREMENTS:

Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.

REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.

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.

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.

END OF INSTRUCTIONS TO BIDDERS

1049
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

BID FORM
10 BID FORM

NAME OF BIDDER:

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including the general conditions, scope of work, and all addenda, if any, for the following Project:

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

REGULARLY SCHEDULED MAINTENANCE ACTIVITIES:

This is an all-inclusive, firm fixed price Contract between the City and Contractor for Traffic Signal Maintenance Services, as set forth in the Scope of Work. We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Scope of Work for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)

MONTHLY

SCHEDULED

MAINTENANCE
PRICE

TOTAL ANNUAL

BID PRICE
(Monthly Price x
12 months)

Bid will be awarded based on the total annual cost of the regularly scheduled maintenance activities. Compensation shall be a firm fixed annual cost for the duration of the contract, however a fixed escalator may be incorporated on an annual basis. The escalation amount will be negotiated with the City based on the yearly CPI increase per the state of California.

The contractor must provide with their bid a detailed schedule of prices for ALL labor, material, and equipment used in the determination of their monthly regularly scheduled maintenance activities. This should include hourly billable costs for all labor, material, and equipment required by the Scope of Work. All hourly fee schedules should be 1050
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

BID FORM
11 based on the contractor’s current fee schedule rates. The cost schedule shall clearly identify the estimated man-hours by classification and expenses required for each work item, including all sub-consultants and contractors required to complete the Scope of Work.

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall 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. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

EXTRA WORK AND EXTRAORDINARY/EMERGENCY MAINTENANCE:

Bid will be awarded based on the total annual cost of the regularly scheduled maintenance activities. Costs for extra work and extraordinary/emergency maintenance activities shall be determined using the detailed schedule of prices for regularly scheduled maintenance activities provided by the contractor as described above. 1051
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

BID FORM
12 BID CERTIFICATION

Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No.

Expiration Date
Class of license

If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:

1. Addenda No. __________ thru _____________

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.

3. Attached is the fully executed Non-Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

Bidder 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.

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.

Name of Bidder
Signature
Name and Title
Dated
1052
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
13 CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

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
1053
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

BID BOND
14 BID BOND

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

The makers of this bond are,

as Principal, and

, as Surety

and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to 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.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated __________________, 20____, for

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

1054
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

BID BOND
15 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.

(Corporate Seal)
Principal

By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

1055
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

BID BOND
16 STATE OF CALIFORNIA )
) ss.

CITY OF ___________ )
On this ________ day of ___________________, in the year 2019, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In- Fact.

___________________________
Notary Public in and for said State

(SEAL)

Commission expires: _______________

NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

1056
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

DESIGNATION OF SUBCONTRACTORS
17 DESIGNATION OF SUBCONTRACTORS

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount of $500 or more. *** Please list all subcontractor that exceed $500***

Portion of the Work Subcontractor Location of Business % of Work

1057
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

DESIGNATION OF SUBCONTRACTORS
18 Portion of the Work Subcontractor Location of Business % of Work

Name of Bidder
Signature
Name and Title
Dated

1058
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
19 INFORMATION REQUIRED OF BIDDERS

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

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: ___________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number

4.0 License Information:
_____________________________________________________________ License No. Class of License Expiration Date
__________________
DIR Registration No.

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

6.0 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? _______________________________________________
1059
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
20 7.0 If Bidder’s organization is a corporation, answer the following:

7.1 Date of Incorporation: ________________________________

7.2 State of Incorporation: ________________________________

7.3 President’s Name: ________________________________

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

7.5 Secretary’s Name: ________________________________

7.6 Treasurer’s Name: ________________________________

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

8.1 Date of Organization:
______________________________________

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

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

10.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 1060
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
21 11.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

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

13.0 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:
___________________________________________________________ ___________________________________________________________

14.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

15.0 List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 1061
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
22 16.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
23 B. LIST OF CURRENT PROJECTS (Backlog)

[**Duplicate Page if needed for listing additional current projects.**]

Project Description of
Bidder’s Work
Completion
Date
Cost of
Bidder’s Work
Contact Name &
Phone

1063
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
24 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.

Project Client Description of
Bidder’s Work
Period of
Performance
Cost of Bidder’s
Work
Contact Name
& Phone

1064
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
25 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.
1065
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

INFORMATION REQUIRED OF BIDDERS
26 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:

________________________________________________________________

________________________________________________________________

________________________________________________________________

E. VERIFICATION AND EXECUTION

These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name and Title
Dated
1066
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

NON-COLLUSION AFFIDAVIT
27 NON-COLLUSION AFFIDAVIT

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

I,___________________________, being first duly sworn, deposes and says that he is of ______________________ the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Bidder
Signature
Name and Title
Dated

1067
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

28 PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, ___________________________ (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ________________________________ (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-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, 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 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 City, during which 1068
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

29 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 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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) 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.
(3) 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.
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

30 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.]
1070
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

31 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2019.

_________________________________________

CONTRACTOR/PRINCIPAL

_________________________________________
Name

By_______________________________________

SURETY:

By: ______________________________________
Attorney-In-Fact

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(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
1071
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

32 STATE OF CALIFORNIA )
) ss.

CITY OF ___________ )
On this ________ day of ___________________, in the year 2019, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed the name of the
___________________________ (Surety) thereto and his own name as Attorney-In- Fact.

Notary Public in and for said State
(SEAL)
Commission expires: _______________
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

1072
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

33 PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS That

WHEREAS, the City of Beaumont (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 2020_ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
______________________________________________________________________ ______ (the “Project”); 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 Section 3181 of the Civil Code, 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 Section 18663 of the Revenue and Taxation Code, 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 Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
1073
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

34 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 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 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 Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal, __________
if corporation) Principal (Property Name of Contractor) By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
1074
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

35 PUBLIC WORKS AGREEMENT

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

1075
Item 13.

City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

36 GENERAL CONDITIONS

CITYWIDE TRAFFIC SIGNAL MAINTENANCE
1076
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GENERAL CONDITIONS
1 GENERAL CONDITIONS

TABLE OF CONTENTS
GC01. DEFINITIONS ......................................................................................................... 1 GC02. CONTRACT DOCUMENTS .................................................................................... 2 GC03. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE ..................................... 3 GC04. DETAIL DRAWINGS AND INSTRUCTIONS ........................................................... 3 GC05. EXISTENCE OF UTILITIES AT THE WORK SITE ................................................... 4 GC06. SCHEDULE ............................................................................................................ 5 GC07. SUBSTITUTIONS ................................................................................................... 5 GC08. SHOP DRAWINGS ................................................................................................. 6 GC09. SUBMITTALS ......................................................................................................... 7 GC10. MATERIALS ........................................................................................................... 7 GC11. CONTRACTOR’S SUPERVISION .......................................................................... 8 GC12. WORKERS ............................................................................................................. 8 GC13. SUBCONTRACTORS ............................................................................................. 8 GC14. PERMITS AND LICENSES ..................................................................................... 9 GC15. UTILITY USAGE ..................................................................................................... 9 GC16. INSPECTION FEES FOR PERMANENT UTILITIES ............................................... 9 GC17. TRENCHES ...........................................................................................................10 GC18. DIVERSION OF RECYCLABLE WASTE MATERIALS ...........................................10 GC19. REMOVAL OF HAZARDOUS MATERIALS ............................................................11 GC20. SANITARY FACILITIES .........................................................................................11 GC21. AIR POLLUTION CONTROL..................................................................................11 GC22. COMPLIANCE WITH STATE STORM WATER PERMIT ........................................11 GC23. CLEANING UP ......................................................................................................12 GC24. LAYOUT AND FIELD ENGINEERING ....................................................................13 GC25. EXCESSIVE NOISE ..............................................................................................13 GC26. TESTS AND INSPECTIONS ..................................................................................13 GC27. PROTECTION OF WORK AND PROPERTY .........................................................14 GC28. CONTRACTORS MEANS AND METHODS ...........................................................16 GC29. INSPECTOR’S FIELD OFFICE ..............................................................................16 GC30. AUTHORIZED REPRESENTATIVES ....................................................................16 GC31. HOURS OF WORK ................................................................................................16 GC32. PAYROLL RECORDS............................................................................................17 GC33. PREVAILING RATES OF WAGES .........................................................................18 GC34. EMPLOYMENT OF APPRENTICES ......................................................................19 GC35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY.........................19 GC36. LABOR/EMPLOYMENT SAFETY ..........................................................................19 GC37. WORKERS’ COMPENSATION INSURANCE ........................................................19 GC38. EMPLOYER’S LIABILITY INSURANCE .................................................................20 GC39. COMMERCIAL GENERAL LIABILITY INSURANCE ..............................................20 GC40. AUTOMOBILE LIABILITY INSURANCE .................................................................21 GC41. BUILDER’S RISK [“ALL RISK”] ..............................................................................21 GC42. FORM AND PROOF OF CARRIAGE OF INSURANCE ..........................................21 GC43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES .....................................23 GC44. COST BREAKDOWN AND PERIODIC ESTIMATES ..............................................24 GC45. MOBILIZATION .....................................................................................................24 1077
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GENERAL CONDITIONS
2 GC46. PAYMENTS ...........................................................................................................25 GC47. PAYMENTS WITHHELD AND BACKCHARGES....................................................26 GC48. CHANGES AND EXTRA WORK ............................................................................27 GC49. OCCUPANCY ........................................................................................................30 GC50. INDEMNIFICATION ...............................................................................................30 GC51. RECORD (“AS BUILT”) DRAWINGS ......................................................................31 GC52. RESOLUTION OF CONSTRUCTION CLAIMS ......................................................31 GC53. CITY’S RIGHT TO TERMINATE CONTRACT ........................................................33 GC54. WARRANTY AND GUARANTEE ...........................................................................35 GC55. DOCUMENT RETENTION & EXAMINATION ........................................................36 GC56. SOILS INVESTIGATIONS .....................................................................................36 GC57. SEPARATE CONTRACTS .....................................................................................36 GC58. NOTICE AND SERVICE THEREOF .......................................................................37 GC59. NOTICE OF THIRD PARTY CLAIMS .....................................................................37 GC60. STATE LICENSE BOARD NOTICE........................................................................37 GC61. INTEGRATION ......................................................................................................37 GC62. ASSIGNMENT .......................................................................................................37 GC63. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY ............38 GC64. ASSIGNMENT OF ANTITRUST ACTIONS ............................................................38 GC65. PROHIBITED INTERESTS ....................................................................................38 GC66. LAWS AND REGULATIONS ..................................................................................38 GC67. PATENT FEES OR ROYALTIES. ...........................................................................39 GC68. OWNERSHIP OF DRAWING .................................................................................39 GC69. NOTICE OF TAXABLE POSSESSORY INTEREST ...............................................39

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GENERAL CONDITIONS
1 GC01. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated. g. Engineer shall mean the General Manager, or his or her designee, of the Department of Public Works for the City of Beaumont, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.
l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents. 1079
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GENERAL CONDITIONS
2 n. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2015 Edition which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail. q. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

GC02. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders or Work Change Directives

2. Addenda

3. Special Provisions (or Special Conditions)

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor’s Bid Forms

11. Greenbook Standard Specifications (Sections 1-9 Excluded)

12. Standard Plans

13. Reference Documents
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GENERAL CONDITIONS
3 With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings

c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

GC03. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents.

Additional copies may be obtained at cost of reproduction.

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

GC04. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. 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. In no case shall 1081
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GENERAL CONDITIONS
4 Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work. 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, ordinances, rules and regulations, 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.

GC05. EXISTENCE OF UTILITIES AT THE WORK SITE
a. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. b. No excavations were made to verify the locations shown for underground utilities.

The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
c. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work.
d. Notwithstanding the above, pursuant to Section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection. e. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227- 2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the 1082
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GENERAL CONDITIONS
5 Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.

GC06. SCHEDULE
a. Estimated Schedule. Within fourteen (14) days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or 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 the Contractor from performing all Work required for a completed Project within the specified Contract time period. 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 Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather.

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 clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. Schedule duration shall match the Contract time. Schedules indicating early completion will be rejected.
c. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

GC07. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, 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, 1083
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6 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 the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles. c. 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 the 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.
d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the 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 or 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.
e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

GC08. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all 1084
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7 submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal. b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval.

Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

GC09. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

GC10. 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 of every nature whatsoever necessary to execute and complete this Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
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 1085
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8 required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. 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. e. 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.

GC11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full- time Project superintendent approved by the City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.

GC12. WORKERS
a. 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.
b. 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 except with the written Approval of the City.

GC13. SUBCONTRACTORS
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. b. The City reserves the right to Approve all subcontractors. The City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. 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. 1086
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9 GC14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

GC15. 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.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project.
c. All permanent meters Installed shall be listed in the Contractor’s name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City’s existing utilities by compensating the City for utilities used by Contractor.

GC16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City.

Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by the City.

Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees. 1087
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10 GC17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a 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.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1) 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.
2) Subsurface or latent physical conditions at the site differing from those indicated.
3) 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.

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 the Contract Documents.

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.

GC18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor 1088
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11 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 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.

GC19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), 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.

GC20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets 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 regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet 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.

GC21. AIR POLLUTION CONTROL
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.

GC22. COMPLIANCE WITH STATE STORM WATER PERMIT
a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“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 be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. In bidding on this Contract, it shall be Contractor’s responsibility to evaluate the cost 1089
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12 of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the Contract amount. b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage district, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
d. 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.
e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, 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. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.

GC23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and 1090
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13 concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

GC24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a registered civil engineer Approved by the Engineer. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.

GC25. EXCESSIVE NOISE
a. The 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.
b. The 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.

GC26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working 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 City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. b. 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 1091
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14 after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
c. 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. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. 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. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of 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. f. 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.

GC27. PROTECTION OF WORK AND PROPERTY
a. 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.

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 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.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. 1092
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15 c. 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.
d. 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 Project site over a route designated by the Engineer. 4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) 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 Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) 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 an approved civil engineer or land surveyor, at no cost to the City. 7) 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.
8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the 1093
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16 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 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.

GC28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work.

In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

GC29. INSPECTOR’S FIELD OFFICE
a. The Contractor shall be responsible for providing the inspector’s field office. The Office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, and a fax machine at Contractor’s expense.
b. A table satisfactory for the study of plans and two chairs shall be Provided by Contractor. Contractor shall Provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

GC30. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents. The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

GC31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. 1094
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17 b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. 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 City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.

GC32. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work.

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. b. 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:
1) 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.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
c. 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.
d. Any copy of records made available for inspection and furnished upon request to the public 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 or any subcontractor shall not be marked or obliterated. 1095
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18 e. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section.

Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit Twenty-five Dollars ($25.00) for each day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the DIR, such penalties shall be withheld from contract payments.

GC33. PREVAILING RATES OF WAGES
a. 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” 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 Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/ . In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City. 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 elected officials, officers, employees and agents 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.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code.

The difference between such stipulated 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 stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. 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. If the Work involves federal funds or otherwise requires compliance with the Davis- Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates. 1096
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19 GC34. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

GC35. 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, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

GC36. LABOR/EMPLOYMENT SAFETY
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.

GC37. WORKERS’ COMPENSATION INSURANCE
The Contractor shall Provide, during the life of this Contract, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Project site, and, in case any of 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 Project 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. 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. 1097
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GENERAL CONDITIONS
20 GC38. EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, 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 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.

GC39. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury – which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder. 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. b. 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. c. 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.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. 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 1098
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21 General Conditions, relating to liability for injury to or death of persons and damage to property. 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.

GC40. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount of, at least, one million dollars ($1,000,000).

Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of Article 30 below.

GC41. BUILDER’S RISK [“ALL RISK”]
a. 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 which are a part of the Contract 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 until the Contract is formally accepted by the Governing Board for the work. The Contractor is required to file with the City a certificate evidencing fire insurance coverage. b. Provide insurance coverage on completed value form, all-risk or special causes of loss coverage.
1) Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
2) Coverage shall include all materials stored on site and in transit. 3) Coverage shall include Contractor’s tools and equipment. 4) Insurance shall include boiler, machinery and material hoist coverage. c. Such insurance shall comply with the provisions of the Contract Documents.

GC42. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. 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 Risk Manager. Carrier(s) shall have 1099
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22 an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self- insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. The City, its Director’s and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that 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 or Stop Work pursuant to 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 coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement 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 Section. 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. c. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies 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. d. The City reserves the right to adjust the monetary limits of insurance coverage’s 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.
e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub-contractors working under this Contract.
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GENERAL CONDITIONS
23 GC43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City’s 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 completion date. Furthermore, 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. If The Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, 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 of $500 for each 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. b. Inclement Weather. Contractor shall abide the Engineer’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.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. 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. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. 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, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
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GENERAL CONDITIONS
24 GC44. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. 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.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

GC45. MOBILIZATION
a. When a bid item is included in the Bid Form 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 (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial 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 Initial 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 first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities. 1102
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GENERAL CONDITIONS
25 4. Establishing fire protection system.

5. Developing and installing a construction water supply.

6. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.

7. Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.

8. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.

9. 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.

10. Arranging for and erection of Contractor’s work and storage yard, including required project signage.

11. Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.

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

13. Submittal of Construction Schedule as required by the Contract Documents.

GC46. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (35) Days after the date of recordation of the Notice of Completion. 1103
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GENERAL CONDITIONS
26 d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.

GC47. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site clean up.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.
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GENERAL CONDITIONS
27 Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.

GC48. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. 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.

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.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days. 4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 1105
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GENERAL CONDITIONS
28 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City’s estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error. 8) Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, 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 extra 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 extra work 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. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less.

Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond 1106
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29 premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor. iv. 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 City exceed twenty-five
(25%) percent of the Net Cost as defined herein.
9) For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 10) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier. 11) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 12) 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 for work. 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. 1107
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30 13) If the City 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 the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
14) 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 extra work, promptly and expeditiously.
15) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

GC49. OCCUPANCY
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 any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

GC50. INDEMNIFICATION
Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in 1108
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31 enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.

GC51. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.

The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date.

Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts. The suitability of the as-builts will be determined by the Engineer.

GC52. RESOLUTION OF CONSTRUCTION CLAIMS
a. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following the statutory procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. All Claims: All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the claimant for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) an amount the payment of which is disputed by the City. c. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant.

The City's written response shall be submitted 15 days after receiving the 1109
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32 additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. d. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the claimant. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the City and the claimant. The City's response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge. e. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause 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
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim f. If the claimant disputes the City's response, or if the City fails to respond within the statutory time period(s), the claimant may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.
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33 g. If following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
h. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor.

GC53. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to the City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Project. 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 Project site. b. Termination For Convenience: The City may terminate performance of The Work in whole or, in part, 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.
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GENERAL CONDITIONS
34 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 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 Documents 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.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of 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: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience." 7) These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. 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.
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GENERAL CONDITIONS
35 GC54. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
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. If the Contractor fails to promptly remedy any defect, or damage; the county 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. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.
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Item 13.

GENERAL CONDITIONS
36 GC55. 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. b. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. c. 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 four (4) years after final payment.

GC56. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.

GC57. SEPARATE CONTRACTS
a. 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.
b. 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. c. 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 1114
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GENERAL CONDITIONS
37 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.

GC58. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. 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 City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

GC59. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

GC60. STATE LICENSE BOARD NOTICE.

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.

GC61. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor.

GC62. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment 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 1115
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GENERAL CONDITIONS
38 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.

GC63. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL
ENTITY
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.

GC64. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract.

This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.

GC65. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the 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.

GC66. LAWS AND REGULATIONS
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 the Engineer 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 the Engineer, 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 1116
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GENERAL CONDITIONS
39 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.

GC67. PATENT FEES OR ROYALTIES.

The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

GC68. OWNERSHIP OF DRAWING
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of The Work.

GC69. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

37 SCOPE OF WORK

CITYWIDE TRAFFIC SIGNAL MAINTENANCE

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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

1 SCOPE OF WORK
Citywide Traffic Signal Maintenance
General
The Contractor shall perform normal scheduled maintenance and emergency maintenance of traffic signal systems, and highway safety lighting for the specific locations that are the responsibility of the City of Beaumont. The Contractor may also provide equipment and/or technical support to City Engineer or designee in said scope of work.

As specified herein, the Contractor shall maintain traffic signal systems to eliminate or reduce the incidences of malfunctions, reduce operational complaints, and maintain equipment in proper working order. In general, routine responses related to these maintenance functions during normal working hours shall be considered normal scheduled maintenance work. Required normal working hours for maintenance response coverage is from 7:00 a.m. to 5:00 p.m.

The Contractor shall recognize these traffic signals, warning devices, and highway lighting as critical safety devices to the public; timely response to requests is imperative. As an incentive to perform, City reserves the right to apply deductions from any billing amounts that are due or may become due to Contractor for failing to meet the requirements herein.

The Contractor shall keep itself informed of all existing and future state, federal, and county laws, ordinances and regulations which in any manner may affect those employed by, or in any way affect the performance of services pursuant to this agreement. The Contractor shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Contractor.

Contractor Requirements

FACILITIES
The Contractor shall at all times have available and readily accessible all required tools, equipment, apparatus, facilities, skilled labor services and materials to perform all work necessary to maintain traffic signal systems, flashing warning lights, and highway safety lighting in a professional manner in accordance with this scope of work. The Contractor shall maintain a single, local telephone number where they can be reached twenty-four (24) hours a day, seven days a week.
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

2 PERSONNEL
The Contractor shall provide, assigned to this Contract exclusively, one (1) Full-time Traffic Signal Maintenance Electrician to provide normal scheduled and extraordinary/emergency maintenance duties. Normal scheduled maintenance services shall be provided during the normal 7:00 a.m. to 5:00 p.m. weekday working hours of this Contract. In addition, these positions may also be required to perform extra work or additional repairs at the request of the City Engineer or designee. These Traffic Signal Maintenance Electricians shall be certified or Licensed according to State of California requirements for electrical workers and shall be certified as Level 2 Traffic Signal Technicians by the International Municipal Signal Association (IMSA). Certifications and licenses must be held in good standing and shall be maintained current throughout the entire duration of the Contract. Electrician qualifications must be reviewed and approved by City prior to the electrician performing duties under this Contract.

Once approved by the City, the Contractor shall provide the City with documentation on the approved electricians including copies of their license or certification, assigned service vehicle information, and contact information. All technicians shall be equipped to perform all required duties of the trade at all times. Reports accounting for one hundred percent (100%) of assigned technician time shall be submitted weekly as outlined in this scope of work.

The Contractor shall also provide support personnel of an appropriate craft to complete work not requiring the services of a Traffic Signal Maintenance Electrician to be deployed on an as needed basis (i.e. - re-lamping, lens cleaning, painting, etc.).

All personnel shall be trained in Equal Employment Opportunity policies and shall conduct themselves in a respectful and professional manner at all times. City reserves the right to require that any worker who demonstrates improper behavior, unsafe work habits or judgment, be removed from the job site and prohibited from further work with the City. Contractor shall be responsible for supplying and using safety equipment, as necessary, to protect personnel, property, and the general public.

REQUEST FOR SERVICES
The Contractor shall receive written or verbal requests for maintenance services outside of the Contractor's normal scheduled maintenance program originating from the City Engineer or designee. The Contractor agrees to complete all requested work in accordance with City specifications. The Contractor shall maintain twenty-four (24) hour response capabilities in order 1120
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

3 to effectively address and respond to requests for services.

RESPONSE CRITERIA FOR REQUESTED SERVICES
A written or verbal work order request by the City Engineer or designee describing work to be done shall constitute authorization for the Contractor to proceed with the requested work. The Contractor shall respond to all work order requests within two (2) hours, either accepting or declining the work. Failure to respond to any request within the established time frame will be considered as a declination. In such an event, the City, at its sole discretion, may obtain other contractor(s) to perform the work.

For extraordinary/emergency maintenance requests, the Contractor shall maintain a local telephone number where the Contractor can be reached twenty-four (24) hours per day.

Emergency contact information shall be provided to the City. Contractor shall provide any sub- contracted answering service(s) with all information needed to efficiently process requested responses to this Contract.

Whenever the Contractor receives requested services from the City Engineer or designee identified as an emergency, Contractor shall provide immediate response. Immediate is defined as with all possible haste, such that the response and commencement of repairs shall be within one (1) hour during normal working hours of the Contract, and within two (2) hours during non- working hours of the Contract, including Saturdays, Sundays, and holidays. Contractor is required to provide the reporting party with an estimated time of arrival. When multiple emergency service requests occur, Contractor is required to respond with adequate staffing and supplies to each individual location within said guidelines and to pursue repairs with due diligence.

As part of emergency response, Contractor may be required to respond to accidents at signalized intersections to inspect traffic signal system and operation and equipment. Contractor shall perform a complete preventative maintenance check as outlined in this scope of work, thoroughly examine and inspect all equipment at the location for physical damage or equipment malfunction, including a complete check of the controller and Conflict Monitoring Unit/Malfunction Management Unit (CMU/MMU). Within five (5) calendar days after completion of this examination, Contractor shall submit to City a written report summarizing the results of the examination and inspection.

The following events shall establish an emergency condition and the following action shall be taken:

1. Failure or malfunction of the traffic signal system or interruption of normal signal 1121
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

4 operations whether caused by damage from vehicle collisions, acts of God, civil disorder, malicious mischief or other similar circumstances. Under these conditions the Contractor shall immediately restore the traffic signal system to normal operation.

2. In the event the failure, malfunction or interruption is caused by a power outage the Contractor shall respond to the locations to ascertain the blacked out condition; check with the serving utility provider for an anticipated power restoration time; place the traffic signal at the intersection in red flash and erect temporary stop signs on all intersection approaches. Contractor may then leave the intersection; continue monitoring the outage with the power company; return to the intersection once power is restored; take down temporary stop signs and return the traffic signal to normal operation.

3. Any appurtenant traffic signal equipment such as safety lights, traffic signal heads, illuminated or reflectorized street name signs affixed to the signal mast arm or pole, or other such devices reported to be knocked down, dangling, or otherwise creating a public safety hazard shall be immediately repaired or removed in order to eliminate the unsafe condition. Any equipment removed shall be promptly scheduled for replacement.

TRAFFIC SIGNAL TURN-OFFS AND TURN-ONS
Contractor shall notify City at least forty-eight (48) hours in advance of scheduled turn-off or turn- on necessitated by the Contractor operation. Contractor shall erect stop signs on each approach of the intersection to provide all-way stop control while the traffic signal is turned off. Placement and removal of the temporary stop signs shall be completed while the signal is in a red flash condition. The Contractor shall make every effort to schedule shutdowns only between the hours of 9:00 a.m. and 3:00 p.m.

STANDARDS
All work performed shall conform to all current applicable Federal, State, and County Standards, and to the scope of work of this Contract. Whenever a question as to the meaning of any portion of this scope of work is in dispute, or where there may be more than one interpretation given to any portion of the specifications, the interpretation of the City shall be final.

SPARE EQUIPMENT
No permanent or temporary change of control mechanisms shall be done without prior approval of City Engineer or designee. In the event a change is necessary to respond to an emergency, the Contractor shall notify the City Engineer or designee by telephone within 24 hours of the next 1122
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Traffic Signal Maintenance

5 working day that equipment was removed and replaced with approved spare equipment.

No equipment shall be installed, removed, or replaced without recording serial (ID) numbers of all equipment involved in the procedure to the Intersection Log Sheet.

The traffic signal systems maintained under this contract currently operate using mostly Type 332 equipment. Adequate tools and spare equipment supplies needed to effectively respond to, isolate, and repair equipment malfunctions shall be always available, on each response vehicle.

In the event Contractor is unable to perform contracted duties due to lack of proper tools or spare equipment, the City at its sole discretion, may obtain other contractor(s) to perform the work.

Contractor shall not install or use City or contracted agency property, equipment, or tools at locations, or for purposes, not included in this scope of work.

RECORD KEEPING AND REPORTING
The Contractor shall keep current, a permanent operational record of each and every piece of traffic control or safety equipment which the Contractor is required to maintain by this Contract.

These records shall be kept at each maintained location on an Intersection Log Sheet provided herein by the City and shall include the date, time, description of device including all model, part and serial numbers, narrative of any deficiencies encountered, and a detail of any corrective action taken. All entries shall be legibly made in chronologic order on the provided sheet in indelible ink and shall be initialed by the individual making the entry.

The Intersection Log Sheet shall be the property of the City. The Contractor shall not remove, copy, or disclose to any person information contained on these records under any circumstance.

Record information shall be obtained or released only through written request to the City. The Contractor shall record all services provided to a signalized location on the Intersection Log Sheet.

The Contractor shall keep one complete set of records for all locations noting all inspections and repairs completed. A separate daily log or diary for every person and vehicle employed on this Contract shall also be maintained. Said log or diary shall fully describe the work or service performed by each individual or piece of equipment and show all chargeable time to this Contract for every twenty-four (24) hour period.

The Contractor shall submit monthly technician reports accounting for one hundred percent (100%) of the assigned technicians work hours, regardless of field time, shop time, or mutual aid time spent outside of this scope of work. The Contractor shall invoice the City with the attached 1123
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

6 technician reports.

The Contractor shall submit a monthly activity report, covering one calendar month's activities by the fifteenth day of the month immediately following the reporting period. These monthly activity reports shall be submitted for the entire duration of this contract and shall include the following information: location where service was provided; date and approximate time when service was performed; reason for service; and description of service, whether routine or emergency shall be noted.

The Contractor shall also submit an annual activity report adhering to the monthly format but covering the entire activities of the previous Contract year. The Contractor shall also submit monthly callout reports containing copies of the original callout logs of the twenty-four (24) hour answering service provider for all calls involving this contract. Copies shall be of the provider's original records, without editing or reproduction by others.

PROGRESS SCHEDULE
The Contractor shall develop a practicable progress schedule which describes in detail the method and anticipated time for executing the requirements of this Contract. The progress schedule shall be submitted to City within ten (10) calendar days of execution of this contract and within five (5) calendar days of receiving written request from City at any other time.

MEETINGS
The Contractor and City Engineer or designee shall meet on a quarterly basis at a mutually agreed upon time and place to discuss and address issues arising from the Contract, and for the Contractor to deliver reports as specified herein.

TESTING
The Contractor shall have available adequate skilled personnel and proper laboratory testing facilities to perform inspections of controller mechanisms, including traffic signal controllers, auxiliary equipment and appurtenances.

All testing shall conform to the following: most current NEMA Specification TS-1 and/or TS-2 (as appropriate ;) Section 86-2.14, "Testing," of the Caltrans Standard Specifications referenced in this Contract Agreement; The "Acceptance Test Manual Type 90 Traffic Signal Control System" published by the Caltrans Laboratory, April 1987 or latest edition. Copies of laboratory reports showing repairs to traffic control equipment shall be submitted to City on an annual basis. 1124
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

7 WARRANTY SERVICE
Newly installed traffic signal components carry a one (1) year warranty provided by the manufacturer and/or installing Contractor. City shall supply the Contractor copies of such warranties. During the warranty period, Contractor is expected to coordinate warranty repairs with the appropriate manufacturer and/or installing contractor. The Contractor shall notify the City of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.

SITE VISITATIONS
Prior to the submission of the bid, Contractor shall visit the work locations, making thorough examination and evaluation of the existing site conditions and surrounding area.

PAYMENT FOR ADMINISTRATIVE REQUIREMENTS
Payment for administrative requirements and all its subsections shall be considered as included in the various items of work and no additional compensation shall be allowed therefore.

Regularly Scheduled Maintenance Activities
The Contractor shall carry on a program of continuing comprehensive routine regular scheduled maintenance designed to eliminate or reduce the incidences of malfunctions, reduce operational complaints and extend the useful life of the equipment. Contractor shall inspect, clean, and if necessary, adjust all traffic signal control equipment to meet manufacturer's original specifications at each signalized intersection once each calendar month. The Contractor shall be financially responsible for equipment determined to be damaged or affected due to neglected regular scheduled maintenance. The program shall include but not be limited to the following:

MONTHLY MAINTENANCE
The Contractor shall perform the following services at each intersection listed in the attached Citywide Traffic Signal Map once per calendar month unless otherwise noted:

1. Clean the inside and outside of all controller cabinet assemblies, electrical service or interconnect cabinets, and remove any foreign material.

2. Replace and/or clean filters as necessary. Tighten all electrical terminations. 1125
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Traffic Signal Maintenance

8 Inspect/protect all related facilities for/from ant, bug, or rodent infiltration.

3. Check the timing of individual signal phases and interval timing circuits for all timed devices in the assemblies.

4. Maintain an accurate graph and set all real-time clocks to the National Bureau of Standards (World Wide Vector or Coordinated Universal Time) time.

5. Check the timing of the yellow (caution) intervals on all phases by stopwatch.

6. Check detector units and systems including but not limited to inductive loops, microwave sensor, and pedestrian push buttons for correct detection of both vehicles and pedestrians and adjust or repair as necessary to restore intended operations. This includes the splicing (or re-splicing) of detector loops. Cutting and installing new loops is considered extra work and will require prior approval by City before work is commenced.

7. Inspect all relays, clocks, dials, motors, switches, etc. Adjust or repair as needed.

8. Walk all the approaches of the intersection and visually inspect all signal poles, mast arms, signal heads and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement and/or operation. Any traffic signal or illuminated indication that is burned out or that has reached its 80 percent depletion curve shall be replaced. All traffic heads and pedestrian heads found out of alignment shall be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy or report visibility deficiencies to City Engineer or designee immediately. Missing signs shall be replaced. Cracked or damaged loop sealants shall be re-sealed. All other equipment found loose, missing, or damaged shall be secured, replaced, or repaired.

9. Immediately correct all safety deficiencies found during routine inspections and schedule non-emergency work with City Engineer or designee.

10. Check all traffic signal controller communications equipment (internal modem and/or interface modules) for proper operation and adjust or repair as needed. The repair or replacement of traffic signal interconnect cables shall be extra work and will require prior approval by the City before work is commenced.

11. Check and record Uninterrupted Power Supply (UPS) or Battery Backup System for proper operation, including checking and recording operational voltage range of all batteries, and 1126
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Traffic Signal Maintenance

9 adjust or repair as needed. The repair or replacement of any of the UPS components, including batteries, shall be considered extra work and will require prior approval by City before work is commenced.

12. Provide traffic signal coordination maintenance for all signals shown on the attached Citywide Traffic Signal Map. Signal coordination maintenance shall include implementation and modification of signal timing and server maintenance, quick net pro and hardware on all the intersections listed above. The signal coordination's are coordinated via quick net pro or direct hardwire coordination. Contractor shall provide cost for labor and materials needed to maintain the system as designed.

TRAFFIC SIGNAL CONTROLLER ASSEMBLYS
The Contractor shall repair, replace or otherwise render in good working order any and all defective parts of the traffic signal control equipment with like make and model parts as necessary to ensure the safe and proper operation of said signal equipment. No field repair of electronic equipment is allowed; all repaired equipment must be "bench tested" according to manufacturer recommendations prior to re-installing into service.

Controller mechanisms including controller units, auxiliary and monitoring devices, and appurtenances such as detectors, transformers, external logic system, and related items shall be serviced and overhauled as per equipment service intervals below. Item not listed shall be serviced and maintained per the manufacturer's recommendations. An overhaul shall include cleaning, timing check, necessary adjustment, and testing. Solid state equipment shall be maintained according to manufacturer's specifications.

Traffic signal controller assemblies that become obsolete or that deteriorate beyond repair should be removed from service. The Contractor shall report such conditions to the City along with sufficient evidence to support the replacement of the equipment. The replacement of the obsolete or unsalvageable equipment shall be at the discretion of the City and any approved replacements shall constitute extra work.

EQUIPMENT SERVICE INTERVALS
The Contractor shall overhaul all local controller and coordination units once every twelve (12) months. The operation of the conflict/voltage monitor shall be tested on a National Electrical Manufacturers Association (NEMA) Conflict Voltage Monitor Tester once every six (6) months.

Additionally, the conflict/voltage monitor shall be tested at least once every twelve ( 12) months in the field by manually creating all possible fault conditions at the termination outputs. 1127
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

10 SIGNS
The Contractor shall repair or furnish and replace any damaged or missing control signs affixed to any signal mast or pole. Sign fabrication materials shall meet the requirements of this scope of work.

REPLACEMENT OF TRAFFIC SIGNAL AND ILLUMINATED INDICATIONS

The Contractor shall furnish all replacement Light Emitting Diode (L.E.D.) Modules, safety lamps, program visibility lamps, illuminated street name sign lamps and illuminated traffic sign lamps.

All said materials shall be new. The cost to provide replacement L.E.D. units shall constitute extra work; however, all labor associated with maintaining a traffic signal indication in proper working order is considered regular scheduled maintenance during normal business hours.

The Contractor shall record the serial numbers of all L.E.D. modules installed and removed from a location. These serial numbers shall be included on the billing invoice. The Contractor shall use only L.E.D. type modules to replace signal indications. Incandescent lamps or fixtures shall not be installed to any signal indication housing.

The Contractor shall repair, or furnish new and replace, any damaged and/or knocked down illuminated street name signs. Furnishing a replacement illuminated street name sign fixture and/or street name panels shall be considered extra work and will require prior approval by City before work is commenced.

FLASHING LIGHT WARNING DEVICES

The Contractor shall perform the following services at each facility at the request of the City Engineer or designee.

1. Clean the inside and outside of all controller assemblies and remove any foreign material.

2. Check the timing intervals for the flashing operation

3. Inspect each IRWL indication for operation, physically verify each fastener is present, tightened, and secured; resolve any moisture penetration to IRWL assembly; inspect L.E.D. indications at pedestrian push-button locations where present. 1128
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Traffic Signal Maintenance

11 4. Maintain an accurate chronograph and set all real-time clocks to the National Bureau of Standards (WWV or UTC) time.

5. Visually inspect all relays, clocks, dials, motors, switches, etc. Adjust or repair as needed.

6. Walk all the approaches of the facility and visually inspect all flasher poles, heads and indications, traffic control signs, pull box covers, and any other devices, and verify the correct condition, placement, and/or operation. Any burned out indications or illuminated sign lamps shall be replaced. All traffic heads found out of alignment shall be properly aligned and secured. Check warning indication visibility at approach distances, resolve or report visibility deficiencies to City Engineer or designee immediately. All other equipment found loose, missing, or damaged shall be secured, replaced, or repaired.

7. Immediately correct all safety deficiencies found during routine inspections and schedule non-emergency work with City Engineer or designee.

HIGHWAY SAFEY LGHTING AND LLUMINATED SIGNS

The Contractor shall perform the following services at each facility at the request of the City Engineer or designee.

1. Check all safety lighting systems and illuminated signs for proper operation and replace any burned out lamps and fuses or reset tripped circuit breakers. Field inspections shall be conducted at night unless the electrical service is of a type that permits daytime inspection.

2. The Contractor shall repair, or furnish new and replace, any inoperative starter boards, ballasts, or photoelectric controls, and any damaged and/or knocked down safety light or illuminated sign assemblies. Furnishing replacement equipment shall be considered extra work requiring approval by City before work commences.

UN-INTERRUPTED POWER AND BATTERY BACKUP SYSTEMS

Un-interrupted power and battery backup systems, including control and switching units, shall be tested monthly in accordance with the manufacturers recommended maintenance as a part of routine maintenance. Specific information on monthly tests shall be cataloged as specified on the City's Intersection Log Sheet. Replacement of battery backup system components shall be considered extra work and will require prior approval by City before work is commenced.

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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

12 FIBER OPTIC COMMUNICATIONS SYSTEMS

Contractor shall inspect any fiber optic communications links present within controller cabinets for cleanliness and visual connectivity on a monthly basis. Any deficiencies shall be reported to the City by the fifteenth (15th) day of the month immediately following the reporting period.

NEW INSTALLATIONS

During the course of this Contract, the City may add or delete facilities to be maintained from the original list in the attached Citywide Traffic Signal Map. The Contractor shall commence and/or terminate services immediately at all locations identified in writing by the City. The contractor shall be compensated an appropriately prorated amount as per the various bid items of work resulting from mid-billing cycle notifications of additions or deletions.

SALVAGED OR DAMAGED EQUIPMENT

Salvaged or damaged equipment shall become the property of the Contractor unless directed otherwise by the City.

ADDITIONAL REPAIRS, EXTRA WORK, AND EXTRAORDINARY/EMERGENCY MAINTENANCE

1. Upon City's request, the Contractor shall submit supplemental proposals for additional repairs & extra work not called for under this Scope of Work.

2. The Contractor shall provide supplemental proposals in accordance with the hourly rates as specified in the RFP.

3. The City reserves the right to obtain supplemental proposals from, and use, alternate sources for completion of the additional repairs & extra work and to utilize the data provided under this Contract relative to necessary materials and repairs.

4. If the City authorizes work by an alternate source, the Contractor may be relieved of responsibilities pertaining to the equipment affected by the project while work is being performed and during the subsequent warranty period.

5. Contractor shall continue to provide services to all areas not affected by work provided by alternate sources.

6. Upon completion of any additional repairs & extra work, whether by Contractor or an 1130
Item 13.

City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

13 alternative source, the City Engineer or designee and Contractor will inspect the finished product at no additional cost to the City. Upon mutual acceptance of the additional repairs & extra work, the Contractor shall again be responsible for all equipment originally covered under this Contract and the work performed under this section.

7. Extraordinary/emergency maintenance may be necessary in certain cases.

Extraordinary/emergency maintenance includes labor and materials necessary to ensure the safe and efficient operation of the City's traffic signal and highway lighting system that goes beyond the regular scheduled maintenance programs established by this scope of work. Generally, extraordinary/emergency maintenance involves the replacement of equipment damaged by acts of God, civil disorder, vehicle collisions or vandalism, but such replacements may also stem from obsolescence or other unusual factors.

8. All additional repairs & extra work, except for extraordinary/emergency maintenance as provided for in this scope of work and extra work materials needed to complete routine regular scheduled maintenance as provided for in this scope of work, shall require prior written authorization from the City by means of a City issued work order. All items of work requested in said work orders shall be completed by the Contractor to the City's satisfaction within ten (10) calendar days unless specifically directed otherwise by the City. Should the Contractor be unable to complete the extra work within the specified time, the Contractor shall submit to the City a written explanation for the delay and an anticipated completion date for said work.

Contractor Pricing

COMPENSATION
This is an all-inclusive, firm fixed price Contract between the City and Contractor for Traffic Signal Maintenance Services, as set forth in this Scope of Work. The Contractor agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing, labor, insurance, bonds, prevailing wage, vehicles, equipment, tools, materials, overhead, travel, etc. required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein below for work performed in accordance with the Scope of Work. The City shall not pay any sum in excess of the Total Contract Amount or Fixed Prices specified, unless work is authorized by the City Engineer 1131
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

14 in accordance with this RFP.

PRICE INCREASES / DECREASES
No price increases will be permitted during the first period of the Contract. All price decreases will automatically be extended to the City. For each renewable extension the price increase or decrease will reflect the consumer price index (CPI) of the Riverside-San Bernardino-Ontario area as specified per State of California Department of Labor. No retroactive price adjustments will be considered. The City may enforce, adjust, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor's profit will not be allowed.

FIRM DISCOUNT AND PRCING STRUCTURE
Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to the City during the term of this Contract not otherwise specified and provided for within this Contract.

CONTRACTOR’S EXPENSE
The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

PAYMENT TERMS
Invoices are to be submitted monthly, after services have been completed, to the address specified below. Payment will be next 30 days after receipt of an invoice in a format acceptable to the City. Invoices shall be verified and approved by the City and subject to routine processing requirements. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the City for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. Payments made by the City shall not preclude the right of the City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
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City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

15 INVOICING INSTRUCTIONS
The Contractor will provide an invoice on the Contractor's letterhead. Each invoice will have a unique number and will include the following information:

1. Contractor’s name and address

2. Delivery/service address

3. Contract number

4. Service Date

5. Description of Tasks/Services (as specified above)

6. Hourly Rate, Classification/Title and Number of Hours for each Task/Service

7. Total Invoice Amount

8. Taxpayer ID number
The responsibility for providing an acceptable invoice to the City for payment rests with the Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor for correction. In addition, no invoices shall be submitted without reference to approved city work order numbers and accompanying support documentation, as listed· in this section. The Contractor shall provide all necessary support documentation with each invoice claim for payment.

This includes summary proof of preventative maintenance completions, extra work repair records, county work order approval, weekly technician reports, monthly activity reports, monthly callout reports, receipts for non-bid-item equipment purchases and non-bid-item sub- contractor work, certified payroll reports, maintenance reports, and equipment repair/lab reports. Contractor shall submit in addition to, and in the same sorting of, hard copy invoice submittals, a complete electronic summary of invoice data that is compatible with Microsoft Office spreadsheet programs.

The Contractor shall submit approval requests for extra work within 30 days of completion.

Invoices requesting payment for extra work shall be submitted within 30 days of receiving City 1133
Item 13.

City of Beaumont Request for Proposal City Wide
Traffic Signal Maintenance

16 approval. Extra work invoices shall reference the name and classification of each technician for which labor charges are applied.

The Contractor shall submit regular scheduled maintenance invoices within 30 days of completing work. Invoice claims must be separated by jurisdiction and work location, with all charges totaled for each individual location and project. Charges that are not referenced to specific location or include locations for more than one jurisdiction will not be processed or granted extension of submittal terms.

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City of Beaumont
Request for bid Citywide Traffic Signal
Maintenance

38 CITYWIDE TRAFFIC SIGNAL MAP

CITYWIDE TRAFFIC SIGNAL MAINTENANCE
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BROOKSIDE AVE
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CITY OF BEAUMONT2020 CITYWIDE TRAFFIC SIGNALSPUBLIC WORKS DEPARTMENT LEGEND
Traffic Signals
City Limits
Beaumont_Parcels
City Roads

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Interstate
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Date Created: 01/08/20

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1 Ri versi de C herry Avenue North School Entrance2RiversideCherry Avenue Beaumont Avenue3RiversideBeaumont Avenue Brookside A venue4BeaumontBeaumont Avenue Cougar Way5BeaumontBeaumont Avenue Oak Valley Parkway6BeaumontOak Valley Parkway Oak Vi ew Drive7BeaumontOak Valley Parkway Oak Valley Plaza8BeaumontOak Valley Parkway Golf Club D ri ve9BeaumontFourth Street Prime D rive10BeaumontForth Street Veile Avenue11CaltransBeaumont Avenue First Street12CaltransBeaumont Avenue Fourth Street13CaltransBeaumont Avenue I-1014CaltransBeaumont Avenue I-1015CaltransBeaumont Avenue Fifth Street16BeaumontCalifornia Avenue Sixth Street17BeaumontBeaumont Avenue Sixth Street18BeaumontSixth Street Palm Avenue19BeaumontSixth Street Pennsylvani a Avenue20BeaumontFirst Street Commerce Avenue21BeaumontSecond Street Commerce Avenue22BeaumontFirst Street Emory Avenue23BeaumontHighland Springs Avenue First Street24BeaumontSecond Street Paseo Beamount25BeaumontHighland Springs Avenue Second Street26BeaumontHighland Springs Avenue I-1027BeaumontHighland Springs Avenue I-1028BanningHighland Springs Avenue Sixth Street29BanningHighland Springs Avenue Eight Street30BeaumontHighland Springs Avenue Sundance Corporate 31 Beaumont Highland Springs Avenue Sundance Dri ve32BeaumontHighland Springs Avenue Oak Valley Parkway33BeaumontFourth Street Distribution Way34CaltransOak Valley Parkway I-1035CaltransOak Valley Parkway I-10 1136
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Staff Report

TO: City Council
FROM: Christina Taylor, Community Development Director
DATE May 3, 2022
SUBJECT: Consideration of a Letter of Opposition to Assembly Bill 2011

Background and Analysis:

Assembly Member Wicks has proposed Assembly Bill 2011 known as the “Affordable Housing and High Road Jobs Act of 2022.” A copy of the proposed legislation is included as Attachment B to this report.

The primary concerns surrounding this bill pertain to land use compatibility, lack of CEQA analysis and loss of local control through State imposed mandates. The bill touts affordable housing development and labor protections but does not effectively put in place measures to address either.

This bill is opposed by League of California Cities and the State Building and Construction Trades Council.

Fiscal Impact:

City staff estimates it cost approximately $140 to prepare this report.

Recommended Action:

It is recommended that the City Council consider this letter of opposition and take action as it deems appropriate.

Attachments:

A. Letter Opposing Assembly Bill 2011
B. Assembly Bill 2011 text

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City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769 -8520 | Beaumont CA.gov April 25, 2022

The Honorable Buffy Wicks
California State Assembly
1021 O Street
Sacramento, CA 95814

RE: AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 - Notice of Opposition

Dear Assembly Member Wicks,

On behalf of the City of Beaumont, I am writing to convey our opposition to AB 2011, which would mandate by-right affordable housing in retail, office, and commercial zones.

Determining appropriate zoning and overlays is an intensive process that the city does not take lightly. Many social, environmental, and public safety considerations are weighed when determining the appropriate zoning in a municipality’s jurisdiction. The existing process considers the pressures that every municipality experiences when it comes to developing more housing units. However, it is a city’s fundamental responsibility that developments suit their intended zoning areas to reduce catastrophic impacts from environmental factors and public safety events.

While in some instances it may make sense to re-purpose underutilized retail, office, or commercial areas for housing, this should not be a decision that is made on a streamlined, ministerial basis. Locally elected officials, and members of the community, should have the opportunity to weigh in on such decisions, so that the full extent of the local impacts of proposed projects can be considered.

Additionally, the city is concerned that a streamlined review process could result in the development of housing on land that may not be environmentally suitable. For example, areas that are zoned for commercial or retail activity could have served as sites for gas stations, dry cleaners, or other activities that could require environmental mitigation. A thorough public review of proposed projects would allow for these types of issues to be appropriately considered.

For these reasons, the City of Beaumont respectfully opposes AB 2011.

Sincerely,

Lloyd White
Mayor
City of Beaumont

CC: Senator Rosilicie Ochoa-Bogh
Assembly Member Chad Mayes
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Item 14.

AMENDED IN ASSEMBLY APRIL 18, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2011
Introduced by Assembly Member Quirk-Silva Wicks
February 14, 2022
An act to amend Section 50675.1.1 of the Health and Safety Code, relating to housing, and making an appropriation therefor. add Chapter

4.1 (commencing with Section 65912.100) to Division 1 of Title 7 of the Government Code, relating to housing.
legislative counsel’s digest
AB 2011, as amended, Quirk-Silva Wicks. Multifamily Housing Program: housing for people experiencing homelessness: recreational vehicle parking programs. Affordable Housing and High Road Jobs Act of 2022.

The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards.

This bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to

97 1164
Item 14.

require, in contracts with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified.

The bill would require a development proponent to certify to the local government that those standards will be met in project construction.

By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a development of 50 or more housing units to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local government that they are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified civil penalties for failing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

The approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.
97 — 2 — AB 2011 1165
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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the Multifamily Housing Program, which is administered by the Department of Housing and Community Development. Existing law requires that funds appropriated in the 2020 Budget Act or an act related to the 2020 Budget Act to provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic be disbursed in accordance with the Multifamily Housing Program for specified uses.

This bill would expand the eligible use of those above-described funds to include costs relating to recreational vehicle parking programs. By authorizing the use of previously appropriated funds for a new purpose, the bill would make an appropriation.

Vote: 2⁄3 majority. Appropriation: yes no. Fiscal committee: ​ yes. State-mandated local program: no yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 4.1 (commencing with Section 65912.100) line 2 is added to Division 1 of Title 7 of the Government Code, to read:
line 3
line 4 Chapter 4.1. Affordable Housing and High Road Jobs line 5 Act of 2022
line 6
line 7 Article 1. General Provisions
line 8
line 9 65912.100. This chapter shall be known and cited as the line 10 Affordable Housing and High Road Jobs Act of 2022. line 11 65912.101. For purposes of this chapter, the following terms line 12 have the following meanings:
97 AB 2011 — 3 — 1166
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line 1 (a)  “Commercial corridor” means a highway, as defined in line 2 Section 360 of the Vehicle Code, that is not a freeway, as defined line 3 in Section 332 of the Vehicle Code, and that has a right-of-way, line 4 as defined in Section 525 of the Vehicle Code, of at least 70 and line 5 not greater than 150 feet.
line 6 (b)  “Development proponent” means a developer who submits line 7 a housing development project application to a local government line 8 under the streamlined, ministerial review process pursuant to this line 9 chapter.
line 10 (c)  “Health care expenditures” include contributions under line 11 Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and line 12 payments toward “medical care” as defined under Section line 13 213(d)(1) of the Internal Revenue Code.
line 14 (d)  “Industrial use” means utilities, manufacturing, line 15 transportation storage and maintenance facilities, and warehousing line 16 uses. “Industrial use” does not include power substations or utility line 17 conveyances such as power lines, broadband wires, and pipes. line 18 (e)  “Local government” means a city, including a charter city, line 19 a county, including a charter county, or a city and county, line 20 including a charter city and county.
line 21 (f)  “Major transit stop” has the same meaning as defined in line 22 subdivision (b) of Section 21155 of the Public Resources Code. line 23 (g)  “Side street” means a highway, as defined in Section 360 line 24 of the Vehicle Code, that is not a freeway, as defined in Section line 25 332 of the Vehicle Code, and that has a right-of-way, as defined line 26 in Section 525 of the Vehicle Code, of at least 25 and fewer than line 27 70 feet.
line 28 (h)  “Single-family property” means a property with a single line 29 residential dwelling unit. For purposes of this chapter, a residential line 30 dwelling unit does not include accessory dwelling units, as defined line 31 in Section 65852.2, or junior accessory dwelling units, as defined line 32 in Section 65852.22.
line 33 (i)  “Urban uses” means any current or former residential, line 34 commercial, public institutional, transit or transportation line 35 passenger facility, or retail use, or any combination of those uses. line 36 65912.102. The department may review, adopt, amend, and line 37 repeal guidelines to implement uniform standards or criteria that line 38 supplement or clarify the terms, references, or standards set forth line 39 in this chapter. Any guidelines or terms adopted pursuant to this 97 — 4 — AB 2011 1167
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line 1 section are not subject to Chapter 3.5 (commencing with Section line 2 11340) of Part 1 of Division 3 of Title 2 of the Government Code. line 3
line 4 Article 2. Affordable Housing Developments in Commercial line 5 Zones
line 6
line 7 65912.110. Notwithstanding any inconsistent provision of a line 8 local government’s general plan, specific plan, zoning ordinance, line 9 or regulation, a housing development shall be a use by right within line 10 a zone where office, retail, or parking are a principally permitted line 11 use and shall be subject to streamlined, ministerial review pursuant line 12 to Section 65912.114 if the proposed housing development satisfies line 13 all of the requirements in Sections 65912.111, 65912.112, and line 14 65912.113.
line 15 65912.111. A development project shall not be subject to the line 16 streamlined, ministerial review process provided by Section line 17 65912.114 unless the development is proposed to be located on a line 18 site that satisfies all of the following criteria:
line 19 (a)  It is a legal parcel or parcels that meet either of the line 20 following:
line 21 (1)  It is within a city where the city boundaries include some line 22 portion of either an urbanized area or urban cluster, as designated line 23 by the United States Census Bureau.
line 24 (2)  It is in an unincorporated area, and the legal parcel or line 25 parcels are wholly within the boundaries of an urbanized area or line 26 urban cluster, as designated by the United States Census Bureau. line 27 (b)  At least 75 percent of the perimeter of the site adjoins parcels line 28 that are developed with urban uses. For purposes of this line 29 subdivision, parcels that are only separated by a street or highway line 30 shall be considered to be adjoined.
line 31 (c)  It is not adjacent to any site where more than two-thirds of line 32 the square footage on the site is dedicated to industrial use. line 33 (d)  It satisfies the requirements specified in subparagraphs (B) line 34 to (K), inclusive, of paragraph (6) of subdivision (a) of Section line 35 65913.4.
line 36 (e)  It is not an existing parcel of land or site that is governed line 37 under the Mobilehome Residency Law (Chapter 2.5 (commencing line 38 with Section 798) of Title 2 of Part 2 of Division 2 of the Civil line 39 Code), the Recreational Vehicle Park Occupancy Law (Chapter line 40 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of 97 AB 2011 — 5 — 1168
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line 1 Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 line 2 (commencing with Section 18200) of Division 13 of the Health line 3 and Safety Code), or the Special Occupancy Parks Act (Part 2.3 line 4 (commencing with Section 18860) of Division 13 of the Health line 5 and Safety Code).
line 6 65912.112. A development project shall not be subject to the line 7 streamlined, ministerial review process provided by Section line 8 65912.114 unless the development proposal meets all of the line 9 following affordability criteria:
line 10 (a)  One hundred percent of the units within the development line 11 project, excluding managers’ units, shall be dedicated to lower line 12 income households, as defined in Section 50079.5 of the Health line 13 and Safety Code, at an affordable cost, as defined by Section line 14 50052.5, or an affordable rent set in an amount consistent with line 15 the rent limits established by the California Tax Credit Allocation line 16 Committee.
line 17 (b)  The units shall be subject to a recorded deed restriction for line 18 a period of 55 years for rental units and 45 years for line 19 owner-occupied units.
line 20 65912.113. A development project shall not be subject to the line 21 streamlined, ministerial review process provided by Section line 22 65912.114 unless the development proposal meets all of the line 23 following objective development standards:
line 24 (a)  The development shall be a multifamily housing project and line 25 at least 67 percent of the square footage of the new construction line 26 associated with the project shall be designated for residential use. line 27 (b)  The residential density for the development will meet or line 28 exceed the applicable density deemed appropriate to accommodate line 29 housing for lower income households in that jurisdiction as line 30 specified in paragraph (3) of subdivision (c) of Section 65583.2. line 31 (c)  The development will meet the following objective zoning line 32 standards, objective subdivision standards, and objective design line 33 review standards:
line 34 (1)  The applicable standards shall be those for the zone that line 35 allows residential use at a greater density between the following:
line 36 (A)  The existing zoning designation for the parcel. line 37 (B)  The closest parcel that allows residential use at a density line 38 that meets the requirements of subdivision (b). 97 — 6 — AB 2011 1169
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line 1 (2)  The applicable standards shall be those in effect at the time line 2 that the development is submitted to the local government pursuant line 3 to this article.
line 4 (3)  The applicable standards shall not preclude any additional line 5 density or any other concessions, incentives, or waivers of line 6 development standards granted pursuant to the Density Bonus line 7 Law in Section 65915.
line 8 (d)  For purposes of this section, “objective zoning standards,” line 9 “objective subdivision standards,” and “objective design review line 10 standards” mean standards that involve no personal or subjective line 11 judgment by a public official and are uniformly verifiable by line 12 reference to an external and uniform benchmark or criterion line 13 available and knowable by both the development applicant or line 14 proponent and the public official before submittal. These standards line 15 may be embodied in alternative objective land use specifications line 16 adopted by a city or county, and may include, but are not limited line 17 to, housing overlay zones, specific plans, inclusionary zoning line 18 ordinances, and density bonus ordinances, subject to the following:
line 19 (1)  A development shall be deemed consistent with the objective line 20 zoning standards related to housing density, as applicable, if the line 21 density proposed is compliant with the maximum density allowed line 22 within that land use designation, notwithstanding any specified line 23 maximum unit allocation that may result in fewer units of housing line 24 being permitted.
line 25 (2)  In the event that objective zoning, general plan, subdivision, line 26 or design review standards are mutually inconsistent, a line 27 development shall be deemed consistent with the objective zoning line 28 and subdivision standards pursuant to this section if the line 29 development is consistent with the standards set forth in the general line 30 plan.
line 31 65912.114. (a)  If the local government determines that the line 32 proposed development is in conflict with any of the objective line 33 planning standards specified in this article, it shall provide the line 34 development proponent written documentation of which standard line 35 or standards the development conflicts with, and an explanation line 36 for the reason or reasons the development conflicts with that line 37 standard or standards, within the following timeframes:
line 38 (1)  Within 60 days of submittal of the development proposal to line 39 the local government if the development contains 150 or fewer line 40 housing units.
97 AB 2011 — 7 — 1170
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line 1 (2)  Within 90 days of submittal of the development proposal to line 2 the local government if the development contains more than 150 line 3 housing units.
line 4 (b)  If the local government fails to provide the required line 5 documentation pursuant to subdivision (a), the development shall line 6 be deemed to satisfy the required objective planning standards. line 7 (c)  For purposes of this section, a development is consistent line 8 with the objective planning standards if there is substantial line 9 evidence that would allow a reasonable person to conclude that line 10 the development is consistent with the objective planning standards. line 11 (d)  The determination of whether a proposed project submitted line 12 pursuant to this section is or is not in conflict with the objective line 13 planning standards is not a “project” as defined in Section 21065 line 14 of the Public Resources Code.
line 15 (e)  Design review of the development may be conducted by the line 16 local government’s planning commission or any equivalent board line 17 or commission responsible for review and approval of development line 18 projects, or the city council or board of supervisors, as line 19 appropriate. That design review shall be objective and be strictly line 20 focused on assessing compliance with criteria required for line 21 streamlined, ministerial review of projects, as well as any line 22 reasonable objective design standards published and adopted by line 23 ordinance or resolution by a local jurisdiction before submittal of line 24 the development to the local government, and shall be broadly line 25 applicable to developments within the jurisdiction. That design line 26 review shall be completed as follows and shall not in any way line 27 inhibit, chill, or preclude the ministerial approval provided by this line 28 section or its effect, as applicable:
line 29 (1)  Within 90 days of submittal of the development proposal to line 30 the local government pursuant to this section if the development line 31 contains 150 or fewer housing units.
line 32 (2)  Within 180 days of submittal of the development proposal line 33 to the local government pursuant to this section if the development line 34 contains more than 150 housing units.
line 35 (f)  The local government shall ensure that the project satisfies line 36 the requirements specified in subdivision (d) of Section 66300, line 37 regardless of whether the development is within or not within an line 38 affected city or within or not within an affected county. line 39 (g)  If the development is consistent with all objective subdivision line 40 standards in the local subdivision ordinance, an application for 97 — 8 — AB 2011 1171
Item 14.

line 1 a subdivision pursuant to the Subdivision Map Act (Division 2 line 2 (commencing with Section 66410)) shall be exempt from the line 3 requirements of the California Environmental Quality Act (Division line 4 13 (commencing with Section 21000) of the Public Resources line 5 Code).
line 6 (h)  A local government’s approval of a development pursuant line 7 to this section shall, notwithstanding any other law, be subject to line 8 the expiration timeframes specified in subdivision (f) of Section line 9 65913.4.
line 10 (i)  Any proposed modifications to a development project line 11 approved pursuant to this section shall be undertaken pursuant to line 12 subdivision (g) of Section 65913.4.
line 13 (j)  A local government shall not adopt or impose any line 14 requirement, including, but not limited to, increased fees or line 15 inclusionary housing requirements, that applies to a project solely line 16 or partially on the basis that the project is eligible to receive line 17 streamlined, ministerial review pursuant to this section. line 18 (k)  A local government shall issue a subsequent permit required line 19 for a development approved under this section pursuant to line 20 paragraph (2) of subdivision (h) of Section 65913.4. line 21 (l)  A public improvement that is necessary to implement a line 22 development that is approved pursuant to this section shall be line 23 undertaken pursuant to paragraph (3) of subdivision (h) of Section line 24 65913.4.
line 25
line 26 Article 3. Mixed-Income Housing Developments Along line 27 Commercial Corridors
line 28
line 29 65912.120. Notwithstanding any inconsistent provision of a line 30 local government’s general plan, specific plan, zoning ordinance, line 31 or regulation, a housing development shall be a use by right within line 32 a zone where office, retail, or parking are a principally permitted line 33 use and shall be subject to streamlined, ministerial review pursuant line 34 to Section 65912.124 if the proposed housing development satisfies line 35 all of the requirements in Sections 65912.121, 65912.122, and line 36 65912.123.
line 37 65912.121. A development project shall not be subject to the line 38 streamlined, ministerial review process provided by Section line 39 65912.124 unless the development project is on a site that satisfies line 40 all of the following criteria:
97 AB 2011 — 9 — 1172
Item 14.

line 1 (a)  It is located on a legal parcel or parcels that meet either of line 2 the following:
line 3 (1)  It is within a city where the city boundaries include some line 4 portion of either an urbanized area or urban cluster, as designated line 5 by the United States Census Bureau.
line 6 (2)  It is in an unincorporated area, and the legal parcel or line 7 parcels are wholly within the boundaries of an urbanized area or line 8 urban cluster, as designated by the United States Census Bureau. line 9 (b)  The project site abuts a commercial corridor. line 10 (c)  The project site has a frontage along the commercial line 11 corridor of a minimum of 50 feet.
line 12 (d)  The site is not greater than 20 acres.
line 13 (e)  At least 75 percent of the perimeter of the site adjoins parcels line 14 that are developed with urban uses. For purposes of this line 15 subdivision, parcels that are only separated by a street or highway line 16 shall be considered to be adjoined.
line 17 (f)  It is not adjacent to any site where more than two-thirds of line 18 the square footage on the site is dedicated to industrial use. line 19 (g)  The parcel satisfies the requirements specified in line 20 subparagraphs (B) to (K), inclusive, of paragraph (6) of line 21 subdivision (a) of Section 65913.4.
line 22 (h)  The development is not located on a site where any of the line 23 following apply:
line 24 (1)  The development would require the demolition of the line 25 following types of housing:
line 26 (A)  Housing that is subject to a recorded covenant, ordinance, line 27 or law that restricts rents to levels affordable to persons and line 28 families of moderate, low, or very low income.
line 29 (B)  Housing that is subject to any form of rent or price control line 30 through a public entity’s valid exercise of its police power. line 31 (C)  Housing that has been occupied by tenants within the past line 32 10 years, excluding any manager’s units.
line 33 (2)  The site was previously used for housing that was occupied line 34 by tenants, excluding any manager’s units, that was demolished line 35 within 10 years before the development proponent submits an line 36 application under this article.
line 37 (3)  The development would require the demolition of a historic line 38 structure that was placed on a national, state, or local historic line 39 register.
97 — 10 — AB 2011 1173
Item 14.

line 1 (4)  The property contains housing units that are occupied by line 2 tenants, and units at the property are, or were, subsequently offered line 3 for sale to the general public by the subdivider or subsequent line 4 owner of the property.
line 5 (i)  The development shall not be upon an existing parcel of land line 6 or site that is governed under the Mobilehome Residency Law line 7 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 8 of Division 2 of the Civil Code), the Recreational Vehicle Park line 9 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 10 of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome line 11 Parks Act (Part 2.1 (commencing with Section 18200) of Division line 12 13 of the Health and Safety Code), or the Special Occupancy Parks line 13 Act (Part 2.3 (commencing with Section 18860) of Division 13 of line 14 the Health and Safety Code).
line 15 65912.122. A development project shall not be subject to the line 16 streamlined, ministerial review process provided by Section line 17 65912.124 unless the development project meets all of the following line 18 affordability criteria:
line 19 (a)  A rental housing development shall have a recorded deed line 20 restriction that ensures, at a minimum, that for a period of 55 line 21 years, 15 percent of the units shall be set at an affordable rent, as line 22 defined in Section 50053 of the Health and Safety Code, to lower line 23 income households, as defined in Section 50079.5 of the Health line 24 and Safety Code.
line 25 (b)  An owner-occupied housing development shall have a line 26 recorded deed restriction that ensures, at a minimum, either of the line 27 following affordability criteria for a period of 45 years:
line 28 (1)  Thirty percent of the units must be offered at an affordable line 29 housing cost, as defined in Section 50052.5 of the Health and line 30 Safety Code, to moderate-income households, as defined in Section line 31 50093 of the Health and Safety Code.
line 32 (2)  Fifteen percent of the units must be offered at an affordable line 33 housing cost, as defined in Section 50052.5 of the Health and line 34 Safety Code, to lower income households, as defined in Section line 35 50079.5 of the Health and Safety Code.
line 36 (c)  If the amount of affordable housing required by a local line 37 inclusionary housing ordinance exceeds that of this section, then line 38 the project shall abide by the local inclusionary housing ordinance. line 39 65912.123. A development project shall not be subject to the line 40 streamlined, ministerial review process provided by Section 97 AB 2011 — 11 — 1174
Item 14.

line 1 65912.124 unless the development project meets all of the following line 2 objective development standards:
line 3 (a)  The development shall be a multifamily housing project and line 4 at least 67 percent of the square footage of the new construction line 5 associated with the project is designated for residential use. line 6 (b)  The residential density for the development shall be line 7 determined as follows:
line 8 (1)  In a metropolitan jurisdiction, as determined pursuant to line 9 subdivisions (d) and (e) of Section 65853.2, the residential density line 10 for the development shall meet or exceed the greater of the line 11 following:
line 12 (A)  The residential density allowed on the parcel by the local line 13 government.
line 14 (B)  For sites on a commercial corridor of less than 100 feet in line 15 width, 40 units per acre.
line 16 (C)  For sites on a commercial corridor of 100 feet in width or line 17 greater, 60 units per acre.
line 18 (D)  Notwithstanding subparagraph (B) or (C), for sites within line 19 one-half mile of a major transit stop, 80 units per acre. line 20 (2)  In a jurisdiction that is not a metropolitan jurisdiction, as line 21 determined pursuant to subdivisions (d) and (e) of Section 65853.2, line 22 the residential density for the development shall meet or exceed line 23 the greater of the following:
line 24 (A)  The residential density allowed on the parcel by the local line 25 government.
line 26 (B)  For sites on a commercial corridor of less than 100 feet in line 27 width, 30 units per acre.
line 28 (C)  For sites on a commercial corridor of 100 feet in width or line 29 greater, 50 units per acre.
line 30 (D)  Notwithstanding paragraphs (2) and (3), for sites within line 31 one-half mile of a major transit stop, 70 units per acre. line 32 (c)  The height limit applicable to the housing development shall line 33 be the greater of the following:
line 34 (1)  The height allowed on the parcel by the local government. line 35 (2)  For sites on a commercial corridor of less than 100 feet in line 36 width, 35 feet.
line 37 (3)  For sites on a commercial corridor of 110 feet in width or line 38 greater, 45 feet.
line 39 (4)  Notwithstanding paragraphs (2) and (3), for sites within line 40 one-half mile of a major transit stop, 65 feet. 97 — 12 — AB 2011 1175
Item 14.

line 1 (d)  The property meets the following setback standards:
line 2 (1)  For the portion of the property that fronts a commercial line 3 corridor, the following shall occur:
line 4 (A)  No setbacks shall be required.
line 5 (B)  All parking must be set back at least 25 feet. line 6 (C)  On the ground floor, the development must abut within 10 line 7 feet of the property line for at least 80 percent of the frontage. line 8 (2)  For the portion of the property that fronts a side street, the line 9 development must abut within 10 feet of the property line for at line 10 least 60 percent of the frontage.
line 11 (3)  When the property line of a development site abuts a line 12 single-family property, the following shall occur:
line 13 (A)  The ground floor of the development project shall be set line 14 back at 10 feet from the single-family property. The amount line 15 required to be set back may be decreased by the local government. line 16 (B)  Starting with the third floor of the property, each subsequent line 17 floor of the development project shall be stepped back from the line 18 single-family property in an amount equal to five feet multiplied line 19 by the floor number. For purposes of this paragraph, the ground line 20 floor counts as the first floor. The amount required to be stepped line 21 back may be decreased by the local government.
line 22 (4)  When the property line of a development site abuts a line 23 property that is not a single-family property, starting with the third line 24 floor of the property, each subsequent floor of the development line 25 project shall be stepped back from the other property in an amount line 26 equal to five feet multiplied by the floor number. For purposes of line 27 this paragraph, the ground floor counts as the first floor. The line 28 amount required to be stepped back may be decreased by the local line 29 government.
line 30 (e)  No parking shall be required, except that this article shall line 31 not reduce, eliminate, or preclude the enforcement of any line 32 requirement imposed on a new multifamily residential or line 33 nonresidential development to provide bicycle parking, electric line 34 vehicle supply equipment installed parking spaces, or parking line 35 spaces that are accessible to persons with disabilities that would line 36 have otherwise applied to the development if this article did not line 37 apply.
line 38 (f)  Other objective zoning standards, objective subdivision line 39 standards, and objective design review standards as follows:
97 AB 2011 — 13 — 1176
Item 14.

line 1 (1)   The applicable standards shall be those for the closest zone line 2 in the city, county, or city and county that allows residential use line 3 at the residential density determined pursuant to subdivision (b). line 4 If no zone exists that allows the residential density determined line 5 pursuant to subdivision (b), the applicable standards shall be those line 6 for the zone that allows the greatest density within the city, county, line 7 or city and county.
line 8 (2)  The applicable standards shall be those in effect at the time line 9 that the development is submitted to the local government pursuant line 10 to this article.
line 11 (3)  The applicable standards shall not preclude any additional line 12 density requirements or any other concessions, incentives, or line 13 waivers of development standards granted pursuant to the Density line 14 Bonus Law in Section 65915.
line 15 (4)  For purposes of this section, “objective zoning standards,” line 16 “objective subdivision standards,” and “objective design review line 17 standards” mean standards that involve no personal or subjective line 18 judgment by a public official and are uniformly verifiable by line 19 reference to an external and uniform benchmark or criterion line 20 available and knowable by both the development applicant or line 21 proponent and the public official before submittal. These standards line 22 may be embodied in alternative objective land use specifications line 23 adopted by a city or county, and may include, but are not limited line 24 to, housing overlay zones, specific plans, inclusionary zoning line 25 ordinances, and density bonus ordinances. In the event that line 26 objective zoning, general plan, subdivision, or design review line 27 standards are mutually inconsistent, a development shall be line 28 deemed consistent with the objective zoning and subdivision line 29 standards pursuant to this subdivision if the development is line 30 consistent with the standards set forth in the general plan. line 31 65912.124. (a)  If the local government determines that the line 32 proposed housing development is in conflict with any of the line 33 objective planning standards specified in this article, it shall line 34 provide the development proponent written documentation of which line 35 standard or standards the development conflicts with, and an line 36 explanation for the reason or reasons the development conflicts line 37 with that standard or standards, within the following timeframes:
line 38 (1)  Within 60 days of submittal of the development proposal to line 39 the local government if the development contains 150 or fewer line 40 housing units.
97 — 14 — AB 2011 1177
Item 14.

line 1 (2)  Within 90 days of submittal of the development proposal to line 2 the local government if the development contains more than 150 line 3 housing units.
line 4 (b)  If the local government fails to provide the required line 5 documentation pursuant to subdivision (a), the development shall line 6 be deemed to satisfy the required objective planning standards. line 7 (c)  For purposes of this section, a development is consistent line 8 with the objective planning standards if there is substantial line 9 evidence that would allow a reasonable person to conclude that line 10 the development is consistent with the objective planning standards. line 11 (d)  The determination of whether a proposed project submitted line 12 pursuant to this section is or is not in conflict with the objective line 13 planning standards is not a “project” as defined in Section 21065 line 14 of the Public Resources Code.
line 15 (e)  Design review of the development may be conducted by the line 16 local government’s planning commission or any equivalent board line 17 or commission responsible for review and approval of development line 18 projects, or the city council or board of supervisors, as line 19 appropriate. That design review shall be objective and be strictly line 20 focused on assessing compliance with criteria required for line 21 streamlined, ministerial review of projects, as well as any line 22 reasonable objective design standards published and adopted by line 23 ordinance or resolution by a local jurisdiction before submittal of line 24 the development to the local government, and shall be broadly line 25 applicable to developments within the jurisdiction. That design line 26 review shall be completed as follows and shall not in any way line 27 inhibit, chill, or preclude the ministerial approval provided by this line 28 section or its effect, as applicable:
line 29 (1)  Within 90 days of submittal of the development proposal to line 30 the local government pursuant to this section if the development line 31 contains 150 or fewer housing units.
line 32 (2)  Within 180 days of submittal of the development proposal line 33 to the local government pursuant to this section if the development line 34 contains more than 150 housing units.
line 35 (f)  The local government shall ensure that the project satisfies line 36 the requirements specified in subdivision (d) of Section 66300, line 37 regardless of whether the development is within or not within an line 38 affected city or within or not within an affected county. line 39 (g)  If the development is consistent with all objective subdivision line 40 standards in the local subdivision ordinance, an application for 97 AB 2011 — 15 — 1178
Item 14.

line 1 a subdivision pursuant to the Subdivision Map Act (Division 2 line 2 (commencing with Section 66410)) shall be exempt from the line 3 requirements of the California Environmental Quality Act (Division line 4 13 (commencing with Section 21000) of the Public Resources line 5 Code).
line 6 (h)  A local government’s approval of a development pursuant line 7 to this section shall, notwithstanding any other law, be subject to line 8 the expiration timeframes specified in subdivision (f) of Section line 9 65913.4.
line 10 (i)  Any proposed modifications to a development project line 11 approved pursuant to this section shall be undertaken pursuant to line 12 subdivision (g) of Section 65913.4.
line 13 (j)  A local government shall not adopt or impose any line 14 requirement, including, but not limited to, increased fees or line 15 inclusionary housing requirements, that applies to a project solely line 16 or partially on the basis that the project is eligible to receive line 17 streamlined, ministerial review pursuant to this section. line 18 (k)  A local government shall issue a subsequent permit required line 19 for a development approved under this section pursuant to line 20 paragraph (2) of subdivision (h) of Section 65913.4. line 21 (l)  A public improvement that is necessary to implement a line 22 development that is approved pursuant to this section shall be line 23 undertaken pursuant to paragraph (3) of subdivision (h) of Section line 24 65913.4.
line 25
line 26 Article 4. Labor Standards
line 27
line 28 65912.130. (a)  A proponent of a development project approved line 29 by a local government pursuant to Article 2 (commencing with line 30 Section 65912.110) or Article 3 (commencing with Section line 31 65912.120) shall require in contracts with construction line 32 contractors, and shall certify to the local government, that the line 33 standards specified in this section will be met in project line 34 construction.
line 35 (b)  A development that is not in its entirety a public work for line 36 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 37 of Division 2 of the Labor Code and approved by a local line 38 government pursuant to Article 2 (commencing with Section line 39 65912.110) or Article 3 (commencing with Section 65912.120) line 40 shall be subject to all of the following:
97 — 16 — AB 2011 1179
Item 14.

line 1 (1)  All construction workers employed in the execution of the line 2 development shall be paid at least the general prevailing rate of line 3 per diem wages for the type of work and geographic area, as line 4 determined by the Director of Industrial Relations pursuant to line 5 Sections 1773 and 1773.9 of the Labor Code, except that line 6 apprentices registered in programs approved by the Chief of the line 7 Division of Apprenticeship Standards may be paid at least the line 8 applicable apprentice prevailing rate.
line 9 (2)  The development proponent shall ensure that the prevailing line 10 wage requirement is included in all contracts for the performance line 11 of the work for those portions of the development that are not a line 12 public work.
line 13 (3)  All contractors and subcontractors for those portions of the line 14 development that are not a public work shall comply with both of line 15 the following:
line 16 (A)  Pay to all construction workers employed in the execution line 17 of the work at least the general prevailing rate of per diem wages, line 18 except that apprentices registered in programs approved by the line 19 Chief of the Division of Apprenticeship Standards may be paid at line 20 least the applicable apprentice prevailing rate. line 21 (B)  Maintain and verify payroll records pursuant to Section line 22 1776 of the Labor Code and make those records available for line 23 inspection and copying as provided in that section. This line 24 subparagraph does not apply if all contractors and subcontractors line 25 performing work on the development are subject to a project labor line 26 agreement that requires the payment of prevailing wages to all line 27 construction workers employed in the execution of the development line 28 and provides for enforcement of that obligation through an line 29 arbitration procedure. For purposes of this subparagraph, “project line 30 labor agreement” has the same meaning as set forth in paragraph line 31 (1) of subdivision (b) of Section 2500 of the Public Contract Code. line 32 (c)  (1)  The obligation of the contractors and subcontractors to line 33 pay prevailing wages pursuant to this section may be enforced by line 34 the any of the following:
line 35 (A)  The Labor Commissioner through the issuance of a civil line 36 wage and penalty assessment pursuant to Section 1741 of the Labor line 37 Code, which may be reviewed pursuant to Section 1742 of the line 38 Labor Code, within 18 months after the completion of the line 39 development.
97 AB 2011 — 17 — 1180
Item 14.

line 1 (B)  An underpaid worker through an administrative complaint line 2 or civil action.
line 3 (C)  A joint labor-management committee through a civil action line 4 under Section 1771.2 of the Labor Code.
line 5 (2)  If a civil wage and penalty assessment is issued pursuant to line 6 this section, the contractor, subcontractor, and surety on a bond line 7 or bonds issued to secure the payment of wages covered by the line 8 assessment shall be liable for liquidated damages pursuant to line 9 Section 1742.1 of the Labor Code.
line 10 (3)  This subdivision does not apply if all contractors and line 11 subcontractors performing work on the development are subject line 12 to a project labor agreement that requires the payment of line 13 prevailing wages to all construction workers employed in the line 14 execution of the development and provides for enforcement of that line 15 obligation through an arbitration procedure. For purposes of this line 16 subdivision, “project labor agreement” has the same meaning as line 17 set forth in paragraph (1) of subdivision (b) of Section 2500 of the line 18 Public Contract Code.
line 19 (d)  Notwithstanding subdivision (c) of Section 1773.1 of the line 20 Labor Code, the requirement that employer payments not reduce line 21 the obligation to pay the hourly straight time or overtime wages line 22 found to be prevailing does not apply to those portions of line 23 development that are not a public work if otherwise provided in a line 24 bona fide collective bargaining agreement covering the worker. line 25 (e)  The requirement of this section to pay at least the general line 26 prevailing rate of per diem wages does not preclude use of an line 27 alternative workweek schedule adopted pursuant to Section 511 line 28 or 514 of the Labor Code.
line 29 65912.131. (a)  For a development of 50 or more housing units line 30 approved by a local government pursuant to Article 2 (commencing line 31 with Section 65912.110) or Article 3 (commencing with Section line 32 65912.120), the development proponent shall require in contracts line 33 with construction contractors and shall certify to the local line 34 government that each contractor of any tier who will employ line 35 construction craft employees or will let subcontracts for at least line 36 1,000 hours shall satisfy the requirements in subdivisions (b) and line 37 (c). A construction contractor is deemed in compliance with line 38 subdivisions (b) and (c) if it is signatory to a valid collective line 39 bargaining agreement that requires utilization of registered 97 — 18 — AB 2011 1181
Item 14.

line 1 apprentices and expenditures on health care for employees and line 2 dependents.
line 3 (b)  A contractor with construction craft employees shall either line 4 participate in an apprenticeship program approved by the State line 5 of California Division of Apprenticeship Standards pursuant to line 6 Section 3075 of the Labor Code, or request the dispatch of line 7 apprentices from a state-approved apprenticeship program under line 8 the terms and conditions set forth in Section 1777.5 of the Labor line 9 Code. A contractor without construction craft employees shall line 10 show a contractual obligation that its subcontractors comply with line 11 this subdivision.
line 12 (c)  Each contractor with construction craft employees shall line 13 make health care expenditures for each employee in an amount line 14 per hour worked on the development equivalent to at least the line 15 hourly pro rata cost of a Covered California Platinum level plan line 16 for two 40-year old adults and two dependents 0 to 14 years of line 17 age for the Covered California rating area in which the line 18 development is located. A contractor without construction craft line 19 employees shall show a contractual obligation that its line 20 subcontractors comply with this subdivision. Qualifying line 21 expenditures shall be credited toward compliance with prevailing line 22 wage payment requirements set forth in Section 65912.102. line 23 (d)  (1)  The development proponent shall provide to the local line 24 government, on a monthly basis while its construction contracts line 25 on the development are being performed, a report demonstrating line 26 compliance with subdivisions (b) and (c). The reports shall be line 27 considered public records under the California Public Records line 28 Act (Division 10 (commencing with Section 7920.000) of Title 1), line 29 and shall be open to public inspection.
line 30 (2)  A development proponent that fails to provide the monthly line 31 report shall be subject to a civil penalty for each month for which line 32 the report has not been provided, in the amount of 10 percent of line 33 the dollar value of construction work performed by that contractor line 34 on the development in the month in question, up to a maximum of line 35 ten thousand dollars ($10,000). Any contractor or subcontractor line 36 that fails to comply with subdivision (b) or (c) shall be subject to line 37 a civil penalty of two hundred dollars ($200) per day for each line 38 worker employed in contravention of subdivision (b) or (c). line 39 (3)  Penalties may be assessed by the Labor Commissioner within line 40 18 months of completion of the development using the procedures 97 AB 2011 — 19 — 1182
Item 14.

line 1 for issuance of civil wage and penalty assessments specified in line 2 Section 1741 of the Labor Code, and may be reviewed pursuant line 3 to Section 1742 of the Labor Code. Penalties shall be deposited line 4 in the State Public Works Enforcement Fund established pursuant line 5 to Section 1771.3 of the Labor Code.
line 6 (e)  Each construction contractor shall maintain and verify line 7 payroll records pursuant to Section 1776 of the Labor Code. Each line 8 construction contractor shall submit payroll records directly to line 9 the Labor Commissioner at least monthly in a format prescribed line 10 by the Labor Commissioner in accordance with subparagraph (A) line 11 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 12 Code. The records shall include a statement of fringe benefits. line 13 Upon request by a joint labor-management cooperation committee line 14 established pursuant to the Federal Labor Management line 15 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall line 16 be provided pursuant to subdivision (e) of Section 1776 of the line 17 Labor Code.
line 18 (f)  All construction contractors shall report any change in line 19 apprenticeship program participation or health care expenditures line 20 to the local government within 10 business days, and shall reflect line 21 those changes on the monthly report. The reports shall be line 22 considered public records pursuant to the California Public line 23 Records Act (Division 10 (commencing with Section 7920.000) of line 24 Title 1) and shall be open to public inspection. line 25 (g)  A joint labor-management cooperation committee established line 26 pursuant to the Federal Labor Management Cooperation Act of line 27 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a line 28 construction contractor for failure to make health care line 29 expenditures pursuant to subdivision (c) in accordance with Section line 30 218.7 or 218.8 of the Labor Code.
line 31
line 32 Article 5. Severability
line 33
line 34 65912.140. The provisions of this chapter are severable. If any line 35 portion, section, subdivision, paragraph, clause, sentence, phrase, line 36 word, or application of this chapter is for any reason held to be line 37 invalid by a decision of any court of competent jurisdiction, that line 38 decision shall not affect the validity of the remaining portions of line 39 this chapter. The people of the State of California hereby declare line 40 that they would have adopted this chapter and each and every 97 — 20 — AB 2011 1183
Item 14.

line 1 portion, section, subdivision, paragraph, clause, sentence, phrase, line 2 word, and application not declared invalid or unconstitutional line 3 without regard to whether any other portion of this chapter or line 4 application thereof would be subsequently declared invalid. In line 5 particular, the provisions of Section 65912.130 and the provisions line 6 of Section 65912.131 are distinct and severable from one another, line 7 and the provisions of subdivision (c) of Section 65912.131 line 8 concerning health care expenditure are distinct and severable line 9 from the remaining provisions of Article 4 (commencing with line 10 Section 65912.131). If Section 65912.130 is held invalid, the line 11 requirements of Section 65912.131 shall stand alone and vice line 12 versa. If any portion of Section 65912.131 is held invalid, the line 13 remaining provisions of this article shall continue in effect with line 14 the exception of subdivision (g) of Section 65912.131. line 15 SEC. 2. No reimbursement is required by this act pursuant to line 16 Section 6 of Article XIII B of the California Constitution for certain line 17 costs that may be incurred by a local agency or school district line 18 because, in that regard, this act creates a new crime or infraction, line 19 eliminates a crime or infraction, or changes the penalty for a crime line 20 or infraction, within the meaning of Section 17556 of the line 21 Government Code, or changes the definition of a crime within the line 22 meaning of Section 6 of Article XIII B of the California line 23 Constitution.
line 24 However, if the Commission on State Mandates determines that line 25 this act contains other costs mandated by the state, reimbursement line 26 to local agencies and school districts for those costs shall be made line 27 pursuant to Part 7 (commencing with Section 17500) of Division line 28 4 of Title 2 of the Government Code.
line 29 SECTION 1. Section 50675.1.1 of the Health and Safety Code line 30 is amended to read:
line 31 50675.1.1. (a)  Notwithstanding any other law, including line 32 subdivision (b) of Section 50675.1, funds appropriated in the 2020 line 33 Budget Act or an act related to the 2020 Budget Act, including, line 34 but not limited to, moneys received from the Coronavirus Relief line 35 Fund established by the federal Coronavirus Aid, Relief, and line 36 Economic Security (CARES) Act (Public Law 116-136), to provide line 37 housing for individuals and families who are experiencing line 38 homelessness or who are at risk of homelessness, as defined in line 39 Section 578.3 of Title 24 of the Code of Federal Regulation, and line 40 who are impacted by the COVID-19 pandemic, shall be disbursed 97 AB 2011 — 21 — 1184
Item 14.

line 1 in accordance with the Multifamily Housing Program, including line 2 as grants to cities, counties, and other local public entities, as line 3 necessary, created by this chapter for the following uses, consistent line 4 with applicable federal law and guidance:
line 5 (1)  Acquisition or rehabilitation of motels, hotels, or hostels. line 6 (2)  Master leasing of properties.
line 7 (3)  Acquisition of other sites and assets, including purchase of line 8 apartments or homes, adult residential facilities, residential care line 9 facilities for the elderly, manufactured housing, and other buildings line 10 with existing residential uses that could be converted to permanent line 11 or interim housing.
line 12 (4)  Conversion of units from nonresidential to residential in a line 13 structure with a certificate of occupancy as a motel, hotel, or hostel. line 14 (5)  The purchase of affordability covenants and restrictions for line 15 units.
line 16 (6)  Relocation costs for individuals who are being displaced as line 17 a result of rehabilitation of existing units.
line 18 (7)  Capitalized operating subsidies for units purchased, line 19 converted, or altered with funds provided by this section. line 20 (8)  Recreational vehicle parking programs, including subsidizing line 21 rent for recreational vehicles or other costs associated with safe line 22 parking programs. For purposes of this paragraph, “recreational line 23 vehicle” has the same meaning as that term is defined in Section line 24 18010.
line 25 (b)  Where possible, the funds described in subdivision (a) shall line 26 be allocated by the department in a manner that takes into line 27 consideration all of the following:
line 28 (1)  Need geographically across the state.
line 29 (2)  Areas with high unsheltered populations and high COVID-19 line 30 infection rates.
line 31 (3)  The demonstrated ability of the applicant to fund ongoing line 32 operating reserves.
line 33 (4)  The creation of new permanent housing options. line 34 (5)  The potential for state funding for capitalized operating line 35 reserves to make additional housing units financially viable through line 36 this program.
line 37 (c)  Any conflict between the other requirements of the line 38 Multifamily Housing Program created by this chapter and this line 39 section shall be resolved in favor of this section, as may be set line 40 forth in the guidelines authorized by this section. 97 — 22 — AB 2011 1185
Item 14.

line 1 (d)  The Department of Housing and Community Development line 2 may adopt guidelines for the expenditure of the funds appropriated line 3 to the department. The guidelines shall not be subject to the line 4 requirements of Chapter 3.5 (commencing with Section 11340) of line 5 Part 1 of Division 3 of Title 2 of the Government Code. line 6 (e)  Up to 2 percent of the funds appropriated for this section line 7 may be expended for the costs to administer this program. line 8 (f)  On or before April 1, 2021, the Department of Housing and line 9 Community Development, in coordination with the Business, line 10 Consumer Services, and Housing Agency, shall report to the chairs line 11 of each fiscal committee and each relevant policy committee of line 12 the Legislature on the use of the funds described in this section. line 13 The report shall include, but not be limited to, all of the following:
line 14 (1)  The amount of funds expended for the uses described in this line 15 section.
line 16 (2)  The location of any properties for which the funds are used. line 17 (3)  The number of useable housing units produced, or planned line 18 to be produced, using the funds.
line 19 (4)  The number of individuals housed, or likely to be housed, line 20 using the funds.
line 21 (5)  The number of units, and the location of those units, for line 22 which operating subsidies have been, or are planned to be, line 23 capitalized using the funds.
line 24 (6)  An explanation of how funding decisions were made for line 25 acquisition, conversion, or rehabilitation projects, or for capitalized line 26 operating subsidies, including what metrics were considered in line 27 making those decisions.
line 28 (7)  Any lessons learned from the use of the funds. line 29 (g)  Any project that uses funds received from the Coronavirus line 30 Relief Fund for any of the purposes specified in subdivision (a) line 31 shall be deemed consistent and in conformity with any applicable line 32 local plan, standard, or requirement, and allowed as a permitted line 33 use, within the zone in which the structure is located, and shall not line 34 be subject to a conditional use permit, discretionary permit, or to line 35 any other discretionary reviews or approvals.
line 36 (h)  A report to be submitted pursuant to subdivision (f) shall be line 37 submitted in compliance with Section 9795 of the Government line 38 Code.

O
97 AB 2011 — 23 — 1186
Item 14.

Pending Litigation Against the City (does not include litigation initiated by the City)

1. Charles Peters dba Pioneer Mobile Village v. City of Beaumont et. al., Riv. Co.

Sup. Ct. Case No. RIC 1707116 (Court of Appeal affirmed the trial court’s order dismissing the City and denied Peters’ Petition for Re-hearing)

2. Ezekwesili Iloputaife, et. al. v. City of Beaumont et. al., EDCV 21-1452-JWH(AGR) (Pleading)

3. Ezekwesili Iloputaife, et. al. v. City of Beaumont et. al., Riv. Co. Sup. Ct. Case No. 2105069 (Pleading)

To: City Council
From: John O. Pinkney, City Attorney
Date: April 29, 2022
Re: List of Pending Litigation Against City of Beaumont 1187
Item 15.

Staff Report

TO: City Council
FROM: Christina Taylor, Community Development Director
DATE May 3, 2022
SUBJECT: Update on Weaver Mortuary

Background and Analysis:

On February 23, 2022, City staff received a complaint of noise coming from refrigerator containers on the Weaver Mortuary property. Upon inspection of the complaint, staff observed two refrigerator containers behind the mortuary building, connected to temporary electrical power. On March 1, 2022, the Community Enhancement Officer made contact with representatives from Weaver Mortuary and advised them to contact the Planning Department.

On March 2, 2022, staff and the representative from Weaver Mortuary discussed the issue. The mortuary representative advised that they handle cremation for all of their mortuaries and anticipated having the refrigerated containers on site for a few more months. Also on March 2, 2022, Code Enforcement staff took an informal decibel reading (using an iphone app) of the noise at the location and based on that reading, the noise was in violation of the Beaumont Municipal Code. Staff took the measurement to get an idea of what the decibel level was but did not issue a citation based on this reading as the iphone app is not considered verifiable or calibrated for meter reading.

On March 3, 2022, staff was contacted by a representative from Weaver Mortuary who was apologetic and stated they are willing to comply with permits and fees as required to remedy the situation. Staff advised of the concern with noise, trash and refrigerated containers. On March 4, 2022, staff reached out to the Interim Building Official regarding concern that the containers were connected through temporary power. The Inter im Building Official advised if the containers were going to be on -site for any length of time, they should be connected to a permanent power source. Staff subsequently made contact with representatives from Weaver Mortuary via phone and advised them of th e need to establish permanent power if the containers were going to be in use. At that time, the mortuary representatives advised staff, that one of the containers would be removed leaving only one remaining and they would have their contractor contact 1188
Item 16.

Building and Safety to file for and obtain a permit for establishing a permanent power source.

On March 23, 2022, staff received additional email correspondence via email alleging violation of the Conditional Use Permit (CUP) for Weaver Mortuary. Staff located the CUP in the archives and reviewed but found no violation of conditions. The municipal code is silent on the use of “containers” for storage or other purposes. Beaumont Municipal Code Chapter 8.32.200 Internal Combustion Engines states the following:

Any stationary internal combustion engine used, run, or otherwise operated within 300 feet of any private residence, rooming or lodging house without first obtaining the consent of all persons residing within such distance is declared a public nuisance, provided that such consent shall be unnecessary if the exhaust and noise there from is muffled so as to prevent the emission of any excessive soot, smoke or noise. This Section shall not apply to the use of generators during public emergencies.

To the best of staff’s knowledge, the containers were brought onsite during the COVID- 19 pandemic and have remained. The pandemic emergency declaration is still in effect in the City and thus precludes staff from issuing a citation for this section of the code.

A copy of the original staff report and conditions of approval are included as Attachment A to this report.

On March 31 and again on April 27, 2022, staff reached out to AQMD to obtain cremation permit information. AQMD staff advised the permit for cremation at Weaver Mortuary is limited to 60,000 pounds per month. Records must be kept and made available to the AQMD inspectors upon request. AQMD has no record of any violations of this permit by the mortuary.

Also on March 31, 2022, staff opened a formal code case and sent a courtesy notice to Weaver Mortuary advising a permanent power source would be needed and requesting a sound barrier be constructed to reduce the noise level emitting from the remaining refrigerator container as no formal permit application had been filed.

On April 6, 2022, staff received pictures of trash behind the mortuary facility and additional complaints about the noise from a resident. We advised the resident one trailer would be removed and a notice had been issued to address the remaining issues.

On April 20, 2022, staff spoke with the contractor and provided the information needed to file for plan check.

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Item 16.

Staff continues to have correspondence with the contractor addressing the issues on site at Weaver Mortuary as well as with the resident who provided the complaint.

Fiscal Impact:

Staff time responding to complaints, researching, and preparing this report is approximately $1,500.

Recommended Action:

Receive and file.

Attachments:

A. Weaver Mortuary 96-CUP-03
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