Beaumont City Council
March 5, 2024

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-

BID CERTIFICATION
Veterans and First Responders
Memorial Plaza, P-14/15
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 944088
Expiration Date 03/31/2024
Class of license B
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

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

R DEPENDABLE CONST INC
ae4(( lAL

ROSEMARY PADS PRESIDENT
02/14/2024
18

City of Beaumont
Request for Bid
-CALIFORNIA-
Veterans and First Responders
Memorial Plaza, P-14/15

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
P-14/15 Veterans and First Responders Memorial Plaza
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

R DEPENDABLE CONST INC

ROSEMARY PADIL / PRESIDENT
02/14/2024

CONTRACTOR'S CERTIFICATE REGARDING
18

City of Beaumont
Request for Bid

BEAUMONT
Veterans and First Responders
Memorial Plaza, P-14/15

BID BOND
P-14/15 Veterans and First Responders Memorial Plaza
The makers of this bond are,
R Dependable Const Inc
as Principal, and
The Ohio Casualty Insurance Company
, 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 February 14th , 2024, for P-14/15 Veterans and First Responders Memorial Plaza
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. 19

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA--
Veterans and First Responders
Memorial Plaza, P-14/15
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this8th day of February , 2024, the name and corporate seal of each corporation.
(Corporate Seal)
(Corporate Seal)
R Dependable Const Inc
Principal
President
Title
The Ohio Casualty Insurance Company
Surety
By
Timothy C. Baker
Attomey-in-Fact
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
20

City of Beaumont Veterans and First Responders
Request for Bid BEAUI'�ONY Memorial Plaza, P-14/15
L I F a

STATE OF CALIFORNIA )
) ss.

CITY OF )
On this day of , in the year 2024, 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.

SEE ATTACHED
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.
21

Liberty
Mutual
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8208023-987721
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashle, N.

Baker, Karen A. Eby, Kyle T. Baker, Timothy C. Baker
all of the city of Murrieta state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1 lth day of Ma, , 2022 .

By:

State of PENNSYLVANIA ss
County of MONTGOMERY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
7 David M. Carey, Assistant Secretary
N 8
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g
On this I lth day of Ma, , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance aa) Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.

Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
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By: 14. J I o o
e7 resa Pastella, Notary Public
'46 Ca
a_
CNI
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a ARTICLE IV — OFFICERS: Section 12. Power of Attorney.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowiedge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall. have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shali be as binding as if signed by the president and attested by the secretary.

Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 8th day of February , 2024 .

By:

Renee C. Llewellyn, Assistant Secretary
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CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of Riverside
On 801 ' )before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the persons) whose 6s a4 subscribed to the within instrument and acknowledged to me that executed the same in is r/W4ir authorized capacity, and that by his/her/their signature (,stf on the instrument the person , or the entity upon behalf of which the person(,a'S acted, executed the instrument.
}
K. A. Eby, Notary Public
(Here insert name and title of the often
Timothy C. Baker
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS t• han • ,= nd •_::, meal.
(Notary P+abfic .ignature
K. A. EBY
COMM. #2333593
NOTANYDUB(c C'ALIFONNIA
fi1VeRSI )E COUNTY
My Caton. Expires SEPTEMBER IA, ,a
(Notary Public Seal)

ADDITIONAL OPTIONAL INFORMAT

DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date

INSTRUCTIONS FOR COMPLETING THIS FORM
ON This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not requite the California notary to violate California notary law.
• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.

Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document.

Indicate title or type of attached document, number of pages and date.

Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
O Corporate Officer
(Titte)
Partner(s)
Attorney -in -Fact
Trustee(s)
Other
2015 Version ww.NotaryClasses.:orn tn00-8?3-9865

City of Beaumont BEAUMONT
Request for Bid —CALIFO RNIA —

DESIGNATION OF SUBCONTRACTORS
P-14/15 Veterans and First Responders Memorial Plaza
Veterans and First Responders
M emorial Plaza, P-14/15
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: the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. 00 ti
0 N
co
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration % of
Number Work

WATER FEATURE

HYD ROLOGY GROUP INC
17 Spectrum Pointe D r,
Ste. 509, L ake Fo re st,
CA 92630
1034751
1000056013

18.5%

SITE CONCRETE

LITHOCRETE PAVING

SHAW & SON S
829 W. 17TH, SUITE 5
COSTA MESA, CA 92627
274144
1000024841
12%
22 a)
0)
co
0 City of Beaumont
Request for Bid
-C A L I F O R N I A -
Veterans and First Responders
Memorial Plaza, P-14/15
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
N/A
N/A
23

City of Beaumont
Request for Bid

BEAUMONT
-CALIFORNIA-
Veterans and First Responders
Memorial Plaza, P-14/15
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
N/A
N/A
Name of Bidder R DEPENDABLE CONST IN C
Signature
Name and Title ROS
Dated 02/14/2024
' 6
b -v 9.-�'n1/Z, cs� lu,c-c

EMARY PA DILLA PRESIDE NT
24

City of Beaumont
Request for Bid
Veterans and First Responders
Memorial Plaza, P-14/15

INFORMATION REQUIRED OF BIDDERS
P-14/15Veterans and First Responders Memorial Plaza
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: R DEPENDABLE CONST INC

2.0 Type, if Entity: s CORPORATION

3.0 Bidder Address:
1019 W. 3RD ST. SAN BERNARDINO, CA 92410
(909)453-0429
Facsimile Number
(909) 381-2310

4.0 License Information:
944088
Telephone Number
B 03/31/2024
License No.
1000002054
Class of License Expiration Date
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor? 13 YEARS

6.0 How many years has Bidder's organization been in business under its present name? 13 YEARS

6.1 Under what other or former names has Bidder's organization operated? 25

City of Beaumont
Request for Bid

BEAUMONT
Veterans and First Responders
Memorial Plaza, P-14/15

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:
9/30/2009

CALIFORNIA

ROSEMARY PADILLA

7.4 Vice -President's Name(s): ROSEMARY PADILLA

7.5 Secretary's Name:

7.6 Treasurer's Name:

ROSEMARY PADILLA

ROSEMARY PADILLA
8:0 If an individual or a partnership, answer the following:

8.1 Date of Organization:

N/A

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

N/A

9.0 If other than a corporation or partnership, describe organization and name principals: N/A

10.0 List other states in which Bidder's organization is legally qualified to do business.

N/A
26

City of Beaumont
Request for Bid
Veterans and First Responders
Memorial Plaza, P-14/15

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

WE SELF PERFORM ALL TRADES OTHER THAN FIRE SPRINKLER
AND FIRE ALARM. (TENANT IMPROVEMENT/RENOVATION/REMODEL)

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:

NO

14.0 List Trade References:

FOUNDATION BUILDING MATERIALS - DRYWALL ACT, WALTERS - ELECTRIC,

FERGUSONS - PLUMBING, ROBERTSONS, HOLLIDAY ROCK,- CONCRETE

GRAYBAR - ELECTRIC, SOUTHWEST BOULDER & STONE,- LANDSCAPING

SITE ONE - LANDSCAPE SUPPLY

15.0 List Bank References (Bank and Branch Address):

FARMERS & MERCHANTS BANK (Branch -rolling hills estates) 27525 INDIAN PEAK ROAD ROLLING HILLS ESTATES, CA 90274 27

City of Beaumont
Request for Bid

BEAUMONT
Veterans and First Responders
Memorial Plaza, P-15/15

16.0 Name of Bonding Company and Name and Address of Agent:

Diamond Valley Insurance Services, Inc
Karen A. Eby, Executive Assistant
41856 Ivy Street, Ste 108 Murrieta, CA 92562
SURETY:

THE OHIO CASUALTY INSURANCE COMPANY 790 THE CITY DRIVE, SUITE 200 ORANGE, CA 92868

City of Beaumont
Request for Bid

BEAUMONT
Caafrtnia
B. LIST OF CURRENT PROJECTS (Backlog)
Veterans and First Responders
Memorial Plaza, P-15/15
[**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

PALM SPR/NGS USD

NNC GYM LOCKER

RENOVATIONS
.IN LOCI= RENOVATIONS INCLUDING, DENO, NEW WALLS,
Mr• CEILINGS, NEW LOCKERS, EPDXY FLOORING, TILE,
me. PLUMBING, EIRE ALARM, NEW DOORS a FRAMES. AND
PAINTING.
6 / 2 8 / 2 02 4
$1, 668, 890.00
Nathaniel Rodriguez,
Cell: 760.534.5559
BUILDING 1150 MINOR

RENOVATIONS AT THE

SAN JACINTO CAMPUS

TENANT IMPROVEMENTS/RENOVATION/REMODEL
03/18/2024
$142,000.00

ELDON SHOEMAKER
951-852-ia78
Administration Building
2nd and 3rd Floor
Improvement. (FOOTHILL TRANSIT)

TENANT IMPROVEMENTS/RENOVATION/REMODEL
4/8/2024
$292,500.00

VICENTE SAUCEDA
CELLPHONE 626-533-8730
City of Hermosa Beach
CIP 696 Police Station
Improvements

TENANT IMPROVEMENTS/RENOVATION/REMODEL
'1I 8/
2 0 2 A
3/ L. L. �2 310-318-0268/
�7
$148, / 90.0 0
SaadMalim, (PE)
310-318-0270
CITY OP WOWS .A_.

Om.. C..eA C.arr.y y

TENANT IMPROVEMENTS/RENOVATION/REMODEL
04/30/2024
$489,860.00
ca i. L oMAR
949-644-3013

City of Beaumont
Request for Bid
-�—
Veterans and First Responders
Memorial Plaza, P-15/15
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 1
Bidder's Work
Period of
Performance
Cost of Bidder's
Work
Contact Name
& Phone
CITY OF INDUSTRY - 15710-15718

DAUSCH ROAD BUILDING AND S/TE
LNPROMENTy
TENANT IMPIWNUlENTS/RENOVATION/REMODEL,
SECLUDING C.I.P. CONCRETE, SITE MORR,
CONCRETE FLAT 1.101., FENCING, NALLS,

CONCRETE PAVERS, A LANDSCAPING
05/09/2023
to 08/09/2023

$1,763,780.00
Gerry Perez,

PE - GERRY CELLPBONE
626-945-0527

RIALTO UNIFIED SCHOOL DISTRICT
RIALTO U. DISTRICT OFFICE REPAIRS

ADA CONCRETE SITE WORK,

CON -METE DEMO, CONCRETE REPA/RS,

ELECTRICAL, PLUMBING
11/17/2023
TO 12/15/2023
$189,000.00
RICARDO G. SALAZAR
OFF/CE 909-073-4326
EXT 2114 MOBILE 909-644-5702
9City038 Of Rosemead
9038 E. Tansy e1va,R0..mead,CA91770

ROSEMEAD OOG PARK AT GARVEY PARR
... DDG PARR, Ixccaox0G - LANDSCAPING,
AITT "MITI., CZP CONCRETE, SEALER
-ur:NG, ELECTRICAL, LIGHTING,

CSOCRSTS TWORR FENCING, WALLS
08/16/2022 TO
12/19/2022
$640,000.00
Daniel Nguyen
17Y
626-569-2117
CITY OF :Nn05T9Y
PHYLL/S TUCKER MEMORIAL.

GARDEN DESIGN - BUILD
Fawner. SEATING WALL, CONCRETE PAVED.
.Ire :rru rxes. MONUMENTS, ExGRAvxmo sIGHs
LA.OauFe', EATER FEATLRe, LED STRIP LUNTS
53010o0,.09, PLANTING, PLDN..G, ELECTRICAL
10/23/2023 TO
11/23/2023
$ 1 82 7 0 0 . 0 0
7 Gerry Perez,

PE - GERRY CELIBRONE
626-945-0527
30

City of Beaumont
Request for Bid

BEAUMONI
�-
Veterans and First Responders
Memorial Plaza, P-15/15
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:

Our Superintendent, Joe Padilla will be overseeing the entire project The Project Foreman will be Mario Bravo. The Cement Masons will be Carlos Corona, and Jorge L. Bravo. The Plumber will be Jorge Cruz.

The Electrician will be Mario De La Rocha. the Laborer will be Julio Castillo. 100% OF THIS CREWS TIME WILL BE ALLOCATED TO THE PROJECT

2. Summarize each person's specialized education:

CARLOS CORONA -SAFETY TRAINING, APPRENTICESHIP
~JULIO CASTILLO- SAFETY TRAINING, APPRENTICESHIP -
JOE PADILLA 50 + YEARS CONSTRUCTION EXPERIENCE

MARIO BRAVO - SAFETY TRAINING, EPDXY FLOORING, TERRAZIO CERTIFICATIONS

MARIO DE LA ROCHA- ELECTRICIAN, SAFETY TRAINING

JORGE CRUZ - PLUMBERS APPRENTICESHIP

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

CARLOS CORONA- 20 + YEARS
JULIO CASTILLO- 20 + YEARS
MARIO BRAVO - 20 + YEARS , JORGE CRUZ- 30 YEARS,
MARIO DE LA ROCHA- 20 + YEARS
JOE PADILLA - 50 + YEARS

4. Summarize such experience:

ALL OF THE PERSONELL LISTED HAVE WORKED FOR R DEPENDABLE CONST INC FOR MANY YEARS. WE SELF PERFORM MOST OF OUR WORK, SPECIALIZING IN TENANT IMPROVEMANTS, RENOVATIONS, REMODELS, REPAIRS. WE DO

MANY PROJECTS THAT INCLUDE CONCRETE SITE WORK AND SITE UTILITIES 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. 31 Page641 of718

City of Beaumont
Request for Bid
Additional Bidder's Statements:

Veterans and First Responders
Memorial Plaza, P-15/15
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:

R DEPENDABLE CONST INC HAS BEEN WORKING WITH CITIES, SCHOOL

DISTRICTS, AND VARIOUS GOVERNMENT AGENCIES FOR MANY YEARS ON

MULTIPLE SIMILAR PROJECTS, SELF PERFORMING MOST OF THE WORK, KEEPING COSTS LOW TO PROVIDE FAIR COMPETATIVE BIDS.

E. VERIFICATION AND EXECUTION
These Bid Forms shallbe 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

R DEPENDABLE CONST INC

ROSEMARY PADILLA / PRESIDENT
02/14/2024
32

City of Beaumont
Request for Bid
Veterans and First Responders
Memorial Plaza, P-14/15

NON -COLLUSION AFFIDAVIT
P-14/15 Veterans and First Responders Memorial Plaza
I, ROSEMARY PADILLA , being first duly sworn, deposes and says that he is of R DEPENDABLE CONST INC 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

R DEPENDABLE CONST INC

ROSEMARY PADIL PRESIDENT
02/14/2024

NON -COLLUSION AFFIDAVIT
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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective March 5, 2024, by and between the City of Beaumont, a municipal corporation ("CITY"), and R Dependable Const Inc. ("CONTRACTOR"), a California Corporation. 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 Veterans and First Responders Memorial Park Plaza Renovation Project (hereinafter "Project"). CONTRACTOR's Bid, dated February 14, 2024, is attached hereto as Exhibit B and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Request for Bids. 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, and all work should be completed within 220 days from the Notice of Award. 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.

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III. THE CONTRACT SUM
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 One Million Four Hundred Ninety -Nine Thousand Three Hundred and Fifty Dollars and Zero Cents ($1,499,350.00).

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

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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 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

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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.

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

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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:

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.

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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.

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

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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 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,

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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.

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.

Page651 of718

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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.

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

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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
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

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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.

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 David Van Dyke 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

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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 I I I 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
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:
x Notice Inviting Bids
x Scope of Work Summary
x Information for Bidders
x Bid Form
x Non -Collusion Affidavit
❑ Site Visit Certification
❑ Faithful Performance Bond
❑Labor and Materials Payment
Bond
❑General and Supplemental
Conditions
[Special Conditions
Project Construction Schedule
x Proposed Subcontractors

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x Bid Bond
x Information Required of Bidder
❑Construction Services Agreement
x 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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SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
CITY:

CITY OF BEAUMONT
By:

CONTRACTOR:

R Dependable Const Inc.

By:

Print Name:

David Fenn, Mayor Title: President/Owner

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "A"

INVITATION FOR BIDS
15

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "B"
CONTRACTOR'S Bid
16

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "C"
Insurance Certificates and Endorsements
17

BEAUMONT
C A L I= O R N I A
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business/board or applicant.

The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Beaumont City Council Members are listed at:
https1/ www.beaumontca.govL29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action? YES If yes, please identify the Council Member(s):

NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application?
YES If yes, please identify the Council Member(s):
�NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
02/21/2024
Date Signature of authorized individual
R Dependable Const Inc. Rosemary Padilla
Company/Applicant Name
City of Beaumont 1 550 E. 6th Street, Beaumont, CA 92223 1 (951) 769-8520 1 BeaumontCA.gov Page661 of718

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Doug Story, Director of Community Services
DATE March 5, 2024
SUBJECT: Sports Park Synthetic Turf and Sports Lighting Project Update — Capital Improvement Project (CIP) P-04
Description Strategic Plan — Target #5 Quality of Life/Well Being - Goal #6 Complete Stewart Park and Sports Park Improvements — Priority Level #3 Background and Analysis:

In June of 2023 the City awarded a Professional Services Contract to Brightview Design Group for the Sports Park Field Lighting and Expansion Project. The scope of work included the provision of grading plans, landscape plans, electrical engineering plans, technical specifications for turf installation and all associated construction documents for the installation of the synthetic turf, fencing, and sports field lights.

To date the City has received the sixty percent (60%) plans along with an updated cost estimate.

The project would include the removal of two grass fields and replace them with two synthetic turf fields. These fields would be able to accommodate games for both U-12 and U-19/High School teams. The field improvements would also include fencing, netting, irrigation for cleaning, and hardscape walkways around the fields. Renderings have been included in the staff report (Attachment A) to show updated plans for ADA pathways and landscaping improvements around the fields.

In addition to the synthetic field improvements the addition of 13 sports field light poles have been added to the park to provide sufficient lighting for the two synthetic turf fields and the three baseball fields located on the north end of the sports park. These additional light poles will double the amount of field space that will be available for games and practices in the later evenings and night.

The 90% design plans are expected to be received by March 15, 2024, and the final plans and cost estimates will be submitted in April. Staff expects to put this project out to bid by late Spring 2024 and have construction start in the Summer of 2024.

Staff has begun conversations with sports leagues and current users of the Sports Park in anticipation of having less fields to offer for the Fall 2024 season and are coming up with alternative solutions for field space during construction.

Fiscal Impact:

Funding for this project is allocated through the five-year Capital Improvement Plan (CIP) Fiscal Year 2023-2027. Project No. P-04 has been appropriated $6,319,884. The current cost estimate for the construction of this project is just over $5,700,000. As 90% plans are developed and more of the design plans are completed, staff expects the costs to remain within the current allocated budget.

P-04 Sports Park Field Lighting and Field Expansion Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
21/22
Regional Park DIF
$1,000,000.00
22/23
General Fund
$5,019,884.00
22/23
REC DIF (moved from P-06)
$300,000.00
Total Project Funding = $6,319,884.00
Budget Summary
Project Component
Budget
Encumbered
Paid to Date
Remaining
Budget
Project Management
$0.00
$0.00
$0.00
$0.00
Preliminary Services
$17,000.00
($16,700.00)
$15,210.82
$300.00
Environmental
$0.00
$0.00
$0.00
$0.00
Design
$220,000.00
($183,570.00)
$62,355.95
$36,430.00
Construction
$6,050,000.00
$0.00
$0.00
$6,050,000.00
Construction Management
$0.00
$0.00
$0.00
$0.00
Permits
$0.00
$0.00
$0.00
$0.00
Equipment
$32,884.00
($15,466.29)
$15,466.29
$17,417.71
Project Summary Totals
$6,319,884.00
($215,736.29)
$93,033.06
$6,104,147.71
The estimated cost to prepare this report is $295.

Recommended Action:

Receive and file. Provide staff with any additional direction as needed.

Attachments:

A. Sports Park 60% Renderings
B. 60% Cost Estimate

1DRAFT/SUBJECT TO CHANGE 01/23 /2024

BEAUMONT SPORTS PARK

BEAUMONT, CALIFORNIA

SPORTS LIGHTING AND SYNTHETIC TURF SOCCER FIELDS

SPORTS LIGHTING AND SYNTHETIC TURF SOCCER FIELDS

BEAUMONT SPORTS PARK
01/23 /2024 2
120’
80’
40’
0’
A
A’
B B’

SPORTS LIGHTSEXISTING BASEBALL

DIAMOND

TUBULAR STEEL FENCE
GATE

LOCATION

DECOMPOSED

GRANITE
PAVING

GATE LOCATION

SPORTS LIGHTSEXISTING RESTROOM

BEAUMONT AVENUE
BR
O
O
K
S
I
D
E

A
V
E
N
U
E

PLAN VIEW

SYNTHETIC TURF FIELDS

GATE LOCATION

SPORTS LIGHTING AND SYNTHETIC TURF SOCCER FIELDS

BEAUMONT SPORTS PARK
01/23 /2024 3
30’
20’
10’
0’
30’
20’
10’
0’
SECTION A-A’ - 1” = 10’-0”
SECTION B-B’ - 1” = 10’-0”
U 12 SOCCER FIELD

EXISTING

PARKING LOT

EXISTING
WALK
5’-9”
PA PA

EXISTING
WALKTEAM BENCHES U 19 SOCCER FIELD

EXISTING
LAWN
10’±14’

EXISTING
WALK
U 19 SOCCER FIELD
±25’
SAFETY
AREA

DG PA DG
C-C’
SAFETY
ZONE

SPECTATOR
AREA

SPECTATOR
AREA
SAFETY
ZONE
10’
144’
90’
37’195’10’5’5’BACKDROP NETTING

SPORTS LIGHTS

WALK SAFETY
AREA
374’

BACKDROP NETTING
20’ TALL
6’ HIGH FENCE
BEYOND
5’-9”

SPORTS LIGHTING AND SYNTHETIC TURF SOCCER FIELDS

BEAUMONT SPORTS PARK
01/23 /2024 4

PLATANUS RACEMOSA

CALIFORNIA SYCAMORE

AFROCARPUS GRACILIOR

FERN PINE

GEIJERA PARVIFLORA

AUSTRALIAN WILLOW
TREES
ARTEMISIA CALIFORNICA ‘CANYON GREY’

CANYON GREY CALIFORNIA SAGEBRUSH
BOUTELOUA GRACILIS ‘BLOND AMBITION’

BLONDE AMBITION BLUE GAMMA GRASS

LEUCOPHYLLUM FRUTESCENS
‘COMPACTA’

COMPACT TEXAS RANGER
SHRUBS
12’
8’
4’
0’SECTION C-C’ - 1/4” = 1’-0”
U 19 SOCCER FIELD PLANTING
AREA

EXISTING
WALK

DECOMPOSED

GRANITE

DECOMPOSED

GRANITE
374’±14’8’±25’5’-9”
6’ HIGH FENCE
BEYOND

BACKDROP NETTING
20’ TALL

January 24, 2024
BrightView Design Group
Beaumont Sports Park
Sports Lights and Synthetic Turf Soccer Fields
Opinion of Probable Costs
60% Construction Drawings
DESCRIPTION 1 QUANTITY I UNIT PRICE' TOTAL PRICE
Demolition
Demo Turf and Irrigation
179,640 SF

1.06 $190,418.40
Demo Concrete
1,525 SF

7.33 $11,178.25
Demolition Subtotal
$201,596.65
Grading / Drainage
12 x 12 Catch Basin Cast in Place Concrete
10 EA
1,951.48
$19,514.80
6" Concrete Headwall (4)
54 LF
456.52
$24,652.08
6" Rip Rap
324 SF

8.57 $2,776.68
SD3 - 8" PVC SDR35 Stor Drain
600 LF

50.73 $30,438.00
SD4 - NDS EZFIow 6" French Drain
430 LF
252.47
$108,562.10
SD5 - SubSurface Drain for Turf Fields
4,733 LF

6.31 $29,865.23
Grading / Grade Change Net Import
5,600 CY
105.60
$591,360.00
Grading / Drainage Subtotal
$807,168.89
Soccer Fields
Synthetic Turf - Natural Play Infill & Pad
136,000 SF

14.90 $2,026,400.00
6' HT Black Ameristar Fence
1,554 LF
249.54
$387,785.16
8"x8" CIP Curb at Fence
1,554 LF
110.08
$171,064.32
(4) 20' High Netting
320 LF
677.69
$216,860.80
Soccer Fields Subtotal
$2,802,110.28
Hardscape
Decomposed Granite (4" Organic Lock)
18,000 SF

19.50 $351,000.00
Conc. Paving 5" Broom Finish/ STD
4,442 SF

31.40 $139,478.80
Conc. Paving replacement 4" Broom Finish
2,050 SF

30.15 $61,807.50
Hardscape Subtotal
$552,286.30
Field Lighting
Musco Lighting (Proposed at Baseball and
Synthetic Turf Soccer Fields)
13 EA
1 85,407.66
$1,110,299.58
Field Lighting Subtotal
$1,110,299.58
Landscape / Irrigation / QCV
Irrigation System
1 LS
132,600.00
$132,600.00
Field Hose Down System - QCV (12)
1 LS
45,800.00
$45,800.00
36" Box Proposed Tree
15 EA
2,307.05
$34,605.75
5 gal. shrub
163 EA

37.76 $6,154.88
1 gal shrub
678 EA

20.50 $13,899.00
3" Shredded Bark Mulch
154 CY
124.72
$19,206.88
Landscape / Irrigation / QCV Subtotal
$252,266.51
Subtotal $5,725,728.21
Cost Contingency 8 % $458,058.26
Payment & Performance Bond 2 % $123,675.73
Opinion ot Probable Cost $6,307,462.20

BEAUMONT
- C !� 1 1 0 R "1 A
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE March 5, 2024
SUBJECT: Contract Amendment with Omni Pro Inc.

Description First amendment to contract with Omni Pro Inc. for document imaging and quality control services.

Background and Analysis:

In Fiscal Year 2023/24, City Council approved a budget of $147,000 for scanning services to digitize a large amount of City records that are in paper form. A formal Request for Proposal was conducted per Beaumont Municipal Code Chapter 3.02 and Omni Pro Inc. was selected. Initially, a one-year contract was established under the City Manager signing authority of $75,000. Staff has been more than satisfied with the work product of Omni Pro Inc. and is proposing to amend the current contract to add additional funds and extend the term limit to July 2025.

To date, Omni Pro Inc. has digitized over 800,000 pages of City records ranging from letter size to large format plan sheets. Omni Pro Inc. also provides the service of quality control check, indexing and boxing for long-term storage on City property.

Based on a visual evaluation, this project is roughly 25% complete. Attachment D to this staff report are photos of the remaining City records still needing to be imaged and properly stored for long-term retention. The remaining documents to be digitized include a substantial amount of large format plan sheets which are more costly to image. Per Beaumont Municipal Code Section 3.02.060 City Council approval is required for all contracts for professional services when the cost of services is $75,000 or more. The proposed contract amendment would increase the total of the contract amount to $330,000.

Fiscal Impact:

The proposed contract amendment increases the contract by $255,000. $50,000 of these funds would be allocated from the remaining FY 2023/24 budget for this project.

The remaining amount of $205,000 will be budgeted for FY 2024/25.

Recommended Action:

Approve contract amendment with Omni Pro Inc. with a not to exceed amount of $330,000 and extend the term of contract to July 7, 2025.

Attachments:

A. Contract C23-75 — Omni Pro Inc
B. Contract Amendment
C. Updated proposal
D. Photos of documents to be digitized

City of Beaumont Agreement#
C23-75

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 7th day of July, 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Omni Pro, Inc., a California Corporation, whose address is 780 E. Francis Street, Unit Q, Ontario, CA 91761 ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. CITY desires to engage CONTRACTOR to provide Document Imaging and Quality Control Services; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year(s) unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Document Imaging and Quality Control Services per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.

CONTRACTOR designates Akin Mohammed as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.

4. Compensation.
1

City of Beaumont Agreement#
C23-75

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Seventy Five Thousand Dollars and Zero Cents ($75,000.00).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.

5. Obligations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work 2

City of Beaumont Agreement#
C23-75
hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.

5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.

5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.

5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall 3

City of Beaumont Agreement#
C23-75
comply with all laws applicable to worker safety including but not limited to Cal -OSHA.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will havea state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.

6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required X ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed .by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be 4

City of Beaumont Agreement#
C23-75
suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.

7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.

Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed 'to provide the fullest protection possible under the law to CITY.

CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.

All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
5

City of Beaumont Agreement#
C23-75
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.

The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.

10. Termination of Agreement.

10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.

10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. 6

Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CaIPERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, naps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed,

City of Beaumont Agreement#
C23-75
compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. .

13.03 CONTRACTOR shall timely file FPPC Fonn 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in -the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its finn has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and 8

City of Beaumont Ayrecmentft
C.23-75
during the term of this Agreement.

13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY BEAUMONT ONINI PRO, INC.

B By:

Eli- beth M. Gibbs,
Print Name: "141 > 'Y\ tA/N-'
Title: (�J 'C"/
City Manager
9

BEAUMONT BID# CC23-19
Akin MOHAMMED
OMNI PRO INC 780 E. Francis St Unit QOntario Ca 91761
age •: o 7
•
•

City of Beaumont Request for Proposal
Document Imaging & Quality Control
BEAUMONT Services
EXHIBIT "B"
Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the X day of XXX 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and XXX, whose address is XXX ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. CITY desires to engage CONTRACTOR to provide XXX Services and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after XX (X) year(s) unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: XXX per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates XXX as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall

not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed XXX ($XXX).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.

5. Obligations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.

5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.

5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.

5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached

hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.

6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.

7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.

Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.

CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.

All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of

CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.

The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.

10. Termination of Agreement.

10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.

10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.

Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit,

examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or

through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BEAUMONT XXX
By: By: Omni Pro inc.

XXX,
Print Name: Akin Mohammed
Title: President

EXHIBIT "A"

PROPOSAL
(insert behind this page)

Cover Letter/Introduction:

City of Beaumont
Grace Wichert
550 E. 6th St
Beaumont Ca 92223
RE: Bid # CC23-19
Omni Pro Inc is pleased to respond to RFP #CC23-19 for City Wide Document Imaging and Quality Control Services that will be performed on site.

We understand that we will need to prep, digitize, and index paper records that are currently stored in various locations across City facilities. These documents come in a variety of sizes like letter -sized, large format maps, plat a velum paper plans, comb -bound booklets, post -it notes, receipts, photos etc. Scanning will be conducted on site, at the city facility. Our machines are equipped to scan both front and back of paper, automatically verify orientation, scan documents as small as 1.5 x 3inches and as large as 11 x 17 inches in a single scan. Our equipment is also equipped to de -skew, de -speckle, remove blank pages, and fill in hole punches.

I believe that our knowledge and over 20 years of experience in the record management industry serving the needs of various commercial and government entities, coupled with our expertise in the handling of fragile, historic, and sensitive documents for scanning and archiving is just what your respectable Organization needs for the success and completion of this project and the satisfaction of your organization.

I certify that Our Company meets and exceed all your minimum requirements of the RFP.

Myself Johanna Jimenez Operation Manager and Akin Mohammed President are authorized to bind and negotiate on behalf of the company.

Your consideration of my proposal is highly appreciated.

Johanna Jimenez Akin Mohammed
jojimenez(2 ,,omniproinc.net Amohammed a,omniproinc,net 909-902-0064 909-938-1169
780 E. Francis St Suite Q
Ontario CA 91761

OMNI PRO INC
References:

We have served the needs of various organizations like the following:

1. State of Alaska Department of Public Safety
5700 East Tudor Road
Anchorage, AK 99507
Michael Bouwkamp
907-269-717
Sorted, prepared, scanned, indexed, and destroyed records.

2. City Of Long Beach
333 W. Ocean Blvd, 12th Floor
Long Beach, Ca. 90802
Scott Otta
562-570-6783
Prep and scan archive records

3. City Of Banning
99 E. Ramsey Street
Banning, CA 92220
Edith Garcia
951-922-3193
Prepared, scanned, indexed, and reassembled records.

OMNI PRO INC
Firm Profile:

Omni Pro, Inc. has been in business for over 20 years but was Incorporated in 2010. Our area of operation spans the entire state of California and beyond. Omni Pro Inc. has 30 employees Including field record technicians. Our daily workload includes but is not limited to retrieving, scanning, indexing, and processing thousands of records for our clients. We also provide record conversion and management services for law firms, healthcare providers and public agencies, utilizing customized records management system to meet their individual and specific needs. Omni Pro principal office is located at 780 E Francis St. Suite Q. Ontario Ca. 91761
Proposed Team:

Team members are required to complete a Chain of Custody training, Confidentiality and HIPPA review. Additionally, we require a fingerprint background check that is performed annually and a 7 -panel drug test for all employees. This ensures that we can utilize your team members on all project types. Including CJIS (Criminal Justice Information System), medical financial, and other sensitive information.

Below is a list of key personnel that will be involved with this project. •
•
•
.
•
•
Akin Mohammed Account Executive/President/Assigned Representative Johana Jimenez
Alexia Ascencio
Maria De Jesus
Edmar Jimenez
Project Manager
Quality Control Manager
Scanning/Indexing Technician
Scanning/Indexing Technician
Project Manager: responsible for all activities relating to the project/technical guidance for planning, directing, assigning, and monitoring task operations, plans, recommends and implements the project and task activities and modifications. Confirms quality of work and finalizes job.

Qualification: Bachelor's Degree + seven years experience Quality Control Manager: ensures products meet quality and efficiency standards.

Qualification: Bachelor's Degree + five years additional experience in production.

Scanning Technician: Operates digital imaging equipment in the production of image acquisition from a variety of source documents. Scans hard copies to file, following project operating procedures. Inspects finished work for sharpness, density of line, position, count, and sizes. Operates document scanners and related equipment.

Qualification: Thorough knowledge of materials and equipment utilized in the document imaging processes. Five years of experience performing document scanning work.

OMNI PRO INC
Approach
Omni Pro Inc supports a strong communication and reporting process, providing clients with all desired reports and invoices in a timely manner. Omni Pro Inc ensure regularly scheduled meetings as requested by the city representative.

Step 1- Project Setup
Each task performed begins with the team member logging in at the beginning using unique login credentials. This provides us with a complete audit trail for all transactions and tasks.

Compiling and maintaining a chain of custody also allows the ability to conduct daily QC performance measurement for all personnel. For this project we will bring three scanners and three pcs, we will set up scanning perimeters upon arrival based on the needs of the project.

Step 2- Document/ Record Preparation
The prep team will be responsible for removing staples and paper clips, sticky notes and any other items that would impede scanning. Sticky notes are placed in a blank area or blank page before scanning. During this process the team will sort documents and or boxes into document types and include separation sheets. The documents are never separated from the folders. Folders remain in their original box and are transferred to the scan station. This box is the records' "home" throughout the entire migration process. It is also identified as a batch within Omni Pro, Inc's system and allows them to track any file and/or document back to the box to address any issues, discrepancies, etc. that may be found during any one of the QC stages.

Step 3- Scanning
The scanning technician will be responsible for viewing each page as it is processed through the scanners, verifying orientation, and removal of blank pages etc. It is always our objective to capture the best image possible on all documents. Some documents may require a grey scale and/or color scan to capture the desired details (especially if the original document is not of good quality.) We expect these items to be clarified upon completion of the validation/test run phase.

Omni Pro, Inc will provide an equal or better image than the original. Our scanners have the capacity to scan up to 600 dpi, detect double page feed, automatically remove blank pages, save files under PDF, JPG, Tiff etc. We are equipped to scan letters, legal, carbon, tabbed and large paper. Our with all of these measures in place it allows consistency. We intend to use the following scanners.
• Fujitsui Fi-6700, Fi-6800
• Kodak i-3400
• Scan Optic S0300
• Kip Large Format Scanners

OMNI PRO INC
We will also be utilizing Kofax VRS, PaperStream, SimpleIndex software and other proprietary software.

Step 4- Indexing
Indexing will be done based on the pre -agreed schema provided. Data will be keyed in by two separate technicians for comparison and accuracy. OCR will be performed as necessary or required. Our indexing system has the capability to keep related documents together by linking the numbering system used to each other.

Step 5- Quality Control
Each completed batch will then be transferred to our processing server where our document processing system will check the quality of each image, de -skew it, etc. and make sure that each image meets the predetermined parameters. This is followed by random visual checks by the quality control staff.

Step 6- Project Delivery
Upon completion and final inspection, all data and images can be delivered in a removable encrypted drive or can be transmitted to the customer via a secured transmission channel such as ONE DRIVE.

Backup Procedures
If a malfunction of a scanner should arise, we maintain backup scanners to replace that scanner allowing us to maintain the production speed.

OMNI PRO INC
Project Schedule:

Timeline
0 Prep and Scan per Week
15 boxes
Phase 1
Phase 2 Phase 3
Prep and scan Weekly goo.

Phase 2
QC and Index per Week Deleivery Per Week
15 Boxes 15 Boxes
Ccrnplete QC and Index scanned Succesfull transmission of all completed documents work

OMNI PRO INC
Current and Outstanding Contracts:
1) Department of Veterans
Active
Scheduled to arrive in house week of June 26, 2023 and to be completed by August 31,2023 we have other members assigned to handle this project. 2) Beaverhead
Active
Scheduled to commence on August 1St, 2023 and to be completed by November 2023

EXHIBIT "B"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)

ACORO®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DO/ TTY)
05/26/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328

INSURED
Omni pro, inc
708 E Francis St Ste Q
Ontario, CA 91761

COVERAGES
CERTIFICATE NUMBER:

CONTACT
NAME:

PHONELAIC 4..z Ez (888)202-3007
ADORESS: [email protected]
FAX
'AIC. Ne)
INSURER(S) AFFORDING COVERAGE NAIL it
INSURER A: Hiscox Insurance Company Inc
INSURER B:

INSURER C:

INSURER D :

INSURER E :

INSURER F :
10200
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR AWOL SL/BR MWOUCY EFF POLICY IMP LIMITS LTR TYPE OF INSURANCE win wvn POLICY NUMBER DO/YYYY) (Ir10OIYYYY) X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS A1ADE X OCCUR DAMAGE TO RENTED
PREMISES !Ea omxrenc s) S 100.000
MED EXP Wry one person) $ 5,000
A N UDC-5137078-CGL-22 04/13/2022 04/13/2023 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'LAGGREGATE UMITAPPUESPER: GENERAL AGGREGATE $ 2,000,000 n POLICY ^ CT LOC PRODUCTS - COMP/OP AGG S SIT Gen. A99 OTHER: $

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S
(Ea aooden0
ANY AUTO BODILY INJURY (Par parson) $
OWNED SCHEDULED BODILY INJURY (Per aooident) $
AUTOS ONLY AUTOS UDC-5137078-CGL-22 04/13/2022 04/13/2023

HIRED NON -OWNED PROPERTY DAMAGE
X AUTOS ONLY X AUTOS ONLY (Par acodent) $
CGL HNOA bald s 300,000
(ye ocn,rtsnca)

UMBRELLA UAB OCCUR EACH OCCURRENCE S

�

EXCESS LAB CLAIMS -MADE AGGREGATE S

DED RETENTIONS S

WORKERS COMPENSATION PER
_ STATUTE ERH

AND EMPLOYERS'
UABILnY Y / N
ANYPROPRIETORIPARTNER/EXECUTIVE -- E.L EACH ACCIDENT $
NIA
OFFICERfMEMBEREXCLUDED?
(Mandatory in NH) — " E.L DISEASE -EA EMPLOYEE $
If yes describe under
DESCRIPTION OF OPERATIONS below E.LDISEASE- POLICYUNIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Document Scanning

CERTIFICATE HOLDER
City of Beaumont

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLJCIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATNE

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

City of Beaumont Request for Proposal
Document Imaging & Quality Control
BEAUMONT Services
-CALIFORNIA-
EXHIBIT "D"
Pricing Sheet

City Of Beaumont

BEAUMONT
--CALIFORNIA-
Pricing Sheet
City -Wide Document Imaging &
Quality Control Services
Description of Page Size
Firm, Fixed Unit Price
Scan 8.5 X 11
$ .05 per image
Scan 8.5 X 5.5
$ .05 per image
Scan 11 X 17
$ .07 per image
Scan 7 X 8.5
$ .05 per image
Scan 24 X 6
$ .35 per image
Scan 24 X 42
$ .75 per image
Scan 8.5X14
$ .10 per image
Scan 32 X 48
$ .75 per image
$
Image Processing
$ Included per image
Indexing
$ .10 per image
Extract Image
$ Included per image
Manual De -Skew & Crop to remove borders
$ Included per image
Single Inspect and Report Image Quality Report
$ Included per image
Double Inspect and Report Image Quality
$ Included per image
Enhance and Replace for Poor Quality Image (non-
drawing)
$.10 per image
Enhance and Replace Poor Quality Image (Drawing)
$ .25 per image
Mask Unwanted Documents
$ .10 per image
Reverse Dual Polarity
$ .05 per image
Document Preparation
$ 35.00 per hour
Project Management/ Consultation
$ 100.00 per hour
Data Processing programming necessary for files
interface
$ 100.00 per hour
Additional/ Optional Services:

Set Up Fee
150
*all additional services Contractor deems necessary to complete the project must be quoted and included in the Pricing Sheet.

ACORO®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
05/26/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328

INSURED
Omni pro, inc
708 E Francis St Ste Q
Ontario, CA 91761

CONTACT
NAME:

PHONE (A/C. No. Ext): ($$$ ) 202-3007
E-MAIL
ADDRESS:
[email protected]
FAX
(A/C, No):

INSURER(S) AFFORDING COVERAGE
INSURER A: Hiscox Insurance Company Inc
NAIC #
10200
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE RENTED
PREM SESO(Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000
UDC-5137078-CGL-22
04/13/2023
04/13/2024

PERSONAL&ADVINJURY
$ 1,000,000
GEN'L
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
PECOT-
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ S/T Gen. Agg
$

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
X

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY

COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
UDC-5137078-CGL-22
04/13/2023
04/13/2024
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
CGL HNOA Limit
(per occurrence)
$ 300,000

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENT ON $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N /A
PER

STATUTE
OTH-
ER
UDC -5137078 -WC -22
04/13/2023
04/13/2024
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Document Scanning
The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are named as additional insured as required by written contract with respect to General Liability and Auto Liability. 30 Days' Notice of Cancellation to certificate holder, 10 days for non-payment of premium applies.

CERTIFICATE HOLDER

CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont CA, 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
jli
l
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name Pregtjin IObi'tlad marks of ACORD

City of Beaumont Contract Number:

C23-75.1

FIRST AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR

THIS FIRST AMENDMENT TO AGREEMENT OF SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective as of the 5th day of March, 2024 by and between the CITY OF BEAUMONT ("CITY"), a general law city, and Omni Pro Inc., (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:

A. On July 7th, 2023, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Service by Independent Contractor ("Agreement") for Document Imaging and Quality Control Services.

B. City has requested an extension of the term of the contract and compensation.

AMENDMENT
Section 1. of the Agreement is hereby amended to extend the term for an additional year; terminating July 7, 2025, unless extended by the parties with the approval of City Council.

Section 4. of the Agreement is hereby amended to increase the maximum compensation as follows: Under the current Agreement, compensation was set at a maximum not to exceed amount of Seventy Five Thousand Dollars and Zero Cents ($75,000.00). Per this First Amendment, compensation is increased by an additional Two Hundred Fifty-five Thousand Dollars and Zero Cents ($255,000.00) as provided in the Proposal attached here to as Exhibit "A" resulting in total compensation not to exceed Three Hundred and Thirty Thousand Dollars and Zero Cents ($330,000.00).

The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.

City of Beaumont Contract Number:

C23-75.1

SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR

SERVICES BY INDEPENDENT CONTRACTOR

CITY OF BEAUMONT
CITY: CONTRACTOR:

CITY OF BEAUMONT Omni Pro Inc.

By: By:

David Fenn, Mayor
Print Name:

Title:

ATTEST:

By:

Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:

By:

John 0 Pinkney, City Attorney

City of Beaumont Contract Number:

C23-75.1
EXHIBIT "A"

PROPOSAL

Omni Pro Inc
PO Box 825
Chino CA 91708
Name / Address
City Of Beaumont
Attn: City Manager
550 E. 6th Street,
Beaumont, Ca 92223
Estimate
Date
Estimate #
2/19/2024
14 Project
Description
Qty
U/M
Cost
Total
Scan and Index records duration of 12 to 15 months
between $14,000.00 to $17,000.00 per month
Estimate at lowest range 12 x 14,000.00= 168,000
Estimate at highest range 15 X 17,000.00= 255,000
Estimate not to exceed $255,000.00
255,000.00
255,000.00
This is an estimate and subject to change based on amount of pages Total $255,000.00
Customer Signature

CRUMB
tbalmanin
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-PmAr
111131115
•771 2ma-

BEAUMONT
Staff Report
TO: City Council
FROM: Christina Taylor, Deputy City Manager
DATE March 5, 2024
SUBJECT: Washington D.C. Visit Summary
Description Summary of legislative and advocacy visit to Washington D.C.

Background and Analysis:

February 11, 2024, through February 16, 2024, Mayor Fenn, Mayor Pro Tem Lara, Council Members Martinez, White and Voigt, Public Works Director Vestal and Deputy City Manager Taylor made a trip to Washington D.C. in an effort to meet with legislators and federal departments to discuss City and regional issues, and advocate for support and funding for critical projects. The information below is a summary of the meetings held. Sunday, February 11, 2024, and Friday, February 16, 2024, were travel days.

Meetings were held Tuesday — Thursday as described below:

Tuesday, February 13, 2024:

Federal Rail Administration (FRA): City met with the Intergovernmental Affairs staff from FRA and provided an update regarding ongoing issues the City has been experiencing with Union Pacific Railroad (UPRR) and the at -grade crossings at Pennsylvania Avenue. Mayor Fenn provided a briefing on the rail crossing blockage incident from June 2022. Public Works Director Vestal provided FRA staff with an overview of at - grade crossings within the city and progress made on the Pennsylvania Grade Separation since the incident. The FRA staff provided information on the Railroad Crossing Elimination Program (RCEP) which provides funding for planning and construction for elimination of at -grade crossings. FRA staff indicated RCEP is a good fit for the grade separation project and highlighted information which should be included in the application. City staff thanked FRA staff for the FRA Portal information which is now used for reporting incidents. Reports submitted through the portal are retained and can be used to justify the need for at -grade crossing elimination funding.

Wednesday, February 14, 2024:

National Park Service (NPS): City met with NPS to explore how to best access funding through the Land and Water Conservation Fund (LWCF) for various parks and open space projects in the City. City representatives provided an overview of the Stewart

Park project, Sports Park project, habitat areas within the City and future park and community center needs. NPS staff advised LWCF is a permanent funding source with annual application cycles. NPS staff discussed the public engagement process expected and also provided information on the technical and staff assistance available to the City for help with projects.

Environmental Protection Agency (EPA): City representatives met with the EPA ombudsman, intergovernmental staff and program staff to discuss programs available for wastewater treatment and brownfield reclamation. City representatives were able to provide an update to EPA staff on progress made with the wastewater treatment plant and production of recycled water. EPA staff provided a substantial amount of information on a variety of funding sources including grants and low/no interest loan options for wastewater and recycled water projects. EPA staff also discussed timing on project development related to funding applications. EPA staff reviewed program information for brownfield reclamation and provided contact information for the regional office.

Congressman Calvert: City representatives met with a representative from Congressman Calvert's office to discuss ongoing issues with Union Pacific Railroad (UPRR) and Pass Area regional transportation needs. City representatives provided Congressman Calvert's staff an overview of the June 2022 incident with UPRR and the urgent need for a grade separation. City representatives provided a progress update regarding the Pennsylvania Grade Separation project as well as other projects in the area and the regional effort from Pass Area cities working together to address rail and interstate issues.

Thursday, February 15, 2024:

Senator Butler: City representatives met with staff from Senator Butler's office to discuss the City's transportation priorities. City representatives discussed a number of ongoing issues in the City as well as in the Pass Area. City representatives provided an overview of the June 2022 incident with UPRR and an update on the progress we have made toward the grade separation. City representatives provided information on transportation projects of local and regional significance such as Beaumont Ave/SR- 79/1-10 and the need for improvements which would benefit a significant number of inland residents. Senator Butler's staff appreciated the information and advised they would provide support for funding requests and grant applications.

US Department of Transportation (DOT): City representatives met with staff from DOT.

City representatives provided an overview of the Pennsylvania Grade Separation project and other projects in the vicinity as well as an update on the Potrero Ramps project. City representatives discussed the regional significance of Beaumont Ave/SR- 79/1-10, and the collective efforts of Pass Area cities related to this project. The City

explained the need for support both politically and financially at the federal level to make progress on these large projects and regional issues. The City received information on financial resources and programs which could be of assistance to the City and the Pass Area.

Senator Padilla: City representatives met with staff from Senator Padilla's office to discuss the City's transportation priorities. City representatives discussed a number of ongoing issues in the City as well as in the Pass Area. City representatives provided an update on the UPRR incident and provided information on the transportation projects of local and regional significance. City representatives provided information on the regional significance of Beaumont Ave/SR-79/I-10 and the need for improvements which would benefit a significant number of inland residents. Senator Padilla's staff advised the City that they would be supportive of future funding requests and grant applications and would provide letters of support when requested to do so.

Congressman Ruiz: City representatives met with Congressman Ruiz to discuss ongoing City priorities and regional needs. City representatives provided an update on the Pennsylvania Grade Separation project and other ongoing projects in the area. City representatives were able to discuss with the Congressman, the regional needs for improvements along Beaumont Avenue/SR-79/I-10 and the efforts of Pass Area cities working together on this issue. City representatives provided an update on the status of the Potrero interchange project, including funding, remaining needs and challenges and interagency participation. City representatives thanked the Congressman for his presence in the community and ongoing support of projects within the City of Beaumont.

Bureau of Reclamation (BOR): This meeting was originally scheduled for Wednesday but was rescheduled by BOR staff. City representatives met with BOR staff to discuss water reuse and groundwater basin recharge projects and funding. City representatives provided a progress update on the wastewater treatment plant and production of recycled water. BOR staff reviewed grant opportunities and processes and advised of requirements such as NEPA along with other components which make a project eligible and competitive. City representatives and BOR staff discussed the importance of recycled water within the region.

Fiscal Impact:

The cost to prepare this staff report is approximately $150.

Recommended Action:

Receive and file.