Beaumont City Council
May 7, 2024

City of Beaumont
General Conditions
GC25. EXCESSIVE NOISE

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL -OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced.

Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

GC26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor's cost in compliance with the Contract Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work.

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e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. f. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

GC27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor's risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

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2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor's apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.
8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
e. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

The City shall be entitled to inspect and copy any such documentation, video, or photographs.

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GC28. CONTRACTORS MEANS AND METHODS
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Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor's means and methods deviate from commonly used industry standards.

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

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

GC31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day's work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City -observed holidays, unless otherwise Approved by the Engineer:

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1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.

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

Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations ("DIR").
c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. e. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit Twenty-five Dollars ($25.00) for each day, or portion thereof, for each worker until strict compliance is

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

GC33. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/ . In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
d. If the Work involves federal funds or otherwise requires compliance with the Davis -Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

GC34. EMPLOYMENT OF APPRENTICES
The Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or

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any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

GC35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

GC36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.

GC37. WORKERS' COMPENSATION INSURANCE
The Contractor shall Provide, during the life of this Contract, workers' compensation insurance for all of the employees engaged in Work under this Contract, on or at the Project site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers' compensation insurance for all the latter's employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor's insurance shall be covered by the Contractor's insurance. In case any class of employees engaged in work under this Contract, on or at the Project site, is not protected under the Workers' Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

GC38. EMPLOYER'S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer's Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars

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

GC39. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury — which may arise from or out of Contractor's operations, use, and management of the Project site, or the performance of its obligations hereunder. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys' fees, incurred by the City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non -owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under -ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a

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

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

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

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

GC41. BUILDER'S RISK ["ALL RISK"]
a. It is the Contractor's responsibility to maintain or cause to be maintained Builder's Risk [ "All Risk"] extended coverage insurance on all work, material, equipment, appliances, tools, and structures which are a part of the Contract and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility until the Contract is formally accepted by the Governing Board for the work. The Contractor is required to file with the City a certificate evidencing fire insurance coverage.
b. Provide insurance coverage on completed value form, all-risk or special causes of loss coverage.
1) Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
2) Coverage shall include all materials stored on site and in transit. 3) Coverage shall include Contractor's tools and equipment. 4) Insurance shall include boiler, machinery and material hoist coverage. c. Such insurance shall comply with the provisions of the Contract Documents.

GC42. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of

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California unless waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self - insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self - insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. The City, its Director's and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate or Stop Work pursuant to the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement until the City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. c. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and the City's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory.
d. The City reserves the right to adjust the monetary limits of insurance coverage's during the term of this Contract including any extension thereof -if in the City's reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub -contractors working under this Contract.

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GC43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City's Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City's receipt or acceptance of the Contractor's proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $2,000 for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages.

Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer's determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. d. No Damages for Reasonable Delay. The City's liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section

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4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

GC44. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following the City's Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

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

GC45. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate ("Initial Mobilization"). When no bid item is provided for "Initial Mobilization," payment for such costs will be deemed to be included in the other items of The Work. The bid amount for Mobilization shall not exceed 5% of contract amount.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:

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

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

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

4. Establishing fire protection system.

5. Developing and installing a construction water supply.

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

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

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

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

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

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

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

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

GC46. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.

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b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (35) Days after the date of recordation of the Notice of Completion. d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen.

GC47. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record ("as -built") drawings up to date. h. Failure to provide updates on the construction schedule.

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i. Site clean up.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.

I. Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.

GC48. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days.

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4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City's estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City's estimate was in error. 8) Estimates for lump sum quotations and accounting for cost -plus - percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery.

Materials cost shall be based upon supplier or manufacturer's invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less.

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Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. "Net Cost" is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond
premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up.
ii . For Work performed by the Contractor's forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor's Net Cost.
iv. For Work performed by a sub -subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor. iv. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
(25%) percent of the Net Cost as defined herein.
9) For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor's signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub - subcontractors.
10) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.

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11) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 12) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City's change order form in an attempt to reserve additional rights. 13) If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
14) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
15) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor's surety or sureties.

GC49. OCCUPANCY
The City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

GC50. INDEMNIFICATION
Contractor shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages

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or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, with counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives.

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

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

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

The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts. The suitability of the as-builts will be determined by the Engineer.

GC52. RESOLUTION OF CONSTRUCTION CLAIMS
a. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following the statutory

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procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. All Claims: All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the claimant for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) an amount the payment of which is disputed by the City. c. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City's written response shall be submitted 15 days after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. d. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the claimant. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the City and the claimant. The City's response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge. e. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules

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(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim f. If the claimant disputes the City's response, or if the City fails to respond within the statutory time period(s), the claimant may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.

9. If following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
h. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor.

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

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The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to the City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Project. If the City takes over The Work, the City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site.
b. Termination For Convenience: The City may terminate performance of The Work in whole or, in part, if the City determines that a termination is in the City's interest.

The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. 4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the

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Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation
substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience." 7) These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

GC54. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City -owned or controlled real or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the county shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor's expense.

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

With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

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

GC55. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. b. Contractor shall make available to the City any of the Contractor's other documents related to the Project immediately upon request of the City. c. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

GC56. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils

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investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.

GC57. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

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

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

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

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GC60. STATE LICENSE BOARD NOTICE.

Citywide Sidewalk Improvements CIP R-24
Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

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

GC62. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

GC63. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL
ENTITY
Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract.

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

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

GC65. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

GC66. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable.
c. Contractor acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

GC67. PATENT FEES OR ROYALTIES.

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

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

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

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03 SPECIAL FEDERAL PROVISIONS
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46

County of Riverside
Housing & Workforce Solutions (HWS)

SPECIAL FEDERAL PROVISIONS

CONSTRUCTION BID DOCUMENT
Projects Over $200,000
Community Development Block Grant
Construction Activities

SPECIAL FEDERAL PROVISIONS

DOCUMENT INDEX
General Information

1. General Summary

2. Hold Harmless Clause and Additional Insured -Insurance Requirements

3. B-1 Federal Labor Standards Provisions (HUD 4010)

4. B-2 Federal Prevailing Wage Decision (CA Mod.

5. B-3 Project Sign (SAMPLE)

6. B-5 County of Riverside Section 3 Program Overview (Applicable for Projects $200,000 or more)

7. Additional Federal Requirements
Bid Forms

8. B-4 Certification of Bidder Regarding Non -Segregated Facilities (Required for all Projects)

9. B-6 Section 3 Implementation Plan (Required for Projects $200,000 or more)

10. B-7 Certification for Section 3 Compliance (Required for Projects $200,000 or more)

11. B-8 Bidder's Certification on Federal Contract Requirements (Required for all Projects)

12. B-8 Questionnaire Regarding Bidders (Required for all Projects)

13. B-10 List of Subcontractors and Suppliers (Required for all Projects) Must be completed by all Subcontractors

14. B-6 Section 3 Implementation Plan (Required for Projects $200,000 or more)

15. B-7 Certification for Section 3 Compliance (Required for Projects $200,000 or more) Post -Award Forms

16. PA -1 Performance Bond (100% of contract price) (Required for Projects $200,000 or more)

17. PA -2 Payment Bond (Required for Projects $200,000 or more)

18. PA -3 Subcontractor Questionnaire (Required for all Projects)

19. PA -4 Subcontractor Certification Regarding Non -segregated Facilities (Required for all Projects)

20. PA -5 List of Permanent Employees/Section 3 Worker Employer Certification (Required for Projects $200,000 or more)

21. PA -6 Documentation of Qualitative Efforts (Required for Projects $200,000 or more)

22. PA -7 Davis -Bacon Classifications and Pay Rates (Required for all Projects)

GENERAL SUMMARY
The following Federal Provisions and the attached exhibits herewith become binding on the contractor(s) and incorporated in the Bid Document in their entirety.

1. The Contractor and the Subcontractor(s) shall perform all work in accordance with the project plans and specifications, including all stipulations designed to meet diversified Federal Environmental Architectural, the Architectural Barriers Act of 1968, as amended; the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.

2. The Contractor and the Subcontractor(s) shall allow all authorized Federal, State Comptroller, and/or County officials access to the work area, fiscal, payroll, materials and other relevant contract records which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. All relevant records must be retained for at least four years.

3. The Contractor and the Subcontractor(s) shall comply with the Lead Based Paint Poisoning Prevention Act and the Implementation Regulations (24 CFR 35) issued pursuant thereto and any amendments thereof.

4. The Contractor and the Subcontractor(s) shall comply with Section 503 of the Rehabilitation Act of 1973 (P.L. 93-112) and the Implementation Regulations (41 CFR 60-741) issued pursuant thereto and any amendments thereof.

5. The Contractor and the Subcontractor(s) shall comply with Section 40-2, Vietnam Era Veterans Adjustment Assistance Act of 1974 and the Implementation Regulations (41 CFR 60-250) issued pursuant thereto and any amendment thereof.

6. The Contractor and the Subcontractor(s) shall comply with the Title IV of the Civil Rights Act of 1964 and the Title VIII of the Civil Rights Act of 1963 and any amendment thereof.

7. For projects $200,000 or over, the Contractor and the Subcontractor(s) shall comply with Clean Air Act of 1963 (P.L. 90-148) and the Federal Water Pollution Act (P.L. 92-500), as amended and all applicable standards or regulations (40 CFR Part 15 and 61) issued pursuant to the said acts.

8. For projects $2,000 or over, the Contractor and the Subcontractor(s) shall comply with the Davis - Bacon Fair Labor Standards Act (40 USC a-276 a-5), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5) and any amendments thereof. Pursuant to the said regulations, Exhibit B-1 and B-2 entitled "Federal Labor Standards Provisions" and "Federal Prevailing Wage Decision" respectively are herewith attached.

9. The Contractor and Subcontractor(s) shall comply with the Copeland Anti Kickback Act (40 USC 276 C) and the Implementation regulations (29 CFR 3) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.

10. For construction projects $2,000 or over, or other projects $2,500 or more which utilize mechanics or laborers the Contractor and the Subcontractor(s) shall comply with the Contract Work Hours and Safety Standards Act (40 USC 327-332) and the Implementation Regulations (29 CFR 5) issued pursuant thereto and any amendments thereof. Exhibit B-1 contains the key provisions of the said act.

11. For projects $25,000 or over the Contractor shall provide one sign board to be located as directed by the owner. The sign board shall be mounted in an acceptable manner and constructed as shown and specified in Exhibit B-3. Additional information can be added to the project sign at the request of the project sponsor.

12. The Contractor shall comply with all laws, ordinances, and regulations applicable to the work. If the Contractor ascertains at any time that any of the requirements of the contract are at variance with applicable law, ordinances, regulations or building code requirements, he shall promptly notify the owner and the Executive Director of Riverside County's Department of Housing & Workforce Solutions and shall not proceed with the work in question, except at his own risk, until the owner and the said Director has had an opportunity to determine the extent of the responsibility for the variance and the appropriate corrective actions undertaken.

13. The Contractor must complete and execute the attached Certification of Bidder Regarding Segregated Facilities Exhibit B-4 and submit with the bid.

14. Wherever applicable, the Contractor and the Subcontractor(s) shall comply with, Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85 or Uniform Requirements for Assistance to State and Local Governments, Circular A-102; Whichever is applicable.

15. For projects $200,000 or over the Contractor shall furnish to the owner, a Performance bond, a Payment bond, and Materials Bond executed as surety by a corporation acceptable to the owner and authorized to issue surety bonds in the State of California. Such a performance bond and a payment bond and materials bond shall be for one hundred percent (100%) of the total contract price. (Attached herewith are recommended formats for said bonds, Exhibits PA -1 and PA -2.

16. The Contractor and the Subcontractor(s) shall comply with Section 3 of The Housing and Community Development Act of 1968 and the regulations (24 CFR Part 75) issued pursuant thereto and amendments thereof. Pursuant to the said act, the Contractor and the Subcontractor(s) shall comply with the attached County of Riverside Section 3 Implementation Plan Exhibits B-5, B-6, and PA -6.

The Contractor and Sub-contractor(s) must submit Exhibit B-6, for all projects over $200,000, as part of the bid package.

17. The Contractor and Sub-contractor(s) must submit the attached, Exhibit B-8, certification that "he/she fully understands the diversified Federal requirements imposed on the Contractor(s) and Sub-contractor(s) of HUD funded construction projects", as part of the bid package.

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18. Wherever applicable, the Contractor and the Sub-contractor(s) shall comply with Section 109 of The Housing and Community Development Act of 1974 and the Implementation Regulations (24 CFR 570.601) issued pursuant thereto and any amendments thereof.

19. For projects $200,000 or over the Contractor shall submit a Bid Guarantee Bond in an amount no less than 5% of the total contract price, along with the bid.

20. The Contractor and Sub-contractor(s) shall comply with the Section 3 Reporting Requirements by completing the attachment Exhibit B-7 entitled, "Certification for Section 3 Compliance," and submit with bid for all projects $200,000 and over.

21. 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.

22. The Contractor must submit Questionnaire Regarding Bidders Exhibit B-9 and List of Sub- contractors Exhibit B-10 as part of the bid package. These forms are considered part of the Federal Contracting Requirements and are included in the bid document. Both documents are required to be completed by the Prime Contractor.

23. The Contractor shall follow 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. 94-163, 89 Stat. 871). [ 53 FR 8068,8087, Mar. 11, 1988, as amended at 60 FR 19639,19642, April 19, 1995]

24. Contractor must comply with awarding agency (HUD) requirements and regulations pertaining to copyrights and rights in data.

25. Contractor will comply with Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.

26. Contractor will comply with notice of awarding agency requirements and regulations pertaining to reporting.

S:ACDBG\CONSTRUCTION \General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS

HOLD HARMLESS CLAUSE/INSURANCE REQUIREMENTS
The following County of Riverside Hold Harmless and Insurance provisions herewith become binding on the contractor(s) in their entirety.

HOLD HARMLESS/INDEMNIFICATION
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.

With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR'S indemnification to Indemnitees as set forth herein.

CONTRACTOR'S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONTRACTOR'S obligations to indemnify and hold harmless the Indemnitees herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONTRACTOR from indemnifying the Indemnitees to the fullest extent allowed by law.

INSURANCE
Without limiting or diminishing the CONTRACTOR'S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS

unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CONTRACTOR'S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the COUNTY as Additional Insureds.

D. Professional Liability
(ONLY TO BE INCLUDED IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO ENGINEERS, DOCTORS, AND LAWYERS) Contractor shall maintain Professional Liability Insurance providing coverage for the Contractor's performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor's Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that Contractor has Maintained continuous coverage with the same or original insurer. Coverage provided under items; 1), 2) or 3) will continue for a period of five (5) years beyond the termination of this Agreement.

E. General Insurance Provisions- All Lines:
a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b) The Contractor's insurance carrier(s) must declare its insurance deductibles or self -insured retentions. If such deductibles or self -insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention's unacceptable to the County, and at the election of the Country's Risk Manager, Contractor's carriers shall either; 1) reduce or eliminate such deductibles or self -insured retention's as respects this Agreement with the County, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. c) Contractor shall cause Contractor's insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS

expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. Contractor shall not commence operations until the County has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. d) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self -insured retention's or self -insured programs shall not be construed as contributory.
e) The County's Reserved Rights --Insurance. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of work (such as the use of aircraft or watercraft) the County reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage's currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the Contractor has become inadequate.
f) Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. g) The insurance requirements contained in this agreement may be met with a program(s) of self-insurance acceptable to the County S:\CDBG\CONSTRUCTION\General Summary of SPECIAL FEDERAL PROVISIONS.docSPECIAL FEDERAL PROVISIONS

HUD -4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits
i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis -Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under 29 CFR

5.5(a)(1)(iii)) and the Davis -Bacon poster (WH-1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
ii. Frequently recurring classifications
A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that:

1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

2. The classification is used in the area by the construction industry; and

3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR

5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance
A. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate Previous editions obsolete
9 Form HUD -4010,
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and fringe benefits is appropriate only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

2. The classification is used in the area by the construction industry; and

3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

B. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

C. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 —day period that additional time is necessary.

D. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 —day period that additional time is necessary.

E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C) and (D). The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. iv. Fringe benefits not expressed as an hourly rate
Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

Previous editions obsolete
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2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
D. A contractor's assignee(s);
E. A contractor's successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any Previous editions obsolete
11 Form HUD -4010,
(10/2023)

costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii. Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts -covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).

C. Statement of Compliance Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;

2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without Previous editions obsolete 12
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rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by 29 CFR 5.5(a)(3)(ii)(C).

E. Signature The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.

F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iv. Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)—(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.

B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.

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C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.

C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.

D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. ii. Equal employment opportunity The use of apprentices and journey workers under this part Previous editions obsolete
14 Form HUD -4010,
(10/2023)

must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.

B. Contract Work Hours and Safety Standards Act (CWHSSA) Previous editions obsolete
15 Form HUD -4010,
(10/2023)

The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms "laborers and mechanics" include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).

3. Withholding for unpaid wages and liquidated damages
i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:

A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; D. A contractor's assignee(s);
E. A contractor's successor(s); or
Previous editions obsolete
16 Form HUD -4010,
(10/2023)

F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5 Anti -retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5;
ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5.

C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.

D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower -tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text.

E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by Previous editions obsolete
17 Form HUD -4010,
(10/2023)

operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.

F. HEALTH AND SAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds
$100,000.

1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.

3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

Previous editions obsolete
18 Form HUD -4010,
(10/2023)

EXHIBIT B-2

FEDERAL PREVAILING WAGE DECISION
(CA mod. )
Insert most recent, (10 days prior to bid opening) wage decision at this point.

LABOR STANDARDS REQUIREMENTS - PRECONSTRUCTION PHASE. A construction project covered by Federal Labor Standards Provisions (HUD -4010) requires a series of specific actions prior to the actual start of construction. Those actions are:
a. obtaining an applicable Davis -Bacon wage determination for the project; b. including that wage determination (and any modifications) in the bid documents where there is competitive bidding or in invitations for proposals; and c. including appropriate labor standards provisions and the wage determination in the construction contract.

CONSTRUCTION WAGE DETERMINATION - DEFINITION. All construction bid documents and contracts, or analogous instruments covered by the Federal Labor Standards Provisions (HUD - 4010) must contain a current and applicable wage determination issued by the Department of Labor. The term "wage determination" includes the original decision and any subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions of the original decision.

Reference: Handbook 1344.1 Federal Labor Standards Compliance in Housing and Community Development Programs; paragraph 2-1, section 1 paragraph 1-1.

OBTAINING WAGE DETERMINATIONS
The Riverside County Department of Housing & Workforce Solutions (HWS) will be responsible to obtain and provide the appropriate Federal wage determination from the U.S. Department of Labor (DOL) for this project. The appropriate wage determination will be the most current determination, applicable for Riverside County and the construction type, that is effective ten (10) days before the opening of bids. Wage determinations shall be effective (locked -in) on the date that bids are opened provided that the contract is awarded within 90 days after bid opening. If the contract is awarded more than 90 days after bid opening, the wage determination shall be updated as of the date of award. If construction starts more than 90 days after contract award, the wage determination shall be updated as of the construction start date.

SEE APPENDIX B FOR PREVAILING

WAGE DETERMINATION

EXHIBIT B-3
(Mayor)
(NAME)

CONTRACTOR

PROJECT SIGN
(For Community Development Block Grant Funded Projects) Required for all Projects $25,000 or over
(4' X 8')
[Contact HWS for City CDBG Funded Project]

COUNTY OF RIVERSIDE

DEPARTMENT OF HOUSING & WORKFORCE SOLUTIONS
SUPERVISOR (Enter First and Last Name)
(Enter District #1-5) DISTRICT
(Enter Project Name)
$000,000.00
City of XXXXXXX
(City Manager)
Figure 1 Change to your
City's Logo
(NAME)

ENGINEER/ARCHITECT
FUNDED BY: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

EQUAL OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER
EXECUTIVE ORDER 11246 AND SECTION 3 OF HOUSING AND URBAN DEVELOPMENT ACT OF 1968, AS AMENDED

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 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).

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 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.

16. Violence Against Women Act (VAWA): VAWA provides housing protections for survivors of domestic and dating violence, sexual assault and stalking ('domestic violence"). VAWA 2022 reauthorizes, amends, and strengthens the VAWA of 1994, as amended (Pub. L. 103-322, tit. IV, sec. 40001-40703; 34 U.S.C. 12291 et seq.) HUD's implementing regulations for VAWA'S protections, rights, and responsibilities are codified in 24 CFR part 5, subpart L, and related provisions in HUD's program regulations (HUD's VAWA regulations). VAWA 2022 amendments took effect on October 1, 2022 and 2022 VAWA's reauthorization includes new implementation requirements. Grantees, subrecipients and developers shall ensure compliance with all requirements of VAWA including but not limited to: (a) Assure domestic violence survivors are not denied assistance as an applicant, or evicted, or have assistance terminated as a tenant because applicant or tenant is or has been a victim of domestic violence; (b) Implement an emergency transfer plan allowing domestic violence survivor to move to another safe and available unit; (c) Provide protections against denial, terminations, and evictions that directly result from being a victim of domestic violence; (d) Implement a low barrier certification process and allow self -certification of domestic violence.

EXHIBIT B-4
Required Bid Form

CERTIFICATION OF BIDDER

REGARDING NONSEGREGATED FACILITIES
Project Name:

Name of Bidder:

The above -named Bidder hereby certifies that:

I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise.

I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000.

Signature:

Name (Print):

Title:

Date:

EXHIBIT B-5
0 COUNTY OF RIVERSIDE'S

DEPARTMENT OF HOUSING AND WORKFORCE SOLUTIONS
SECTION 3 PROGRAM

OVERVIEW AND REQUIREMENTS
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 or residents of the community in which Federal assistance is spent.

APPLICABILITY
• Recipients and sub -recipients of Section 3 covered assistance, including contractors and subcontractors that perform work on Section 3 covered contracts/projects, are required to comply with Section 3 requirements. • Section 3 requirements do not apply to contractors who furnish only materials or supplies and do not undertake the installation of the materials or supplies.

SECTION 3 GOALS
Contracts over $200,000 trigger Section 3. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 residents and business concerns to meet these safe harbor benchmarks:

1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and

2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers.

Contractors and subcontractors must make their best efforts to provide employment and training opportunities to Section 3 Workers and document such efforts to realize the Section 3 benchmarks. Contractors and subcontractors will be considered to have complied with Section 3, if they meet or exceed the Section 3 benchmarks, or certify that they have followed the prioritization of efforts in 24 CFR 75.9 and 24 CFR 75.19.

SECTION 3 REQUIREMENTS FOR BIDDERS/PROPOSERS
Section 3 Project Implementation Plan
I. Submittal of Section 3 Implementation Plan:

Bidder/Proposer AND its first -tier subcontractors are to submit a completed Section 3 Implementation Plan in bid. A "non -responsive" determination may be made due to non -submittal.

II. Submittal of Supporting Documentation:

Bidder/Proposer AND its first -tier subcontractors whose Utilization Plans indicate no subcontract awards to certified Section 3 Business Concerns will be required to submit, upon request by HWS supporting documentation for review and approval verifying efforts to outreach to and award subcontracts to Section 3 Business Concerns. A "non -responsive" determination shall be made due to a lack of documented outreach to Section 3 Business Concerns by the Bidder/Proposer.

Bidder/Proposer may be deemed "non -responsive" if Implementation Plan indicates the following:
(1) Existing employees do not meet the definition of a Section 3 Worker; and (2) Bidder/Proposer does not agree to make a documented good faith effort to hire Section 3 Workers (when there is a need to hire new employees).

0 SECTION 3 REQUIREMENTS FOR AWARDEES
Section 3 Contract Language
All Section 3 covered contracts and subcontracts shall include the following language:

I. 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 USC.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. 1 1 . 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.
1 1 1 . 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; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

IV. 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 actions, 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.

V. 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.

VI. 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.

VII. 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 USC 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 section 7(b).

OHWS
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SOIU1IONS
Section 3 Quarterly Labor Hours Report
Contractors and subcontractors are to make good faith assessments of employees' labor hours on Section 3 covered contracts/projects for the following:
• Total labor hours worked by all employees (excludes the total labor hours from professional services) • Total labor hours worked by Section 3 Workers
• Total labor hours worked by Targeted Section 3 Workers Contractors and subcontractors are to report their good faith assessments of labor hours on the Section 3 Quarterly Labor Hours Report. Exception: Contractors and subcontractors whose contracts are subject to prevailing wage laws are to submit their weekly certified payroll reports, instead of the Section 3 Quarterly Labor Hours Report.

Compliance Monitoring
Section 3 compliance monitoring will be performed by HWS Section 3/EOC Unit. Contractors and subcontractors who submitted approved Utilization Plans shall maintain their approved percentages of Section 3 participation throughout the term of the contract/project. Contractors and/or subcontractors whose Utilization Plans projected no new hires must, to the greatest extent feasible, hire certified Section 3 Workers or Targeted Section 3 Workers, when the need to hire occurs.

FREQUENCY OF MONITORING
Contract Description
Contract Award/
Negotiation
Monthly
Quarterly
Completion
Construction and Maintenance (subject to prevailing wage) X
X
X
Non -Construction ( 3 months' performance)
X
X
X
Noncompliance with HUD's regulations in 24CFR75 may result in sanctions, termination of contract for default, and debarment or suspension from future HUD -assisted contracts.

Housing & Workforce Solutions 3403 Tenth St. Suite 300 Riverside CA 92501 951-955-1161 Rivcoeda.org/Departments/Housing/Community Development Block Grant/Community Development Section 3 Program

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EXHIBIT B-6
Required Bid Form
Section 3 Project Implementation Plan
General Submittal Instructions:

Bidder/Proposer AND its first -tier subcontractors are to submit a completed Section 3 Implementation Plan(s) in bid. If not, A "non -responsive" determination may be made due to non -submittal.

Project Information:

Project Name:

Bid/Solicitation #:

Contractor
Subcontractor Information
Company Name:

Address:

Authorized Representative:

Title:

Phone:

Email:

Proposed Dollar Value of Contract or Subcontract:

List if ELBE, DBE, DVBE, MBE, SB, SLBE or WBE (or "N/A" if non -applicable):

Section 3 Requirements
Employment and Training
To the greatest extent feasible, employment and training opportunities arising in connection with Section 3 projects shall be provided to Section 3 workers within the County of Riverside. Where feasible, priority for employment and training will be given to:

1. Section 3 workers residing within the service area or neighborhood of the project, and

2. Participants in YouthBuild programs.

Contracting
To the greatest extent feasible, work contracts awarded in connection with Section 3 projects shall be provided to business concerns that provide economic opportunities to Section 3 workers residing within the County of Riverside. Where feasible, priority for contracting opportunities will be given to:

1. Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and

2. YouthBuild programs.

Compliance Benchmarks
To demonstrate compliance with Section 3, contractors are required to follow the prioritization of effort outlined above and meet or exceed the following safe harbor benchmarks:

1. 25 percent or more of the total number of labor hours worked by all workers on the project shall be performed by Section 3 workers, and

2. 5 percent or more of the total number of labor hours worked by all workers on the project shall be performed by Targeted Section 3 workers.

Definitions
• Section 3 worker: Any worker who currently fits or when hired within the past three years fits at least one of the following categories, as documented:
(1) The worker's income for the previous or annualized calendar year is below the income

1 MOUSING /MO
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EXHIBIT B-6
(Continued)
Section 3 Project Implementation Plan
limit established by HUD (see Income Limits table below). (2) The worker is employed by a Section 3 business concern. (3) The worker is a YouthBuild participant.
• Targeted Section 3 worker: A Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired within the past three years fit at least one of the following categories, as documented:
(i) Living within the service area or the neighborhood of the project; or (ii) A YouthBuild participant.
• Service area or the neighborhood of the project: An area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.

HUD Income Limits
The table below shows the income limits set by HUD that determine eligibility for certain programs, including Section 3. HUD develops income limits based on Area Median Income (AMI) estimates and Fair Market Rent (FMR) area definitions. For more information, please see the HUD Income Limits Documentation System online at www.huduser.gov/portal/datasets/il.html .

Riverside County, CA MSA
Fiscal Year
2023
2022
2021
Low-income
(80% AMI)
$52,000
$49,300
44,250

1. Does your business qualify as a Section 3 business concern? ❑ YES NO
If you answered YES, complete the attached Section 3 Business Concern Form (Pg. 6), and submit with this Plan.

A Section 3 business concern is a business that satisfies at least one of the following criteria, as documented within the last six-month period:
a. The business is at least 51% owned and controlled by low- or very low-income persons; b. The business is at least 51% owned and controlled by residents who currently live in public housing or Section 8 -assisted housing; or
c. Over 75% of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers — i.e., workers who currently are, or when hired within the past three years were:
(i) low-income persons or
(ii) YouthBuild participants.

2. Do you have current employees whose annual income is below the income limit? See HUD Income Limits table. n YES NO
If "YES," prior to contract execution, the names of qualifying employees shall be provided to HWS.

3. Do you plan to hire new employees to perform on or support the contract, if awarded the contract? YES NO

2 _M1 y e NOYtING ANO
EXHIBIT B-6
(Continued)
Section 3 Project Implementation Plan
If "YES," at a minimum, you must contact the HWS Section 3 Unit at [email protected] to obtain examples of qualitative efforts to create employment.

4. Do you agree that when there is a need to hire new employees, a documented good faith effort shall be made to hire Section 3 Workers? YES NO
Implementation Plans that indicate a "No" response for question #4 may be deemed "non- responsive."

5. How many workers are needed to complete the project? Please list the job classifications and number of workers your company will need to complete the contract work. Attach additional sheets if necessary.

Job classification
(Office/Clerical, Manager, Engineer,
Technician, Supervisor/Foreman,
Electrician, Plumber, Laborer, Trainee,
Security, etc.)
Total estimated
number of
workers needed
Number of
workers in current
workforce
Estimated
number of
additional
workers needed

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EXHIBIT B-6
(Continued)
Section 3 Project Implementation Plan

8. Will you be using subcontractors on this project? ❑ YES ❑ NO If "Yes", Bidder/Proposer is required, to the greatest extent feasible, to outreach to and award subcontracts to Section 3 Business Concerns. AT A MINIMUM. YOU MUST, CONTACT THE HWS SECTION 3/EOC UNIT AT [email protected] OR GO TO https://rivcoeda.org/Departments /Housing/ Community-Development-BlockGrant/CommunityDevelopment /Section -3 -Program TO OBTAIN "Examples of Efforts to Create Employment and Contracting Opportunities." Section 3 Business Concerns must complete the Section 3 Business Concern Form and must be certified by HWS. For ELBE, SLBE, SB, DBE, MBE, WBE or DVBE firms, please attach a copy of their certification(s). List ALL proposed subcontractors (including subconsultants) for this project on the table below.

Business name
Scope of work (trade or
service description)
Section 3
business?
Yes / No
Estimated contract
value
$
$
$
$
$
$
$
$
$
$
$
$
$

4. Do you commit to engage in good faith efforts to meet or exceed the Section 3 Benchmarks? YES NO
Such qualitative efforts may include, but are not limited to:
• Applicant Outreach —
• Engage in outreach efforts to generate job applicants who are Targeted Section 3 workers, including posting job openings at the job site, HUD Opportunity Portal, social media pages, and other platforms.

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EXHIBIT B-6
(Continued)
Section 3 Project Implementation Plan
• Clearly indicate Section 3 eligibility on all job postings, notifications, and advertisements with the following statement: "This is a Section 3 eligible job opportunity. We encourage applications from individuals that are low-income, live in public housing, and/or receive a Section 8 voucher."
• Include the Section 3 Worker Self -Certification form in all job postings. • One -Stop / YouthBuild Outreach — Engage in outreach or referrals with local YouthBuild programs, or other community organizations to assist with training and recruiting Section 3 and Targeted Section 3 workers.
• Training and Apprenticeship — Provide training or apprenticeship opportunities. • Job Fairs — Hold one or more job fairs or sponsor a job informational meeting in the project area. • Business Concern Outreach —
• Engage in outreach efforts to identify and secure bids from Section 3 businesses by advertising notices of contracting opportunities and related information in local community papers.
• Provide written notice to all known Section 3 business concerns, with sufficient time for interested businesses to respond to bid invitations.
• Send notice of contracting opportunities to local community development organizations, business development organizations, or minority contracting associations. • State clearly in all notices that the contracting opportunity is Section 3 eligible and include a copy of the Section 3 Business Concern Certification form. • Competition Assistance — Provide technical assistance to help Section 3 business concerns understand and bid on contracts.
• Contract Sizing — Size, split, or divide contracts into smaller jobs to facilitate participation by Section 3 business concerns, particularly where economies of scale or efficiency of delivery are not factors. [2 CFR 200.321(b)(3)]
• Bidder Viability Support — Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
• Business Registries — Promote the use of business registries designed to create opportunities for disadvantaged and small businesses.

Additional activities and efforts aimed at increasing economic opportunities for Section 3 workers and businesses may include, but are not limited to:
• Employment Assistance — Provide technical assistance to help Section 3 workers compete for jobs, or connect them with assistance in seeking employment, including resume assistance, interview preparation, coaching, or job placement services.
• Work Readiness and Retention — Provide or refer Section 3 workers to services supporting work readiness and retention, such as interview clothing, licensing or testing fees, transportation, or childcare.
• Financial Literacy — Help Section 3 workers obtain financial literacy training or coaching. • Education Assistance — Assist Section 3 workers to apply for or attend community college, four- year educational institution, or vocational/technical training.

5. Do you commit to prioritize your efforts in hiring, training, and contracting as required by the Section 3 regulations and outlined on page 1 of this Plan? ❑ YES ❑ NO

5 0 1.44". 111. https://www.huduser.gov/portal/datasets/il.html.) Company Name:

Contact Person:

Address:

City:

State:

Zip:

Phone:

Email:
n I have reviewed the above information and my business MAY QUALIFY as a Section 3 Business. Please contact me about completing an application and certification.

Signature of Business Owner
Date
6

EXHIBIT B-7
Required Bid Form
0 Certification for Section 3 Compliance
(Required for Bidder and all Subcontractors)
Project Information:

Project Name:

Bid/Solicitation #:

Contractor/Subcontractor Information:

Company Name:

Address:

Authorized Representative:

Title:

Phone:

Email:

1. By completing and signing this form, I agree to comply with all applicable requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 75) and HWS' Section 3 requirements.

INITIAL HERE

11. I understand that "to the greatest extent feasible," work contracts awarded in connection with Section 3 projects shall be provided to business concerns that provide economic opportunities to Section 3 workers following the prioritization efforts outlined in Section 3 regulation.

INITIAL HERE
111. I understand that in the event any new employment opportunities are created as a result of this CDBG- funded project then "to the greatest extent feasible" employment and training opportunities shall be provided to Section 3 workers following the prioritization efforts outlined in Section 3 regulation.

INITIAL HERE
IV. I understand the safe harbor benchmarks for Section 3 compliance and that if these benchmarks are not met the contractor will be required to report on the qualitative efforts made to meet the benchmarks.

INITIAL HERE
V. I understand that I will be required to make good faith assessments of employee labor hours on Section 3 covered projects and submit quarterly and final Section 3 reports and supporting documentation.

INITIAL HERE
VI. I understand that any and all sub -contracts and sub -tier agreements resulting from this CDBG-funded project are also subject to Section 3 compliance and that it will be the General/Prime Contractor's responsibility to ensure compliance from all subcontractors.

INITIAL HERE
VII. I understand that noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of contract for default, and debarment or suspension from future HUD -assisted contracts.

INITIAL HERE
1 declare that all statements contained in this form and any accompanying documents are true and correct and made with full knowledge that all statements given are subject to investigation and that any false or dishonest answer to any question may be grounds for denial or revocation of funding or other penalties as prescribedunder 18 U.S. Code § 1001.

Name of President or Authorized Officer Company Name
Signature and Title Date

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SOLUTIONS
EXHIBIT B-8
Required Bid Form

BIDDER CERTIFICATION ON

FEDERAL CONTRACT REQUIREMENTS
Project Name: Bid/Solicitation #:

CERTIFICATION:

I hereby certify that I have reviewed and understand the diversified Federal construction contract - related requirements imposed on the Contractor(s) of HUD -funded construction projects, including but not limited to the following:

1. The subject project is being financed with Community Development Block Grant funds (24 CFR Part 570); and

2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development's Federal Labor Standards Provisions (HUD 4010 — revised 10/2023); and

3. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and

4. If my bid is $200,000 or more, this project and all related contracts will be subject to Section 3 requirements (12 U.S.C.1701u); and

5. If the project is $250,000 or more, this project and all related contracts will be subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC 8301).

CONTRACTOR'S NAME:

CONTRACTOR'S LICENSE NO.:

ADDRESS:

AUTHORIZED REPRESENTATIVE: (Print Name)
SIGNATURE:

DATE:

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EXHIBIT B-9
Required Bid Form

QUESTIONNAIRE REGARDING BIDDERS
Bidder has been engaged in the contracting business under the present name of , since (Date).

Present business address is:

Federal Tax ID: Amount of Bid $
California Contractor's License No.: Expiration Date:

UEI Number: or CAGE Code:

Because this project is Federally funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.

A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more "minority -owned". Please check the applicable box concerning the ownership of your business:
❑ American Indian or Native Alaskan
❑ Asian or Pacific Islander/Native Hawaiian
❑ Black/African American
❑ Hispanic
❑ White
❑ Hasidic Jews
❑ Other
A woman -owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman -owned. Please check applicable box concerning the ownership of your business:
❑ Woman/Female owned ❑ Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
❑ Section 3 Business concern ❑ Non -Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.

EXHIBIT B-10
Required Bid Form

LIST OF SUBCONTRACTORS
SUBCONTRACTOR FED. I.D.# AMOUNT ADDRESS/PHONE NO.

SUPPLIERS
NAME OF SUPPLIER ADDRESS/PHONE NO. CONTRACT AMOUNT
If the project is $250,000 or more, this project and all related contracts will be subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC 8301).

This form is to be completed and submitted with the bid package.

POST CONTRACT AWARD FORMS

EXHIBIT PA -1

PERFORMANCE BOND
Recitals: 1.
(Contractor)
has entered into an Agreement dated with
for construction of public work known as
(Project)

2. ,a
oration (Surety), is the Surety under this Bond Agreement:

We, Contractor, as Principal, and Surety, jointly and severally agree, state, and are bound unto Owner, as obligee, as follows:

1. The amount of the obligation of this Bond is 100% of the estimated contract price for the project of $ and insures to the benefit of Owner.

2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in strict conformance with the Contract Documents for the Project, otherwise it remains in full force and effect for the recovery of loss, damage and expense of Owner resulting from failure of Contractor to so act. All of said Contract documents are incorporated herein.

3. This obligation is binding on our successors and assigns.

4. For value received. Surety stipulates and agrees that no change, time extension, prepayment to Contractor, alteration or addition to the terms and requirements of the Contract Document or the work to be performed thereunder shall affect its obligations hereunder and waives notice as to such matters, except the total contract price cannot be increased by more than 10% without approval of Surety.

THIS BOND is executed as of
Date
By By
By Type Name
Its Attorney in Fact "Surety"
Title
Contractor
Note: This Bond must be executed by both parties with corporate seal affected. All signatures must be acknowledged. (Attach acknowledgments)

EXHIBIT PA -2

PAYMENT BOND
(Public Work - Civil Code 3247 et seq.)
The makers of this Bond arc as
Principal and Original Contractor and , a
corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in conjunction with that certain public works contract dated between Principal and
public entity, as Owner; for the BOND is one hundred percent (100%) of said sum. Said contract is for public work generally consisting of
a
The beneficiaries of this Bond are as stated in 3248 of Civil Code and the requirements and conditions of this Bond are as is set forth in 3248, 3249, 3250 and 3252 of said Code. Without notice, Surety consents to extension of time for performance, change in requirements, amount of compensation, prepayment under said contract Dated
Original Contractor - Principal
By
Surety
By Title
(If corporation - affix seal)
(Corporate Seal)

STATE OF CALIFORNIA

COUNTY OF ) SS SURETY'S ACKNOWLEDGMENT
On before me personally appeared
known to me to be the person whose name is subscribed to the within the instrument as attorney in fact of , a corporation, and acknowledged that he
subscribed the name of said corporation thereto, and his own name is its attorney in fact.

Riverside County Counsel
Approved Form 1-9-74
Notary Public (Seal)

EXHIBIT PA -3

SUBCONTRACTOR QUESTIONNAIRE
Subcontractor has been engaged in the contracting business under the present name of: , since
Present business address is:

Federal Tax ID: Amount of Subcontract $
(Date).

State of California Contractor's License No.:

Expiration Date:

Because this project is Federally funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.

A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more "minority -owned". Please check the applicable box concerning the ownership of your business:
❑ American Indian or Native Alaskan
❑ Asian or Pacific Islander/Native Hawaiian
❑ Black/African American
❑ Hispanic
❑ White
❑ Hasidic Jews
❑ Other
A woman -owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman -owned. Please check the applicable box concerning the ownership of your business:
❑ Woman/Female owned ❑ Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51 %) owned by a low or very low-income person, or a business concern that over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
❑ Section 3 Business concern ❑ Non -Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.

EXHIBIT PA -3 (Cumulative)

DEPARTMENT OF HOUSING & WORKFORCE SOLUTIONS
HWS Use Only
Project Name:

File #

CDBG / ESG / HOME PROGRAMS
Contractor / Sub -Contractor Questionnaire
Note: The information requested is used to compile data required by HUD for Federally funded projects. The information is used by HUD to monitor and evaluate Minority Business Enterprise activities against the total program activity and the designated minority business enterprise (MBE) goals.

Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law.

Amount of
Contract or
Subcontract
Contractor or
Subcontractor
Business
Racial /
Ethnic
(see below)
Type of
Business
1-9
Woman
Owned
Business
(Y or N)
Prime
Contractor
Identification
(ID) Number
Subcontractor
Identification
(ID) Number
Sec. 3
(Y or N)
Contact Person
Contractor / Subcontractor Name and Address
Name
State
Street 1 City
Racial / Ethnic Codes:
1 = White Americans
2 = Black Americans
3 = Native Americans
4 = Hispanic Americans
5 = Asian / Pacific Americans
6 = Hasidic Jews
Type of Business / Trade Codes
1 = New Construction
2 = Substantial Rehab
3 = Repair
4 = Repair
5 = Project Management
6 = Professional
7 = Tenant Services
8 = Education Training
9 = Arch / Eng Appraisal
0 = Other
Section 3: Yes / No
A Section 3 Contractor or subcontractor is
a business concern that provides economic
opportunities to low and very low-income
residents of the metropolitan area (or non -
metropolitan county), including a business
concern that is 51 percent or more owned
by low-income residents.

PRINT NAME:

SIGNATURE:

DATE:

EXHIBIT PA -4

CERTIFICATION OF SUBCONTRACTOR

REGARDING NONSEGREGATED FACILITIES
Project Name:

Name of Subcontractor:

Name of General Contractor:

The above -named Subcontractor hereby certifies that:

I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, wash rooms, restaurants, and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise.

Signature:

Name (Print):

Title:

Date:

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EXHIBIT PA -5
SECTION 3

LIST OF PERMANENT EMPLOYEES
This form is required for all Section 3 -triggered projects (over $200,000) and must be submitted prior to contract execution and again with the final Section 3 compliance report.

Project Name
Today's Date
Please list all current permanent employees (both full and part-time) employed by your company (or local/regional office), as well as employees of all subcontractors working on this project. Use additional sheets as necessary. A computer -generated employee registry can be provided in lieu of this form if it includes the worker's name, employer and job category and indicates Section 3/targeted Section 3 status.

No
Name of Worker
(Identifying by worker name or
worker identification number is
appropriate.)
Employer
(Indicate if the worker is employed
by general/prime contractor or
identify applicable subcontractor.)
Job
Category/Trade
Section
3 Worker
(Y/N)
Targeted
Section 3
Worker
(Y/N)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25

0 EXHIBIT PA -5 (Continued)
Section 3 Worker Employer Certification
Contractors on Section 3 projects must submit this form for each employee reported as a Section 3 worker or Targeted Section 3 worker, as defined in 24 CFR 75.5.

Section 3 Worker Name:

Address:

Position/Job Title:

Project:

Employer Name:

Authorized Representative Name and Title:

Employer Phone #:

Employer Email:

Section 3 Eligibility:

1. Does this employee qualify as a Section 3 worker per 24 CFR 75.5? YES NO
Section 3 worker means any worker who currently fits, or when hired within the past three years fit, at least one of the following criteria, as documented (check all that apply):
n The worker's income for the previous or annualized calendar year is below the limit established by HUD (see below, or refer to www.huduser.gov/portal/datasets/il.html) . n The worker is employed by a Section 3 business concern.

The worker is a YouthBuild participant.

HUD Income Limits
Riverside County, CA MSA
Fiscal Year
2023
2022
2021
Low-income
(80% AMI)
$52,000
$49,300
44,250

2. Does this employee qualify as a Targeted Section 3 worker per 24 CFR 75.21? ❑ YES ❑ NO A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is (check all that apply):
❑ A worker employed by a Section 3 business concern; or ❑ A worker who currently fits or when hired fit at least one of the following categories, as documented within the past three years:
n Living within the service area or neighborhood of the project, as defined in 24 CFR Part 75.5; or ❑ A YouthBuild participant. (If checked, attach a copy of the employee's self -certification.) HWS reserves the right to request additional documentation at any time to verify the information provided on this form.

Certification:

By submitting this form, I hereby certify under penalty of perjury that the information provided above is true and correct, and that I am authorized on behalf of the company to make this certification. I agree to provide documentation verifying the employee's Section 3 eligibility to HWS if requested.

Authorized Representative: Title:

Signature: Date:

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EXHIBIT PA -6

DOCUMENTATION OF QUALITATIVE EFFORTS
This form is required for all Section 3 -triggered projects (over $200,000) and must be submitted prior to contract execution. Please fill out this form completely. Attach additional pages if needed.

Project Name
Today's Date

1. Describe all efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, to Section 3 workers. Attach additional pages if needed.

Attach supporting documentation such as:
• Copies of all publications, notices, pictures of posted notices, and other outreach materials. • List of all Section 3 workers that responded to your responded to your outreach efforts (e.g., submitted job applications, phone logs, etc.); were any of them hired? If not, please explain why.

2. Describe all efforts made to notify Section 3 businesses of any subcontracting opportunities generated by HUD financial assistance for this project, to the greatest extent feasible. Attach additional pages if needed.

Attach supporting documentation such as:
• List of Section 3 business included in solicitation and documentation of efforts (emails, letters, phone, logs, etc.).
• List of Section 3 businesses that responded to your solicitation and/or outreach efforts; were any ofthem hired? If not, please explain why.
• Copies of all publications, notices, pictures of posted notices, and any other outreach material utilized.

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DOCUMENTATION OF QUALITATIVE EFFORTS
EXHIBIT PA -6
(Continued)

3. Describe all additional qualitative efforts made to comply with Section 3 requirements. See below for examples.

Attach all applicable supporting documentation.

4. If there are employment opportunities associated with your project, include a draft of the proposed signage.

Section 3 signage should be posted at the construction site. Signage must be large enough to be visible from the street. The sign must (a) identify the name of the project, (b) state the project is a HUD Section 3 Project, and (c) include the name, phone number and email address of an appropriate point of contact regarding employment opportunities.

EXHIBIT PA -7

CDBG PROJECT LABOR CLASSIFICATION

AND WAGE RATE
PROJECT NAME:

PROJECT NUMBER:

COMPANY NAME:

WAGE DECISION NUMBER/MODIFICATION
NUMBER:

WORK CLASSIFICATION
BASIC
HOURLY

RATE (BHR)
FRINGE

BENEFITS
TOTAL
HOURLY
RATE

LABORER
FRINGE BENEFITS:
$

BRICKLAYER
$
GROUP #
BHR
TOTAL
WAGE

CARPENTERS
$
$

CEMENT MASONS
$
$

DRYWALL HANGERS
$
$

ELECTRICIANS
$
$

IRONWORKERS
$
$

PAINTERS
$

OPERATORS
FRINGE BENEFITS:
$

PLUMBERS
$
GROUP #
BHR
TOTAL
WAGE

ROOFERS
$
$

SHEET METAL WORKERS
$
$

SOFT FLOOR LAYERS
$
$

TILE LAYERS
$
$

LANDSCAPE/ IRRIGATION

FITTERS
$

TRUCK DRIVER

FRINGE BENEFITS
$

OTHER CLASSIFICATIONS
GROUP #
BHR
TOTAL
WAGE
$
$
$
ADDITIONAL CLASSIFICATIONS (HUD Form 4230-A) (Must be approved by HUD and DOL)

WORK CLASSIFICATION
BASIC
HOURLY

RATE (BHR)
FRINGE

BENEFITS
TOTAL
HOURLY
RATE

DATE OF HUD

SUBMISSION TO
DOL

DATE OF DOL

APPROVAL

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

BEAUMQNT
04 SPECIAL CONDITIONS
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
47

City of Beaumont
Special Conditions

BEAUMONT
Citywide Sidewalk Improvements
CIP R-24
-C A L, F O R N I A. -

SPECIAL CONDITIONS

CONTENTS
SC -01. PROJECT PHASING AND COORDINATION WITH THE PUBLIC 1 SC -02. LANDSCAPE OBSTRUCTIONS 1
SC -03. PRECONSTRUCTION PHOTOS AND VIDEO. 1
SC -04. COORDINATION WITH BEAUMONT CHERRY VALLEY WATER DISTRICT.. 1 SC -05. CONTRACTOR STAGING AREA/MATERIAL STORAGE AREA. 2 SC -06. INSPECTOR'S FIELD OFFICE. 2
SC -07. PROJECT MEETINGS. 2
SC -08. RECESSED PLATES. 2
SC -09. ENCROACHMENT PERMIT 2
SC -10. SCE COORDINATION 2

SPECIAL CONDITIONS
1

City of Beaumont
Special Conditions
Citywide Sidewalk Improvements
BEAUMONT CIP R-24
SC -01. PROJECT PHASING AND COORDINATION WITH THE PUBLIC. This project will have an impact on the residents and property owners where the work will be performed. The City will be doing community outreach and having direct communications with the property owners for this project. The Contractor will also be responsible for public notification as described in the Technical Provisions. Under no circumstances shall work begin in front of a property until the contractor has performed their public notification responsibilities, and also confirmed with the City that the property owners have been contacted and are aware of the work that will be performed. The contractor shall continuously notify the City at least three weeks in advance of each area they plan to work. The contractor shall phase the project in such a way that the City and the contractor shall have sufficient time to notify the public.

If the City receives complaints from individuals or agencies affected by the project; the Contractor shall take immediate action to correct the situation as directed by the City. If the Contractor receives complaints directly, the Contractor shall immediately notify the City Inspector. Thereafter, the Contractor shall take immediate action to correct the situation as directed by the City.

SC -02. LANDSCAPE OBSTRUCTIONS. Many sections of sidewalk will require removal of existing landscaping, including but not limited to decorative rock, bricks, block walls, bushes, shrubs, grass, irrigation, concrete steps, pavers, wooden fences, chain -link fences, and other similar obstructions. Work descriptions by address are provided in the Appendices for each address on this project. These have brief descriptions of potential landscape obstructions, potential cuts and fills, and other items not detailed in the Drawings. These are only provided for reference, and the Contractor shall walk the project thoroughly to verify and account for anything not detailed in the work descriptions.

The Contractor's bid price shall account for this work as described in the Technical Provisions, and no additional compensation shall be provided.

SC -03. PRECONSTRUCTION PHOTOS AND VIDEO. The Contractor shall take preconstruction photos of the entire project site and shall prepare a full color pre - construction video recording of the project site with the Inspector present prior to mobilizing. Photos and video shall be submitted to the City for review and acceptance.

SC -04. COORDINATION WITH BEAUMONT CHERRY VALLEY WATER DISTRICT.

The Contractor shall coordinate with the Beaumont Cherry Valley Water District for the relocation of any hydrants, blow -offs, air -vacs, or water services that conflict with the installation of the new sidewalk. Necessary relocations are noted in the Drawings. All costs for coordination with the Water District shall be included in the Contractor's Bid Price.

SPECIAL CONDITIONS
1

City of Beaumont
Special Conditions
Citywide Sidewalk Improvements
BEAUMONT CIP R-24
SC -05. CONTRACTOR STAGING AREA/MATERIAL STORAGE AREA. There is no specific contractor staging area or material storage area identified for this project. It is anticipated that no equipment or material can be stored within the right-of-way for this project. It is the Contractor's responsibility to locate a suitable staging area, material storage area and/or contractor yard in order to effectively execute the Contract work. All costs for this task shall be included in the bid proposal and no additional compensation will be allowed.

SC -06. INSPECTOR'S FIELD OFFICE. No Inspector's Field Office is required for this project. The requirements of GC -29 shall be deleted.

SC -07. PROJECT MEETINGS. The Engineer will schedule monthly progress meetings for the project for the duration of the project. The Contractor's project manager and project superintendent or qualified representative shall attend all progress meetings. As warranted, a representative from the Contractor's sub -consultants or suppliers shall attend. The Contractor shall provide a three week look ahead schedule based on the approved and updated master contractor schedule at each progress meeting. The progress meetings will be held at the City Hall offices. At the Engineer's sole option, the progress meetings may be held at other locations.

From time to time as project conditions warrant, the Engineer may call for additional field meetings. The meetings will be held at the job site. The Contractor's field superintendent shall attend all field meetings.

All costs associated with all project and field meetings shall be included in the applicable bid item(s) on the Bidding Sheet, and no additional compensation shall be made therefore.

SC -08. RECESSED PLATES. Any steel plates placed on the job within existing pavement shall be recessed and flush with existing pavement.

SC -09. ENCROACHMENT PERMIT. All proposed work is within the City's existing rights - of -way. The Contractor shall obtain from the City a no -cost encroachment permit for the project. The Contractor shall submit prepare and submit a permit application and all applicable data to the City prior to construction activities. All costs associated with obtaining and maintaining this permit shall be included in the applicable bid item(s) on the Bidding Sheet, and no additional compensation shall be made therefore.

SC -10. SCE COORDINATION. SCE pole relocation is not a part of this project, and no SCE permits have been acquired by the City. Where SCE poles conflict with the proposed sidewalk, the proposed path of travel shall go behind the SCE poles per Riverside County

SPECIAL CONDITIONS
2

City of Beaumont
Special Conditions
Citywide Sidewalk Improvements
BEAUMONT CIP R-24
and ADA Standards, as noted in the Drawings. In some locations, there are guy wires and small service poles (bringing service to a home) that conflict with the proposed sidewalk. Where possible, and as noted in the Drawings, the Contractor should coordinate with SCE to relocate these guy wires and service poles in order to meet ADA requirements.

SPECIAL CONDITIONS
3

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

BEAUMONT
05 TECHNICAL SPECIFICATIONS
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
48

City of Beaumont
Technical Specifications

BEAUMONT
Citywide Sidewalk Improvements CIP R-24

TECHNICAL PROVISIONS

TABLE OF CONTENTS
TPO1. NOTIFICATION OF RESIDENTS AND BUSINESSES 2
TP02. SOUND REQUIREMENTS 2
TP03. TRAFFIC CONTROL 3
TP04. WATER POLLUTION CONTROL 7
TP05. MOBILIZATION 10
TP06. TEMPORARY CONSTRUCTION SIGN 11
TP07. CONSTRUCTION SURVEY AND MONUMENT PRESERVATION 11
TP08. CONSTRUCTION WATER AND DUST CONTROL 12
TP09. REMOVE CONCRETE 12
TP10. HOT MIX ASPHALT 13
TP11. INSTALL NEW SIDEWALK 13
TP12. PCC PAVEMENT (DRIVEWAY APPROACH) 14
TP13. INSTALL NEW CURB AND GUTTER 15
TP14. REMOVE TREE 16
TP15. MINOR CONCRETE (CURB RAMPS) 16
TP16. CURB RAMP DETECTABLE WARNING SURFACE 19
TP17. CURB INLET CATCH BASIN 20
TP18. CURB OUTLET DRAIN 20
TP19. RELOCATE MAILBOX 20
TP20. RELOCATE CANDLESTICK LIGHT POLE 21
TP21. ADJUST WATER SERVICE METER BOX ELEVATION 21
TP22. GUARANTEE 22
1 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
Citywide Sidewalk Improvements CIP R-24
TPO1. NOTIFICATION OF RESIDENTS AND BUSINESSES
The Contractor shall provide notice of the work, in person and with printed notification (in English and Spanish language), at least ten (10) working days prior to commencing construction activities, to all residents, schools, agencies, firms, institutions, postal service, Transit Authorities, stores, utilities and waste disposal service providers fronting or affected by the work. Additional printed notification (in English and Spanish language) shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking. All schools and churches shall receive seven (7) working days notification prior to performing any work which will restrict property access.

The Contractor shall coordinate with the school district for pick-up and drop-off of school children, with the transit authority for the pick-up and drop off of riders, with waste collection/disposal service providers, with the US postal service to ensure delivery of mail, and with churches for weekly or special activities.

The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the Resident Engineer prior to its distribution.

The Contractor shall also post printed "NO PARKING -TOW AWAY" signs at one -hundred -foot (100') maximum spacing along each side of the affected street for forty-eight (48) hours prior to the commencement of the sidewalk improvement work. The Contractor shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed.

The signs shall contain the day, date, hours and vehicle code section reference that parking will be prohibited on that particular street, CVC 22651L and CVC 22654D. Signs that prohibit or restrict parking shall be removed immediately upon completion of work in the restricted or prohibited area.

The printed notices and the "NO PARKING" signs shall be furnished by the Contractor.

Payment: Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefor.

TP02. SOUND REQUIREMENTS
Sound control shall conform to General Conditions Article 25 and the provisions in Section 3-12.2, "Noise Control," of the Standard Specifications and these special provisions.

The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dBA at a distance of 50 feet. This requirement shall not relieve the Contractor from responsibility for complying with local ordinances regulating noise level. 2 TECHNICAL PROVISIONS

City of Beaumont Citywide Sidewalk Improvements CIP R-24 Technical Specifications BE T
The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Payment: Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

TP03. TRAFFIC CONTROL
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access through work areas, detours, and street closures shall be in accordance with these Technical Provisions, Special Provisions; Traffic Control Plans; California MUTCD, Part 6, Temporary Traffic Control, Caltrans adopted 2014; the current "Work Area Traffic Control Handbook"; and Subsection 7-10, of the current "Standard Specifications for Public Works Construction," including all its subsequent amendments. Nothing in the Special Provisions shall be construed as relieving the Contractor from its responsibility to provide for the safety and convenience of traffic and the public during construction.

In the event of conflict, the order of precedence shall be as follows:

1. Special Provisions

2. Traffic Control Plans

3. California Manual on Uniform Traffic Control Devices, Part 6, Temporary Traffic Control, Caltrans adopted 2014.

4. Work Area Traffic Control Handbook. (WATCH)

5. Standard Specifications
Traffic Control shall be in accordance with the following Special Provisions:

1. All streets shall remain open to through traffic at all times. Street closure is not allowed except as approved by the Engineer. The contractor shall obtain written permission from City Engineer at least ten (10) day prior to road closure. The Contractor shall make provisions to allow local traffic access to the closed streets. The local traffic consists of, but is not limited to, residences, church congregations, farmers, post offices, meter readers, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic.

2. The Contractor shall be responsible for the preparation of Traffic Control Plans as necessary for the work. The Traffic Control Plans shall be signed and stamped by a California Registered Traffic Engineer and transmitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work.

Comments and corrections shall be returned to the Contractor within five (5) working 3 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; California MUTCD Part 6, Temporary Traffic Control; the Work Area Traffic Control Handbook; and the Standard Specifications.

Citywide Sidewalk Improvements CIP R-24

3. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type -K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in "like new" condition.

4. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, which includes holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work.

5. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the Engineer.

6. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711mm (28") in height, except that shorter cones, 305 mm (12") minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic.

7. The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95.

8. Type III barricades, no less than 1.83 m (6') in length and equipped with two (2) Type "N" markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day's duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 3' except that one (1) 11' wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) R11-2, "Road Closed" sign, one (1) R11-4, "Road Closed to Thru Traffic," sign, and a Type P warning sign.
4 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
Citywide Sidewalk Improvements CIP R-24

9. Channelizers shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Subsection 12-3.07, "Channelizers," of the State of California Standard Specifications and these Special Provisions.

10. When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizer bases to the pavement, shall be removed. Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work.

11. Reflectorized (both sides) temporary self-adhesive markers, 100mm (4in) wide, shall be applied to unstriped pavement surface before opening the travel way to public traffic.

Reflectorized temporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 600mm (24in) intervals transverse to the road to delineate stop bars and limit lines.

12. The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged.

13. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 11' wide lanes on streets having an effective roadway width of 44' or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 12' wide lane with work activity being limited to one side at a time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning.

14. No reduction of the traveled way width shall be permitted on any City street before 9:00 a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise approved by the Engineer.

15. Properly trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.

16. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m. and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives the property owner or resident at least forty-eight (48) hour advance written and oral notice.
5 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications

17. Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service is not interrupted. Trash pick- up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer.

Citywide Sidewalk Improvements CIP R-24

18. Vehicular access to business, school and church driveways shall be maintained at all times during construction.

19. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety devices and equipment being used, that are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.

20. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies.

21. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.

22. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer. Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly. All stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly condition, and shall be restored to equal or better than original condition upon completion of the work.

23. On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be able to park within a reasonable distance of not more than 500' from their homes or destination. In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer. Residents must be given written notice of such restrictions a minimum of 48 hours in advance. 6 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
Citywide Sidewalk Improvements CIP R-24

24. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer.

25. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor's or permittee's expense, and shall deduct the cost therefore from the Contractor's progress or final payments.

Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City's agents.

26. Streets determined to be major thoroughfares by the Engineer shall undergo construction in stages, or as approved by the field inspector, to allow at least one 10 ft. wide traffic lane for each direction of travel at all times. The Engineer will approve street closures for construction, as necessary, based on the approved construction schedule.

27. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable.

EXCEPTION: Contractor may not work on a street that is in front of a school between the hours of 7:00 AM and 3:30 PM. Monday through Friday unless written authorization is given by the City Engineer. All streets abutting a school ground can only be worked on during weekends.

Payment: Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

TP04. WATER POLLUTION CONTROL
Throughout the term of this contract, the total soil disturbance area of the project site shall be less than 1 acre. The Contractor shall comply with the Area -Wide Municipal Stormwater Permit NPDES No. CAS 618033, hereafter referred to in this section as the "Municipal Permit", issued by the California Regional Water Quality Control Board (CRWQCB) — Santa Ana Region. This Permit regulates both stormwater and non-stormwater discharges associated with Contractor's construction activities. A copy of the Permit may be obtained on the interne at:
http : // www.waterboards . ca. gov/santaana/
7 TECHNICAL PROVISIONS

City of Beaumont ' Citywide Sidewalk Improvements CIP R-24 Technical Specifications BE T
The Contractor shall comply with the requirements of the Municipal Permit, and all other applicable federal, state and local laws, ordinances, statues, rules, and regulations concerning water pollution control.

The WPCP shall include Fact Sheets for all selected project BMPs.

Contractor's Water Pollution Control Program (WPCP) shall be prepared by a Qualified SWPPP Developer in accordance with Section 3, "Preparing a Water Pollution Control Program (WPCP)", of the Caltrans Stormwater Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual (June 2011), which is available as a free download from:
http : // www.dot . ca. gov/hq/construc/stormwater/manuals.htm

WATER POLLUTION CONTROL MEASURES
A. Work having the potential to cause water pollution shall not commence until the Contractor's WPCP has been reviewed and approved by the Engineer. The Engineer's review and approval of the Contractor's WPCP shall not waive any contractual requirements and shall not relieve the Contractor from achieving and maintaining compliance with all federal, state, and local laws, ordinances, statues, rules, and regulations. A copy of Contractor's WPCP shall be maintained onsite. When the WPCP or access to the construction site is requested by a representative of a federal, state, or local regulatory agency, Contractor shall make the WPCP available and Contractor shall immediately contact the Engineer. Requests from the public for the Contractor's WPCP shall be directed to the Engineer.

B. Contractor's WPCP shall describe the Contractor's plan for managing runoff during each construction phase. Contractor's WPCP shall describe the Best Management Practices (BMPs) that will be implemented to control erosion, sediment, tracking, construction materials, construction wastes, and non-stormwater flows. BMP details shall be based upon California Stormwater Quality Association's (CASQA) California Stormwater Quality BMP Handbook Subscription Portal ( http://www.cabmphandbooks.com) or the Caltrans Construction Site BMP Manual
https ://dot. ca. gov/programs/construction/storm-water-and-water-pollution-control/manuals- and-handbooks
Contractor's WPCP shall describe installation, operation, inspection, maintenance, and monitoring activities that will be implemented for compliance with the Municipal Permit and all applicable federal, state, and local laws, ordinances, statutes, rules, and regulations related to the protection of water quality.

C. The Contractor's WPCP preparer shall have been trained to prepare WPCPs or SWPPPs and shall have previous experience with preparing SWPPP or WPCP requirements on a previous project.

The Contractor shall designate a Water Pollution Control Manager that shall have been trained to implement WPCP or SWPPP requirements. Contractor's Water Pollution Control Manager shall:

1. Be responsible for all water pollution control work. 8 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications

2. Be the Engineer's primary contact for all water pollution control work.

3. Have the authority to mobilize resources (crews, supplies, equipment, etc.) to make immediate repairs of water pollution control measures or to supplement water pollution control measures to maintain compliance with all federal, state, and local laws, ordinances, and regulations related to the protection of water quality, including the Municipal Permit.

Citywide Sidewalk Improvements CIP R-24
The WPCP shall contain all required and applicable certifications and evidence of training for the Water Pollution Control Manager, WPCP Developer, and all other employees working on the project receiving formal training or certification.

D. Water Pollution Control Training: Contractor shall provide water pollution control training to Contractor's employees and subcontractors prior to their performing work on the work site.

The water pollution control training shall be appropriate to the employee or subcontractor function and area of responsibility and shall address (as applicable):

1. Erosion Control (water and wind)

2. Sediment Control

3. Tracking Control

4. Materials & Waste Management

5. Non-Stormwater Discharge Management

6. Run-on and Run-off Control
E. Monitoring and Reporting: Observations and inspections conducted by the Contractor's Water Pollution Control Manager shall be documented on the Construction Site Inspection Checklist included in Contractor's WPCP. A copy of each completed Construction Site Inspection Checklist shall be submitted to the Engineer within 24 hours of conducting the inspection General Requirements:

In the event the City incurs any Administrative Civil Liability (fine) imposed by the CRWQCB — Santa Ana Region, the State Water Resources Control Board, or EPA, as a result of Contractor's failure to fully implement the provisions of "Stormwater and Non-Stormwater Pollution Control", the Engineer, may, in the exercise of his sole judgment and discretion, withhold from payments otherwise due Contractor a sufficient amount to cover the Administrative Civil Liability including City staff time, legal counsel, consultant support costs and all other associated cost.

The Contractor shall be responsible for all costs and for any liability imposed by law as a result of the Contractor's failure to comply with the requirements set forth in "Water Pollution Control", including but not limited to, compliance with the applicable provisions of the Caltrans Handbooks, Municipal Permit, Federal, State, and local regulations. For the purpose of this paragraph, costs and liabilities include, but not limited to, fines, penalties, damages, and costs associated with defending against enforcement actions whether taken against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter -Cologne Water Quality Act.

Within fifteen (15) working days after the award of the contract, the Contractor shall submit two (2) copies and one pdf file of the WPCP to the Engineer for review and approval. The Contractor shall allow ten (10) working days for the Engineer to review the WPCP. If revisions are required 9 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
as determined by the Engineer, the Contractor shall revise and resubmit the WPCP within three (3) working days of receipt of the Engineer's comments and shall allow ten (10) working days for the Engineer to review the revisions. The Contractor shall submit four (4) copies of the pproved WPCP and one pdf. file to the Engineer prior to notice to proceed. The Contractor must have an approved WPCP prior to the notice to proceed.

Citywide Sidewalk Improvements CIP R-24
Unless otherwise directed by the Engineer or specified in these Special Provisions, the Contractor's responsibility for WPCP implementation shall continue throughout any temporary suspension of work.

The Engineer may withhold progress payments or order the suspension of construction operations without an extension of the contract time, if the Contractor fails to comply with the requirements of "Water Pollution Control" as determined by the Engineer.

All BMP repairs shall be implemented by the Contractor within 72 hrs of notification by engineer.

Payment: Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

TP05. MOBILIZATION
Mobilization shall conform to General Conditions, Article 45 and the following:

Mobilization shall consist of preparatory work and operations, including, but not limited to those necessary for the movement of personnel, equipment, supplies and incidentals to the project site and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.

De -mobilization shall consist of the completion of all final construction and administrative work required to secure the project for termination and acceptance by the Engineer, including, but not limited to the following:

1. Satisfactory completion of Finishing Roadway;

2. Removal of all temporary facilities, construction office, temporary utilities, temporary BMPs, plant, equipment, surplus material, construction debris and similar from project limits and adjacent property, as required and as directed by the Engineer;

3. Restoration of all temporary roads and haul routes and construction storage and office areas, etc. to original or better condition;

4. Completion of record of drawings (as -built), to the satisfaction of the Engineer;

5. Submission of final certified payroll documents to the Engineer;

6. Completion of the requirements of permits issued by other agencies;

7. Satisfactory completion of all other contractually and legally required construction and administrative items of work.
10 TECHNICAL PROVISIONS

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Technical Specifications
Payment: Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

TP06. TEMPORARY CONSTRUCTION SIGN
Citywide Sidewalk Improvements CIP R-24
The Contractor shall install a temporary construction sign at the project limits, as approved by the Engineer. The contractor shall relocate the signs as work transitions from area to area or as directed by the City Engineer.

Project signs shall conform to the requirements outlines in the Special Federal Provisions of these specifications in accordance with the CDBG Construction requirements. • Outside sign dimensions shall be 4' x 8'; material shall be 3/4" marine grade plywood substrate painted in accordance with CDBG requirements.
• Printing shall be black, except city logo, using latex or eco solvent UV inhibited ink • Contractor shall provide "final proof' layout for Public Works approval. • Contractor shall provide photo of actual sign to city for approval prior to installation • Contractor shall install signs at project site at locations approved by engineer • Sign shall be securely mounted on 2 - 4"x4" wood posts set 5'(min) into stable earth. Sign shall be 18" (min) clear of vehicular and pedestrian travel ways. Bottom of sign shall be 7' (min) above finished grade.
• Contractor shall be responsible to maintain sign in good condition, graffiti free, for the duration of the project and at the completion of the project shall remove the sign and posts, restore area to pre-existing condition, and deliver sign to the Public Works Department.

Payment: Full compensation for project signs shall be made at the contract amount for each sign, and shall include full compensation for, but not limited to, furnishing all labor, materials, tools, equipment, relocation, and incidentals, for doing all work involved and no additional compensation will be allowed therefor.

TP07. CONSTRUCTION SURVEY AND MONUMENT PRESERVATION
Construction Survey, Staking and Monument Preservation includes qualified personnel, equipment, and supplies required for, but not limited to Project control, grading, paving, tie out of all centerline monuments, replacement of disturbed monuments, and additional items included in the contract documents.

The Contractor shall employ engineers or surveyors to perform adequate surveys and staking necessary to construct the work to the proper lines and grades. Reconstructed asphalt concrete surfaces shall have a cross slope between 1.5% and 5%. New curb & gutter shall have a minimum slope of 0.5%. Grade breaks must be spaced a minimum 25' apart and be no greater than 0.25%.

Copies of the field notes, cut sheets or diagrams used in setting stakes shall be promptly furnished to the Engineer.

The contractor will be responsible to provide pre and post -construction corner records for the City to file with Riverside County.
11 TECHNICAL PROVISIONS

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Technical Specifications

BEI UMONT
Citywide Sidewalk Improvements CIP R-24
Payment: Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

TP08. CONSTRUCTION WATER AND DUST CONTROL
The Contractor shall obtain construction water from Beaumont Cherry Valley Water District.

Temporary construction water meters are available from the District. These meters will require the Developer/Contractor make application at the District offices and pay all the required deposits/fees. Contractor shall comply with South Coast Air Quality Management District Rule 403 — Fugitive Dust. Contractor shall use water trucks or other means to actively prevent, reduce, and mitigate dust emissions using the best available control measures as referenced in Rule 403.

Payment: Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

TP09. REMOVE CONCRETE
Remove Concrete shall conform to the requirements of Part 4 "Existing Improvements" of the Standard Specifications, and these Technical Provisions.

This Bid Item shall include all labor, material and equipment required to sawcut, remove, haul away and properly dispose of existing curb and gutter, curb ramps, concrete cross gutter, existing sidewalk, existing driveway and existing driveway approach as identified in the plans and specifications. Broken concrete, asphalt and debris shall be disposed of concurrently with its removal. Stockpiling will not be allowed without prior written approval of the Engineer.

The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false -work that are to be re -used shall be stacked neatly concurrently with their removal. Forms and false -work that are not to be re -used shall be disposed of concurrently with their removal.

The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of the Contractor's operations.

If the Contractor encounters material in demolition or work that he has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he shall immediately so notify the Engineer in writing. Demolition in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time.
12 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
Citywide Sidewalk Improvements CIP R-24
Payment: The contract unit price bid per each (for REMOVE EXISTING DRIVEWAY APPROACH) and per length feet (for REMOVE EXISTING SIDEWALK and REMOVE EXISTING CURB & GUTTER) shall include full compensation for all labor, tools, equipment, loading, hauling, and disposing of materials.

TP10. HOT MIX ASPHALT
HMA shall conform to Green Book section 203-6, "Asphalt Concrete". HMA shall be install/ placed in accordance with Green Book section 302-5, "Asphalt Concrete Pavement." Project Mix: C2 -PG 64-10-R05
Existing pavement markers shall be removed flush with the existing pavement prior to constructing asphalt concrete pavement.

Where asphalt concrete pavement is designated to be constructed on existing aggregate base, the existing base shall be compacted and graded in accordance with Subsection 301-2.3, "Compacting," of the Standard Specifications.

The asphalt concrete pavement shall be spread with a self-propelled mechanical spreading and finishing machine. The Contractor shall have sufficient workers and equipment necessary to accomplish proper placement and compaction of the asphalt concrete pavement to the satisfaction of the Engineer.

Payment: Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

TP11. INSTALL NEW SIDEWALK
The work under this item shall include all labor, material and equipment required to construct new sidewalk for the project. Concrete sidewalk shall be 4 -Inch thick and shall conform to the provisions of Section 16 "Concrete Curb and Gutter and Sidewalk" of the County of Riverside Road Standards and Specifications (Ordinance 461), Plans, and these Technical Provisions.

Subgrade preparation shall be per Section 19 "Earthwork" and 73 "Concrete Curbs and Sidewalk" of the Caltrans Standard Specifications. Sidewalk shall be constructed per County of Riverside Standard Drawing 401. Where sidewalk needs to go behind existing Edison poles, contractor shall use County of Riverside Standard Drawing 400.

Many sections of sidewalk will require removal of existing landscaping, including but not limited to decorative rock, bricks, block walls, bushes, shrubs, grass, irrigation, concrete steps, pavers, wooden fences, chain -link fences, and other similar obstructions. This bid items shall include removal of all conflicting landscaping as described herein in order to install the new sidewalk. Short descriptions of the properties are provided in the Appendices for reference, however the contractor is required to walk the project prior to bidding in order to provide an 13 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
Citywide Sidewalk Improvements CIP R-24
accurate bid price to account for landscaping obstructions. No additional compensation shall be provided for the removal of landscape obstructions.

Fences and block walls in conflict with the proposed sidewalk shall be relocated by the contractor in coordination with the individual property owners. All impacted irrigation shall be repaired by the contractor. All other landscape obstructions removed by the contractor shall be the responsibility of the individual property owners to replace.

All existing street signs that conflict with the proposed new sidewalk shall be relocated behind the proposed sidewalk where feasible; or if this is not possible than they shall be located 12 - inches behind the curb face. Work to relocate street signs is included in this bid item. Street signs shall not block the sidewalk or be in a location that conflicts with ADA standards.

Many sections of the sidewalk will also require substantial elevation cuts (or fills) in order to install the new sidewalk. Where cuts are required, the contractor shall daylight back to existing grade at a 2:1 slope. Where cuts are greater than two (2) feet, or where there is not sufficient space to daylight back to existing grade, the contractor shall provide a retaining curb per County of Riverside Standards. All labor and materials for cut, fill, grading, daylighting back to existing grade, or providing retaining curb, are included in this bid item. Short descriptions of the properties are provided in the Appendices for reference, however the contractor is required to walk the project prior to bidding in order to provide an accurate bid price to account for all cut and fill. No additional compensation shall be provided for cut, fill, grading, and retaining curb required to install the new sidewalk.

Payment: The contract unit price bid per length foot for the item "INSTALL NEW SIDEWALK" shall include full compensation for all labor, tools, equipment, loading, hauling, disposing of materials, import of material, compaction and incidentals for doing work involved.

Unit cost also includes removal of all landscape obstructions, relocation of any fences and block walls, relocation of existing street signs, irrigation repair, and all cuts, fills, grading, and retaining curbs required to install the new sidewalk.

TP12. PCC PAVEMENT (DRIVEWAY APPROACH)
The work under this item shall include all labor, material and equipment required to construct PCC driveway approaches for the project. Concrete driveway approaches shall conform to the provisions of Section 16 "Concrete Curb and Gutter and Sidewalk" of the County of Riverside Road Standards and Specifications (Ordinance 461), Section 73 "Concrete Curbs and Sidewalk" of the Caltrans Standard Specification, Plans, and these Technical Provisions.

Concrete driveway approaches shall be 8 -Inch thick per County of Riverside Standards.

Subgrade preparation shall be per Section 19 "Earthwork" and 73 "Concrete Curbs and Sidewalk" of the Caltrans Standard Specifications and subgrade soil shall be compacted to minimum 95% relative compaction.
14 TECHNICAL PROVISIONS

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Technical Specifications
It may be required to adjust the elevation of existing driveways in private properties to match proposed driveway approach. Removal of any private improvements should be coordinated in writing with the owner and it is Contractor's responsibility to obtain owner's written approval for removal prior to construction.

Citywide Sidewalk Improvements CIP R-24
Measurement: Measurement for PCC Pavement (Driveway) shall be between the public right- of-way limit or back of sidewalk, whichever is larger, to the gutter lip in front of the driveway.

Driveways shall include sidewalk, curb and gutter, curb depressions and any retaining curb required as shown on Plans.

Payment: The contract unit price per each for the item "PCC PAVEMENT (DRIVEWAY APPROACH) shall include full compensation for all items of the work and all appurtenant work for, but not limited to, furnishing all labor, materials, excavation, subgrade preparation, compaction, tools, equipment, and incidentals, for doing all work involved and no separate or additional compensation will be allowed therefor. Aggregate base placed under driveways shall be included in the unit price paid for under this Bid Item and no additional compensation will be allowed.

TP13. INSTALL NEW CURB AND GUTTER
The work under this item consists of all labor, material and equipment required to construct curb and gutter for Bid Item INSTALL NEW CURB & GUTTER complete in place.

Work shall conform to the requirements of Section 16 "Concrete Curb and Gutter and Sidewalk" of the County of Riverside Road Standards and Specifications (Ordinance 461), Plans, and these Technical Provisions. Curb and Gutter shall be constructed per County of Riverside Standard Drawings 200, 201, and 205 as applicable.

Curb and Gutter includes the saw cutting and full AC reconstruction of a 3' wide (slot pavement with 2 -sack PCC slurry) portion of AC pavement adjacent to the curb and gutter. A minimum of a 3' saw cut and pavement replacement will be required in all areas of curb return replacements adjacent to existing pavement. The proposed pavement section shall be full depth asphalt paving to match the existing pavement section thickness.

This Bid Item shall include all labor, material and equipment required to construct curb and gutter and longitudinal gutter transitions, complete in place, per these Technical Provisions and as shown on Plans.

Measurement: The quantities of new Curb & Gutter, complete in place, to be paid for shall be measured per Linear Foot (LF), as agreed in the field, and no additional compensation will be allowed.

Curb and gutter shall not be included where feature is included in other items, including but not limited to, curb ramps, driveways, catch basins, grate inlets and local depressions. 15 TECHNICAL PROVISIONS

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Technical Specifications
Payment: The contract unit price per length foot shall include full compensation for all items of the work and all appurtenant work for, but not limited to, furnishing all labor, materials, tools, equipment, excavation, subgrade preparation, compaction, and incidentals, for doing all work involved and no separate or additional compensation will be allowed.

TP14. REMOVE TREE
Citywide Sidewalk Improvements CIP R-24
The work under this item shall be in accordance with the provisions of Section 300-1, "Clearing and Grubbing" and Part 4, "Existing Improvements" of the Standard Specifications, Plans, and these Technical Provisions.

Existing trees to be removed are different species and vary in size. All trees regardless of size shall be removed. To assist in bidding, two separate bid items have been established. "REMOVE TREE (SMALL)" includes any trees that are shorter than approximately 20 feet, and any palm trees. "REMOVE TREE (LARGE)" includes any tress that are taller than 20 feet (approx.). Some large trees stand as high as approximately 80 to 100 feet and are very large in diameter with extensive branch and root structures. The contractor is required to walk the project prior to bidding in order to provide an accurate bid price to account for all tree removal costs. No additional compensation shall be provided for the removal of trees.

Removal work includes carefully cutting trees apart while working around and avoiding damage to conflicting power lines and homes. Tree stump and root ball shall be removed by grinding at least 36" deep below final grade. All sideway and shallow root systems shall be removed as a part of tree removal and no further compensation is allowed. The removal areas shall be replaced by approved compacted fill to the satisfaction of the Engineer.

All materials shall be lawfully disposed of at a site secured by the Contractor. The contractor shall make an effort to recycle excavated and removed materials. The contractor shall provide the Engineer with a letter indicating the final disposition of all materials from the project within five (5) working days after project completion.

Payment: The contract unit price per each shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, hauling, disposal, and incidentals as required and no additional compensation will be allowed.

TP15. MINOR CONCRETE (CURB RAMPS)
Concrete Curb Ramps shall be per SPPWC Standard Plan 111 and County of Riverside Standard Plans, case and type per plans. Concrete shall be Class 520-C-2500.

The geometry shown on the plans is representational. The final limits and geometry of the required curb ramp shall be verified and placed in the field by the contractor in order to ensure the required grades and clearances are obtained.

Curb and Gutter Shall be included in the limits of the Curb Ramp which includes the sawcutting 16 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
and full AC reconstruction of a 3' wide (slot pavement with 2 -sack PCC slurry) portion of AC pavement adjacent to the curb and gutter in order to achieve the required 5% maximum grade for 4' adjacent to the curb face. A minimum of a 3' saw cut and pavement replacement will be required in all areas of curb return replacements adjacent to existing pavement. In locations for a 3' slot pave with 2 -sack PCC slurry is inadequate at achieving the required 5% maximum grade and would create adverse driving conditions for the 1' transition, each location shall be individually documented in the construction project files justifying the reason for non-compliance.

The proposed pavement section shall be full depth asphalt paving to match the existing pavement section thickness.

Citywide Sidewalk Improvements CIP R-24
Construction of any necessary retaining curbs at the back of ramp or wings of the ramp are included as part of this bid item. The contractor shall install retaining curbs within the ramps to ensure that the constructed ramp is fully ADA compliant while joining existing grades at the back of walk/ramp.

When curb ramp removal and installation is adjacent to PCC cross gutters that are not abandoned/buried then the concrete shall be sawcut 4" off the existing curb face, and the new concrete shall be doweled and epoxied into the existing cross gutter spandrel at 12" on center using 18" #4 bars.

All work within the 1' rumble strip at grade breaks of the sidewalk shall be considered as part of the curb ramp. All work past the 1' rumble strip, which has been approved by the engineer, shall be considered as extra sidewalk or curb and gutter items and will be paid for per the respective unit price.

Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. All sawcut locations along existing cross gutters shall be cut in a curve conforming to the existing curb return and shall be cut at a set offset from the flow line as approved by the City Engineer. The flow line shall be maintained, ensuring that ponding does not occur in the existing cross gutter.

Any and all Traffic Signals, or pedestrian push button poles, traffic signal poles and other surface mounted appurtenances shall be protected in place and/or re -attached as part of this bid item.

All pull boxes within curb ramp limits shall also be adjusted to the finished grade of the new curb ramp and shall be paid for per the unit price for each respective bid item.

All water or gas valve can and lids within curb ramp limits shall also be adjusted to the finished grade of the new curb ramp and shall be paid for per the unit price for each respective bid item.

The City Engineer shall have final say regarding the case and type of curb ramp to be installed and shall retain the right to revise the ramp designation at any point prior to construction.

The contractor shall verify existing grades in order to ensure full ADA compliance Curb ramps shall be constructed with detectable warning surfacing complying with California Building Code Title 24. Detectable warning surfacing shall consist of vitrified polymer composite, 17 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
Citywide Sidewalk Improvements CIP R-24
with at least 25% by weight aluminum oxide, nominally 0.20" thick, colorfast and UV stable.

Panels must be embedded in new ramps. Embedded panels shall have perforated embedment ribs at 3" on center, at least 1" deep.

Other physical characteristics shall be as follows:

Compressive Strength
Flexural Strength
Tensile Strength
131
Water Absorption
Slip Resistance
Flame Spread
Salt Spray
Chemical Stain Testing
Abrasion Resistance
Accelerated Weathering
Load Bearing at 16,000 lbs.

Freeze / Thaw / Heat
Greater than 18,000 psi
Greater than 24,000 psi
Greater than 10,000 psi
Less than 0.35%
Greater than 0.80
Index Less than 25
No Change (200 hours)
No Deterioration
Less than 0.030 (1,000 cycles)
No Damage (2,000 hours)
No Damage
No Disintegration
ASTM D 695
ASTM D 790
ASTM D 638
ASTM D 570
ASTM C 1028
ASTM E 84
ASTM B 117
ASTM 1308
ASTM D 2386
ASTM G 29
AASHTO-H20
ASTM C 1026
The color of the panels shall be yellow complying with the Federal Standard 595B, color No. 33538. truncated domes. The Contractor shall install panels in accordance with manufacturer's recommendations. The cost of installing detectable warning service panels on new ramps shall be included in the cost of the curb ramp.

This bid item also includes removal of all landscape obstructions, relocation of any fences and block walls, irrigation repair, and all cuts, fills, grading, and retaining curbs required to install the new curb ramps. Short descriptions of the existing conditions are provided in the Appendices for reference, however the contractor is required to walk the project prior to bidding in order to provide an accurate bid price to account for landscaping obstructions and cut and fill requirements.

No additional compensation shall be provided.

Retrofitting detectable warning surfaces on existing ramp or walkway surfaces shall be paid for as part of their respective bid items.

Payment: The contract unit price bid per each for the item "MINOR CONCRETE (RAMPS)" shall include full compensation for all labor, tools, equipment, loading, hauling, disposing of materials, import of material, compaction and incidentals for doing work involved. Unit cost also includes removal of all landscape obstructions, relocation of any fences and block walls, irrigation repair, and all cuts, fills, grading, and retaining curbs required to install the new curb ramps.
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Technical Specifications
Citywide Sidewalk Improvements CIP R-24
TP16. CURB RAMP DETECTABLE WARNING SURFACE
This work includes installing detectable warning surfaces on the curb ramps or as necessary to bring the ramp into compliance.

Curb ramps shall be constructed with detectable warning surfacing complying with California Building Code Title 24. Detectable warning surfacing shall consist of vitrified polymer composite, with at least 25% by weight aluminum oxide, nominally 0.20" thick, colorfast and UV stable.

Panels must be embedded in new ramps. Embedded panels shall have perforated embedment ribs at 3" on center, at least 1" deep.

Other physical characteristics shall be as follows:

Compressive Strength
Flexural Strength
Tensile Strength
131
Water Absorption
Slip Resistance
Flame Spread
Salt Spray
Chemical Stain Testing
Abrasion Resistance
Accelerated Weathering
Load Bearing at 16,000 lbs.

Freeze / Thaw / Heat
Greater than 18,000 psi
Greater than 24,000 psi
Greater than 10,000 psi
Less than 0.35%
Greater than 0.80
Index Less than 25
No Change (200 hours)
No Deterioration
Less than 0.030 (1,000 cycles)
No Damage (2,000 hours)
No Damage
No Disintegration
ASTM D 695
ASTM D 790
ASTM D 638
ASTM D 570
ASTM C 1028
ASTM E 84
ASTM B 117
ASTM 1308
ASTM D 2386
ASTM G 29
AASHTO-H20
ASTM C 1026
The color of the panels shall be yellow complying with the Federal Standard 595B, color No. 33538. truncated domes. The Contractor shall install panels in accordance with manufacturer's recommendations. The cost of installing detectable warning service panels on new ramps shall be included in the cost of the curb ramp.

The manufacturer must provide a written 5 -year warranty for detectable warning surface, guaranteeing replacement when there is a defect in the dome shape, color fastness sound -on -cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract.

Payment: "CURB RAMP DETECTABLE WARNING SURFACE" for new ramps shall be considered as included with the contract unit price paid for the MINOR CONCRETE (RAMPS).

For existing ramps the contract unit bid price per each for the item "CURB RAMP DETECTABLE WARNING SURFACE" shall include full compensation for all labor, tools, equipment, loading, hauling, disposing of materials, import of material, compaction and incidentals for doing work involved. Adjustment of compensation will be made for any increase or decrease in the quantities at the stipulated unit price. 19 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
TP17. CURB INLET CATCH BASIN
Citywide Sidewalk Improvements CIP R-24
The work under this item shall include all labor, material and equipment required to furnish and install a curb inlet catch basin per County or Riverside Standards (Standard Drawing 300), Section 51 "Concrete Structures" and Section 52 "Reinforcement" of the Caltrans Standard Specifications, Plans and Technical Provisions.

This bid item shall include temporary support of all sloped and vertical plains of excavation.

Shoring where needed shall be placed to protect existing and proposed improvement including adjacent properties. The contractor shall submit the calculation to the City's prior commencement of the construction.

Payment: The contract unit price bid per each for the item "CURB INLET CATCH BASIN" shall include full compensation for furnishing all labor, materials, tools, equipment, forming, steel reinforcement, trenching, trench support, shoring, excavation, subgrade preparation, compaction, pouring, finishing, hauling, backfilling, restoration, disposing, grate, curb and gutter within limits of gutter depression and incidentals and for doing all the work involved complete in place and no additional compensation will be allowed.

TP18. CURB OUTLET DRAIN
The work under this item shall include all labor, material and equipment required to furnish and install a curb outlet drain per County or Riverside Standards (Standard Drawing 308), Section 51 "Concrete Structures" and Section 52 "Reinforcement" of the Caltrans Standard Specifications, Plans and Technical Provisions.

This bid item shall include temporary support of all sloped and vertical plains of excavation.

Shoring where needed shall be placed to protect existing and proposed improvement including adjacent properties. The contractor shall submit the calculation to the City's prior commencement of the construction.

Payment: The contract unit price bid per each for the item "CURB OUTLET DRAIN" shall include full compensation for furnishing all labor, materials, tools, equipment, forming, steel reinforcement, trenching, trench support, shoring, excavation, subgrade preparation, compaction, pouring, finishing, hauling, backfilling, restoration, disposing, grate, curb and gutter within limits of gutter depression and incidentals and for doing all the work involved complete in place and no additional compensation will be allowed.

TP19. RELOCATE MAILBOX
The work under this item shall include all labor, material and equipment required to relocate the existing mailbox per United States Postal Service (USPS) mailbox location standards. The mailbox must be set back 6 to 8 inches from the front face of the curb and must be at a vertical height of 41 to 45 inches from the road surface. Existing mailboxes that do not meet these requirements must be relocated before the new sidewalk is poured. 20 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
Bpd.IPelgtiT
Citywide Sidewalk Improvements CIP R-24
Payment: The contract unit price bid per each for the item "RELOCATE MAILBOX" shall include full compensation for furnishing all labor, materials, tools, equipment, and for doing all the work involved complete in place and no additional compensation will be allowed.

TP20. RELOCATE CANDLESTICK LIGHT POLE
The work under this item shall include all labor, material and equipment required to relocate the existing candlestick light pole and associated electrical box. Candlestick light poles are owned and maintained by the City of Beaumont. The candlestick light pole shall be set behind the sidewalk where possible per County of Riverside Standards. Where this is not possible, the light pole shall be set 18 -inches behind the curb face and the sidewalk shall go behind the pole per County of Riverside Standards (Standard Drawing 400). The associated electrical boxes shall also be moved behind the sidewalk where possible; or adjusted to be flush with the new sidewalk surface.

Payment: The contract unit price bid per each for the item "RELOCATE CANDLESTICK LIGHT POLE" shall include full compensation for furnishing all labor, materials, tools, equipment, and for doing all the work involved complete in place and no additional compensation will be allowed.

TP21. ADJUST WATER SERVICE METER BOX ELEVATION
The work under this item shall include all labor, material and equipment required to adjust the elevation of the water service meter box. Meter boxes are owned and maintained by the Beaumont Cherry Valle Water District. For all water service meter boxes that conflict with the proposed sidewalk installation; the elevation of the existing meter boxes shall be adjusted to be flush with the new sidewalk surface.

The contractor is only allowed to adjust the meter box elevation and is not permitted to relocate the service or meter. If the meter boxes cannot be made flush simply by adjusting the box and lid elevations, and more work is needed such as adjusting the location of the meter and service; the contractor shall coordinate with Beaumont Cherry Valley Water District to adjust the meter and service location. The contractor is responsible for any coordination with the water district.

Payment: The contract unit price bid per each for the item "ADJUST WATER SERVICE METER BOX ELEVATION" shall include full compensation for furnishing all labor, materials, tools, equipment, and for doing all the work involved complete in place and no additional compensation will be allowed.
21 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications
TP22. GUARANTEE
Citywide Sidewalk Improvements CIP R-24
In addition to guarantees required elsewhere, the contractor shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the City and shall repair and replace any and all such Work, together with any other work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one (1) year period from the date of acceptance, without expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the above mentioned conditions within five (5) days after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the Contractor, who shall pay the cost and charges therefore immediately upon demand. 22 TECHNICAL PROVISIONS

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

BEAUMONT
06 CONTRACT DRAWINGS
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
49

City of Beaumont
Contract Drawings
Citywide Sidewalk Improvements CIP R-24

BEAUMONT

CONTRACT DRAWINGS
All standard drawings and detailed provisions referenced in the Contract Documents shall be considered part of the contract drawings. These drawings include, but are not limited to, the following standard drawings and detailed provisions:

1. City of Beaumont Public Works Standard Drawings: latest standards available at https://www.beaumontca.gov/1236/Standards

2. County of Riverside Standards and Specifications (Ordinance 461): latest edition available at: https://rctlma.org/trans/Land-Development/Road-Standards)

3. County of Riverside Flood Control and Water Conservation District Standard Drawings: latest edition available at:
http://content.rcflood.org/downloads/Standard%20Drawings/@@Standard%20 Drawings%2007102019.pdf)

4. Caltrans Standard Plans and Caltrans Revised Standard Plans: latest edition available at: https://dot.ca.gov/programs/design/ccs-standard-plans-and- standard-specifications)

5. Greenbook Standard Specifications for Public Works Construction: latest standards available at: https://www.bnibooks.com/products/standard-plans-for- public-works-construction-2021-edition

6. Construction Plans: Improvement Plans for Citywide Sidewalk Improvement Project CIP R-24 are attached to this specification.

CONTRACT DRAWINGS
1

City of Beaumont
Request for Bid

BEAUMONT
Citywide Sidewalk Improvements CIP R-24
07 PUBLIC WORKS AGREEMENT
CITYWIDE SIDEWALK IMPROVEMENTS CIP R-24
50

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective , by and between the City of Beaumont, a municipal corporation ("CITY"), and , ("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 Community Recreation Center Interior Painting (hereinafter "Project").

CONTRACTOR's Bid, dated , 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.

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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 to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of Dollars and _ Cents ($ ).

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; and 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 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

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

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

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

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

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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
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

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

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

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

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

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

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bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

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

3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

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

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors.

If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

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

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

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities,

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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, 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.

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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.

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.

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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 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.