Agenda packet — Beaumont City Council, May 7, 2024 (part 19 of 25)

RFP FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR OAK VALLEY PARKWAY EXPANSION

PHASE II
under ASTM E1527-21), Roux will prepare a Phase IESA Report documenting the scope, findings (e.g., known and suspect RECs/HRECs/CRECs), limitations, and opinions developed through completion of the Phase 1 ESA.

Deliverable: Prepare and submit a Caltrans level report following their template.

2.9 — TASK 4.5: BIOLOGICAL ASSESSMENT

1. Natural Environment Study Minimal Impacts (NESMI). A NESMI is a shortened version of a Natural Environment Study (NES). This type of report is for projects that have limited scope and impacts to natural resources, are minor projects, and not ordinarily involving listed species. Jennings believes that this project will meet the threshold for a NESMI.

2. Literature/Database Review. Jennings will review state and federal databases of sensitive species known to occur in the area. Based on Jennings' initial database review, the site does not appear to be in critical habitat for any species.

3. Field Review. A Jennings biologist will conduct a pedestrian survey of the project area, including a standard 200 -foot buffer area, and review the site for both common and sensitive wildlife. The field review will be conducted to ensure 100 percent coverage of the site. The site will also be assessed for the presence of any federally/state listed or sensitive species.

4. Jurisdictional Delineation (JD). Jennings will also determine if there will be any drainages impacted. If so, our JD will provide the technical information necessary to support CEQA/NEPA and the regulatory permit applications for project -related impacts to "waters of the United States" and "waters of the State". Our Regulatory Specialists will survey each drainage feature to: 1) photo document the up and downstream conditions at any crossing and record the habitats, sensitive resources, and jurisdictional boundaries with GPS. This fieldwork will provide the data necessary to visually depict any limits of "waters of the United States" and "waters of the State" relative to fill limits of each drainage crossing. Once the site visits are conducted and the project site baseline information is obtained, our jurisdictional delineation report will be prepared discussing on -site jurisdictional areas. Findings will document existing conditions and jurisdictional resources and regulatory approvals that may be required for impacts to these resources.

5. MSHCP Compliance. Because the Project site is located within the Western Riverside Multi -Species Habitat Conservation Plan, Jennings will perform the necessary surveys and provide a Consistency Analysis. The site is located within a criterial cell (Cell 940) and a survey area for burrowing owl.
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RFP FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR OAK VALLEY PARKWAY EXPANSION PHASE I1
Burrowing Owl Focused Surveys

1. The project site is located in a survey area for the special status species burrowing owl (BUOW). The MSHCP requires that a habitat assessment for BUOW be conducted whenever you are performing a consistency analysis. The habitat assessment will be conducted under the consistency review in Task 1. If the habitat is determined to be suitable for BUOW, then focused breeding season surveys are required. This entails four (4) site visits during the breeding season (March 1 — August 31), to determine if BUOW uses the site. The habitat assessment counts as the first site visit, so this would cover the additional three (3) site visits and reporting requirements.

HANS Processing and Coordination with the County

1. For consistency with the MSHCP, we will also prepare a Habitat Acquisition and Negotiation Study (HANS). The County will likely require a HANS be prepared and a HANS application be submitted to determine whether this property should be acquired by them. We will prepare an Application for the property owner's use and submittal to the County. Subsequent to submittal of the Application, the property owner would begin negotiations with the County should there be disagreement with the County's determination regarding acquisition.

Deliverable: Prepare and submit a Caltrans level report following their template.

2.10— TASK 4.6: INITIAL STUDY PROJECT DESCRIPTION
Jennings will be prepared to conduct a conference call with representatives from the City discuss the project description, specific project issues, upcoming construction schedules and CEQA schedule. Following the review of existing data, any gaps in the data and recommendations for correcting the gaps would be discussed with the City. Jennings will work closely with the City to determine what additional data must be collected in support of the CEQA document being prepared.

Jennings will develop a comprehensive description for the project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City. The project description will include a narrative and graphical presentation of the project, including components, location and boundaries, regional and vicinity maps, and a statement of the Project goals and objectives. Jennings assistance with the Project Description provides the "environmental voice" of the Project Description, in which descriptions of components may be added or expanded upon to ensure any potential impact can be determined, and dealt with, early in the planning process.
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RFP FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR OAK VALLEY PARKWAY EXPANSION

PHASE II

2.11— TASK 4.7: ADMINISTRATIVE DRAFT INITIAL STUDY
Jennings will prepare an 15 Checklist to confirm the preparation of an appropriate CEQA Documentation for the Project. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G. In compliance with CEQA Section 15063, the IS will contain the following, in brief form:
• A description of the Project, including the location of the project; • An identification of the environmental setting;
• A preliminary identification of environmental effects by use of a checklist, matrix, or other method, with some evidence to support the entries; and • A preliminary discussion of the ways to mitigate the significant effects identified; if any.

The environmental factors outlined in the CEQA checklist • Aesthetics
• Agricultural and Forestry
Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous
Materials
• Hydrology and Water Quality
include:
• Land Use and Planning
• Mandatory Findings of
Significance
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire

2.12— TASK 4.8: NEGATIVE DECLARATION/MITIGATED NEGATIVE DECLARATION Based on coordination with the City and results of the analysis within the IS including the technical studies, Jennings will prepare a ND or MND CEQA Documentation for the City. The process for preparing a ND is the same as an MND with the exception that a Mitigation Monitoring and Reporting Plan is not required under an ND. Therefore, only the MND process is described below.

If one or more significant impacts are identified during the IS process, including the results from the Air Quality/Greenhouse Gas Technical Memo, General Biological Resources Assessment Report and Preliminary Jurisdictional Delineation Report, Cultural Resources Assessment (CRA), Paleontological Survey Report and Hazardous Waste Sites and Soil Contamination Records 12 1

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RFP FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR OAK VALLEY PARKWAY EXPANSION

PHASE II
Search, CEQA allows the preparation of an MND when those impacts can be mitigated to a less than significant level. The following is a list of the required contents of an MND:
• a brief description of the Project;
• the location of the Project (preferably shown on a map); • the name of the Project proponent;
• a finding that the Project will not have a significant effect on the environment; • mitigation measures included in the Project to avoid potentially significant effects; and
• a copy of the IS.

After receipt of up to two sets of integrated comments on the Draft IS/MND from the City, Jenings will then revise the MND accordingly. Jennings will prepare and distribute copies of the Draft IS/MND to the City, State Clearinghouse, and affected public agencies.

Jennings will prepare and file a Notice of Completion (NOC) and a Notice of Intent (NOI) to adopt an IS/MND with the State Clearinghouse and the County Clerk respectively. Jennings will provide copies of the IS/MND and NOI for the City to post at the local library, at the County Clerk and in one local newspaper in addition to mailing CD copies to affected public agencies. Jennings is also available to distribute to the mailing list provided by the City, should that be required.

2.13— TASK 4.9: FINAL INITIAL STUDY ND/MND AND RESPONSE TO COMMENTS Based upon comments received from public review, responses to the comments will be prepared.

Jennings expects to receive no more than 10 comment letters totaling up to 60 individual comments that will require a response on this Project. A draft of these responses will be provided to the City. Upon receipt of two complete set of comments from the City on the responses, a Final IS/MND will be prepared. This document combined with the Draft IS/MND will constitute the Final IS/MND to be used by the City when considering approval of the Project.

2.14— TASK 5: JURISDICTIONAL COORDINATION
Jennings will coordinate with the City and other regulatory agencies including Caltrans, Riverside County Flood Control and Water Conservation District (RCFCD & WCD), and other regulatory agencies. Jennings Principal was previously an Associate Planner at RCFCD & WCD, so he has a unique ability to understand the inner workings of this agency. This previous experience also translates into the ability to coordinate with other governmental agencies. Having worked with the other agencies for different projects while working for RCFCD & WCD.

Additionally, Jennings will also prepare a jurisdictional delineation and permit packages for the Army Corps of Engineers, Regional Water Quality Control Board and California Department of Fish and Wildlife.
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RFP FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR OAK VALLEY PARKWAY EXPANSION PHASE 11
Jurisdictional Delineation and Permitting
Jennings will also determine if there will be any drainages impacted. If so, our JD will provide the technical information necessary to support CEQA/NEPA and the regulatory permit applications for project -related impacts to "waters of the United States" and "waters of the State". Our Regulatory Specialists will survey each drainage feature to: 1) photo document the up and downstream conditions at any crossing and record the habitats, sensitive resources and jurisdictional boundaries with GPS. This field work will provide the data necessary to visually depict any limits of "waters of the United States" and "waters of the State" relative to fill limits of each drainage crossing. Once the site visits are conducted and the project site baseline information is obtained, our jurisdictional delineation report will be prepared discussing on -site jurisdictional areas. Findings will document existing conditions and jurisdictional resources and regulatory approvals that may be required for impacts to these resources.

The Santa Ana River Regional Water Quality Board has authority over the discharge of dredged or fill material in Waters of the State under California Code of Regulations and the Porter -Cologne Water Quality Control Act. It is anticipated that the drainage on -site is subject to these regulations and will therefore require a WDR Permit.

This project will likely fall within the jurisdiction of the California Department of Fish and Wildlife (CDFW) and will require a California Fish and Game Code Section 1600 Streambed Alteration Agreement. We will prepare a Lake and Streambed Alteration Agreement Application (SAA) to be processed through the CDFW.

Deliverable: Jennings will prepare the Jurisdictional Delinataion and Applications for submittal to the regulatory agencies.

3.0 — ANTICIPATED WORK SCHEDULE
CEQA
Draft Project Description Week 1
County Review Draft Project Description Week 2
Jennings Prepares Administrative Draft IS/MND Weeks 3-7 County Reviews Administrative Draft IS/MND Week 8-9
Jennings Revises Administrative Draft IS/MND Weeks 10-11 County Reviews Revised Administrative Draft IS/MND Week 12 Jennings Prepares, Prints, Distributes Draft IS/MND Week 13 30 -day Public Review Weeks 14-17
Jennings Prepares Final IS/MND with responses to comments Weeks 18-19 County Reviews Final Is/MND Week 20
Jennings Prepares, Prints, Distributes Final IS/MND Week 21 Public Hearings TBD
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RFP FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR OAK VALLEY PARKWAY EXPANSION

PHASE II
This Schedule is dependent upon the receipt of the above mentioned "Other Technical Studies".

Any delays in receiving those reports will shift this proposed schedule.

4.0— EXPERIENCE AND PAST PERFORMANCE
Jennings has demonstrated competence in the preparation of environmental analysis and documentation. We have experience with, and expertise in, a variety of project types including preparing environmental documents in support of CEQA activities, wildlife habitat assessments, preparing technical Environmental Studies, mitigation site analysis, and surveys for sensitive and endangered species.

Our mission is to provide our clients with high -quality consulting services so that they can make informed natural resource management decisions. Our services include but are not limited to:
• California Environmental Quality Act compliance (CEQA) • National Environmental Policy Act compliance (NEPA)
• California Endangered Species Act Compliance
• Federal Endangered Species Act Compliance
• Preparation of permit documents for federal Clean Water Act compliance • Preparation of permit documents for State Streambed Alteration Agreements • Preparation and implementation of mitigation monitoring plans • Preparation of analyses of technical environmental reports, legislation, and regulations Examples of Jennings outstanding track record with complex projects includes can be found in the Attached Statement of Qualifications in Attachment 1.

5.0— REFERENCES
Below is a table with references for past CEQA/NEPA projects that Jennings has completed.

Client Contact Information Service Provided
City of Rialto Kathy Brann NEPA Environmental
Economic Development Manager Assessment
150 S. Palm Ave, Rialto, CA 92376
909-820-2505 x 2041 or
[email protected]
San Bernardino Nancy Sansonetti, Supervising Planner CEQA IS and Biological County Public Works, Environmental Management Assessment Division
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RFP FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR OAK VALLEY PARKWAY EXPANSION PHASE 11
City of Menifee
Riverside County
Flood Control and
Water
Conservation
District

6.0 — COST
825 E. Third Street, Rm. 123, San Bernardino,
CA 92415 909-387-8109 or
[email protected]
Chris Gehrki
Management Analyst/Public Works
Department
27860 Bradley Road ( Menifee, CA 92586
(951) 723-3721 or [email protected]
Kevin Kunningham
Environmental Project Manager
1995 Market Street, Riverside, CA 92501
951-955-1526 or [email protected]
Biological Assessment
and Permitting

CEQA IS, EIR
Addendum, and
Regulatory Permitting
Our not -to -exceed cost to complete the tasks described herein is detailed on the spreadsheet in a separate sealed envelope, as requested. Tasks presented on the spreadsheet should all be considered optional and could be individually authorized. Therefore, this is a not -to -exceed estimate and would be billed monthly as costs are incurred.

Jennings appreciates the opportunity to work with you on this project. If you have any questions or need any clarifications, feel free to contact me at (909) 534-4547 or gene@iennings- environmental.com. Again, thank you for asking us to assist you with this project.

Attachments:

Attachment 1— Statement of Qualifications/Resumes
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ATTACHMENT 1- STATEMENT OF QUALIFICATIONS AND

RESUMES
17 1 P

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Statement of Qualifications
for Environmental Consulting Services
Jennings Environmental, LLC
JE
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About Us
We understand your project is very important to you. We also understand that preserving species and habitat is important to the resource agencies. We will work with you and the resource agencies to find a solution that works for both parties.

A good relationship with State and Federal resource agencies is key to having a successful project. We will use our years of experience to assist clients from project conception to construction. Additionally, we have a proven track record with all aspects of both small and large projects for both public and private clients.

Jennings Environmental's professionals are experts in biology, ecology, regulatory permitting, and planning, with specialties in Califomia's various deserts, forests, and riparian habitats. We thoroughly understand the regulatory issues associated with impacts and management of sensitive biological resources.

Jennings Environmental, LLC
35414 Acacia Ave
Yucaipa, CA
(909) 534-4547
www.jennings-environmental.com
e-mail: [email protected]
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e12

Our Services
Planning
California Environmental Quality Act (CEQA) Review and Compliance • National Environmental Policy Act (NEPA) Review and Compliance • MSHCP Compliance
• Pre -Project Agency Consultation
• Project Development
• Public Outreach
• Technical Studies and Reporting
Wetlands/Waters Permitting
• Waters of the US Delineation
• Waters of the State Delineation
• Streambed Alteration Permitting
• Corps of Engineers Permitting
• Wetlands Management
110
3:101,Muc1 S
EINVIRCeltillSPITAL
Avian Surveys and Management
• Migratory Bird Treaty Act (MBTA) Compliance
• Nesting Bird Surveys
• Nest Management/Relocation
• Sensitive Bird Habitat Surveys
Biological Resource
Management/Permitting
• State and Federally Listed Sensitive Species Presence/Absence Surveys and Permitting
• Sensitive Habitat Evaluation
• Sensitive Species Relocation
Construction Monitoring
• Worker Environmental Awareness Training
• Permit Compliance Monitoring During Construction
• FEMA / OES Compliance Monitoring and Reporting

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Our Professionals
j�
JEPiP]1eIGS

ENVIKOPILEMAL
Gene Jennings, Principal/Regulatory Specialist
Mr. Jennings obtained his BS in Biology from Cal State San Bernardino and his MBA from University of Phoenix. With over eight years of experience in natural resource management, special status species survey, regulatory permitting, compliance documentation, and construction monitoring, he has excellent knowledge of State and federal natural resources laws and compliance documentation. he has proven experience and long-term relationships with key staff at involved public agencies which he regularly interfaces with, including the BLM, USFS, FHWA, Corps, USFWS, CDFW, SWB, RWQCB. In addition, Mr. Jennings is an experienced planning and environmental professional, working extensively in the public sector for a local government in California and in the private sector. He is well versed in planning, land use, and environmental compliance in California.

Prior to forming Jennings Environmental, LLC in 2020, he had served as water quality manager for the Arrowhead Lake Association (2007-2016), a Lead Biologist at a leading environmental consulting firm (Jericho Systems, Inc 2016-2018) in San Bernardino County and an Environmental Planner for the Riverside County Flood Control and Water Conservation District 2018-2021).

Professional Contacts Phone
Nancy Sansonetti, San Bernardio County Public Works 909-387-8109 Israel Gomez Rosales, City of Big Bear Lake 909-866-5831 Cheryl Tubbs, Lilburn Corpoartion, Inc. 909-890-1818
Karen Kirtland, Natural Resources Assessment, Inc. 951-686-4483 Brian Gengler, City of Victorville 760-955-5200
Tyler Fife, City of Menifee, Public Works 951-672-6777
Tom Dodson, Tom Dodson and Associates 909-882-3612
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Samples of fur -rojects
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EPiVI C.3f'I V1EN'PAL

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74)
JEt`ls' IPIr3S• I
EN VIftDOINIENTAL
Contact:

City of Rialto
(909)
kpetersonCa rialtoca.gov
Conlr3ct Cos
Key Tasks:

NEPA EpvircnrnE:

Assessment (EA) and
Finding of No Significant
Impacts (FONSI)
Key Staff:

Gene Jennings
Jackson & Willow Infill Multi -Family Affordable Housing (PROJECT)
NEPA Environmental Assessment (EA) and Finding of No
Significant Impacts (FONSI)
City of Rialto
September 2020 — February 2021
Summary
The City of Rialto desired to build multi -family affordable housing using funds from the Department of Housing and Urban Development (HUD). This project was to develop a 2 - acre parcel with a maximum of 12 -units designated for low-income individuals.

Because the project would use HUD funding, a federal agency, the City was required to complete the necessary steps under the National Environmental Policy Act (NEPA). We completed an Environmental Assessment (EA) for the project. After analyzing all potential environmental effects, we determined that there we no significant impacts and that an Environmental Impacts Statement (EIS) would no be required. We then completed the Findings of No Significant Impacts (FONSI) and the notice of intent to request release of funds (RROF).

This document was then circulated to all relevant agencies and interested parties. Once comments were received, we incorporated those into the EA and the City adopted the EA and approved the project.
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, •
E.PIVIit 1'J .4EN' -\L
Client Contact.

Jt,fret ZYiang
julietzhangBG gmaiLcan
Contract Status:

Prime Cr
Key Tasks:

CEQA IS/MND PPtepa,
Key Staff
Genf c:i"ii it a. F
•
RequJariv-

SOMEWHERE INVESTMENTS AND MANAGEMENT, LLC
Initial Study/Mitigated Negative Declaration
Parcel Sub -Division and Development
November 2021 to Present
Summary
Somewhere Investments and Management, LLC was contracted to complete an Initial Study and Mitigated Negative Declaration for their proposed lot sub -division and future development. The lots were designed to contain single family homes in Joshua Tree, CA.

We performed the following key tasks that contributed to this massive project's success:
created a biological resources inventory of all potential biological impacts and worked with the developer and the engineer to avoid all impacts of special status species. We then prepared a thorough analysis of the entire project within the CEQA Guidelines by preparing an Initial Study/Mitigated Negative Declaration (IS/MND). The document is almost ready for public review, once the cultural assessment is completed. 16

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5.1'1 vi rtc.oli' 4F.t'rrAL
Contact:
3415 Valencia Hill Dr.
i PversinE
�.IfErtEans�L?-44ui.ui .:
e!.sment.con
51-` • '1'1483
Con! + :;.. Status:

Annie
Key Tasks:

BUOW Sjrve,
Delineation Rt.:

Key Staff
Jurisdictiona

BURROWING OWL PROTOCOL SURVEYS AND JURISDICTIONAL

DELINEATION
Natural Resources Assessment, Inc
June 2020
Summary
Jennings Environmental, LLC was hired to perform a burrowing owl protocol survey in accordance with the Riverside County Multi -Species Habitat Conservation Plan (MSHCP).

We were also asked to conduct a Jurisdictional Delineation to find out if the parcel contained any drainage features that could be subject to Regulatory Approvals.

Our work consisted of walking the site in transects to provide 100% visual coverage on the parcel. We also marked the outlets of storm drains using GPS. Once the surveys were complete, it was determined that there were no BUOW present on site and that the site did not contain any drainage features that would have been subject to Regulatory Approvals,

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j
JiiPI1'1INGS
MiN NNIEPITAL.
\
Client Contact:

Cheryl Tubbs
,/P. Lilburn Corporation

19.15 Business Center Drive
San Bernardino CA 9.2408
909-890-1818
sheryi@Uttar orp,r;r,r •
Contract Status:
y,ll corizti nt
Key Tasks:

Biological Resource
Delineation

CANYON RANCH DEVELOPMENT
Biological Assessment and Jurisdictional Delineation
Lilburn Corporation
August 2021
Summary
The proposed Project includes subdividing parcels 0293-111-18, 19, 21 and 0293-101-08, 11, and 13, a total of 55.72 acres, into 89 single family lots with a minimum size of 20,000 sq. ft. The project also include subdividing parcels 0293-081-09, 11, 12, 19, a total of 10.96 acres, into 37 single family lots with minimum size of 7,200 sq. ft. The Project also includes the construction of roadways and necessary infrastructure (sewer, water, etc.) to develop each new lot.

We prepared a detailed biological assessment that covered all the species present on -site.

We also covered the storm drain outlets into San Timoteo Channel, which will result in the need to apply for permits as that channel is regulated by CDFW, RWQCB, and the US Army Corps of Engineers.
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j emir
JE iPIM GS
[email protected]
951-672-6777
Contract Status:

Prime Ccnsuita
Key Tasks:

Nesting Bird and BU -IM
Survey
Key
Gene

PALOMA WASH
Nesting Bird Survey and Construction Monitoring
City of Menifee Public Works
October 2021
Summary
The City of Menifee was conducting channel maintenance in the Paloma Wash. The maintenance consisted of mowing the vegetation and trash removal. The site was surveyed before maintenance began and it was determined that there were 3 burrowing owls onsite. Appropriate buffers were put in place and the maintenance was allowed to continue.

We monitored all maintenance activites and ensured the BUOWs were not harmed during the process. We submitted dailt monitoring reports to the City for their review and records.

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l_tltlf;llGS
EPIVIRONNIENTAL.

Client Contact:

Julie Gill;ei'!
Compass C2Asulling Enterprises.
rar�g_;gr,.59
Contract Status:

Sub -contractor
Key Tasks:

Construction Monitoring
Nesting Bird Surveys
Permit Compliance
Key Staff;
Gere Jennings
Mojave Water Agency
Oeste Well Recharge Monitoring and Permit Compliance
Mojave Water Agency, Phelan, CA
November 2021 — January 2022
Summary
The Project was drilling test wells within a portion of a parcel adjacent to the California Aqua Duct. The goal was to determine if the soils within the parcel are suitable for groundwater recharge.

This project consisted of long-term monitoring for Burrowing Owl. Additionally, we also prepared a Workers Environmental Awareness Plan (WEAP) and monitored the Joshua Trees on -site.

To maintain compliance with all regulatory and federal agencies, a complete monitoring record with detailed daily field reports, were submitted after each monitoring event. These included current site conditions with supporting photos.

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Resumes of Key Employees
PJVf PHdJEi'1TAi
ag 112

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35414 Acacia Ave. (909) 534-4547
Yucaipa, CA 92399 [email protected]
E xperii•._
CE.QA'NEPA
Documentation
Watcp, oFI1ie US r,.
did compliance

1.,31,C: irnd strew Ib(.
of fib: State pen •
and r‘rnpllance
Emergency Permitting
Water Quality Sampling
California desert and
riparian ecosystem5.

Education
MBA. University o
Phoenix. Feb 201+:

Unit•, Saii E3tmt�r.li
Training
Cr:QA Advanced 1 r14.

AI'P
NEPA Advanced ii..li
GIS Training
13NSF rRaik; i
t'ton I ractnr
13NSi" !_ RaiIs is .frairrinE.

N,ieti' Iiuk Safety Tratnirie
(7 \ ii't'. Plant 4<• •
Hyatt 1dcntiiicmi41l,
CA Nark e Plant Society
(ii'; [. jilentifictilion

GENE JENNINGS
Principal / Regulatory Specialist

SUMMARY
Mr. Jennings has over 10 years of experience in environmental planning, natural resource management, impact analysis, special status species survey, project risk analysis, and construction monitoring. He has prepared biological assessments, reports and restoration plans in compliance with the Clean Water Act, Fish and Game Codes, Migratory Bird Treaty Act, federal and state Endangered Species Acts, Caltrans, Federal Highway Administration, California Coastal Commission, and California Environmental Quality Act (CEQA).

Prior to forming Jennings Environmental, LLC, in 2020, he had been an Environmental Planner for the Riverside County Flood Control and Water Conservation District, a Lead Biologist at a leading environmental consulting firm in San Bernardino County, and a Biologist and for a private lake in the San Bernardino Mountains.

Throughout his experience he has prepared various levels of documents in compliance with CEQA and NEPA, regulatory permit applications for regular projects and long-term agreements, biological surveys, jurisdictional delineations, habitat suitability evaluations for endangered species, biological resources damage assessments, impact analyses, mitigation plans, implementation plans and conducted protocol -level surveys for special status species.

KEY EXPERIENCE
Mr. Jennings provides attentive and conscientious assessments, protection plans and mitigation plans for sensitive biological resources including jurisdictional waters, nesting birds, and botanical resources.

Jackson -Willow Infill Development, City of Rialto (2021). The City of Rialto desired to build multi -family affordable housing using funds from the Department of Housing and Urban Development (HUD). This project was to develop a 2- acre parcel with a maximum of 12 -units designated for low-income individuals.

After analyzing all potential environmental effects, we determined that there we no significant impacts and that an Environmental Impacts Statement (EIS) would no be required. We then completed the Findings of No Significant Impacts (FONSI) and the notice of intent to request release of funds (RROF).

Cucamonga Valley Water District, CP20006 Sewer Main (2021). The Cucamonga Valley Water District was starting construction on the CP20006 Sewer Main Project. As part of the approval of the Project, the District needed to conduct a Pre -Construction Nesting Bird Survey to ensure that there are no impacts to nesting birds within the project site or the 200 -foot buffer.

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San Bernardino County Needles Phase 1B Monitoring (2022). This for the replacement of a section of Needles Hwy. Monitoring activities included surveys for Desert tortoise, burrowing owl, desert kit fox, and Arizona Bell's vireo.

Since
Burrowing Owl (BUOW) Survey Experience. Mr. Jennings has been the lead biologist on several protocol level BUOW surveys conducted within Riverside and San Bernardino County. Projects include:
• CDFW BUOW Protocol:
o Old Dominion BUOW Habitat Assessment, Fontana, CA (April 2021)
o Inland Valley Development Agency Specific Plan Amendment, Biological Resources Assessment, Protocol BUOW Surveys and Jurisdictional Delineation.
o San Bernardino County Flood Control Warm Creek Basin, BUOW Protocol Survey.
o Victor Valley Wastewater Reclamation Authority South Apple Valley Interceptor Project — Protocol BUOW Survey.

Nesting Birds Survey Experience. Mr. Jennings has conducted multiple nesting bird surveys within San Bernardino County. Projects include:
• City of Menifee, Paloma Wash Clean Out (2021)
• Beyond Mart Developments, Multiple Locations (2020 and 2021) • Cucamonga Valley Water District, CP 20006 Sewer Pre -Con Survey (2021)
Biological Resource Assessments. Mr. Jennings has participated in multiple biological resources assessments for various large and small projects. Mr. Jennings independent/lead experience, where his primary responsibilities included, completing necessary surveys and report documentation:
• XEBEC Warehouse, Bloomington, CA (June 2022)
• Cedar and Slover Gas Station, Bloomington, CA (January 2021) • Montecito Memorial Park Expansion, Loma Linda, CA (October 2020) • Bubble Hotel Development, Joshua Tree, CA (July 2021) • San Bernardino Municipal Water District, Vincent Well Emergency (January 2021)
• San Bernardino Special Projects, Big Bear Alpine Zoo (June 2016) Jurisdictional Delineations. Mr. Jennings has conducted multiple jurisdictional delineations within southern California. He is very adept at distinguishing jurisdiction in difficult areas and working with the regulatory agencies to obtain their concurrence. Some of the projects include:
• Santa Ana River Levee Protection (2021)
• Holy Fire, Apple Fire, and El Dorado Fire, Emergency Permit (2018 and 2019)
• Big Bear Lake Long Term Maintenance in Big Bear, CA (2017) • Big Bear Zoo Relocation Project in Big Bear Lake, CA (2016) • South Apple Valley Interceptor Project in Apple Valley, CA(2017) • Alta Mesa Wind Farm in Whitewater, CA (2018)
• Badger, Sweetwater, and Devils Canyon Basin Maintenance for San Bernardino Valley Municipal Water District (2018)

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35414 Acacia Ave. (909) 534-4547
Yucaipa, CA 92399 [email protected]
Ink
Exi. ertise
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Plant Ir.ltrntirtcation

GENE JENNINGS
Principal / Regulatory Specialist

Barstow Landfill Phase 1C Expansion, San Bernardino County Solid Waste (2023). Mr. Jennings was the Lead Biologist for the expansion of the Barstow Landfill. There are several different tasks currently underway, including, a Habitat Conservation Plan, Incidental Take Permit, Jurisdictional Waters Mapping, Desert Tortoise Protocol Surveys, Burrowing Owl Protocol Surveys San Bernardino County Needles Phase 1B Monitoring (2022). This for the replacement of a section ofNeedles Hwy. Monitoring activities included surveys for Desert tortoise, burrowing owl, desert kit fox, and Arizona Bell's vireo.

Burrowing Owl (BUOW) Survey Experience. Mr. Jennings has been the lead biologist on several protocol level BUOW surveys conducted within. Riverside and San Bernardino County. Projects include:
• CDFW BUOW Protocol:
o Old Dominion BUOW Habitat Assessment, Fontana, CA (April 2021)

Page 1921 of 2805 ends

{il;t4S
Class
Desert Tortoise rr:i:�inc
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Founder and Principal of
Jennings Environmental,
- i ncc 2020

Page 2 ends

o Inland Valley Development Agency Specific Plan Amendment, Biological Resources Assessment, Protocol BUOW Surveys and Jurisdictional Delineation.
o San Bernardino County Flood Control Warm Creek Basin, BUOW Protocol Survey.
o Victor Valley Wastewater Reclamation Authority South Apple Valley Interceptor Project — Protocol BUOW Survey.

Nesting Birds Survey Experience. Mr. Jennings has conducted multiple nesting bird surveys within San Bernardino County. Projects include:
• City of Menifee, Paloma Wash Clean Out (2021)
• Beyond Mart Developments, Multiple Locations (2020 and 2021) • Cucamonga Valley Water District, CP 20006 Sewer Pre -Con Survey (2021) Biological Resource Assessments. Mr. Jennings has participated in multiple biological resources assessments for various large and small projects. Mr. Jennings independent/lead experience, where his primary responsibilities included, completing necessary surveys and report documentation:
• XEBEC Warehouse, Bloomington, CA (June 2022)
• Cedar and Slover Gas Station, Bloomington, CA (January 2021) • Montecito Memorial Park Expansion, Loma Linda, CA (October 2020) • Bubble Hotel Development, Joshua Tree, CA (July 2021) • San Bernardino Municipal Water District, Vincent Well Emergency (January 2021)
• San Bernardino Special Projects, Big Bear Alpine Zoo (June 2016) Jurisdictional Delineations. Mr. Jennings has conducted multiple jurisdictional delineations within southern California. He is very adept at distinguishing jurisdiction in difficult areas and working with the regulatory agencies to obtain their concurrence. Some of the projects include:
• Approved Aquatic Resources Delineation for Southern California Edison (2023)
• Coachella Valley Compost Facility Expansion for Riverside County Public Wors (2022)
• Santa Ana River Levee Protection for Riverside County Flood Control (2021)
• Holy Fire, Apple Fire, and El Dorado Fire, Emergency Permit for Riverside County Flood Control (2018 and 2019)
• Alta Mesa Wind Farm in Whitewater, CA (2018)
• Lake Arrowhead Long Term Maintenance Agreement for Arrowhead Lake Association (2018)
• Big Bear Lake Long Term Maintenance in Big Bear, CA for Big Bear Municipal Water District (2017)
• Big Bear Zoo Relocation Project in Big Bear Lake, CA for San Bernardino County Special Districts (2016)
• Badger, Sweetwater, and Devils Canyon Basin Maintenance for San Bernardino Valley Municipal Water District (2018)

Page 1922 of 2805 ends

ACOUSTICS
Sound Solutlonsfor Planning and Design
Mike Dickerson Jr., INCE
Mike Dickerson has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. He received his Bachelor of Science degree in Physics, emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE). Motivated by professional growth and opportunity, Mr.

Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012.

Mr. Dickerson's versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to: air/ noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies.

Prior to starting his own consulting firm, Mr. Dickerson worked for Sony Entertainment, Parsons, and RK Engineering. He has successfully completed over 4,200 acoustical/air quality assessment reports for various engineering companies, municipalities and other agencies (both public and private). His strategic project planning and cost effective management solutions enabled him to excel in the field of Acoustics and project management.

In 2011, Mr. Dickerson was asked to present a paper at the Acoustical Society of America Seattle, Washington Conference on his research and work on noise and vibration in Cockpit Door Modules.

MD continues to work closely with many engineering disciplines and provides quality results.

Education
Brigham Young University
B.S., Physics (Acoustics), 2005
Affiliations & Awards
Institute of Noise
Control Engineers (INCE)
Acoustical Society
of America (ASA)
BYU Acoustic Research Group
Association of Environmental
Planners (AEP)
©MI) Acoustics, LLC 1 All Rights Reserved Page 1923 of 2805

Representative Project Experience - continued
Architectural Acoustics Assessment/Design
• Monterrey Park Residential and Hotel Mixed Use
Development, Monterrey Park, CA
• 57 Wheeler Mixed Use Development, Arcadia, CA
• Melrose Triangle Mixed Use Development, West
Hollywood, CA
• Britanna at Oyster Point, South San Francisco, CA
• Marina City Club, Marina Del Rey, CA
•Wells Fargo Corporate Office, Chandler, AZ
• Peoria Sports Complex — Seattle Mariners Lobby,
Peoria, AZ
• Intel Corporation CH5-216/217, Chandler, AZ
• Revolt Studio, Hollywood, CA
• Mammoth Rock and Bowl, Mammoth Lakes, CA
A
• Rubios Restaurant, San Diego, CA
• Americana at Brand, Glendale, CA
• 6300 Hollywood Blvd Retail Space, Hollywood,
CA
• Calvary Church Renovations, Santa Ana, CA
Noise and Vibration Assessment
• Central Metal Incorporated Reclamation Plant
Expansion, Los Angeles, CA
• Sonora Commons — North Gateway Transfer
Station, Phoenix, AZ
• Great Wolf Lodge Development, Garden Grove,
CA
• SuperStar Car Wash All Locations - Corporate
Account
• City of San Marcos Noise Element Update, San
Marcos, CA
Oil and Gas Noise and Vibration Assessment
• La Goleta Storage Field Enhancement, Santa
Barbara County, CA
• Whittier Workman Mill Road Oil Rig Drilling
Operation, Los Angeles County, CA
• La Goleta Storage Compressor Vibration, Santa
Barbara County, CA
• Mills Station Excavation Noise and Vibration,
Ventura, CA
Highway/Airport/Rail Noise and Vibration
• Caltrans Yucaipa Bridge Box Culvert Improvement,
Yucaipa, CA
• Caltrans SR -110 Freeway Expansion, Los Angeles,
CA
• Jackson Hole Airport Noise Contours and Flight
Path Evaluation, Jackson Hole, WY
• Light Rail Transit Exposition Blvd. to Culver Dr, Los Angeles, CA
Telecommunications
• T -Mobile Telecommunication Tower, Calabasas,
CA
• T -Mobile Telecommunication Tower, Malibu, CA
• Verizon Wireless Telecommunication Tower, Santa
Clarita, CA
Construction Noise and Vibration
• La Goleta Storage Field Enhancement. (1-yr
construction monitoring), Santa Barbara County,
CA
• Westin Bonaventura Hotel, Los Angeles, CA
• Railroad Canyon Road Expansion, Riverside, CA
Industrial Noise and Vibration Assessment
• Intel Corporation — Noise Evaluations
• Hexcel Corporation Dust Collector Noise &
Vibration, Casa Grande, AZ
• ABB Inverter Operation Noise and Vibration,
Tempe, AZ
• Pacific Scientific Shaker Room, Chandler, AZ
Air Quality & Greenhouse Gas Assessment
• KPC. Mixed Use Development, San Jacinto, CA.
• TTM 36627 Residential Development, Hemet, CA
• Smart and Final, Highland, CA
• Bellflower Multi -family Development, Bellflower,
CA
• Golden Gate National Park Recreation Area, San
Mateo, CA
Industrial Noise and Vibration Assessment
• Intel Corporation — Noise Evaluations
• Hexcel Corporation Dust Collector Noise &
Vibration, Casa .Grande, AZ
• ABB Inverter Operation Noise and Vibration,
Tempe, AZ
• Pacific Scientific Shaker Room, Chandler, AZ
©MD Acoustics, LLC 1 All Rights Reserved Page 1924 of 2805 2 ACOUSTICS
Tyler Klassen, EIT
Tyler Klassen graduated Magna Cum Laude in Chemical Engineering from Arizona State University in 2019. Since then, he worked one year as an Air Quality Specialist at SWCA Environmental Consultants where he completed air quality analyses in fields including the oil and gas industry and solar and wind power. He also worked one summer for the Maricopa County Air Quality Department as an Air Quality Inspector, performing site visits to ensure ciir quality permit holders were in compliance with County rules and regulations.

As an Air Quality Specialist with MD Acoustics, Mr. Klassen has written studies analyzing air quality, greenhouse gas, and energy usage for projects including housing developments, fueling stations, and storage facilities, using CalEEMod to model emissions. He has also written health risk assessments analyzing road and gas station impacts utilizing AERMOD and contributed air quality, greenhouse gas, and energy analyses to city general plans.

Education
Arizona State University
B.S., Chemical Engineering, 2019
Relevant Work Experience
• Air Quality and Greenhouse Gas Impact
Studies
• Energy Analyses
• Health Risk Assessments
• CalEEMod Modeling
• AERMOD Modeling
• City General Plans
• Air Quality Permitting
• Emission Inventories
• Field Work and Evaluations
Certifications
Engineer -in -Training
Arizona State Board of Technical Registration
Representative Project Experience
• Maverick Fueling Station, Desert Hot Springs, CA
• Crossings at Palm Desert, Palm Desert, CA
• City of San Jacinto 2040 General Plan Update, San Jacinto, CA • Antelope Valley — East Kern Water Agency High Desert Water Bank, Kern County, CA
• Life Bible Church, Upland, CA
• Paradise Ranch, Chino Hills, CA
• Santiago Estates, Los Angeles, CA
• Date Street Storage, Murrieta, CA
• Rove Corona Project, Corona, CA
• Plan D Properties Cultivation Facility, Desert Hot Springs, CA • Red Bluff Apartments, Red Bluff, CA
• Berendo Street Multifamily Development, Los Angeles, CA • Fire Station 226, San Bernardino, CA
• 1845 Oak Road Residential Development, Simi Valley, CA • Chula Vista Center, Chula Vista, CA
Go Back to Meet the Team 1'
MD Acoustics, LLC I All Rights Reserved Page 1925 of 2805

BAI 'TOM' TANG, M.A.

CRM TECH
Principal Investigator/Historian/Architectural Historian Education
1988-1993 Graduate Program in Public History/Historic Preservation, University of California, Riverside.
1987 M.A., American History, Yale University, New Haven, Connecticut. 1982 B.A., History, Northwestern University, Xi'an, China. 2000 "Introduction to Section 106 Review," presented by the Advisory Council on Historic Preservation and the University of Nevada, Reno.
1994 "Assessing the Significance of Historic Archaeological Sites," presented by the Historic Preservation Program, University of Nevada, Reno.

Professional Experience
2002- Principal Investigator, CRM TECH, Riverside/Colton, California. 1993-2002 Project Historian/Architectural Historian, CRM TECH, Riverside, California. 1993-1997 Project Historian, Greenwood and Associates, Pacific Palisades, California. 1991-1993 Project Historian, Archaeological Research Unit, University of California, Riverside. 1990 Intern Researcher, California State Office of Historic Preservation, Sacramento. 1990-1992 Teaching Assistant, History of Modern World, University of California, Riverside. 1988-1993 Research Assistant, American Social History, University of California, Riverside. 1985-1988 Research Assistant, Modern Chinese History, Yale University. 1985-1986 Teaching Assistant, Modern Chinese History, Yale University. 1982-1985 Lecturer, History, Xi'an Foreign Languages Institute, Xi'an, China.

Cultural Resources Management Reports
Preliminary Analyses and Recommendations Regarding California's Cultural Resources Inventory System (with Special Reference to Condition 14 of NPS 1990 Program Review Report). California State Office of Historic Preservation working paper, Sacramento, September 1990.

Numerous cultural resources management reports with the Archaeological Research Unit, Greenwood and Associates, and CRM TECH, since October 1991.

Page 1926 of 2805 ends

MICHAEL HOGAN, PH.D., RPA*

CRM TECH
Principal Investigator/Archaeologist
Education
1991 Ph.D., Anthropology, University of California, Riverside. 1981 B.S., Anthropology, University of California, Riverside; with honors. 2021 "An Introduction to Geoarchaeology: How Understanding Basic Soils, Sediments, and Landforms can make you a Better Archaeologist." SAA Online Seminar. 2002 "Section 106 —National Historic Preservation Act: Federal Law at the Local Level," UCLA Extension Course #888.
2002 "Recognizing Historic Artifacts," workshop presented by Richard Norwood, Historical Archaeologist.
2002 "Wending Your Way through the Regulatory Maze," symposium presented by the Association of Environmental Professionals.
1992 "Southern California Ceramics Workshop," presented by Jerry Schaefer. 1992 "Historic Artifact Workshop," presented by Anne Duffield -Stoll.

Registrations
*Registered Professional Archaeologist 41781498
Professional Experience
2002- Principal Investigator, CRM TECH, Riverside/Colton, California. 1999-2002 Project Archaeologist/Field Director, CRM TECH, Riverside. 1996-1998 Project Director and Ethnographer, Statistical Research, Inc., Redlands. 1992-1998 Assistant Research Anthropologist, University of California, Riverside 1992-1995 Project Director, Archaeological Research Unit, U.C. Riverside. 1991-1992 Crew Chief, Archaeological Research Unit, U.C. Riverside. 1984-1998 Project Director, Field Director, Crew Chief, and Archaeological Technician for various southern California cultural resources management firms.

Research Interests
Cultural Resource Management, Southern Californian Archaeology, Settlement and Exchange Patterns, Specialization and Stratification, Culture Change, Native American Culture, Cultural Diversity.

Cultural Resources Management Reports
Principal investigator for, author or co-author of, and contributor to numerous cultural resources management study reports since 1986.

Memberships
Society for American Archaeology; Society for California Archaeology; Pacific Coast Archaeological Society; Coachella Valley Archaeological Society.

Page 1927 of 2805 ends

RON SCHMIDTLING, M.S.

CRM TECH
Principal Paleontologist
Education
1995 University of California, Los Angeles - Master of Science - Geology Fellowship for graduate work in Paleontology.
1991 Pasadena City College, Pasadena
Award for Superior Achievement in Geology.
1985 University of Southern Mississippi, Hattiesburg, Mississippi - Bachelor of Arts Design Studies in Archaeology, Paleontology, Ancient Folklore, and Art History.

Professional Experience:
2020 - Principal Paleontologist, CRM TECH, Colton, California 2014 - Columbia College Hollywood, Reseda, California
Instructor of Earth Science, History of Life, Ecology, Evolutionary Biology. 2013, 2015 Natural History Museum, Los Angeles County, California Volunteer, southern Utah, excavation of a camarasaur and a diplodocid. 1993-2014 Getty Conservation Institute, Brentwood, California Geological Consultant on the Renaissance Bronze Project, characterizing constituents of bronze core material.

Paleontological Consultant for Antiquities/Conservation, identifying the foraminifera and mineral constituents of a limestone torso of Aphrodite.

Scientific Consultant on the Brentwood site Building Project, testing building materials for their suitability in the museum galleries.
1999-2001 Michael Brandman Associates, Irvine, California Paleontology site monitor at the Hollywood Reservoir, identifying and salvaging Miocene fossils.

Archaeology and paleontology site monitor at archaic Indian site 624 in Thousand Oaks- preserving native American site and salvaging Paleocene, Eocene, and Miocene fossils.
1997 UCLA Department of Archaeology, Los Angeles, California. 1994 UCLA Department of Earth and Space Sciences, Los Angeles, California Scientific Illustrator- microstructure of gastropods and blastoid hydrospires.

Graduate teaching assistant for undergraduate seismology course. 1994 UCLA Department of Biological Sciences, Los Angeles, California Graduate teaching assistant for undergraduate biology course.

Associations
AAPS (Association of Applied Paleontological Sciences), USA; CSEOL- Center for the Study of Evolution and the Origin of Life (UCLA department of Earth Sciences) Publications and Reports
Author, co-author, and contributor on numerous paleontological publications and paleontological resource management reports.
cue TEM

Page 1928 of 2805 ends

DANIEL BALLESTER, M.S., RPA*

CRM TECH
Field Director/Project Archaeologist/GIS Specialist
Education
2013 M.S., Geographic Information System (GIS), University of Redlands, California. 2007 Certificate in Geographic Information Systems (GIS), California State University, San Bernardino.
1998 B.A., Anthropology, California State University, San Bernardino. 1997 Archaeological Field School, University of Las Vegas and UC, Riverside. 1994 University of Puerto Rico, Rio Piedras, Puerto Rico. 2021 "An Introduction to Geoarchaeology: How Understanding Basic Soils, Sediments, and Landforms can make you a Better Archaeologist." SAA Online Seminar. 2002 "Historic Archaeology Workshop," presented by Richard Norwood, Base Archaeologist, Edwards Air Force Base; presented at CRM TECH, Riverside, California.

Registrations
*Registered Professional Archaeologist 18037
Professional Experience
2002- Field Director/GIS Specialist, CRM TECH, Riverside/Colton, California. • Report writing, site record preparation, and supervisory responsibilities over all aspects of fieldwork and field crew. Manages and updates CRM TECH's GIS database, produces maps and extracts data using GIS. Manages field crews for field surveys, testing and data recovery projects. Oversees work to ensure correct procedures.
2011-2012 GIS Specialist, Caltrans District 8 Project, Garcia and Associates, San Anselmo, CA. 2009-2010 Field Crew Chief, Garcia and Associates, San Anselmo, California. 2009-2010 Field Crew, ECorp, Redlands.
1999-2002 Project Archaeologist, CRM TECH, Riverside, California. 1998-1999 Field Crew, K.E.A. Environmental, San Diego, California. 1998 Field Crew, A.S.M. Affiliates, Encinitas, California. 1998 Field Crew, Archaeological Research Unit, University of California, Riverside.

Cultural Resources Management Reports
Field Director, co-author, and contributor to numerous cultural management reports since 2002.

Page 1929 of 2805 ends

EDUCATION
B.S. (Civil Engineering) 1995

REGISTRATION
Professional Civil Engineer
(CA) C69467
Professional Civil Engineer
(VA) 33614
Professional Traffic
Engineer (CA) TR2565

ADDITIONAL SKILLS
Contract Management
Project Management
iii6MAS J. W H EAT1, [=
Principal-in-Charge/Owner
, T.E.

CAREER SUMMARY
Mr. Thomas J. Wheat, P.E., T.E., is the owner and Principal of TJW. He has been involved in the traffic engineering profession for over twenty-six years managing and designing traffic engineering and transportation planning related projects for both the public and private sectors. His versatile experience includes a wide variety of design and construction projects, and traffic engineering studies. This includes, traffic signals, traffic control, signing and striping, signal timing, ITS, traffic impact studies, warrant analyses and traffic safety studies. Acting as an extension of staff, Mr. Wheat has represented agencies and cities at City Council meetings, Planning Commissions, Public Works Committees, and public outreach meetings. With expertise in traffic engineering, Mr. Wheat has also provided plan check services to the cities of Canyon Lake, Perris, and San Jacinto in Riverside County as well as to the Public Works Department of Orange County.

Leading the TJW team, TJW has had the opportunity to design miles of signing and striping plans and traffic control plans and over 45 traffic signalized intersections and roundabouts within the Orange County Great Park and Neighborhoods in the City of Irvine since 2012. Along with the design, TJW analyzed the capacity and efficiency of roundabouts surrounding Great Park's sports park. In addition to design work, Mr.

Wheat has also prepared a variety of traffic engineering studies including traffic impact studies, trip generation studies, parking studies, safety studies, and warrant analyses, to name a few, for various clients and agencies throughout Southern California as well as for public agencies on the East Coast.

Mr. Wheat also has substantial experience in the operations side of traffic signals where he has created timing plans for individual signalized intersections as well as signal systems by using modeling programs, such as Synchro and SimTraffic. He has had the opportunity to adjust and implement timing plans into individual field controllers along with a city's centralized signal system computer.

RELEVANT EXPERIENCE
• Citywide Traffic Signal Upgrades, Lake Forest, CA
• Great Park Neighborhood Traffic Engineering Design, Irvine, CA • Willow Lane and Manzanita Lane Pedestrian Signal Warrant Review and Pedestrian Beacon Design, Thousand Oaks, CA
• Eucalyptus Ave. and Auto Mall Dr. HAWK Signal Design, Moreno Valley, CA • US -395 and SR -18 (Palmdale Road) Traffic Analysis and Off -Site Design, Victorville, CA
2

Page 1930 of 2805 ends

EDUCATION
B.S. (Civil Engineering) 2006

REGISTRATION
Professional Civil Engineer (C4)
C83175
Professional Traffic Engineer
(CA) TR2684

ADDITIONAL SKILLS
APWA PWI Certified Manager
Agency Coordination

EDUCATION
M.U.P (Masters of Urban
Planning) 2013
B.A. (Environmental Analysis
and Design) 2008

REGISTRATION
Professional Transportation
Planner (PTP) #617

ADDITIONAL SKILLS
Traffic/Transit Analysis
Microsimulation
Travel Demand Modeling
GENE [<CM, Poi., T.E.

Principal Engineer

CAREER SUMMARY
Mr. Gene Kim, P.E., T.E. is a licensed Civil and Traffic Engineer in the State of California with over 16 years of traffic engineering experience in both private and public agencies. Most recently, he served a 7 -year tenure as a public agency City Traffic Engineer where he was involved in various aspects of the traffic engineering field including municipal and community engineering and outreach, engineering design/ analysis, consultant staff oversight, CIP project management, traffic engineering and transportation planning plan check and study reviews, and administrative involvement in the Public Works Commission and City Council. He also has design -build experience (MOT design and traffic analysis lead) that he gained while working on the SR -91 Corridor Improvement Design Build project.

RELEVANT EXPERIENCE
• Public Agency City Traffic Engineer
• SR -91 Corridor Improvement Design -Build MOT Lead and Coordination, • California High Speed Rail (CAHSR) Project
• Camp Pendleton Basewide Traffic Safety and Operations Analysis

DAVID CHEW, PTP
Transportation Planning Manager

CAREER SUMMARY
Mr. David Chew is a Professional Transportation Planner with over 10 years of experience in transportation planning and traffic engineering in both the public and private sectors. He is an experienced project manager, responsible for the successful completion and review of numerous projects ranging from traffic and parking studies to regional multi -modal transportation studies. Mr. Chew has a broad background of professional experience including traffic analysis, site access/circulation, parking studies, parking demand management, corridor studies, active transportation, and transit planning. As a transportation professional, Mr. Chew is current on CEQA and NEPA documentation including VMT legislation.

RELEVANT EXPERIENCE
• Bear Valley Marketplace Traffic Analysis, Victorville, CA • Laguna Niguel Gateway Specific Plan 5 -Year Review, Laguna Niguel, CA • Downtown Redlands 3`d Street Retail, Redlands, CA
• Holly Street & US -101 Interchange Operations Analysis, San Carlos, CA • Coast Highway Corridor Study, Oceanside, CA
3

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Kevin B. Colson, CEG, PG

EDUCATION
M.S., Geological Sciences, San Diego State University, San Diego, California, 1996 B.S., Geological Sciences, San Francisco State University, San Francisco, California, 1993

PROFESSIONAL REGISTRATIONS/CERTIFICATIONS
California, Certified Engineering Geologist, CEG 2210
California, Professional Geologist, PG 7119

PROFESSIONAL SUMMARY
As a Vice President of and Director of Geology for LGC Geotechnical, Mr. Colson has over 27 years of experience in the geotechnical industry in Southern California. He has been involved in numerous projects in Southern California including:
residential, commercial, retail, transportation, and public works. Mr. Colson's expertise includes: fault investigations; landslide mitigations and slope stabilizations (by both mechanical and earthen stabilization methods); hillside grading; flat land grading; hard rock rippability studies; liquefaction studies; distress evaluations; and reviews. Mr. Colson has been the lead on several of our most complex projects including: design and construction of a major landslide stabilization with tiebacks and grade beams beneath occupied multi -storied residential structures; slope stabilizations via nail and tieback walls below active roadways; design of earthen stabilizations for several hundred -foot -high slopes; fault trench investigations of active and potentially active faults; and mitigation of unstable rock slopes. Mr. Colson, his wife and three children reside in San Clemente

SELECTED PROJECT EXPERIENCE
Project geologist for the approximately 440 -acre Santiago Hills II development for the Irvine Community Development Company in the City of Orange, California. The project will ultimately include over 17 million cubic yards of grading to be performed over an approximately span of 2 -years. The site presents several complicated geotechnical issues to consider including:
microtunneling for realignment of a 54 -inch water line beneath the active lanes of Chapman Avenue; installation of new storm drain lines via "jack and bore" methods beneath the active lanes of State Route 241/261; grading with the Caltrans right-of-way directly adjacent to active lanes of State Route 241/261; proposed over -steepened slopes; deep saturated alluvium; numerous faults; slope stability issues; landslides; dense volcanic rock; very highly expansive soils; and shallow ground water. Mr. Colson and his LGC team have successfully addressed these issues on an extremely tight time frame and were essential in getting the project approved for development through city, county and state jurisdictions. Particular LGC contributions to the success of the project, included: design of an extensive wick drain ground improvement system for areas of deep saturated alluvium; design for geogrid reinforcement for 60 -foot -high 1.5:1 fill slope for bridge abutment; and design of landslide remediation and slope stabilizations for the project slopes. Project Geologist for the Coventry Court Senior Apartments in Tustin, California. The project included grading and construction for ten three-story, twenty -four -unit senior residential housing structures, two clubhouse/pool structures and associated utilities, roadways, parking and improvements. Project geologist for Laguna Beach Sewer Interceptor Tunnel rehabilitation, Laguna Beach, California. The project included geologic mapping and evaluation of approximately two miles of coastal bluff along the tunnel alignment. Mapping was performed both within the unlined portions of the existing tunnel and adits along the bluff face.

PROFESSIONAL HISTORY
July 2010 -Present:

January 2006 -July 2010:
2002-2006:
2001-2002:
1998-2001:

Vice President, LGC Geotechnical, Inc., San Clemente, California Vice President, Lawson & Associates Geotechnical Consulting, Inc., San Clemente, California
Associate Geologist, Lawson & Associates Geotechnical Consulting, Inc., San Clemente, California
Project Geologist, Lawson & Associates Geotechnical Consulting, Inc., San Clemente, California
Project Geologist, Staff Geologist, and Technical Illustrator, Leighton and Associates, Inc., San Diego, California

Page 1932 of 2805 ends

ROUX

CONTACT INFORMATION
Main: (310) 879-4900
Direct: (805) 849-9338
Email: [email protected]
Website: www.rouxinc.com
5150 East Pacific Coast Highway
Suite 450
Long Beach, CA 90804

EDUCATION
BS, Environmental Geology,
University of California, Santa
Cruz

PROFESSIONAL TRAININGS
OSHA40-Hour HAZWOPER
8 -hour OSHA Annual
Refreshers
Certified SCAQMD Rule 1166,
403 Training

PROFESSIONAL PROFILE
Kasia Anderson
Project Geologist

EXPERIENCE SUMMARY
Project Geologist, Roux Associates, Inc., June 2023 - Present.

Project Geologist, Senior Staff Geologist, Staff Geologist, Ardent Environmental Group, Inc., January 2015 -July 2017 and July 2020 - June 2023
Environmental Scientist, Alpha Environmental, July 2013 - December 2014

TECHNICAL SPECIALTIES
Provide comprehensive phase I/II environmental site assessments and investigations examining potential impacts on soil, soil vapor, and groundwater. Other areas of focus include litigation support including advanced data analysis, agency file reviews, and report writing. Facilitating the design, coordination and implementation of remediation and mitigation measures at small- and large-scale projects.

REPRESENTATIVE PROJECTS
Directing and overseeing construction and drilling activities for monitoring, assessment, sampling, and remediation purposes.

Monitoring construction activities for volatile organic compounds (VOCs) and toxic air contaminants in dust in accordance with South Coast Air Quality Management District Rules (SCAQMD)1166,1403, 403, and 1146.

Completing investigation, characterization, and remediation activities associated with on- site and off -site chemical releases under the direction and oversight of regulatory agencies. • Project management of subsurface investigations and remediation activities including proposal preparation, development of technical scopes of work, budget planning, obtaining permits, contractor oversight and coordination, data interpretation, and invoicing. • Experience includes Phase II subsurface investigations, groundwater sampling and monitoring, soil sampling, groundwater well abandonment, UST removal, and soil vapor sampling.
• Completed over100 Phase I Environmental Site Assessments (ESAs) of industrial, commercial, residential, agricultural, and undeveloped properties throughout California. • Executing various drilling techniques utilizing hand auger, direct push, and hollow -stem auger drilling equipment for the installation/destruction of monitoring wells, and the collection of groundwater, soil, and soil vapor samples.
• Soil logging using the Unified Soil Classification System. • Permanent and temporary monitoring well construction. • Reviewing construction plans, building records, historical photographs, and maps for locating utilities and potential environmental concern.
• Coordinate agency permitting and regulations, multiple subcontractors (geophysical, driller, laboratories, etc..), site personnel, and internal and client communication to ensure projects progress smoothly and any obstacles or delays are minimized and conveyed to clients as early as possible.

Page 1933 of 2805 ends

ROUX

CONTACT INFORMATION
Main: (310) 879-4900
Direct: (310) 879-4920
Email: mescoban6 rouxinc.com
Website: www.rouxinc.com
5150 East Pacific Coast Highway
Suite 450
Long Beach, CA 90804

EDUCATION
Bachelor of Arts, Earth Science,
1995, University of California,
Berkeley
OSHA 40 -Hour Hazardous. Waste
Operations and. Emergency
Response (HAZWOPER)
Certified
Research Assistant to UC
Berkeley Ph.D. Candidate
Dawnika L. Blatterand
Professor Ian S. E. Carmichael
in Study of Continental
Crustal Deformation from
Subduction of the Cocos
Plate in Western Mexico and
Study of Upper Mantle
Petrology in Central Mexico,
January to April 1996

PROFESSIONAL LICENSES
Professional Geologist, State of
California, No. 07506

PROFESSIONAL PROFILE
Mauricio H. Escobar, PG
Vice President 1 Principal Geologist

EXPERIENCE SUMMARY
21 years of consulting experience: Principal Geologist with Roux Associates (2011 to Present); Senior Manager, Manager, and Senior Associate with ENVIRON International Corporation (2004 to 2011); Project Geologist with URS Corporation (2001 to 2004); Geologist with Hart Crowser (1998 to 2001).

TECHNICAL SPECIALTIES
Professional Geologist with over twenty years of experience designing, managing, and implementing environmental soil and groundwater investigations and remediation strategies for public and private clients. Experience as in-house consultant assisting with management of a $25MM yearly remediation portfolio for a Fortune 100 Company. Practice developing and implementing high-level strategies that consider legal and regulatory issues, communications and government relations, as well as technical challenges and costs. Significant assignments representing clients during Working Group meetings for Superfund sites and participation in technical committee meetings. Expertise in design and field implementation of in -situ chemical oxidation (ISCO) in hard rock and porous media - flow aquifers.

Substantial experience evaluating and remediating industrial, commercial and residential sites impacted with numerous contaminants in multiple media, including crude oil, fuels, volatile organic compounds, chromium VI, 1,4-dioxane, and PCBs. Extensive experience managing implementation of remediation programs that utilize and consider multiple technologies including soil vapor extraction, dual phase extraction, traditional pump and treat, in -well stripping, air sparging, chemical oxidation and reduction, thermal treatment, and natural attenuation. Experience managing large-scale remedial excavations involving the use of heavy earth moving equipment.

Significant field experience using numerous drilling, soil sampling, groundwater sampling, and soil vapor sampling techniques.

CONTINUING EDUCATION
• Compounds of Emerging Concern in Groundwater, California Groundwater Resources Association, Concord, California, February 2012
• The Remediation Course, Princeton Groundwater, Las Vegas, Nevada, April 2010 • Vapor Intrusion Pathway: A Practical Guideline, Interstate Technology and Regulatory Council (ITRC) in conjunction with the California Department of Toxic Substances (DTSC) and California Water Boards, Long Beach, California, June 2009 • The Groundwater Pollution and Hydrology Course, Princeton Groundwater, Orlando, Florida, February 2007
• HydrogeologicAnalysis of Fractured Bedrock Systems, Midwest GeoSciences Group, University of Nevada Las Vegas and Nevada Test Site at Yucca Mountain, March 2006

REPRESENTATIVE PROJECTS
• PRP Representation of Fortune 100 Company, Omega Chemical Superfund Site, Whittier, California. Provide ongoing technical consulting to a Fortune 100 Company and major PRP at the Omega Chemical Superfund Site in Whittier, California. Active participant of the Omega PRP Group (OPOG) Technical Committee. Attend all pertinent technical meetings and provide Client with technical and strategic input that protects their best interests. Maintain constant interaction with the legal and finance teams as necessary to ensure the technical and legal strategies are in agreement and that adequate funding is reserved well in advance of regulatory commitments and OPOG cash calls. Pertinent technical issues include soil gas and vapor intrusion, and a regional groundwater plume. Regulatory oversight is provided by USEPA Region IX.

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ROUX Mauricia H.
• PRP Representation of Fortune 100 Company, BKK
Corporation Class! Landfill Organized Group, West Covina, California. Provide ongoing technical consulting to a Fortune 100 Company at the former BKK Corporation Class I Landfill site in West Covina, California. Participant in the BKK Technical Committee and attendant of pertinent technical meetings.

Maintain constant communication with the Client's legal and finance teams and responsible for informing Client on the direction the Organized Group is headed. Responsible for identifying financial commitments made as part of technical decisions. Trusted with voicing opinions, concerns, and/or offering direction to the Group (if and when necessary), to ensure the Organized Group's direction is consistent with the Client's strategy. Pertinent technical issues include upgrades to the landfill infrastructure and groundwater remedial
investigations in and around the landfill prism. Regulatory oversight is provided by the Department of Toxic Substances Control.
• Portfolio Project Control - Fortune 100 Company, Torrance, California. Three years of experience working as a full-time in- house consultant for a Fortune 100 Company assisting with management of all aspects of a complex multi -site portfolio.

General role included communication with alliance partners, vendors, corporate finance, attorneys, public
relations/communications, and procurement to track and
facilitate progress of 9 major projects ($400,000 to $1 MM/year) and 3 mega projects ($3MM to $10MM+/year) that were unique in nature and complexity. Portfolio included former chemical sites, landfills, aerospace facilities, and other heavy use industrial facilities that were undergoing State and RCRA closure, as well as sites under CERCLA Superfund actions with PRP commitments. Charged with helping to develop, evaluate, and refine remedial strategies and lifecycle costs for sites that utilized various cleanup technologies such as application of oxidants and reducing agents, thermal oxidation, groundwater pump and treat, dual -phase and 2 -PHASE'" extraction, soil vapor extraction, airsparging, and in -well air stripping. Major role included verifying adequate funding and maintaining documentation consistent with Sarbanes Oxley.
• Strategy Expert Consulting - Fortune 100 Company, Los Angeles, California. Ongoing third -party technical and strategic support to a Fortune 100 company for a major project involving former bulk storage and distribution facilities converted to open public space and residential uses. Site is undergoing remedial investigations and remedial alternatives evaluations under heavy regulatory and public scrutiny.

Charged with providing opinions and recommendations as to the direction the current consultant and the regulatory agencies want to take the project and evaluating the
conceptual site model and long term technical strategy. Active participant on technical team calls and ongoing direct
communications with internal legal team.
• Shipyard Decommissioning- Subsurface Assessment,
Remedial Investigation, Demolition and Closure, Campbell Shipyard - Marco, Port of San Diego, California. Lead
geologist in the preparation of a comprehensive subsurface study of the former Campbell Shipyard property at the Port of San Diego, California. Over 200 borings were necessary to delineate the extent of impacted soils. Relevant environmental issues included a former coal works gasification plant
immediately adjacent to the Site, a 2 to 4 -foot thick lens of polynuclear aromatic hydrocarbon (PAH) laden sediment
present throughout the Site below the water table, a former on - site diesel and kerosene tank farm, and numerous leaking fuel USTs. Responsibilities also included management of shipyard abandonment activities, such as abatement of asbestos and lead -based paint containing materials, demolition of on -site structures, crushing of asphalt and concrete into Class II base, and a comprehensive geophysical survey to locate all on -site utilities and buried structures. The work was performed under the regulatory oversight of the San Diego Regional Water Quality Control Board and the San Diego Unified Port District.

Total cost of the work was approximately $1.3MM,
implemented over a 15 -month period.
• Neutral Third -Party Oversight of Remediation Work, ITT Corporation and Home Depot, Glendale, California. Provided third party oversight for a site undergoing major remediation of VOCs and chromium VI in soils and groundwater. The site was a former electronics manufacturing facility redeveloped as a major box retailer in Glendale, California. Services were provided on behalf of the former facility owners/operators and the current property owners, both of whom had differing interests and views on the remedial work being performed.

Viewed all fieldwork and construction of remediation systems and attended quarterly meetings with consultants, attorneys, and clients to gauge progress, discuss ongoing work, and evaluate projected schedules for completion of remediation.

Technical challenges to remediation included dewatering of 20 - foot thick perched zone impacted with VOC contamination, despite a leaking slurry wall originally designed to prevent onsite migration from upgradient sources.
• ISCO Demonstration Plan Using Permanganate, Wyle
Laboratories, Riverside County, California. Designed,
managed, and implemented an ISCO Demonstration Plan using sodium permanganate injection at a former industrial
manufacturing facility in Southern California. Main goals of the application were to demonstrate effective oxidation of
trichloroethene (TCE) in alluvium and fractured granitic bedrock, evaluate potential mobilization of naturally occurring reduced metals, and evaluate the potential application of ISCO www.rouxinc.com

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AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 2nd day of April 2024, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Jennings Environmental, LLC, a California Corporation, whose address is 35414 Acacia Avenue, Yucaipa, CA 92399 ("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 professional environmental consulting services for the preparation and submission of the Draft and Final Environmental Document and obtain the required regulatory permits; 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: Professional Environmental Consulting Services per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.

CONTRACTOR designates Eugene Jennings 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.

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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 One Hundred Twenty -Four Thousand, Eight Hundred and Two Dollars and 00/100 ($124,802.00).

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

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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 CalPERS 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

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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 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

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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.

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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

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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, CalPERS, 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.

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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

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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 JENNINGS ENVIRONMENTAL, LLC
By: By:

David Fenn, Mayor
ATTEST:

By:

Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:

By:

John O. Pinkney, City Attorney
9 Print Name: E,-k-9e.r-e. rvtn55
Title: ?CI r•o:ems

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EXHIBIT "A"

PROPOSAL
(insert behind this page)

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EXHIBIT "B"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)

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A�� ® CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
3/21/2024
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
Purely Insurance Solutions
PO Box 4142
Tustin CA 92781

CONTACT
NAME: Support Team
FAX
(A/CNNo, Ext): (949) 215-5431 (A/C, No):

A RL
PportC�
ADDDRESS: su breathe.insure

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : STILLWATER INSURANCE COMPANY
25180

INSURED
Jennings Environmental, LLC
35414 Acacia Ave
YUCAIPA CA 92399
INSURER B : CALIFORNIA AUTOMOBILE INS CO
38342
INSURER C : LLOYDS OF LONDON
A1122
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 NSURANCE 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
AUUL
INSD
SUM<
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
Y
BP1000683
02/19/2024
02/19/2025

EACH OCCURRENCE
$ 2,000,000

CLAIMS -MADE X OCCUR
PREMISES (Ea occurrence)
$
MED EXP (Any one person)
$
7 PERSONAL & ADV INJURY
$
GEN'L
AGGREGATE LIMIT APPLIES PER:

PRO -
POLICY ❑ ECT LOC
OTHER:

GENERAL AGGREGATE
$ 4,000,000

PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B

AUTOMOBILE
X
-
-

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
-
-
-

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
BA040000062100
09/29/2023
09/29/2024

COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

P'ROP'ER I Y DAMAGE
(Per accident)
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
C
Errors and Omissions
MPL435089324
01/01/2024
01/01/2025
GC
General Aggregate
1,000,000
2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) "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
N lam Le,
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD nanfPal ot@)48 resiig rnarks of ACORD

BUSINESSOWNERS
SB04360117
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ CAREFULLY.

BLANKET ADDITIONAL INSURED

AND BLANKET INSURANCE SUBROGATION WAIVER
This endorsement modifies insurance provided under your BUSINESSOWNERS COVERAGE FORM Section II — Liability is amended as follows:

The following is added to Paragraph C. Who Is An Insured:

Any person or organization in a written agreement with you requiring indemnification is an additional insured on your policy with regard to their respective business interest. However, coverage applies only to liability due to "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or part, by your acts or those performing operations on your behalf, or in connection with your franchise, equipment, or part of premises used by you and listed in your declarations, or, if a vendor, likewise when liability arises from "your product" as distributed or sold in the vendor's regular course of business. Coverage does not apply to liability resulting from the additional insured's sole negligence. And there is no coverage for structural alterations, new construction, and demolition steps performed by or on behalf of additional insureds.

Insurance coverage afforded, limits, and the most we will pay on behalf of additional insureds is:

1. Only up to the extent permitted by law;

2. Not broader than your agreement with the additional insured; and,

3. Available under applicable limits of insurance shown in declarations; or whichever is less.

However, insurance afforded to vendors does not apply to:

1. Any express warranty unauthorized by you;

2. Any product physical or chemical change made intentionally by the vendor;

3. Demonstration, installation, service or repair, except on vendor's premises for your product's sale;

4. Package or label changes, use as a container, a part, or ingredient of another thing by the vendor; or,

5. Those who supply products, ingredients, or part of containers, in or affecting your products.

In addition, agreements with additional insureds must be effective during the policy term; and, must be executed prior to "bodily injury", "property damage", or "personal and advertising injury". A person's or organization's status as an additional insured under this endorsement ends when your ongoing operations, occupancy or lease with that additional insured is complete.

Section 111 — Common Policy Conditions is amended as follows:

A. The following is added to Paragraph A. Cancellation 2. and supersedes any provision to the contrary:

Additional insureds listed in declarations will be informed of coverage changes and given written notice at least:

1. 10 days before cancellation effective date if we cancel for premium nonpayment; or,

2. 30 days before cancellation effective date if we cancel for any other reason; and,

3. 30 days before expiration if we elect not to renew this policy.

B. The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary:

Primary And Noncontributory Insurance (Blanket Insurance Subrogation Waiver) This insurance is primary to, and will not seek contribution from, other insurance available to an additional insured provided:

1. The additional insured is a named insured under such other insurance; and,

2. You have a written agreement stating your insurance would be primary and would not seek contribution from other insurance available to the additional insured.

SB 04 36 01 17 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc. with its permission

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35414 Acacia Ave.

Yucaipa, CA 92399
(909) 534-4547
www.jennings-environmental.com
JE
�PIV1it Jf1 PITA!
March 21, 2024
City of Beaumont
Attn: Raveena Chara
550 E. 6th Street
Beaumont, Ca 92223
RE: Worker's Compensation Status for Jennings Environmental, LLC City of Beaumont,
Thank you for choosing Jennings Environmental, LLC to assist you in the preparation of your technical environmental documentation. As of the date of this letter, Jennings Environmental, LLC does not have any employees. As such, we are exempt from carrying any Worker's Compensation Policy as stated under California Labor Code, Division 4, Part 1, Chapter 2, Section 3352. Thank you again for choosing Jennings Environmental, LLC and please let me know if you need any further documentation.

Sincerely,
Eugene Jennings
Principal/Regulatory Specialist
Jennings Environmental, LLC Page 11

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BEAUMONTA C A L I F O R N I
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 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:
https://www.beaumontca.gov/29/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 on behalf of you or your company, 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):

2. Do you or your company, or any agency on behalf of you or your company, 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? DYES 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.

April 29, 2024
Date
Signature of authorized individual
Jennings Environmental, LLC
Company/Applicant Name
City of Beaumont 1 550 E. 6th Street, Beaumont, CA 92223 1 (951) 769-8520 1 BeaumontCA.gov

Page 1951 of 2805 ends

BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE May 7, 2024
SUBJECT: Award a Public Works Agreement to CT&T Concrete Paving, Inc. for Construction of the City Sidewalk Improvement Project — Capital Improvement Project No. R-24
Description Authorize a public works agreement to CT&T Concrete Paving, Inc. for construction of CIP R-24 City Sidewalk Improvement Project (Project) Background and Analysis:

The Housing and Community Development Act of 1974 provides that Community Development Block Grant (CDBG) funds may be used for the support of activities that provide suitable living environments principally for persons of low and moderate income.

The City participates in this program through cooperation agreements with the County of Riverside. The City Council approved resolutions to renew the cooperation agreement between the City and the County of Riverside authorizing participation in the County's CDBG grant program on November 10, 2020 (for FY 21/22, 22/23, and 23/24) and August 1, 2023 (for FY 24/25, 25/26, and 26/27).

On March 5, 2024 the City Council approved a supplemental agreement with the County of Riverside allocating $558,736 in CDBG entitlement funds for FY 23/24. Of those funds, $538,736 is specifically allocated to pedestrian sidewalk improvements for the City of Beaumont. The County of Riverside Housing and Workforce Solutions (HWS) administers the CDBG program on behalf of the County. Consistent with the agreement, City staff prepared final construction documents (plans and specifications) for HWS review and approval. HWS provided authorization to the City on Feb 20, 2024, to advertise for public bid.

On February 22, 2024, CIP R-24 City Sidewalk Improvement Project was publicly advertised soliciting construction bids. A mandatory pre -bid meeting was held on March 6, 2024. On April 4, 2024, one (1) bid was received and publicly opened. The following is a summary of the bids received:

1. CT&T Concrete Paving, Inc. $428,355

Page 1952 of 2805 ends

One additional bid was received after the bid deadline but was not opened or included in the public bid opening. CT&T Concrete Paving, Inc. is therefore the apparent lowest responsive and responsible bidder. No bid challenges were received.

The base bid amount plus additive bid items were used in evaluating the bids for the apparent lowest bidder. Due to limited funding, only the base bid will be awarded, no additive bid items will be awarded. The City attorney has reviewed the proposed contract and bid documents. CT&T Concrete Paving Inc.'s bid substantially conforms to the bid requirements. City staff is recommending the City Council award a public works agreement to CT&T Concrete Paving, Inc. for the construction of the City Sidewalk Improvement project.

City staff anticipates scheduling a preconstruction meeting with CT&T Concrete Paving, Inc. within ten days of contract execution and issuing a Notice to Proceed (NTP).

Subsequently, CT&T Concrete Paving, Inc. will have ten days to commence construction after the NTP is issued.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $450.

Construction cost for the project will be paid from the FY 23/24 Citywide Street Rehabilitation and Maintenance Project (CIP R-24). This project has two phases, street rehabilitation & maintenance and CDBG sidewalks. The street rehabilitation and maintenance was completed in March 2024. The CDBG Sidewalk portion remains fully funded. The following table is an overview of the current project funding and project budget.

R-24 Citywide Street Rehabilitation and Maintenance 23/24 Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
22/23
SB1
$1,117,898
22/23
Measure A
$1,638,936
22/23
CDBG
$503,086
22/23
General
$3,101,170
23/24
CDBG
$82,828
23/24
General Fund
$500,000
23/24
General Fund
($1,000,000)
Total Project Funding = $5,943,918

Page 1953 of 2805 ends

Budget Summary
Project Component
Budget
Encumbered
Paid to Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$0
$0
$0
$0
Environmental
$0
$0
$0
$0
Design
$0
$0
$0
$0
Construction
$5,346,004
($5,191,183)
($4,592,048)
$154,821
Construction
Management
$0
$0
$0
$0
CDBG Funds
$585,914
$0
$0
$585,914
Equipment
$12,000
($35,027)
($35,084)
($23,027)
Project Summary Totals
$5,943,918
($5,226,210)
($4,627,132)
$717,708
The public works agreement with CT&T Concrete Paving, Inc. will be in an amount not to exceed $428,355. Staff is recommending a construction contingency of $110,381, or approximately 25% of the public works agreement, to allow for unforeseen construction changes. The total construction amount requested at this time is therefore $538,736.

The construction budget will be established from the available CIP budget for sidewalk construction as shown in the preceding table.

Recommended Action:

Award a public works agreement to CT&T Concrete Paving, Inc. for construction of the City Sidewalk Improvement Project (CIP R-24) in an amount not to exceed $428,355; and authorize the City Manager to sign change orders up to an additional $110,381 for a total construction amount of $538,736.

Attachments:

A. Public Works Agreement (CT&T Concrete Paving, Inc.)
B. Project Plans
C. Project Specifications
D. Levine Act Statement — CT&T
E. Supplemental Agreement for FY23/24 CDBG Funds

Page 1954 of 2805 ends

C24-37

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective upon signature, by and between the City of Beaumont, a municipal corporation ("CITY"), and CT&T Concrete Paving inc., ("CONTRACTOR"), a California Corporation. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

FEDERAL FUNDING
This project is being financed with Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (24 CFR Part 570) and subject to certain requirements including: compliance with Section 3 (24 CFR Part 75) Economic Opportunities requirements; payment of Federal Davis -Bacon prevailing wages; Federal Labor Standards Provisions (HUD 4010); Executive Order #11246; and others.

Information pertaining to the Federal requirements is on file with the County of Riverside Department of Housing Homelessness Prevention and Workforce Solutions.

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Citywide Sidewalk Improvement Project (hereinafter "Project").

CONTRACTOR's Bid, dated April 03, 2024, is attached hereto as Exhibit A and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.

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

CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Engineer, or utilities.

CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager (if any), and the Engineer on account of delay, hindrance, interference, or other events.

Page 1 of 13 ends

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C24-37
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR's work on the Project shall be completed within durations established for the individual activities. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations.

III. THE CONTRACT SUM
The CITY shall pay the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the maximum sum of Four Hundred Twenty -Eight Thousand Three Hundred Fifty Five ($428,355) Dollars.

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

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C24-37
preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this 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.

CONTRACTOR shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents or representatives Indemnitors from this Agreement. CONTRACTOR shall defend, at its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

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

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C24-37
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.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.gov . Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

The Federal minimum wage rate requirements, as predetermined by the U.S. Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.

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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C24-37
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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C24-37
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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C24-37

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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C24-37
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.

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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 11 or Class 111 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
X Faithful Performance Bond
X Labor and Materials Payment
Bond
X General and Supplemental
Conditions
X Special Conditions
X Project Construction Schedule
X Proposed Subcontractors

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X Bid Bond
X Information Required of Bidder
X Construction Services Agreement
X Certificate Regarding Worker's
Compensation
X Drug -free Workplace Certification
X Plans and Specifications
X Addenda
X Drawings
X Change Orders
X Shop Drawing Transmittals
X 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.

Special Federal Requirements

1. Contractor and Owner do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.

2. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

3. Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 U.S.C.A.

Section 3141-3148) and the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010). Contractor acknowledges that the applicable Wage Determination for this project is:

General Decision Number: CA20240025
Modification Number: 4
Date: 03/08/2024

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4. Section 3 Compliance: The Contractor hereby acknowledges that this federally - funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75.

The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.

F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

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G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b).

Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). Contractor, sub -contractors, Consultants, and sub - consultants agree to comply with, and are subject to, all applicable requirements as follows:

1. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, general identity or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex sexual orientation, general identity or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, sexual orientation, general identity or national origin. Such actions shall include, but are not limited to, the following: employment, up -grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non -discriminating clause.

2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C.A. Section 3145): All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").

The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed

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in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

3. Davis -Bacon Act, as amended (40 U.S.C.A. Section 3141-3148): When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. A. Section 3141-3148) and as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").

Under the Davis Bacon Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the U.S. Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.

4. Contract Work Hours and Safety Standards Act (40 U.S.CA.. 32701 through 3708):

Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with the Contract Work Hours and Safety Standards (40 U.S.C.A. 32701-3708), as supplemented by Department of Labor Regulations (29 CFR Part 5). Under Section 40 U.S.C.A. 3702, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. 40 U.S.C.A. 3704of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD.

6. Rights to Data and Copyrights — Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.404-3, Federal Acquisition Regulations (FAR).

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7. Air Pollution Prevention and Control (formally known as the Clean Air Act) (42 U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A.

Section 1251 et seq.), as amended: —Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.A. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).

8. Byrd Anti -Lobbying Amendment (31 U.S.C.A. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

9. Debarment and Suspension (Executive Orders (E.O. s) 12549 and 12689) —No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 2424. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

10. Drug -Free Workplace Requirements— The Anti -Drug Abuse Act of 1988 (41 U.S.C.A. Section 8101-8103)requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug - free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 2425.

11. Access to Records and Records Retention: The Consultant or Contractor, and any sub -consultants or sub -contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub -consultants or sub -contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub -consultants or sub -contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding

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any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, Dec. 22, 1975; 42 U.S.C.A.

Section 6201, et. seq., 89 Stat. 871).

14. Procurement of Recovered Materials (2 CFR 200.322.) A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with 42 U.S.C. Section 6962 of the Solid Waste Disposal Act (42 U.S.C.A.

Section 6901, et seq.), as amended by the Resource Conservation and Recovery Act.

The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

15. Build America, Buy America (BABA) Act: The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, If applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

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: CONTRACTOR:

CITY OF BEAUMONT CT&T CONCRE) A(JING, INC.

By: /1
By: Print Name: J 0SL OzirVtt) 4--1
Title:

Page 1 ends

SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
CITY:

CITY OF BEAUMONT
By:

David Fenn, Mayor
Date:

ATTEST:

By:

Nicole Wheelright, Deputy City Clerk
APPROVED AS TO FORM:

By:

John O. Pinkney, City Attorney
CONTRACTOR:

CT&T CONCRETE PAVING, INC.

By:

Print Name: Jose Caravajal
Title: President
Date:

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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 Los Angeles
}
On ,-r' () t.0 2L/ before me, Daniel A. Butler, A Notary Public {Here insert name and rrfle of tie Off icon
personally appeared J b se_ rv4� &
who proved to me on the basis of satisfatory evidence to be the person(s) whose name(s)Cliare subscribed to the within instrument and acknowledged to me that he/they executed the same in a is er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
• /6"
Notary Public Signature

ADDITIONAL OPTIONAL INFORMATION
DANIEL A. BUTLER
Commission # 2402807
Notary Public - California
Los Angeles County
My Comm. Expires May 2, 2026
(Notary Public Seal)

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

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
D Partner(s)
El Attorney -in -Fact
❑ Trustee(s)
❑ Other
www.NotaryClasses.com 800-873-9865

INSTRUCTIONS FOR COMPLETING THIS FORM
O
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 require 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.

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "A"

INVITATION FOR BIDS
21

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BEAUMONT
-C A L, t F O R N 1 A -

REQUEST FOR BID
FOR:

Website:
http:/fbeaumontca.govt
Address:
550 E. Skeet
Beaumont, CA 92223
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
FEBRUARY 22, 2024

CRITICAL BID DATES, TIMES, & LOCATIONS
Bid Published:

Mandatory Pre -Bid Meeting:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

Phone:
951.759.8520
February 22, 2024
March 6, 2024 @ 10:00 A.M.

April 4, 2024 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
March 12, 2024 @ 11:00 A.M.

April 4, 2024 @ 11:05 A.M.
550 E. Sixth Street (City Hall), Room 4
CONTACTS:

Raveena Chara
Procurement and Contracts Specialist
[email protected]
RFB AVAILABLE:

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

Page 1978 of 2805 ends

City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

CITY OF BEAUMONT

CALIFORNIA

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:

CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
Prepared Under the Supervision of:

Robert Vestal, P.E., Pub c Works Director/City Engineer 02/22/2024
Date

Page 1979 of 2805 ends

City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

TABLE OF CONTENTS
NOTICE INVITING BIDS 1
INSTRUCTIONS TO BIDDERS 4
BID FORM 12
BASE BID 14
BID SCHEDULE 14
ADDITIVE BID A 15
BID SCHEDULE 15
ADDITIVE BID B 16
BID SCHEDULE 16
ADDITIVE BID C 17
BID SCHEDULE 17
ADDITIVE BID D 18
BID SCHEDULE 18
ADDITIVE BIDE 19
BID SCHEDULE 19
ADDITIVE BID F 20
BID SCHEDULE 20
ADDITIVE BID G 21
BID SCHEDULE 21
BID CERTIFICATION 23
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 24 BID BOND 25
DESIGNATION OF SUBCONTRACTORS 28
INFORMATION REQUIRED OF BIDDERS 30
NON -COLLUSION AFFIDAVIT 37
PERFORMANCE BOND 38
THIS IS A REQUIRED FORM 41
PAYMENT BOND 43
02 GENERAL CONDITIONS 45

NOTICE INVITING BIDS
1

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City of Beaumont
Request for Bid

BEAUMOMT
Citywide Sidewalk Improvements CIP R-24
03 SPECIAL FEDERAL PROVISIONS 46
04 SPECIAL CONDITIONS 47
05 TECHNICAL SPECIFICATIONS 48
06 CONTRACT DRAWINGS 49
07 PUBLIC WORKS AGREEMENT 50
08 APPENDICES 51

NOTICE INVITING BIDS
2

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City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24
BEAUMOtT

NOTICE INVITING BIDS
The City of Beaumont, Public Works Department ("City") is soliciting bids for:

CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
BID DATES, TIMES, & LOCATIONS:

Bid Published:

Mandatory Pre -Bid Meeting:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

February 22, 2024
March 6, 2024 @ 10:00 A.M. at
City Hall Conference Room 4
April 4, 2024 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
Beaumont, CA 92223
March 12, 2024 @ 11:00 A.M.

April 4, 2024 @ 11:05 A.M.
550 E. Sixth Street (City Hall), Room 4
Beaumont, CA 92223
Bids received after this time will be discarded. Bids shall be valid for 90 calendar days after the bid opening date. Bids must be submitted on the City's Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:
"CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24"
LOCATION OF WORK:

The work to be completed is located on various streets throughout the City and defined in the Construction Plans.

DESCRIPTION OF WORK:

The proposed work shall be performed in accordance with the contract documents, including but not limited to the general conditions, special conditions, technical specifications, contract drawings, permits, and all other reference documents.

In general, the work includes, but is not limited to the installation of sidewalks in select streets throughout the City as defined in the construction plans, as well as new driveway approaches, new curb ramps, tree removal, mailbox relocation, removal of landscaping, adjustment of property elevations, etc.

CONTRACT LENGTH:

The work for this contract shall not exceed 120 calendar days. Contract time shall commence upon issuance of the Notice to Proceed from the City. If The Work is not

NOTICE INVITING BIDS
1

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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
completed as stated in the Contract Documents, there will be liquidated damages in a sum of $2,000 per calendar day as stated in General Conditions, Article 43.

AWARD OF CONTRACT:

The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from a total bid price that includes the base bid and the most additive bid items while not exceeding the contract award limit. Additive bid items will be awarded in order of priority from A to G as presented in the bid schedule. The total bid price will include the base bid and any additive bid items, added in order of priority, that can be completed while not exceeding the contract award limit. For this project the contract award limit is $520,000. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process. A Pre - Construction meeting will be scheduled with the selected bidder after the construction contract is awarded.

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

CONTRACT DOCUMENTS AND SPECIFICATION:

Copies of the Contract Documents and Specification are available for inspection at no cost to the bidder at City Hall. The documents can also be downloaded from the City's Website (httias:// www.beaumontca.00,) and WWW.PUBLICPURCHASE.COM and reviewed at no cost.

BID & BIDDER:

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

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

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

Each bidder shall be a licensed contractor pursuant to the Business and Professions

NOTICE INVITING BIDS
2

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City of Beaumont (:,..,.-,7-4-\N\\ Citywide Sidewalk Improvements CIP R-24 Request for Bid

BEAUMONT
Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:
• California Class "A" and/or required Class "C" licenses

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.4ov . Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

FOR FURTHER INFORMATION CONTACT.

Raveena Chara
E-mail: rchara[a�beaumontca.gov

NOTICE INVITING BIDS
3

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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

INSTRUCTIONS TO BIDDERS
AVAILABILITY OF CONTRACT DOCUMENTS:

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost. Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids. The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project.

EXAMINATION OF CONTRACT DOCUMENTS:

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

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

INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City.

Such submission, if any, must be sent to the Project Manager by faxing (951)769-8526 or emailing to dchristensn�a?beaumontca.aov. Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has purchased a set of Contract Documents. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation. Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

INSPECTION OF SITE:

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

INSTRUCTIONS TO BIDDERS
4

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City of Beaumont Citywide Sidewalk Improvements CIP R-24 Request for Bid

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

ADDENDA:

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

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

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

ADDITIVE BID ITEMS
Additive bid items are called for in the Contract Documents. The lowest bid shall be determined from a total bid price that includes the base bid and the most additive bid items while not exceeding the contract award limit. Additive bid items will be awarded in order of priority from A to G as presented in the bid schedule. The total bid price will include the base bid and any additive bid items, added in order of priority, that can be completed while not exceeding the contract award limit. For this project the contract award limit is $520,000. The time required for completion of the additive bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the additive bid items. The City may elect to include one or more of the additive bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. OF BLACK OR BLUE INK, INDELIBLE PENCIL, COMPUTER OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being

INSTRUCTIONS TO BIDDERS
5

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City of Beaumont
Request for Bid
deemed non -responsive.

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
MODIFICATIONS OF BIDS:

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non -responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

DESIGNATION OF SUBCONTRACTORS:

Pursuant to the funding regulation, the Bidders must designate the name and location of each subcontractor who will perform work or render services for in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

LICENSING REQUIREMENTS:

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

SIGNING OF BIDS:

All Bids submitted shall be executed by the Bidder or its authorized representative.

Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney

INSTRUCTIONS TO BIDDERS
6

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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

BID GUARANTEE (BOND):

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier's check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder's bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

SUBMISSION OF BIDS:

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

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

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

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

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids at the address specified in the NIB. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any

INSTRUCTIONS TO BIDDERS
7

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City of Beaumont
Request for Bid
•

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

WITHDRAWAL OF BID:

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

BASIS OF AWARD; BALANCED BIDS:

The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other bids received or to the City's internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non -responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID:

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

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

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

INSURANCE REQUIREMENTS:

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

AWARD PROCESS:

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and Materials) Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification.

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

FILING OF BID PROTESTS
Bidders may file a "protest" of a Bid with the City's City Engineer. In order for a Bidder's protest to be considered valid, the protest must:

INSTRUCTIONS TO BIDDERS
8

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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
• Be filed in writing within five (5) calendar days after the bid opening date; • Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing.

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

WORKERS COMPENSATION:

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

SUBSTITUTION OF SECURITY:

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

PREVAILING WAGES:

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

INSTRUCTIONS TO BIDDERS
9

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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS:

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

PERFORMANCE AND PAYMENT BOND REQUIREMENTS:

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

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

SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS
10

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City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAUMONY

INSTRUCTIONS TO BIDDERS
11

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City of Beaumont
Request for Bid
NAME OF BIDDER:

BEAUMONT

BID FORM
Citywide Sidewalk Improvements CIP R-24
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)

BASE BID
(Massachusetts)

ADDITIVE A
(Magnolia)

ADDITIVE B
(Elm)

BID PRICE
(IN NUMBERS)

ADDITIVE C
(Chestnut)

ADDITIVE D
(N. California)

ADDITIVE E
(Wellwood)

BID FORM
12

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City of Beaumont
Request for Bid

ADDITIVE F
(Edgar)

ADDITIVE G
(Euclid)
•

BEAUMONT
TOTAL

BID PRICE
Citywide Sidewalk Improvements CIP R-24
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM
13

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City of Beaumont
Request for Bid
'

BBAUMQNT

BASE BID

BID SCHEDULE
Citywide Sidewalk Improvements CIP R-24
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24

MASSACHUSETTS AVENUE
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 EA
2 INSTALL NEW SIDEWALK
1410 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
42 EA
4 REMOVE TREE (LARGE)
3 EA
5 REMOVE TREE (SMALL)
2 EA
6 REMOVE CONCRETE (EXISTING

DRIVEWAY APPROACH)
38 EA
7 REMOVE CONCRETE (EXISTING

SIDEWALK)
40 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
0 LF
9 RELOCATE MAILBOX
29 EA
10 CURB INLET CATCH BASIN
0 EA
11 CURB OUTLET DRAIN
0 EA
12 MINOR CONCRETE (CURB RAMP

CASE A)
0 EA
13 MINOR CONCRETE (CURB RAMP

CASE B)
0 EA
14 MINOR CONCRETE (CURB RAMP

CASE C)
2 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
0 EA
16 INSTALL NEW CURB & GUTTER
120 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
1 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
20 EA
PROJECT BASE BID SUBTOTAL:

BID FORM
14

Page 1995 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAUMONT

ADDITIVE BID A

BID SCHEDULE
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24

MAGNOLIA AVENUE
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 I EA
2 INSTALL NEW SIDEWALK
1120 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
29 EA
4 REMOVE TREE (LARGE)
0 EA
5 REMOVE TREE (SMALL)
0 EA
6 REMOVE CONCRETE (EXISTING

DRIVEWAY APPROACH)
24 EA

REMOVE CONCRETE (EXISTING

SIDEWALK)
80 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
50 LF
9 RELOCATE MAILBOX
15 EA
10 CURB INLET CATCH BASIN
0 EA
11 CURB OUTLET DRAIN
0 EA
12 MINOR CONCRETE (CURB RAMP

CASE A)
1 EA
13 MINOR CONCRETE (CURB RAMP

CASE B)
1 EA
14 MINOR CONCRETE (CURB RAMP

CASE CJ
4 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
0 EA
16 INSTALL NEW CURB & GUTTER
640 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
0 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
3 EA
ADDITIVE A SUBTOTAL:

BID FORM
15

Page 1996 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAUMONT

ADDITIVE BID B

BID SCHEDULE
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24

ELM AVENUE
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 EA
2 INSTALL NEW SIDEWALK
1500 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
20 EA
4 REMOVE TREE (LARGE)
8 EA
5 REMOVE TREE (SMALL)
0 EA
6 REMOVE CONCRETE (EXISTING

DRIVEWAY APPROACH)
16 EA
7 REMOVE CONCRETE (EXISTING

SIDEWALK)
30 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
235 LF
9 RELOCATE MAILBOX
16 EA
10 CURB INLET CATCH BASIN
2 EA
11 CURB OUTLET DRAIN
0 EA
12 MINOR CONCRETE (CURB RAMP

CASE A)
3 EA
13 MINOR CONCRETE (CURB RAMP
CASE B
2 EA
14 MINOR CONCRETE (CURB RAMP

CASE C)
1 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
1 EA
16 INSTALL NEW CURB & GUTTER
265 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
2 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
3 EA
ADDITIVE B SUBTOTAL:

BID FORM
16

Page 1997 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAUMONT

ADDITIVE BID C

BID SCHEDULE
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24

CHESTNUT ANENUE
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 EA
2 INSTALL NEW SIDEWALK
1530 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
31 EA
4 REMOVE TREE (LARGE)
8 EA
5 REMOVE TREE (SMALL)
2 EA
6 REMOVE CONCRETE (EXISTING

DRIVEWAY APPROACH)
31 EA
7 REMOVE CONCRETE (EXISTING

SIDEWALK)
80 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
10 LF
9 RELOCATE MAILBOX
30 EA
10 CURB INLET CATCH BASIN
0 EA
11 CURB OUTLET DRAIN
0 EA
12 MINOR CONCRETE (CURB RAMP
CASE A
2 EA
13 MINOR CONCRETE (CURB RAMP

CASE B)
1 EA
14 MINOR CONCRETE (CURB RAMP

CASE C)
0 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
1 EA
16 INSTALL NEW CURB & GUTTER
70 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
1 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
20 EA
ADDITIVE C SUBTOTAL:

BID FORM
17

Page 1998 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAU O T

ADDITIVE BID D

BID SCHEDULE
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
N. CALIFORNIA AVENUE
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 EA
2 INSTALL NEW SIDEWALK
1350 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
23 EA
4 REMOVE TREE (LARGE)
7 EA
5 REMOVE TREE (SMALL)
6 EA
6 REMOVE CONCRETE (EXISTING

DRIVEWAY APPROACH)
20 EA
7 REMOVE CONCRETE (EXISTING

SIDEWALK)
120 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
0 LF
9 RELOCATE MAILBOX
20 EA
10 CURB INLET CATCH BASIN
0 EA
11 CURB OUTLET DRAIN
0 EA
12 MINOR CONCRETE (CURB RAMP

CASE A)
3 EA
13 MINOR CONCRETE (CURB RAMP

CASE B)
0 EA
14 MINOR CONCRETE (CURB RAMP

CASE C)
12 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
1 EA
16 INSTALL NEW CURB & GUTTER
350 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
1 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
2 EA
ADDITIVE D SUBTOTAL:

BID FORM
18

Page 1999 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAUMONT

ADDITIVE BID E

BID SCHEDULE
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24

WELLWOOD AVENUE
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE TOTAL COST
(FIGURES) (FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 EA
2 INSTALL NEW SIDEWALK
1400 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
42 EA
4 REMOVE TREE (LARGE)
4 EA
5 REMOVE TREE (SMALL)
2 EA
6 REMOVE CONCRETE (EXISTING
DRIVEWAY APPROACH)_ 35
EA
7 REMOVE CONCRETE (EXISTING

SIDEWALK)
50 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
0 LF
9 RELOCATE MAILBOX
17 EA
10 CURB INLET CATCH BASIN
1 EA
11 CURB OUTLET DRAIN
1 EA
12 MINOR CONCRETE (CURB RAMP

CASE A)
5 EA
13 MINOR CONCRETE (CURB RAMP
CASE B
0 EA
14 MINOR CONCRETE (CURB RAMP

CASE C)
10 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
0 EA
16 INSTALL NEW CURB & GUTTER
200 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
2 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
3 EA
ADDITIVE E SUBTOTAL:

BID FORM
19

Page 2000 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24
BEAU lONT

ADDITIVE BID F

BID SCHEDULE
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24

EDGAR AVENUE
ITEM
NO.

DESCRIPTION OF ITEMS
' EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 EA
2 INSTALL NEW SIDEWALK
2500 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
53 EA
4 REMOVE TREE (LARGE)
6 EA
5 REMOVE TREE (SMALL)
8 EA
6 REMOVE CONCRETE (EXISTING

DRIVEWAY APPROACH)
35 EA
7 REMOVE CONCRETE (EXISTING

SIDEWALK)
60 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
0 LF
9 RELOCATE MAILBOX
22 EA
10 CURB INLET CATCH BASIN
0 EA
11 CURB OUTLET DRAIN
0 EA
12 MINOR CONCRETE (CURB RAMP

CASE A)
7 EA
13 MINOR CONCRETE (CURB RAMP

CASE B)
6 EA
14 MINOR CONCRETE (CURB RAMP

CASE C)
8 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
0 EA
16 INSTALL NEW CURB & GUTTER
0 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
5 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
3 EA
ADDITIVE F SUBTOTAL:

BID FORM
20

Page 2001 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24
BEAUMQN"

ADDITIVE BID G

BID SCHEDULE
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24

EUCLID AVENUE
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
2 EA
2 INSTALL NEW SIDEWALK
3120 LF
3 PCC PAVEMENT (DRIVEWAY

APPROACH)
53 EA
4 REMOVE TREE (LARGE)
6 EA
5 REMOVE TREE (SMALL)
6 EA
6 REMOVE CONCRETE (EXISTING

DRIVEWAY APPROACH)
43 EA

REMOVE CONCRETE (EXISTING

SIDEWALK)
350 LF
8 REMOVE CONCRETE (EXISTING

CURB & GUTTER)
0 LF
9 RELOCATE MAILBOX
23 EA
10 CURB INLET CATCH BASIN
0 EA
11 CURB OUTLET DRAIN
0 EA
12 MINOR CONCRETE (CURB RAMP

CASE A)
4 EA
13 MINOR CONCRETE (CURB RAMP

CASE B)
6 EA
14 MINOR CONCRETE (CURB RAMP

CASE C)
6 EA
15 CURB RAMP DETECTABLE

WARNING SURFACE
1 EA
16 INSTALL NEW CURB & GUTTER
80 LF
17 RELOCATE CANDLESTICK LIGHT
POLE
4 EA
19 ADJUST WATER SERVICE METER

BOX ELEVATION
7 EA
ADDITIVE G SUBTOTAL:

BID FORM
21

Page 2002 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24
BEAUMONT4.

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

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

BID FORM
22

Page 2003 of 2805 ends

City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24
BEAUMoNT'

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

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

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

1. Addenda No. thru

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

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

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

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

Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder
Signature
Name and Title
Dated

BID FORM
23

Page 2004 of 2805 ends

City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name and Title
Dated

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
24

Page 2005 of 2805 ends

City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

BID BOND
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
The makers of this bond are,
as Principal, and
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 20 , for
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
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.

BID BOND
25

Page 2006 of 2805 ends

City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this day of , 20 the name and
corporate seal of each corporation.
(Corporate Seal)
Principal
By
Title
(Corporate Seal) Surety
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title

BID BOND
26

Page 2007 of 2805 ends

City of Beaumont
Request for Bid
BEAUM®NT
Citywide Sidewalk Improvements CIP R-24

STATE OF CALIFORNIA )
) ss.

CITY OF
On this day of , in the year 20_, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney -In -
Fact.

Notary Public in and for said State
(SEAL)
Commission expires:

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

BID BOND
27

Page 2008 of 2805 ends

City of Beaumont
Request for Bid

BEAU ONT
Citywide Sidewalk Improvements CIP R-24

DESIGNATION OF SUBCONTRACTORS
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Portion of the Work Subcontractor
Location of Business
% of Work

DESIGNATION OF SUBCONTRACTORS
28

Page 2009 of 2805 ends

City of Beaumont
Request for Bid
-�'h• Citywide Sidewalk Improvements CIP R-24

BEAUMONT
Portion of the Work Subcontractor
Location of Business
%ofWork
Name of Bidder
Signature
Name and Title
Dated

DESIGNATION OF SUBCONTRACTORS
29

Page 2010 of 2805 ends

City of Beaumont
Request for Bid
f Citywide Sidewalk Improvements CIP R-24

BEAUMONT

INFORMATION REQUIRED OF BIDDERS
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder:

2.0 Type, if Entity:

3.0 Bidder Address:

Facsimile Number Telephone Number

4.0 License Information:

License No.

Class of License Expiration Date
DIR Registration No.

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

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

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

7.0 If Bidder's organization is a corporation, answer the following:

INFORMATION REQUIRED OF BIDDERS
30

Page 2011 of 2805 ends

City of Beaumont
Request for Bid

7.1 Date of Incorporation:

7.2 State of Incorporation:

7.3 President's Name:

7.4 Vice -President's Name(s):

7.5 Secretary's Name:

7.6 Treasurer's Name:

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

8.1 Date of Organization:

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

Citywide Sidewalk Improvements CIP R-24

BEAUMONT

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

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

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

12.0 Has Bidder ever failed to complete any work awarded to it? !f so, note when,

INFORMATION REQUIRED OF BIDDERS
31

Page 2012 of 2805 ends

City of Beaumont
Request for Bid
where, and why:

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

14.0 List Trade References:

15.0 List Bank References (Bank and Branch Address):

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

INFORMATION REQUIRED OF BIDDERS
32

Page 2013 of 2805 ends

City of Beaumont
Request for Bid

BEAUMONT
B. LIST OF CURRENT PROJECTS (Backlog)
Citywide Sidewalk Improvements CIP R-24
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of Completion Cost of
Bidder's Work 1 Date Bidder's Work
Contact Name &
Phone

INFORMATION REQUIRED OF BIDDERS
33

Page 2014 of 2805 ends

City of Beaumont Citywide Sidewalk Improvements CIP R-24 Request for Bid BEAUMONT
r -A ,
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

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

INFORMATION REQUIRED OF BIDDERS
34

Page 2015 of 2805 ends

City of Beaumont Citywide Sidewalk Improvements CIP R-24 Request for Bid BEAUMONT
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

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

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

2. Summarize each person's specialized education:

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

4. Summarize such experience:

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

INFORMATION REQUIRED OF BIDDERS
35

Page 2016 of 2805 ends

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

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name and Title
Dated

INFORMATION REQUIRED OF BIDDERS
36

Page 2017 of 2805 ends

City of Beaumont
Request for Bid
J'� J

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

NON -COLLUSION AFFIDAVIT
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
, being first duly sworn, deposes and says that he is
of the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
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

NON -COLLUSION AFFIDAVIT
37

Page 2018 of 2805 ends

City of Beaumont Citywide Sidewalk Improvements CIP R-24 Request for Bid
Bftgly1.01113

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, (hereinafter referred to as "City")
has awarded to , (hereinafter referred to as the "Contractor") an agreement for
(hereinafter referred to as the "Project").

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which 38

Page 2019 of 2805 ends

City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3)
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
39

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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]
40

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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .

CONTRACTOR/PRINCIPAL
Name
By
SURETY:

By:

Attorney -In -Fact
The rate of premium on this bond is per thousand. The total amount of premium charges, $
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to.
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
41

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City of Beaumont
Request for Bid

STATE OF CALIFORNIA )
) ss.

CITY OF

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
On this day of , in the year 20_, 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.
(SEAL)
Notary Public in and for said State
Commission expires:

NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
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City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAUMONT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Beaumont (hereinafter designated as the "City"), by action taken or a resolution passed , 20_ has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
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City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the day of
20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) (Seal of Surety)
By
(Signature of Contractor)
Surety
By
Attorney in Fact
(Attached Attorney -In -Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
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City of Beaumont
Request for Bid
Citywide Sidewalk Improvements CIP R-24

BEAUMONT
02 GENERAL CONDITIONS
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
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City of Beaumont
General Conditions

BEAUMONT

GENERAL CONDITIONS

TABLE OF CONTENTS
GC01. DEFINITIONS 1
GCO2. CONTRACT DOCUMENTS 2
GC03. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE 3
GC04. DETAIL DRAWINGS AND INSTRUCTIONS 3
GC05. EXISTENCE OF UTILITIES AT THE WORK SITE 4
GC06. SCHEDULE 5
GC07. SUBSTITUTIONS 6
GC08. SHOP DRAWINGS 7
GC09. SUBMITTALS 7
GC10. MATERIALS 8
GC11. CONTRACTOR'S SUPERVISION 8
GC12. WORKERS 8
GC13. SUBCONTRACTORS 9
GC14. PERMITS AND LICENSES 9
GC15. UTILITY USAGE 9
GC16. INSPECTION FEES FOR PERMANENT UTILITIES 10
GC17. TRENCHES 10
GC18. DIVERSION OF RECYCLABLE WASTE MATERIALS 11
GC19. REMOVAL OF HAZARDOUS MATERIALS 11
GC20. SANITARY FACILITIES 12
GC21. AIR POLLUTION CONTROL 12
GC22. COMPLIANCE WITH STATE STORM WATER PERMIT 12
GC23. CLEANING UP 13
GC24. LAYOUT AND FIELD ENGINEERING 13
GC25. EXCESSIVE NOISE 14
GC26. TESTS AND INSPECTIONS 14
GC27. PROTECTION OF WORK AND PROPERTY 15
GC28. CONTRACTORS MEANS AND METHODS 17
GC29. INSPECTOR'S FIELD OFFICE 17
GC30. AUTHORIZED REPRESENTATIVES 17
GC31. HOURS OF WORK 17
GC32. PAYROLL RECORDS 18
GC33. PREVAILING RATES OF WAGES 19
GC34. EMPLOYMENT OF APPRENTICES 19
GC35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 20 GC36. LABOR/EMPLOYMENT SAFETY 20
GC37. WORKERS' COMPENSATION INSURANCE 20
GC38. EMPLOYER'S LIABILITY INSURANCE 20
GC39. COMMERCIAL GENERAL LIABILITY INSURANCE 21
GC40. AUTOMOBILE LIABILITY INSURANCE 22
GC41. BUILDER'S RISK ["ALL RISK"] 22
GC42. FORM AND PROOF OF CARRIAGE OF INSURANCE 22
GC43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 24
GC44. COST BREAKDOWN AND PERIODIC ESTIMATES 25

GENERAL CONDITIONS
1 Citywide Sidewalk Improvements CIP R-24

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City of Beaumont
General Conditions
Citywide Sidewalk Improvements CIP R-24
GC45. MOBILIZATION 25
GC46. PAYMENTS 26
GC47. PAYMENTS WITHHELD AND BACKCHARGES 27
GC48. CHANGES AND EXTRA WORK 28
GC49. OCCUPANCY 31
GC50. INDEMNIFICATION 31
GC51. RECORD ("AS BUILT") DRAWINGS 32
GC52. RESOLUTION OF CONSTRUCTION CLAIMS 32
GC53. CITY'S RIGHT TO TERMINATE CONTRACT 34
GC54. WARRANTY AND GUARANTEE 36
GC55. DOCUMENT RETENTION & EXAMINATION 37
GC56. SOILS INVESTIGATIONS 37
GC57. SEPARATE CONTRACTS 38
GC58. NOTICE AND SERVICE THEREOF 38
GC59. NOTICE OF THIRD PARTY CLAIMS 38
GC60. STATE LICENSE BOARD NOTICE 39
GC61. INTEGRATION 39
GC62. ASSIGNMENT 39
GC63. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY 39 GC64. ASSIGNMENT OF ANTITRUST ACTIONS 39
GC65. PROHIBITED INTERESTS 40
GC66. LAWS AND REGULATIONS 40
GC67. PATENT FEES OR ROYALTIES 40
GC68. OWNERSHIP OF DRAWING 41
GC69. NOTICE OF TAXABLE POSSESSORY INTEREST 41

GENERAL CONDITIONS
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City of Beaumont
General Conditions
GC01. DEFINITIONS

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated. g. Engineer shall mean the General Manager, or his or her designee, of the Department of Public Works for the City of Beaumont, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" or "Representative" in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.

Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.

I. Perform shall mean that the Contractor, at Contractor's expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents.

GENERAL CONDITIONS
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City of Beaumont
General Conditions

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
n. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
p.
q.

Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction ("Greenbook"), 2015 Edition which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.

The Work means the entire improvement planned by the City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

GCO2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders or Work Change Directives

2. Addenda

3. Special Provisions (or Special Conditions)

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor's Bid Forms

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

12. Standard Plans

GENERAL CONDITIONS
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City of Beaumont
General Conditions

13. Reference Documents

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

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

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

Additional copies may be obtained at cost of reproduction.

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

GC04. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements.

Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

GENERAL CONDITIONS
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City of Beaumont
General Conditions

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work. d. Contractor's Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor's expense.

GC05. EXISTENCE OF UTILITIES AT THE WORK SITE
a. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. b. Beaumont Cherry Valley Water District (BCVWD) is planning to replace 12" water main in the 5t" Street (from California to Michigan). Contractor shall coordinate with the BCVWD before commencing any work on the 5t" Street. c. No excavations were made to verify the locations shown for underground utilities.

The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City and Engineer in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
d. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work.
e. Notwithstanding the above, pursuant to Section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection.

GENERAL CONDITIONS
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City of Beaumont
General Conditions

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
f. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227- 2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.

GC06. SCHEDULE
a. Estimated Schedule. Within fourteen (14) days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor's failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and "float time" for all "slack" or "gaps" in the non -critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor's judgment are needed to complete the Project within the time specified for completion. Schedule duration shall match the Contract time.

Schedules indicating early completion will be rejected. c. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

GENERAL CONDITIONS
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City of Beaumont
General Conditions
GC07. SUBSTITUTIONS

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles.
c. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. e. The Contractor shall bear all of the City's costs associated with the review of substitution requests.

GENERAL CONDITIONS
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City of Beaumont
General Conditions

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
f. The Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article.
g.

Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

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

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

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

GENERAL CONDITIONS
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City of Beaumont
General Conditions
GC10. MATERIALS

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

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

GC12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.

GENERAL CONDITIONS
8

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City of Beaumont
General Conditions
GC13. SUBCONTRACTORS

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.
b. The City reserves the right to Approve all subcontractors. The City's Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

GC14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.
b. The Contractor shall arrange and pay for all off -site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off -site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

GC15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.

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BEAUMONT
Citywide Sidewalk Improvements CIP R-24
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project.
c. All permanent meters Installed shall be listed in the Contractor's name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City's existing utilities by compensating the City for utilities used by Contractor.

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

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

Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

GC17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated.

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Citywide Sidewalk Improvements CIP R-24
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
c. Groundwater and Dewaterinq. The Contractor is responsible for all necessary trench and excavation dewatering operations. No additional compensation will be provided should groundwater levels be encountered that are different than those described in the plans and specifications. Discharge of all water must comply with the State Water Resources Control Board's NPDES permit requirements, as described in these specifications.

GC18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

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

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GC20. SANITARY FACILITIES

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL -OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted.

Any other Sanitary Facilities required by CAL -OSHA shall be the responsibility of the Contractor.

GC21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

GC22. COMPLIANCE WITH STATE STORM WATER PERMIT
a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board ("State Water Board") National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity ("Permit") for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan ("SWPPP") prior to initiating Work. In bidding on this Contract, it shall be Contractor's responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP.

Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the Contract amount.
b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage district, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

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d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor's failure to comply with the Permit.

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

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

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Beaumont City CouncilMay 7, 2024

Beaumont City Council
May 7, 2024