Beaumont City Council
July 16, 2024

City of Beaumont Citywide Street Rehabilitation Project FY24 Technical Specifications BEAUMONT CIP R-36
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, 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 Greater than 18,000 psi ASTM D 695 Flexural Strength Greater than 24,000 psi ASTM D 790
Tensile Strength Greater than 10,000 psi ASTM D 638
131
Water Absorption Less than 0.35% ASTM D 570
Slip Resistance Greater than 0.80 ASTM C 1028
Flame Spread Index Less than 25 ASTM E 84
Salt Spray No Change (200 hours) ASTM B 117
Chemical Stain Testing No Deterioration ASTM 1308
Abrasion Resistance Less than 0.030 (1,000 cycles) ASTM D 2386 Accelerated Weathering No Damage (2,000 hours) ASTM G 29 Load Bearing at 16,000 lbs. No Damage AASHTO-H20
Freeze / Thaw / Heat No Disintegration 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.

All landscaping, irrigation lines, if any, and related work to return the area to its original condition.

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.

TP25. 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.
32 TECHNICAL PROVISIONS

City of Beaumont
Technical Specifications

BEAUMONT
-t • L i i 8 A M i s --
Citywide Street Rehabilitation Project FY24
CIP R-36
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. 33 TECHNICAL PROVISIONS

City of Beaumont Citywide Street Rehabilitation Project FY24 Technical Specifications BEAUMONT CIP R-36
—t . i e o e , .--
TP26. GUARANTEE
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. 34 TECHNICAL PROVISIONS

City of Beaumont
Contract Drawings

BEAUMONT
oR, .

Citywide Street Rehabilitation Project FY24
CIP R-36

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. Bid Plans: Construction Plans for Citywide Street Rehabilitation and Maintenance Project FY24 are a part of the construction contract documents.

CONTRACT DRAWINGS
1

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!(!(9TH ST8TH STMEDIAN BREAKMEDIAN BREAKMEDIAN BREAKPALM AVEPALM AVE9TH STMAPLE AVECHESTNUT AVEMICHIGAN AVEMASSACHUSETTS AVEPENNSYLVANIA AVECITY OF BEAUMONTCitywide Street Rehabilitation and Maintenance FY24PUBLIC WORKS DEPARTMENTDate Created: 5/14/2024IFY 2024 Sreets ProjectSlurryFull-DepthMillCompleted StreetsLegend!(Sewer Manhole!(Stormdrain ManholeZTraffic Loop!(Gas Valve!>Edison VaultPage 1007 of 1230

!(!(!(!(!(!(!(!(BOUGAINVILLEA DRGLADIOLUS DRHONEYSUCKLK DRCHERRY AVEKERRIA DRCROWN IMPERIAL LNCOMFREY LEAF DRARBOLITO STBURDOCK STEUCALYPTUSDRPENNSYLVANIA AVEVALLEY ROSE WAYMICHIGAN AVEAMARYLLIS RDELIZABETH AVEOAK VALLEY PKWYCAMERON STMOIRA STSCOTT AVEFUCHSIADRMASSACHUSETTS AVECHRISTINA STSHELBY STCITY OF BEAUMONTCitywide Street Rehabilitation and Maintenance FY24PUBLIC WORKS DEPARTMENTDate Created: 5/14/2024IFY 2024 Sreets ProjectSlurryFull-DepthMillCompleted StreetsLegend!(Sewer Manhole!(Stormdrain ManholeZTraffic Loop!(Gas Valve!>Edison VaultPage 1008 of 1230

CITY OF BEAUMONTCitywide Street Rehabilitation and Maintenance FY24PUBLIC WORKS DEPARTMENTDate Created: 5/14/2024IPage 1009 of 1230

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "B"
CONTRACTOR'S Bid
(Insert behind this page.)
16

City of Beaumont Citywide Street Rehabilitation Project FY24 Request for bid CIP R-36

BID FORM
NAME OF BIDDER: Matich Corporation
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)
BASE
BID
Iwo M lI o✓ti ttve, hwudrea
foa— - Si)t thou tQ nc�

BID PRICE
(IN NUMBERS)
4a ,gll(P,Doo °°

ADDITIVE A
TOTAL

BID PRICE
"I-W8A'1 F+j. nine, hovsemcA
foot, Inwmdredi
4aq,y00,"
Two 0.611:0i4 -E� i'v� tatircIre.ci
seq. ,tiy - five iviovsur4
F-bv e Iitwtd r
D, cis -1g DD, o0
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM
10

City of Beaumont
Request for bid

BASE BID

BID SCHEDULE
Citywide Street Rehabilitation Project FY24
C I P R-36
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT
UNIT
PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 TEMPORARY CONSTRUCTION SIGN
4 EA
'411630 .°°
41, 32p. "
2 DIG OUTS
10,000
SF
4 I(D .22-
* 1 (pi ,000,12-2-
3 SLURRY SEAL, TYPE II
75 ELT
4 850,-
* C93,19),-
4 COLD MILL ASPHALT CONCRETE
SURFACING [2" (0.17') DEPTH]
613,800
SF
q
0 • a39,
;b)..
5 COLD MILL ASPHALT CONCRETE
SURFACING [3" (0.25') DEPTH]
126,800
SF
`
0,
(pa., 13a . °
6 HOT MIX ASPHALT,
C2 -PG 70-10-R05
12,020
TN ci°TYPE
I D �.
4 (, )' s. I IoD+
7 AC REMOVAL (9TH ST)
65,100
SF
4'o.'& *44
,alga
8 ROADWAY EXCAVATION AND
RECOMPACTION (9TH ST)
2410
CY
xi , °�
fpS, 010.
9 UNSUITABLE MATERIAL (9TH ST)
1610
CY
4' cc, .-e2

4.90, 10.22-
AGGREGATE BASE (9TH
CR10 ST
1610
CY
413.3..1°.
* (g (p, yaO '
11 TRAFFIC STRIPPING AND

PAVEMENT MARKINGS
(in -kind replacement w/ current width
requirements)
1 LS
iU68.� �
06�
12 TRAFFIC LOOPS
35 EA
4 G -$OF`
. a.(4 300. °-
13 MINOR CONCRETE (CURB RAMP

CASE A)
12 EA
41),,000.-63-
V4(4,000. co
14 MINOR CONCRETE (CURB RAMP

CASE D)
1 41a,000, °�
4 (a , 000 .-°
15 CURB RAMP DETECTABLE

WARNING SURFACE
9 EA
I-11330..1°-
((,q10,=
16 ADJUST RIM TO GRADE
40 EA
4(,100,-9
4cog.,000.-,
PROJECT BASE BID SUBTOTAL: 1~),5(p1ppp,

BID FORM
11

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
C I P R-36
FONT

ADDITIVE BID A

BID SCHEDULE
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 Additive Bid Item A would add one additional inch of overlay depth to Olive, Grace, and Walnut Avenue (South of 4th Street), as well as the alleyway between Magnolia and Beaumont Avenue.

ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
ADD
6 HOT MIX ASPHALT,
TYPE C2 -PG 70-10-R05
350
TN
.4 (6q r
eo
4;1, q oo
PROJECT BASE BID SUBTOTAL:
4 aq,y00,--
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

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

BID FORM
12

Addendum No. 1 — June 7, 2024
r•��v,i

BEAUMON T
CIP R-36
Citywide Street Rehabilitation Project FY24
Addendum No. 1
CIP R-36 Citywide Street Rehabilitation Project FY24
This addendum is for the purpose of adding, clarifying, or deleting certain information to the construction contract documents as follows:

Questions & Answers

1. Can the City provide the Engineer's estimate for the project? City of Beaumont Response: The City does not provide an Engineer's estimate.

Revised Plans
The Slurry Seal on Massachusetts Ave has been removed from the scope of work for this project and is no longer shown on the plans. Sheet 2 and Sheet 3 of the construction plans have been revised and are attached to this addendum for use.

Revised Basis of Bid
Bid Item 3 (Slurry Seal Type II) has been revised as a result of the removal of slurry seal on Massachusetts Avenue from the scope of work for this project. A revised Basis of Bid is attached to this addendum and shall be used by the Contractor for bidding on this project.

Only Bid Item 3 has been changed, all other bid item quantities remain the same.

Caltrans Permit
The Caltrans Permit for the work at Beaumont Ave. and 5th Street is attached for use, including approved traffic control plans. The permit has been extended to December of 2024, and the permit extension is also attached. The contractor will be responsible to perform the work and traffic control at this location in accordance with the approved Caltrans Permit.

Caltrans will require the following items prior to work being performed under the permit:
1) Signed Form TR-0429
2) Contractor's copy of the bonds with the local agency, as applicable 3) Contractor's award / contract document with the local agency to establish that they are the prime contractor for the work.
4) Contractor's copy of the Certificate of Liability Insurance (with endorsement page) that names Caltrans as additional insured with the statement, "the State of California, the

Addendum No. 1 — June 7, 2024
BEAUMW
CIP R-36
itywide Street Rehabilitation Project FY24
California Department of Transportation, the directors, officers, employees, and/or agents of the State of California and/or the California Department of Transportation" as named additional insureds for purposes of an Encroachment Permit. Coverage needs to include, general liability, automotive, and worker's compensation with limits of coverage for each of at least $1 million per occurrence, $2 million in aggregate, and $5 million in excess.

Attachments
The following attachments are made a part of this addendum. • Revised Basis of Bid
• Revised Construction Plan Sheets 2 & 3
• Approved Caltrans Permit & Traffic Control Plans
• Approved Caltrans Permi Extension
Dated: June 7, 2024
Date Received by Bidder:

By: Matich Corporation
(Bidder's Company Name)
Zdc.&
pp (Bidder's Signature)
June 7, 2024 RO e,t i "
(Type or Print Name)
Bidder shall include a signed copy of this Addendum No. 1 with the hid proposal.

End of Addendum No. 1
2

CIP R-36
Addendum No. 2 — June 7, 2024 - Citywide Street Rehabilitation Project FY24 BEAUMON `y
Addendum No. 2
CIP R-36 Citywide Street Rehabilitation Project FY24
This addendum is for the purpose of adding, clarifying, or deleting certain information to the construction contract documents as follows:

Revised Specifications
Technical Specification Section TP13 for Roadway Excavation ad Compaction is revised as follows:
"This work includes excavating and recompacting the subgrade to a nominal depth of 12 -inches below the bottom of the proposed crushed aggregate base section. Work shall be in accordance with Section 301-1 of the standard specifications." Revised Basis of Bid
Bid Item 8 (Roadway Excavation and Recompaction) has been revised as a result of the revised Technical Specification TP13. A revised Basis of Bid is attached to this addendum and shall be used by the Contractor for bidding on this project. Only Bid Item 8 has been changed, all other bid item quantities remain the same as was provided in Addendum #1.

Attachments
The following attachments are made a part of this addendum. • Revised Basis of Bid

CIP R-36
Addendum No. 2 - June 7, 2024 ,, . Citywide Street Rehabilitation Project FY24

BEAUMONT
Dated: June 12, 2024
By: Matich Corporation
(Bidder's Company Name)
Date Received by Bidder:
(Bidder's Signature)
June 13, 2024 Robert M. Matich
(Type or Print Name)
Bidder shall include a signed copy of this Addendum No. 2 with the bid proposal.

End of Addendum No. 2
2

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
BEAUNONT CIP R-36

BID CERTIFICATION
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 149783
Expiration Date November 30, 2025
Class of license A & B
If the bidder is a joint venture, each member of the joint venture must include the above information.

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

1. Addenda No. 1 thru

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

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

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

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

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

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

Name of Bidder Matich Corporation
Signature
ze--4 1/41-ie;4'
Name and Title Robert M. Matich, President
Dated June 20, 2024

BID FORM
13

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
BEAUMONT CIP R-36

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder Matich Corporation
Signature g,dL•ec •;(! '
Name and Title Robert M. Matich, President
Dated June 20, 2024

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
14

City of Beaumont
Request for bid

BEAUMONT
-• C • l' G O tl N A•
Citywide Street Rehabilitation Project FY24
CIP R-36

BID BOND
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 The makers of this bond are,
Matich Corporation
as Principal, and
Liberty Mutual Insurance Company
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated June 20 , 20 24 , for CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

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

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

BID BOND
15

City of Beaumont
Request for bid

BEAUMONT
-C • L 1 C O W 14 1 4 -
Citywide Street Rehabilitation Project FY24
CIP R-36
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 28th day of May , 20 24 , the name and corporate seal of each corporation.
(Corporate Seal)
Matich Corporation
{Ace ?cc Well- s+i .PA5
Title
Liberty Mutual Insurance Company
(Corporate Seal) Surety
Leigh McDonough
Attorney -in -Fact
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title

BID BOND
16

CALIFORNIA ALL- PURPOSE

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

State of CALIFORNIA }
County of SAN BERNARDINO
On 5/30/2024
}
before me, G.M.Bernal Kleespies Notary Public
(Here insert name and title of the officer)
personally appeared JASON G JONES
who proved to me on the basis of satisfactory evidence to be the person(S) whose name( /are subscribed to the within instrument and acknowledged to me that she/they executed the same in his/her/their authorized capacity(ies), and that by /her/their signature(p'on the instrument the person(s), or the entity upon behalf of which the person ikted, executed the instrument.

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

WITNESS my hand and official seal.

M (LS
Notary Public Signature
z)T--
(Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT

BID BOND
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date

CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
D Trustee(s)
❑ Other
www.NotaryClasses.com 800-873-9865
G. M. KLEESPIES
COMM. #2358450
Notary Public - Califomia

SAN BERNARDINO COUNTY
Comm. Exp. MAY 4, 2025

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

Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

City of Beaumont
Request for bid

BEAUMONT
-c ILL . , 0 4 h. 1 --
Citywide Street Rehabilitation Project FY24
CIP R-36
See Attached Notary Acknowledgment

STATE OF CALIFORNIA )
) ss.

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

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

BID BOND
17

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A . , . , . FeYL .. i aSCYiCY�j
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On X 2 .S 2024 before me,
Date
personally appeared
)
Terah Lane, Notary Public
Here insert Name and Title of the Officer
Leigh McDonough
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

TERAHLANE a
COMM. #2426796 z
Notary Public - California o
Orange County It Comm. Expires Nov. 15, 2026
Place Notary Seal Above
WITNESS my hand and official seal.

Signature C ; EiA 'J � 1

OPTIONAL
Signature of IVbfary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

Corporate Officer — Title(s): _
Partner — Limited - General
Individual x Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:

Signer's Name:

Corporate Officer — Title(s):

Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:

Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

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Mutual.

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

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

POWER OF ATTORNEY
Certificate No: 8211253-977460
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jessica Alvarado, Jeri Apodaca, Kevin Cathcart, Vanessa Copeland, Maria Guise, Terah Lane, Kim Luu, Leigh McDonough, Michael D. Parizino, Lisa Pellerito, Rachel le Rheault, Mark Richardson, Heather Saltarelli, James Schaller all of the city of Irvine state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of January , 2024 .

By:

State of PENNSYLVANIA ss
County of MONTGOMERY
On this 24th day of January , 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. �G
qRY P
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE IV - OFFICERS: Section 12. Power of Attomey.

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

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

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

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

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

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

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of May , 2024 .

Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
David M. Carey, Assistant Secretary
By: 4-641-)
LMS-12873 LMIC OCIC WAIC Multi Co 02/21

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By:
eresa Pastella, Notary Public
Renee C. Llewellyn, Assistant Secretary

City of Beaumont
Request for bid
� ._ Citywide Street Rehabilitation Project FY24
BE UMONT CIP R-36

DESIGNATION OF SUBCONTRACTORS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Portion of the Work
Subcontractor
Traffic Loops
Smithson Electric
Manholes
Slurry Seal
Striping
Location of Business
OA
of Work
1938 Katella Ave.

Orange, CA 92867
EBS Utilities Adjusting
1320 East 6th Street, Suite 100
Corona, CA 92879
.68%

2.12%
American Asphalt
South
14436 Santa Ana Ave.

Fontana, CA 92337
Cal Stripe

1.51%
2040 E. Steel Road
Colton, CA 92324

1.94%

DESIGNATION OF SUBCONTRACTORS
18

City of Beaumont
Request for bid
VN Citywide Street Rehabilitation Project FY24
BEAUMONT CIP R-36
Portion of the Work
Subcontractor
Location of Business
% of Work
Name of Bidder Matich Corporation
Signature
zz-A2U
Name and Title Robert M. Matich, President
Dated June 20, 2024

DESIGNATION OF SUBCONTRACTORS
19

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
BEAUMONT CIP R-36

INFORMATION REQUIRED OF BIDDERS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: Matich Corporation

2.0 Type, if Entity: Corporation

3.0 Bidder Address: 1596 Harry Sheppard Blvd, San Bernardino, CA 92408 (909) 382-0113 (909) 382-7400
Facsimile Number Telephone Number

4.0 License Information:
149783 Class A & B November 30, 2025
License No.
1000004260
Class of License Expiration Date
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor? 105

5.1 How many years has Bidder's organization been in business under its present name? 70

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

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

INFORMATION REQUIRED OF BIDDERS
20

CONTRACTORS
C�C� STATE LICENSE BOARD
�..,, 149783
�... . MATICH CORPORATION
c . ,.> A B
En., CORP
Etei.lien DM. 1 "1130/2025 www. csib.ca.aov tibrime

Contractor Information Registration History
Legal Entity Name

MATICH CORPORATION
Legal Entity Type
Corporation
Status
Active
Registration Number
1000004260
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
P 0 BOX 10 HIGHLAND 92346 CA United States of America
Physical Address
1596 E HARRY SHEPPARD BLVD SAN BERNARDINO 92408 . ..

Email Address
Trade Name/DBA

MATICH CORPORATION
License Number(s)
CSLB:149783
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Robert Matich
Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agent of Service Name:

Robert Matich
Agent of Service Mailing Address:
1596 Harry Sheppard Blvd. San Bernardino 92408 CA United States of America Workers Compensation
Do you lease employees No
through Professional
Employer Organization
(PEO)?:

Effective Date
6/5/2018
5/8/2017
6/7/2016
7/8/2015
12/22/2014
7/1/2019
7/1/2022
Expiration Date
6/30/2019
6/30/2018
6/30/2017
6/30/2016
6/30/2015
6/30/2022
6/30/2025

City of Beaumont
Request for bid

7.1 Date of Incorporation:

7.2 State of Incorporation:

7.3 President's Name:

BEAUMONT
Citywide Street Rehabilitation Project FY24
C I P R-36
November 12, 1954
California
Robert M. Matich

7.4 Vice -President's Name(s): Jason G. Jones, Jacob O. Reade

7.5 Secretary's Name: Randall S. Valadez

7.6 Treasurer's Name: Randall S. Valadez

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

8.1 Date of Organization: N/A

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

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

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

California

11.0 What type of work does the Bidder normally perform with its own forces? AC Paving, Grading and Site Concrete

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

INFORMATION REQUIRED OF BIDDERS
21

CH

PORATION
SINCE 1918
Corporate Resolution
At a meeting of the Board of Directors of MATICH CORPORATION, a California corporation duly called and held on the 15th day of October 2021, a quorum being present the following RESOLUTION was adopted
Resolved, the Corporate Officers for Matich Corporation are:

PRESIDENT ROBERT M. MATICH
VICE PRESIDENT & TREASURER RANDALL S. VALADEZ
VICE PRESIDENT & CORPORATE SECRETEARY RANDALL S. VALADEZ VICE PRESIDENT— ESTIMATING JASON G. JONES
VICE PRESIDENT— CONSTRUCTION OPERATIONS JACOB O. READE
FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to sign document (bids, contracts, etc.) as may be necessary on behalf of MATICH CORPORATION.

I, Randall S. Valadez, Secretary of MATICH CORPORATION have compared the foregoing RESOLUTION with original thereof, as it appears in the records of the Board of Directors of said company, and do so certify that the same is true and correct transcript there from, and of the whole said original RESOLUTION.

I further certify that said RESOLUTION has not been amended or revoked and is still in full force and effect.

IN WITNESS THEREOF, I hereunto set my hand as such Secretary this 15th day of October 2021. (
Randall S. Valadez, Secretary
1596 HARRY SHEPPARD BLVD, SAN BERNARDINO 92408 • TELEPHONE (909) 382-7400 • FAX (909) 382-0191 P '-T6 `8 f2T0

City of Beaumont
Request for bid
where, and why:

No
Citywide Street Rehabilitation Project FY24
BEAUMONT CIP R=36

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

No

14.0 List Trade References:

World Oil Refining - 9302 Garfield Avenue, South Gate, CA 90280 Quinn Equipment - P.O. Box 351, Riverside. CA 92502
Robertson's Ready Mix - 200 S. Main Street, Suite 200, Corona CA 92878

15.0 List Bank References (Bank and Branch Address):

Citizens Business Bank
818 North Mountain Avenue. Upland, CA 91786

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

Alliant Insurance Services, Inc.

Heather Saltarelli
18100 Von Karman Ave., 10th Floor, Irvine, CA 92612

INFORMATION REQUIRED OF BIDDERS
22

City of Beaumont
Request for bid

BEAUMONT
B. LIST OF CURRENT PROJECTS (Backlog)
Citywide Street Rehabilitation Project FY24
CIP R-36
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
Completion Cost of Contact Name &
Date Bidder's Work Phone
*See enclosed
Job List

INFORMATION REQUIRED OF BIDDERS
23

MATICH CORPORATION - JOB LIST
Job #
Contract #
Agency/General
Job Name
L ocation
Contract Amount
Contact
Phone #
19-026
3945
Cooley Construction
LGI Homes - Cypress Point Tr. 15598
Victorville
$209,201
Ben Cooley
760 948-8400
2019 Running Total:
$38,972,405
2020 Running Total:
$54 ,313,982
21-007
4026
Cooley Constructi on
Domani - Tract 30966
Indio
$161.880
Ben Cooley
760-948-8400
21-017
4035
Cooley Constructi on
Rancho Mirage Phase 6 Streets
Rancho Mirage
$471,168
Ben Cooley
760 948-8400
21-022
0293
Myers & Sons Construction
Coachella T-1 & T-2 Pump Station
Coachella
$75.537
Aleiandra Rodriguez
323-559-5800
21-033
4040
Cooley Construction
Terramor PA 12 lrontree 2
Corona
$120.902
Ben Cool ey
760-948-8400
21-051
08-1L9804
Powell Constructors, Inc
Em ergency Work-Wat ershed/D ebris Flow Mitigation
Angelus Oaks
$150,000
J oe Schulte
909-356-8880
2021 Running Total:
$39,121,866
22-029
Los Angeles Engineering
Sierra Avenue Widening
Fontana
$1,327,588
Jayson Lau
_
626-454-5222
22-041
4072
Cooley C onstruction Inc.

Central Gas & Mart
Apple Vall ey
$289,272
B en Cooley
760-948-8421
22-050
Roadway Engineering
County Line Rd .

Calimesa
$901,527
Eric Alvarez
951-940-0045
22-053
Ames Construction
BNSF Ono Lead Track Extension
San Bernardino
$180,290
Mike Boer
951-356-1275
22-054
4078
Cooley Construction
Terramor Tr . 38051-1 & -2
Corona
$217,574
Ben Cooley
760-948-8421
22-064
210804
City of Rialto
Various Streets Reconstruction Project
Rialt o
$18,155,605
Art Cervantes
909-451.4999
22-068
Ortiz Enterprises, Inc.

Dune Palms Rd . Bridge Project
La Quinta
$249,909
Mike Adams
949-202-7233
22-069
H&H General Contractors
Santa Ana River Trail Ph. 3
San Bernardino
$395,430
Rick Garabedian
909-891-1877
22-070
Weka, Inc.

FY 2020/2021 Non -Potable Offsite Pipeline
Palm Desert
$716,832
Mark Sisemore
909-425-8700
2022 Running Total:
$71,577,102
23-010
4090
Cooley Construction
Victor Valley Conn Access Road
Victorville
$426,723.00
Ben Cooley
760-948-8400
23-012
230501
Ames Construction
BNSF Muscat Spur Project
Fontana
$1,453,680 .00
Mike Boer
951-356-1275
23-013
17-006-S
Downing Construction
Regional Sewer Conveyance Line
Desert Hot Springs
$183,271 .55
Kevin Ellis
909-382-7400
23-016
4099
Cooley Construction
Desert Willow Village II Rev . 1
Victorville
$149,388.00
Ben Cooley
760-948-8421
23-019
1485
Sukut Construction
Caltrans Route 189 Emergency Work
$200,000.00
Matt Bahnsen
6 23-020
230505
Ames Construction
UPRR Inland Empire Intermodal Terminal, MA -000190-2023 Bloomington
$326,553.96
Gerard F. Miller
602-431-2111
> 23-022
2213
Downing Construction
Adams Street Water Main Replacement
Palm Desert
$49,452 .00
Kevin Ellis
909-382-7400
23-029
4089
Cooley Construction
LGI Northgate Indio Tr. 37075 & 37076
Indio
$430,978 .00
Land Dilbeck
760-998-7444
23-033
Weka, Inc.
30 Ave. Caballeros Pipeline Pr oject
Palm Springs
$62,175 .00
Jared Himle
909-425-8700
23-034
G.L. Gayler Construction
Indian Palms RV
Indio
$237,050.00
Larry Gayler
760-399-5308
• •23-035
MLC Constructors
Milor HS
Rialto
$14,300.00
Karina Chavez
951-393-0781
23-048
230508
Ames Construction
Emergency Theodore St . Overpass Hwy . 60
Mor eno Valley
$25,000.00
Mark Biloki
951-415-3765
> 23-049
Sukut Construction
Unit 2 Ph. 5-1 Liner at San Timoteo Landfill
Moreno Valley
$92,796.00
Nick Campbell
916-633-4459
23-056
2306F0
Kasa Construction
Jurupa Ave. Landscape Median Project
Fontana
$1,183,010.00
Hector Zavala
909-457-8260
23-057
1169
MSL Electric
CVAG Regional Project, Phase 2
Palm Springs
$22,180.00
Eduardo Avina-Haupt
714-693-4837
23-063
230510
Ames Construction
Ave. 66 Water Main Ph. 1 B & 2
Thermal
$142,824.00
Andrew Lampkin
951-356-1275
23-065
23016
Riverside Construction
Cathedral Canyon Dr. & Date Palm Dr .; ATP Cycle 5
Cathedral City
$103,806.00
Ryan Camp
951-682-8308
23-066
24-33
San Bemardino County
Bloomington Ave., W.O. TX1795
Bloomington
$3,116,434.00
Thomas Bustamonte
909-387-7922
2023 Running Total:
$43,150,775
24-001
San Bernardino Intl Airport Authority
AOA Vehicle Access Road Project
San Bernardino
$1,341,626 .00
Jeff Barrow
909-677-2010
24-003
211008
City of Redlands
PMP 2023 Street Resurfacing Project
Redlands
$4,381,606.00
Gerard Nepomuceno
909-798-7584
24-004
23-120
Ironclad General Engineering
Casa Blanca Elementary Scho ol
Riverside
$496,642 .25
Jeff Tesone
909-260-9876
24-006
2306
H&H General Contractors
San Sevaine Trail - Phase 1
Fontana
$283,020.00
Rick Garabedian
909-322-4591
24-007
240501
Ames Construction
IEIT Remote Lot & LA90 M aterial Compound
Bloomington
$28,123.00
Gerard F. Miller
602-431-2111
24-008
24-01
City of Palm Springs
2024 Pavement Rehabilitation
Palm Springs
$8,799,456.00
Vonda Te ed
760-323-8253
24-009
DE-24-87-SB
City of Fontana
Jurupa Avenue Paveme nt Rehabilitatio n
Fontana
$2,016,716.00
Shawn Matejcek
909-350-7649
24-010
SB-152-DE-23
City of Fontana
Sou thridge Grid 53 Pavement Rehabilitatio n
Fontana
$1,306,547 .00
Shawn Matejcek
909-350-7649
24-011
DE-24-88-SB
City of Fontana
Randall Avenue Project
Fontana
$923,094.00
Shawn Matejcek
909-350-7649
24-012
330
Jacobsson Engineering
One Quail Place Parking Lo t Impro vements
Palm Desert
$379,488.00
Patrick Johnston
760-345-8700
24-013
SS 22-005
City_of San Bernardino
Pavement Rehabilitatio n at Twenty -One Locations, Proje San Bemardino
$7,988,612.00
TBD
TBD
24-014
2307
H&H General Contractors
North Scalehouse Improvements at Mid -Valley
Rialto
$108,423 .00
Rick Garabedian
909-322-4591
24-015
Tri-Star Contracting
Vista del Norte at Vineyards RV Park
Coachella
$91,378.00
Rodney Owens
760-251-5454
24-017
24003
Riverside Construction Co.

Civ ic Center Sto rm Drain and Oasis St Beautification Pro j Indio
$328,352 .00
Ryan Camp
951-682-8308
24-018
San Bernardino Intl Airport Authority
UAS Parking Lot Paving Project
San Bernardino
$83,507 .20
Jeff Barr ow
909-677-2010
24-019
City of Colton
FY 23-24 Asphalt Pav ing Project
Colton
$2,414,229 .00
Jim McGivem
909-370-6108
2024 Running Total:
$32,705,039

City of Beaumont
Request for bid

BEAUMONT
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
Citywide Street Rehabilitation Project FY24
CIP R-36
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project Client
Description of
Bidder's Work
Period of
Performance
Cost of Bidder's
Work
Contact Name
& Phone
*See enclosed Recent
Completed P-ojects
list.

INFORMATION REQUIRED OF BIDDERS
24

MATICH
' CORPORATION
Recent Completed Projects:

PMP 2022 Street Resurfacing Project
Description: Pavement Rehabilitation
Contract Number: 211006
Agency: City of Redlands - 35 Cajon Street, Suite 15A, Redlands, CA 92373 Contact: Goutam Dobey - (909) 798-7584 - [email protected] Contract Amount: $4,970,068.00
Completion: February 2024
2022/2023 Pavement Rehabilitation Program
Description: Pavement Rehabilitation
Contract Number: 11186
Agency: City of Yucaipa - 34272 Yucaipa Boulevard, Yucaipa, CA 92399 Contact: Daniel Meisenbach - (909) 797-2489 - [email protected] Contract Amount: $1,173,357.00
Completion: January 2024
Fred Waring Rehab, Project No. 752-23/MST00008
Description: Pavement Rehabilitation
Contract Number: C45240
Agency: City of Palm Desert - 73510 Fred Waring Drive, Palm Desert, CA 92260 Contact: Ryan Gayler - (760) 776-6393 - [email protected] Contract Amount: $3,264,473.00
Completion: December 2023
Highway 111 Phase 2 and Local Street Pavement Rehabilitation Project Description: Pavement Rehabilitation
Contract Number: 9331
Agency: City of Indian Wells - 44-950 Eldorado Drive, Indian Wells, CA 92210 Contact: Ken Seumalo - (760) 346-2489 - [email protected] Contract Amount: $2,143,000.00
Completion: October 2023
P.O. Box 10, Highland, CA. 92346 0 1596 Harry Sheppard Blvd. San Bernardino, CA, 92408 Phone (909) 382-7400 0 Fax (909) 382-0113

Foothill Blvd. from East Ave. to Hemlock Ave. Street Rehabilitation Project Description: Pavement Rehabilitation
Contract Number: SB-117-DE-23
Agency: City of Fontana - 8353 Sierra Avenue, Fontana, CA 92335 Contact: Shawn Matejcek - (909) 350-7649 - [email protected] Contract Amount: $3,161,930.00
Completion: October 2023
Wabash Ave. & Other Roads
Description: Pavement Rehabilitation
Contract Number: 22-796
Agency: County of San Bernardino DPW - 825 East 3rd Street, San Bernardino, CA 92415 Contact: Larry White - (909) 387-7924 - [email protected] Contract Amount: $3,336,334.00
Completion: August 2023
Phelan Road Intersection Improvement
Description: Pavement Rehabilitation
Contract Number: 22-728
Agency: County of San Bernardino DPW - 825 East 3rd Street, San Bernardino, CA 92415 Contact: Larry White - (909) 387-7924 - [email protected] Contract Amount: $2,056,154.00
Completion: January 2023
Street Rehabilitation at Various Locations
Description: Pavement Rehabilitation
Contract Number: C00759
Agency: City of Banning - 99 E. Ramsey St., Banning, CA 92220 Contact: Kevin Sin D. - (951) 922-3140 - [email protected] Contract Amount: $848,796:00
Completion: January 2023
Rosena Ranch Road
Description: Pavement Rehabilitation
Contract Number: 22-317
Agency: County of San Bernardino DPW - 825 East 3rd Street, San Bernardino, CA 92415 Contact: Carlos Seanez - (909) 387-7920 - [email protected] Contract Amount: $1,074,185.00
Completion: August 2022
P.O. Box 10, Highland, CA. 92346 0 1596 Harry Sheppard Blvd. San Bernardino, CA, 92408 Phone (909) 382-7400 0 Fax (909) 382-0113

2021 Pavement Rehabilitation
Description: Pavement Rehabilitation
Contract Number: 21-01
Agency: City of Palm Springs - 3200 E. Tahquitz Canyon Way - Palm Springs, CA 92262 Contact: Vonda Teed - (760) 232-8253 - vonda.teed@ palmspringsca.gov Contract Amount: $5,758,200.00
Completion: August 2022
City/County Cooperative Pavement Rehabilitation
Description: Pavement Rehabilitation
Contract Number: STR20003
Agency: City of Highland - 27215 Base Line - Highland, CA 92346 Contact: Carlos Zamano - (909) 864-6861- [email protected] Contract Amount: $2,315,112.00
Completion: May 2022
PMP 2021 Street Resurfacing Project
Description: Pavement Rehabilitation
Contract Number: 211003
Agency: City of Redlands - 35 Cajon Street, Suite 15A - Redlands, CA 92373 Contact: Goutam Dobey - (909) 798-7584 - gdobey(cityofredlands.org Contract Amount: $9,235,780.00
Completion: April 2022
P.O. Box 10, Highland, CA. 92346 0 1596 Harry Sheppard Blvd. San Bernardino, CA, 92408 Phone (909) 382-7400 0 Fax (909) 382-0113

City of Beaumont Citywide Street Rehabilitation Project FY24 Request for bid Q CIP R-36
BEA T
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

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

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

Lawrence Alarcon
Project Manager - 40%

2. Summarize each person's specialized education:

Associate Degree - Public Works Construction

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

Lawrence has 40 years of construction experiece.

4. Summarize such experience:

Mr. Alarcon's experience extends to multiple areas of the construction industry. From fieldwork, to administrative. He manages crew supervision, subcontractor & contract administrative work and plans paving schedules with multiple agencies.

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

INFORMATION REQUIRED OF BIDDERS
25

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

BEAUMONT
F ,
Citywide Street Rehabilitation Project FY24
CIP R-36
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

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

Name of Bidder Matich Corporation
Signature Za-
Name and Title Robert M. Matich, President
Dated
June 20, 2024

INFORMATION REQUIRED OF BIDDERS
26

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

NON -COLLUSION AFFIDAVIT
ANNUAL CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 I, Robert M. Matich, President , being first duly sworn, deposes and says that he is of Matich Corporation the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

Name of Bidder Matich Corporation
Signature c 3 e/-4 wC�
Name and Title Robert M. Matich, President
Dated June 20, 2024

NON -COLLUSION AFFIDAVIT
27

1 BUSINESS LICENSE CERTIFICATE
The person, firm or corporation named on this certificate is hereby granted this certificate, pursuant to the provisions of Title 5 of The Beaumont City Code to engage in, carry on or conduct, in the City of Beaumont, the business trade. calling profession, exhibition, or avocation described below. This Business Tax Certificate does not constitute evidence that alt requirements of the Beaumont City Code or regulatory agencies have been satisfied. This Business Tax Certificate is NOT TRANSFERABLE.

BUSINESS NAME: Matich Corporation
BUSINESS LOCATION: 1596 Harry Sheppard
San Bernardino, CA 92408
BUSINESS OWNER: Robert M, Matich

MATICH CORPORATION
PO BOX 10
HIGHLAND, CA 92346

TO SE POSTED IN A CONSPICUOUS PLACE

CITY OF BEAUMONT
550 East 6th Street, Beaumont, Califomia 92223
Business License Department, (951) 769-8520
Business Type: 034
Description: CONTRACTOR - GENERAL
Business License Number: 00672
Date Issued: May 14, 2024
Expiration Date: June 30, 2025
Authorized Signatu

NOT TRANS RABLE

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "C"
Insurance Certificates and Endorsements
(Insert behind this page.)
17

/
A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDIYYYY)
E/2M/DD/Y
7/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Alliant Insurance Services, Inc.
18100 Von Karman Ave 10th Floor
Irvine CA 92612

CONTACT
NAME: Alexis Berlanga

PHONE FAX
(A/C, No, Ext): 949-660-5965 (A/C, No):

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Executive Risk Indemnity Inc
35181

INSURED
Matich Corporation
1596 Harry Shepard Blvd.

San Bernardino CA 92408
INSURER B : Federal Insurance Company
20281
INSURERC: Great American Insurance Compa
16691
INSURERD:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 1013347900
REVISION NUMBER:

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

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

INSR

TYPE OF INSURANCE

INSD DDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DDIYYYY)

POLICY EXP
(MM/DDIYYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y
54303169
7/1/2023
7/1/2024

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE RETED
PREMISESO(Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000

PERSONAL & ADV INJURY
$ 1,000,000
GEN'L

AGGREGATE
X

LIMIT APPLIES
'
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ 2,000,000
Deductible
$ 5,000
B

AUTOMOBILE
X
X

LIABILITY

ANY AUTO
OWNED
x

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
54303168
7/1/2023
7/1/2024

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

PROPERTY DAMAGE
(Per accident)
$
C
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
Y
TUE405725717
7/1/2023
7/1/2024

EACH OCCURRENCE
$ 10,000,000

AGGREGATE
$ 10,000,000
DED
RETENTION $
$
g

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N
N / A
54303170
7/1/2023
7/1/2024
X
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Matich Job #24-025, Citywide Street Rehabi itation Project CIP R-36.

The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are named as Additional Insured per attached endorsements.

Thirty (30) Days Notice of Cancellation / Non -Renewal — Ten (10) Days Notice For Non -Payment of Premium.

Endorsement(s) Attached:

General Liability - Additional Insured (Form #CG 20 10 12 19) General Liability - Additional Insured Completed Operations (Form #CG 20 37 12 19) Automobile Liability - Additional Insured (Form #CA 20 48 10 13) Automobile Liability — Commercial Automobile Broad Form (Form #16-02-0292)

CERTIFICATE HOLDER

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
4-4-6uZ, Jt`€
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD nam Eblt046jrediSlt @marks of ACORD

POLICY NUMBER: 54303169

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations

WHERE REQUIRED BY WRITTEN CONTRACT

LOCATIONS AS REQUIRED BY AN EXECUTED

WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

CG 20 10 12 19
© I nsurdPsiag bet@clig afij130ic., 2018 Page 1 of 2

C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

© I nsurdPsiag bet@cliE 6fl`Fij2313c., 2018 CG 20 10 12 19

POLICY NUMBER: 54303169

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations

WHERE REQUIRED BY EXECUTED WRITTEN CONTRACT,

BUT ONLY WHEN COVERAGE FOR COMPLETED

OPERATIONS IS SPECIFICALLY REQUIRED

BY THAT CONTRACT

LOCATIONS AS REQUIRED BY AN EXECUTED

WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 © Insur aef'j
efffi123Dc., 2018 Page 1 of 1

OLICY NUMBER❑b4303169 COMMERCIAL GENERAL LIABILITY
10-02-2461 (Ed. 7-15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY INSURANCE FOR

SCHEDULED ADDITIONAL INSURED
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COMMERCIAL GENERAL LIABILITY CO LIERAGE DART
Additional Insured:

SCHEDULE
Location Of Covered Operations:

Where required by written contract. All Locations.

ILLID DOTE LIDELLrE DOE
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COMMERCIAL GENERAL LIABILITY CONDITIONS❑
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Finial ' Page 1 of 1

GL Policy No.: 54303169
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.

8. Transfer Or Waiver Of Rights Of Recovery
Against Others To Us
We will waive the right of recovery we would
otherwise have had against another person or
organization, for loss to which this insurance
applies, provided the insured has waived their
rights of recovery against such person or
organization in a contract or agreement that is
executed before such loss.

To the extent that the insured's rights to recover
all or part of any payment made under this
Coverage Part have not been waived, those rights
are transferred to us. The insured must do nothing
after loss to impair them. At our request, the
insured will bring "suit" or transfer those rights to
us and help us enforce them.

This condition does not apply to Coverage C.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V — DEFINITIONS

1. "Advertisement" means an electronic, oral, written
or other notice, about goods, products or services,
designed for the specific purpose of attracting the
general public or a specific market segment to use
such goods, products or services.
"Advertisement" does not include any e-mail
address, Internet domain name or other electronic
address or metalanguage.

2. "Advertising injury" means injury, other than
"bodily injury", "property damage" or "personal
injury", sustained by a person or organization and
caused by an offense of infringing, in that
particular part of your "advertisement" about your
goods, products or services, upon their:
a. Copyrighted "advertisement"; or
b. Registered collective mark, registered service
mark or other registered trademarked name,
slogan, symbol or title.

3. "Asbestos" means asbestos in any form, including
its presence or use in any alloy, by-product,
compound or other material or waste. Waste
includes materials to be recycled, reconditioned or
reclaimed.

4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.

However, "auto" does not include "mobile
equipment".

5."Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease;
sustained by a person, including resulting death,
humiliation, mental anguish, mental injury or shock
at any time. All such loss shall be deemed to
occur at the time of the physical injury, sickness or
disease that caused it.

6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
"Advertising injury" or "personal injury"
offenses that take place through the
Internet or similar electronic means of
communication
(3)
Form 10-02-1800 (Rev. 09-
17)
Includes copyrighted material of ISO Properties, Inc., with

POLICY NUMBER: 54303169

COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project(s):

All of your designated construction project where required by written contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medical expenses caused by accidents under
Section 1 — Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown in the Schedule
above:

1. A separate Designated Construction Project
General Aggregate Limit applies to each des-
ignated construction project, and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations.

2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, ex-
cept damages because of "bodily injury" or
"property damage" included in the "products -
completed operations hazard", and for medi-
cal expenses under Coverage C regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Con-
struction Project General Aggregate Limit for
that designated construction project. Such
payments shall not reduce the General Ag-
gregate Limit shown in the Declarations nor
shall they reduce any other Designated Con-
struction Project General Aggregate Limit for
any other designated construction project
shown in the Schedule above.

4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.

However, instead of being subject to the
General Aggregate Limit shown in the Decla-
rations, such limits will be subject to the appli-
cable Designated Construction Project Gen-
eral Aggregate Limit.

CG 25 03 05 09
© I nsurdilarg 6e110 aft2313c., 2008

B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section 1 — Coverage A, and for all
medical expenses caused by accidents under
Section 1 — Coverage C, which cannot be attrib-
uted only to ongoing operations at a single des-
ignated construction project shown in the Sched-
ule above:

1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products -completed Operations Aggregate
Limit, whichever is applicable; and

2. Such payments shall not reduce any Desig-
nated Construction Project General Aggre-
gate Limit.

C. When coverage for liability arising out of the
"products -completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products -completed operations hazard" will
reduce the Products -completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Construction
Project General Aggregate Limit.

D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contract-
ing parties deviate from plans, blueprints, de-
signs, specifications or timetables, the project will
still be deemed to be the same construction pro-
ject.

E. The provisions of Section 111 — Limits Of Insur-
ance not otherwise modified by this endorsement
shall continue to apply as stipulated.

© Insurdilaigeet@i5S affft123C)c., 2008
CG 25 03 05 09 0

Auto Policy No.: 54303168

COMMERCIAL AUTOMOBILE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.

1. EXTENDED CANCELLATION CONDITION
Paragraph A.2.b. — CANCELLATION - of the
COMMON POLICY CONDITIONS form IL 00 17 is
deleted and replaced with the following:
b. 60 days before the effective date of cancellation if we cancel for any other reason.

2. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or Formed
Organizations As Insureds
The Named Insured shown in the Declarations is
amended to include:

1. Any legally incorporated subsidiary in which
you own more than 50% of the voting stock on
the effective date of the Coverage Form.

However, the Named Insured does not include
any subsidiary that is an "insured" under any
other automobile policy or would be an
"insured" under such a policy but for its
termination or the exhaustion of its Limit of
Insurance.

2. Any organization that is acquired or formed by
you and over which you maintain majority
ownership. However, the Named Insured
does not include any newly formed or acquired
organization:
(a) That is an "insured" under any other
automobile policy;
(b) That has exhausted its Limit of Insurance
under any other policy; or
(c) 180 days or more after its acquisition or
formation by you, unless you have given
us written notice of the acquisition or
formation.

Coverage does not apply to "bodily injury" or
"property damage" that results from an "accident"
that occurred before you formed or acquired the
organization.

B. Employees as Insureds
Paragraph A.1. — WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is amended to
add the following:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.

C. Lessors as Insureds
Paragraph A.1. — WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is
amended to add the following:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor; and
(2) The "auto" is leased without a driver.

Such leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.

However, the lessor is an "insured" only
for "bodily injury" or "property damage"
resulting from the acts or omissions by:

1. You;

2. Any of your "employees" or agents;
or

3. Any person, except the lessor or
any "employee" or agent of the
lessor, operating an "auto" with the
permission of any of 1. and/or 2.
above.

D. Persons And Organizations As Insureds
Under A Written Insured Contract
Paragraph A.1 — WHO IS AN INSURED — of
SECTION II — LIABILITY COVERAGE is
amended to add the following:
f. Any person or organization with respect to
the operation, maintenance or use of a
covered "auto", provided that you and
such person or organization have agreed
under an express provision in a written
"insured contract", written agreement or a
written permit issued to you by a
governmental or public authority to add
such person or organization to this policy
as an "insured".

However, such person or organization is
an "insured" only:

Form: 16-02-0292 (Rev. 11-16) Page 1 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"

(1) with respect to the operation,
maintenance or use of a covered
"auto"; and
(2) for "bodily injury" or "property damage"
caused by an "accident" which takes
place after:
(a) You executed the "insured
contract" or written agreement; or
(b) The permit has been issued to
you.

3. FELLOW EMPLOYEE COVERAGE
EXCLUSION B.5. - FELLOW EMPLOYEE — of
SECTION II — LIABILITY COVERAGE does not apply.

4. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY

TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a. — TRANSPORTATION EXPENSES
— of SECTION III — PHYSICAL DAMAGE
COVERAGE is amended to provide a limit of $50 per
day for temporary transportation expense, subject to a
maximum limit of $1,000.

5. AUTO LOAN/LEASE GAP COVERAGE
Paragraph A. 4. — COVERAGE EXTENSIONS - of
SECTION III — PHYSICAL DAMAGE COVERAGE is
amended to add the following:
c. Unpaid Loan or Lease Amounts
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a
covered "auto" minus:

1. The amount paid under the Physical Damage
Coverage Section of the policy; and

2. Any:
a. Overdue loan/lease payments at the time of
the "loss";
b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage;
c. Security deposits not returned by the lessor:
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.

We will pay for any unpaid amount due on the loan or
lease if caused by:

1. Other than Collision Coverage only if the
Declarations indicate that Comprehensive
Coverage is provided for any covered "auto";

2. Specified Causes of Loss Coverage only if the
Declarations indicate that Specified Causes of
Loss Coverage is provided for any covered "auto";
or

3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any
covered"auto.

6. RENTAL AGENCY EXPENSE
Paragraph A. 4. — COVERAGE EXTENSIONS — of
SECTION III — PHYSICAL DAMAGE COVERAGE
is amended to add the following:
d. Rental Expense
We will pay the following expenses that you or
any of your "employees" are legally obligated
to pay because of a written contract or
agreement entered into for use of a rental
vehicle in the conduct of your business:

MAXIMUM WE WILL PAY FOR ANY ONE
CONTRACT OR AGREEMENT:

1. $2,500 for loss of income incurred by the
rental agency during the period of time that
vehicle is out of use because of actual
damage to, or "loss" of, that vehicle, including
income lost due to absence of that vehicle for
use as a replacement;

2. $2,500 for decrease in trade-in value of the
rental vehicle because of actual damage to
that vehicle arising out of a covered "loss"; and

3. $2,500 for administrative expenses incurred
by the rental agency, as stated in the contract
or agreement.

4. $7,500 maximum total amount for paragraphs

1., 2. and 3. combined.

7. EXTRA EXPENSE — BROADENED COVERAGE
Paragraph A.4. — COVERAGE EXTENSIONS — of
SECTION III — PHYSICAL DAMAGE COVERAGE
is amended to add the following:
e. Recovery Expense
We will pay for the expense of returning a
stolen covered "auto" to you.

8. AIRBAG COVERAGE
Paragraph B.3.a. - EXCLUSIONS — of SECTION
III — PHYSICAL DAMAGE COVERAGE does not
apply to the accidental or unintended discharge of
an airbag. Coverage is excess over any other
collectible insurance or warranty specifically
designed to provide this coverage.

9. AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT - BROADENED COVERAGE
Paragraph C.1.b. — LIMIT OF INSURANCE - of
SECTION III - PHYSICAL DAMAGE is deleted
and replaced with the following:
b. $2,000 is the most we will pay for "loss" in any
one "accident" to all electronic equipment that
reproduces, receives or transmits audio, visual
or data signals which, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph

2.a. above or is an integral part of that
equipment; or
An integral part of such equipment.
(3)

10. GLASS REPAIR — WAIVER OF DEDUCTIBLE
Form: 16-02-0292 (Rev. 11-16) Page 2 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its permission"

Under Paragraph D. - DEDUCTIBLE — of
SECTION III — PHYSICAL DAMAGE COVERAGE
the following is added:

No deductible applies to glass damage if the glass
is repaired rather than replaced.
11 TWO OR MORE DEDUCTIBLES
Paragraph D.- DEDUCTIBLE — of SECTION I I I —
PHYSICAL DAMAGE COVERAGE is amended to
add the following:

If this Coverage Form and any other Coverage
Form or policy issued to you by us that is not an
automobile policy or Coverage Form applies to the
same "accident", the following applies:

1. If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived; or

2. If the deductible under this Business Auto
Coverage Form is not the smaller (or smallest)
deductible, it will be reduced by the amount of
the smaller (or smallest) deductible.

12. AMENDED DUTIES IN THE EVENT OF

ACCIDENT, CLAIM, SUIT OR LOSS
Paragraph A.2.a. - DUTIES IN THE EVENT OF
AN ACCIDENT, CLAIM, SUIT OR LOSS of
SECTION IV - BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
a. In the event of "accident", claim, "suit" or
"loss", you must promptly notify us when the
"accident" is known to:
(1) You or your authorized representative, if
you are an individual;
(2) A partner, or any authorized
representative, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer, insurance manager,
or authorized representative, if you are an
organization other than a partnership or
limited liability company.

Knowledge of an "accident", claim, "suit" or
"loss" by other persons does not imply that the
persons listed above have such knowledge.

Notice to us should include:
(1) How, when and where the "accident" or
"loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and
addresses of any injured persons or
witnesses.

13. WAIVER OF SUBROGATION
Paragraph A.5. - TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US of
SECTION IV — BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:

5. We will waive the right of recovery we would
otherwise have against another person or
organization for "loss" to which this insurance
applies, provided the "insured" has waived
Form: 16-02-0292 (Rev. 11-16)
their rights of recovery against such person or
organization under a contract or agreement
that is entered into before such "loss".

To the extent that the "insured's" rights to
recover damages for all or part of any
payment made under this insurance has not
been waived, those rights are transferred to
us. That person or organization must do
everything necessary to secure our rights and
must do nothing after "accident" or "loss" to
impair them. At our request, the insured will
bring suit or transfer those rights to us and
help us enforce them.

14. UNINTENTIONAL FAILURE TO DISCLOSE

HAZARDS
Paragraph B.2. — CONCEALMENT,
MISREPRESENTATION or FRAUD of SECTION
IV — BUSINESS AUTO CONDITIONS - is deleted
and replaced with the following:

If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we will
not void coverage under this Coverage Form
because of such failure.

15. AUTOS RENTED BY EMPLOYEES
Paragraph B.5. - OTHER INSURANCE of
SECTION IV — BUSINESS AUTO CONDITIONS -
is amended to add the following:
e. Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire. If an
"employee's" personal insurance also applies
on an excess basis to a covered "auto" hired
or rented by your "employee" on your behalf
and at your direction, this insurance will be
primary to the "employee's" personal
insurance.

16. HIRED AUTO — COVERAGE TERRITORY
Paragraph B.7.b.(5). - POLICY PERIOD,
COVERAGE TERRITORY of SECTION IV —
BUSINESS AUTO CONDITIONS is deleted and
replaced with the following:
(5) A covered "auto" of the private passenger
type is leased, hired, rented or borrowed
without a driver for a period of 45 days or
less; and

17. RESULTANT MENTAL ANGUISH COVERAGE
Paragraph C. of - SECTION V — DEFINITIONS is
deleted and replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death as a result of the "bodily
injury" sustained by that person.

"Includes copyrighted material of Insurance Services Office, Inc. with its permission"

POLICY NUMBER: #54303168 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Matich Corporation
Endorsement Effective Date: 7/1/2023

SCHEDULE
Name Of Person(s) Or Organization(s): Any person or ogranization as where required per written contract prior to loss.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA 20 48 10 13
© Insur4l befQ66 aft123Dc., 2011 Page 1 of 1

OLICY NUMBER❑ 54303168

COMMERCIAL AUTO
16-02-0316 Ed. 10 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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Named Insured: Matich Corporation
Endorsement Effective Date: 7/1/2023

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization as where required by written contract prior to loss.

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16-02-0316 Ed. 10 14

Policy Number: 54303168

COMMERCIAL AUTO
CA 99 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LOSS PAYABLE CLAUSE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. We will pay, as interest may appear, you and the
loss payee named in the policy for "loss" to a
covered "auto".

B. The insurance covers the interest of the loss
payee unless the "loss" results from conversion,
secretion or embezzlement on your part.

C. We may cancel the policy as allowed by the
Cancellation Common Policy Condition.

Cancellation ends this agreement as to the loss
payee's interest. If we cancel the policy, we will
mail you and the loss payee the same advance
notice.

D. If we make any payments to the loss payee, we
will obtain his or her rights against any other party.

CA 99 44 10 13 © Insurance Services Office, Inc., 2011

Workers' Compensation and Employers' Liability Policy
Named Insured
Matich Corporation
Endorsement Number N/ A
Policy Number 54303170
Symbol: Number:

Policy Period
07/ 01/ 2023 - 07/ 01/ 2024
Effective Date of Endorsement
07/
01/
2023
Issued By (Name of Insurance Company) Federal Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Schedule

1. ( ) Specific Waiver
Name of person or organization:
( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

3. Premium:

The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium: $0
Authorized Representative
WC 90 03 75 (05/18)

/
A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDIYYYY)
E/2M/DD/Y
7/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Alliant Insurance Services, Inc.
18100 Von Karman Ave 10th Floor
Irvine CA 92612
License#: 0C36861

CONTACT
NAME: Alexis Berlanga

PHONE FAX
(A/C, No, Ext): 949-660-5965 (A/C, No): 949-756-2713
ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: AXIS Surplus Insurance Company
26620
INSURED MATICOR-01
Matich Corporation
1596 Harry Sheppard Blvd.

San Bernardino CA 92408
INSURER B :

INSURERC:

INSURERD:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 555058822
REVISION NUMBER:

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

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

INSR

TYPE OF INSURANCE
IADDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$

CLAIMS -MADE
OCCUR

DAMAGE RETED
PREMISESO(Ea occurrence)
$
MED EXP (Any one person)
$

PERSONAL & ADV INJURY
$
GEN'L

AGGREGATE

LIMIT APPLIES

PRO- JECT
PER:

LOC

GENERAL AGGREGATE
$

PRODUCTS - COMP/OP AGG
$
$

AUTOMOBILE

LIABILITY

ANY AUTO
OWNED

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY

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

PROPERTY DAMAGE
(Per accident)
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
A
Pollution Liability
CP006523-01-2024
7/1/2024
7/1/2025
Each Claim
Aggregate
Deductible
$1,000,000
$2,000,000
$5,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Matich Job No.: 24-025, Citywide Street Rehabilitation Project CIP R-36.

CERTIFICATE HOLDER

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
4-4-6, Jt`ee—gg
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD nam Eblt t) rediSlt2rg@marks of ACORD

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CITY OF BEAUMONTCitywide Street Rehabilitation and Maintenance FY24PUBLIC WORKS DEPARTMENTDate Created: 5/14/2024IPage 1065 of 1230

BEAUMONT
Website:
http://beaumontca.gov/
Address:
550 E. 6th Street
Beaumont, CA 92223

REQUEST FOR BID
FOR:

CITYWIDE STREET REHABILITATION AND
MAINTENANCE PROJECT FY24 (CIP R-36)
MAY 16, 2024

CRITICAL BID DATES, TIMES, & LOCATIONS
Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

Phone:
951.769.8520
May 16, 2024
June 20, 2024 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
May 31, 2024 @ 11:00 A.M.

June 20,2024 @ 11:05 A.M.
550 E. Sixth Street (City Hall), Room 4
CONTACTS:

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

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

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36

CITY OF BEAUMONT

CALIFORNIA

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:

ANNUAL CITYWIDE STREET REHABILITATION AND
MAINTENANCE PROJECT FY24 (CIP R-36)
Prepared Under the Supervision of:
5-16-2024
Robert Vestal, P.E., Public Works Director/City Engineer Date .. •

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36

TABLE OF CONTENTS
NOTICE INVITING BIDS 1
INSTRUCTIONS TO BIDDERS 3
BID FORM 10
BASE BID 11
BID SCHEDULE 11
ADDITIVE BID A 12
BID SCHEDULE 12
BID CERTIFICATION 13
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 14 BID BOND 15
DESIGNATION OF SUBCONTRACTORS 18
INFORMATION REQUIRED OF BIDDERS 20
NON -COLLUSION AFFIDAVIT 27
PERFORMANCE BOND 28
THIS IS A REQUIRED FORM 31
PAYMENT BOND 33
02 GENERAL CONDITIONS 35
03 SPECIAL CONDITIONS 36
04 TECHNICAL SPECIFICATIONS 37
05 CONTRACT DRAWINGS 38
06 PUBLIC WORKS AGREEMENT 39

NOTICE INVITING BIDS
1

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36

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

CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 BID DATES, TIMES, & LOCATIONS:

Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

May 16, 2024
June 20, 2024 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
Beaumont, CA 92223
May 31, 2024 @ 11:00 A.M.

June 20, 2024 @ 11:05 A.M.
550 E. Sixth Street (City Hall), Room 4
Beaumont, CA 92223
Bids received after this time will be discarded. Bids shall be valid for 90 calendar days after the bid opening date. Bids must be submitted on the City's Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:
"CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24" LOCATION OF WORK:

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

DESCRIPTION OF WORK:

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

In general, the work includes, but not limited to rehabilitate various streets throughout the City as defined in construction plans to apply slurry seal type II, cold milling, asphalt concrete overlay, remove and replace deteriorated pavement patches, access ramps, traffic control, traffic stripping and pavement markings, etc.

CONTRACT LENGTH:

The work for this contract shall not exceed 100 calendar days. Contract time shall commence upon issuance of the Notice to Proceed from the City. If The Work is not completed as stated in the Contract Documents, there will be liquidated damages in a sum of $2,000 per calendar day as stated in General Conditions, Article 43.

NOTICE INVITING BIDS
1

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
AWARD OF CONTRACT:

The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from the base bid. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

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

CONTRACT DOCUMENTS AND SPECIFICATION:

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

BID & BIDDER:

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

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

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

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:
• California Class "A" and/or required Class "C" licenses FOR FURTHER INFORMATION CONTACT:

Raveena Chara
E-mail: rchara c(�beaumontca.gov

NOTICE INVITING BIDS
2

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

INSTRUCTIONS TO BIDDERS
AVAILABILITY OF CONTRACT DOCUMENTS:

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

EXAMINATION OF CONTRACT DOCUMENTS:

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

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

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

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

INSPECTION OF SITE:

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

INSTRUCTIONS TO BIDDERS
3

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project.

ADDENDA:

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

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

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

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

ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

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

INSTRUCTIONS TO BIDDERS
4

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
MODIFICATIONS OF BIDS:

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

DESIGNATION OF SUBCONTRACTORS:

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

LICENSING REQUIREMENTS:

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

SIGNING OF BIDS:

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

Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be

INSTRUCTIONS TO BIDDERS
5

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

BID GUARANTEE (BOND):

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

SUBMISSION OF BIDS:

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

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

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

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

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

INSTRUCTIONS TO BIDDERS
6

City of Beaumont
Request for bid

BEAUMONT
Bid Price, the written amount shall govern.

Citywide Street Rehabilitation Project FY24
CIP R-36
WITHDRAWAL OF BID:

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

BASIS OF AWARD; BALANCED BIDS:

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

DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID:

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

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

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

INSURANCE REQUIREMENTS:

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

AWARD PROCESS:

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

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

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

INSTRUCTIONS TO BIDDERS
7

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
• Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing.

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

WORKERS COMPENSATION:

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

SUBSTITUTION OF SECURITY:

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

PREVAILING WAGES:

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

INSTRUCTIONS TO BIDDERS
8

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS:

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

PERFORMANCE AND PAYMENT BOND REQUIREMENTS:

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

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

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

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

END OF INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS
9

City of Beaumont
Request for bid

BID FORM
NAME OF BIDDER:

Citywide Street Rehabilitation Project FY24
CIP R-36
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)
BASE
BID

ADDITIVE A
TOTAL

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

BID FORM
10

City of Beaumont
Request for bid

BASE BID

BID SCHEDULE
Citywide Street Rehabilitation Project FY24
CIP R-36
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT
UNIT
PRICE
(FIGURES)

TOTAL COST

FIGURES
(FIGURES)

1 TEMPORARY CONSTRUCTION SIGN
4 EA
2 DIG OUTS
10,000
SF
3 SLURRY SEAL, TYPE II
75 ELT
4 COLD MILL ASPHALT CONCRETE
SURFACING [2" (0.17') DEPTH]
613,800
SF
5 COLD MILL ASPHALT CONCRETE
SURFACING [3" (0.25') DEPTH]
126,800
SF
6 HOT MIX ASPHALT,
TYPE C2 -PG 70-10-R05
12,020
TN
7 AC REMOVAL (9TH ST)
65,100
SF
8 ROADWAY EXCAVATION AND
RECOMPACTION (9TH ST)
2410
CY
9 UNSUITABLE MATERIAL (9TH ST)
1610
CY
10 CRUSHED AGGREGATE BASE (9TH
ST)
1610
CY
11 TRAFFIC STRIPPING AND

PAVEMENT MARKINGS
(in -kind replacement w/ current width
requirements)
1 LS
12 TRAFFIC LOOPS
35 EA
13 MINOR CONCRETE (CURB RAMP

CASE A)
12 EA
14 MINOR CONCRETE (CURB RAMP

CASE D)
1 15

CURB RAMP DETECTABLE

WARNING SURFACE
9 EA
16 ADJUST RIM TO GRADE
40 EA
PROJECT BASE BID SUBTOTAL:

BID FORM
11

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

ADDITIVE BID A

BID SCHEDULE
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 Additive Bid Item A would add one additional inch of overlay depth to Olive, Grace, and Walnut Avenue (South of 4th Street), as well as the alleyway between Magnolia and Beaumont Avenue.

ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
ADD
6 HOT MIX ASPHALT,
TYPE C2 -PG 70-10-R05
350
TN
PROJECT BASE BID SUBTOTAL:

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

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

BID FORM
12

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

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

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

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

1. Addenda No. thru

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

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

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

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

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

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

Name of Bidder
Signature
Name and Title
Dated

BID FORM
13

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name and Title
Dated

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
14

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36

BID BOND
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 The makers of this bond are,
as Principal, and
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 20 , for
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

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

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

BID BOND
15

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this day of , 20 , the name and
corporate seal of each corporation.
(Corporate Seal)
Principal
By
Title
(Corporate Seal) Surety
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title

BID BOND
16

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36

STATE OF CALIFORNIA )
) ss.

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

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

BID BOND
17

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

DESIGNATION OF SUBCONTRACTORS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Portion of the Work
Subcontractor
Location of Business
% of Work

DESIGNATION OF SUBCONTRACTORS
18

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
Portion of the Work
Subcontractor
Location of Business
% of Work
Name of Bidder
Signature
Name and Title
Dated

DESIGNATION OF SUBCONTRACTORS
19

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36

INFORMATION REQUIRED OF BIDDERS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder:

2.0 Type, if Entity:

3.0 Bidder Address:

Facsimile Number Telephone Number

4.0 License Information:

License No.

Class of License Expiration Date
DIR Registration No.

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

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

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

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

INFORMATION REQUIRED OF BIDDERS
20

City of Beaumont Citywide Street Rehabilitation Project FY24 Request for bid
�, CIP R-36

7.1 Date of Incorporation:

7.2 State of Incorporation:

7.3 President's Name:

7.4 Vice -President's Name(s):

7.5 Secretary's Name:

7.6 Treasurer's Name:

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

8.1 Date of Organization:

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

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

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

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

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

INFORMATION REQUIRED OF BIDDERS
21

City of Beaumont
Request for bid
where, and why:

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

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

14.0 List Trade References:

15.0 List Bank References (Bank and Branch Address):

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

INFORMATION REQUIRED OF BIDDERS
22

City of Beaumont
Request for bid
B.

BEAUMONT
LIST OF CURRENT PROJECTS (Backlog)
Citywide Street Rehabilitation Project FY24
CIP R-36
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone

INFORMATION REQUIRED OF BIDDERS
23

City of Beaumont Citywide Street Rehabilitation Project FY24 Request for bid BEAUMONT
CIP R-36
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

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

INFORMATION REQUIRED OF BIDDERS
24

City of Beaumont
Request for bid

BEAUMONT
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Citywide Street Rehabilitation Project FY24
CIP R-36
Personnel:

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

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

2. Summarize each person's specialized education:

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

4. Summarize such experience:

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

INFORMATION REQUIRED OF BIDDERS
25

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

Citywide Street Rehabilitation Project FY24
CIP R-36
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

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

Name of Bidder
Signature
Name and Title
Dated

INFORMATION REQUIRED OF BIDDERS
26

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

NON -COLLUSION AFFIDAVIT
ANNUAL CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 , being first duly sworn, deposes and says that he is
of the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

Name of Bidder
Signature
Name and Title
Dated

NON -COLLUSION AFFIDAVIT
27

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which 28

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

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

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

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

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
29

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]
30

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .

CONTRACTOR/PRINCIPAL
Name
By
SURETY:

By:

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

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
31

City of Beaumont
Request for bid

STATE OF CALIFORNIA )
) ss.

CITY OF

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
On this day of , in the year 20 , before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the
(Surety) thereto and his own name as Attorney -In -
Fact.
(SEAL)
Notary Public in and for said State
Commission expires:

NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
32

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36

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

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

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

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
33

City of Beaumont
Request for bid

BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the day of
20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) (Seal of Surety)
By
(Signature of Contractor)
Surety
By
Attorney in Fact
(Attached Attorney -In -Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
34

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36
02 GENERAL CONDITIONS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 35

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36
03 SPECIAL CONDITIONS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 36

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36
04 TECHNICAL SPECIFICATIONS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 37

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36
05 CONTRACT DRAWINGS
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 38

City of Beaumont
Request for bid
Citywide Street Rehabilitation Project FY24
CIP R-36
06 PUBLIC WORKS AGREEMENT
CITYWIDE STREET REHABILITATION AND MAINTENANCE PROJECT FY24 39

City of Beaumont
General Conditions
Citywide Street Rehabilitation Project FY24
CIP R-36

GENERAL CONDITIONS

TABLE OF CONTENTS
GC01. DEFINITIONS 1
GCO2. CONTRACT DOCUMENTS 2
GC03. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE 3
GC04. DETAIL DRAWINGS AND INSTRUCTIONS 3
GC05. EXISTENCE OF UTILITIES AT THE WORK SITE 4
GC06. SCHEDULE 5
GC07. SUBSTITUTIONS 6
GC08. SHOP DRAWINGS 7
GC09. SUBMITTALS 7
GC10. MATERIALS 8
GC11. CONTRACTOR'S SUPERVISION 8
GC12. WORKERS 8
GC13. SUBCONTRACTORS 9
GC14. PERMITS AND LICENSES 9
GC15. UTILITY USAGE 10
GC16. INSPECTION FEES FOR PERMANENT UTILITIES 10
GC17. TRENCHES 10
GC18. DIVERSION OF RECYCLABLE WASTE MATERIALS 11
GC19. REMOVAL OF HAZARDOUS MATERIALS 12
GC20. SANITARY FACILITIES 12
GC21. AIR POLLUTION CONTROL 12
GC22. COMPLIANCE WITH STATE STORM WATER PERMIT 12
GC23. CLEANING UP 13
GC24. LAYOUT AND FIELD ENGINEERING 14
GC25. EXCESSIVE NOISE 14
GC26. TESTS AND INSPECTIONS 14
GC27. PROTECTION OF WORK AND PROPERTY 15
GC28. CONTRACTORS MEANS AND METHODS 17
GC29. INSPECTOR'S FIELD OFFICE 17
GC30. AUTHORIZED REPRESENTATIVES 17
GC31. HOURS OF WORK 18
GC32. PAYROLL RECORDS 18
GC33. PREVAILING RATES OF WAGES 19
GC34. EMPLOYMENT OF APPRENTICES 20
GC35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 20 GC36. LABOR/EMPLOYMENT SAFETY 20
GC37. WORKERS' COMPENSATION INSURANCE 21
GC38. EMPLOYER'S LIABILITY INSURANCE 21
GC39. COMMERCIAL GENERAL LIABILITY INSURANCE 21
GC40. AUTOMOBILE LIABILITY INSURANCE 22
GC41. BUILDER'S RISK ["ALL RISK"] 22
GC42. FORM AND PROOF OF CARRIAGE OF INSURANCE 23
GC43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 24

GENERAL CONDITIONS
1

City of Beaumont
General Conditions
Citywide Street Rehabilitation Project FY24
CIP R-36
GC44. COST BREAKDOWN AND PERIODIC ESTIMATES 25
GC45. MOBILIZATION 26
GC46. PAYMENTS 27
GC47. PAYMENTS WITHHELD AND BACKCHARGES 28
GC48. CHANGES AND EXTRA WORK 29
GC49. OCCUPANCY 32
GC50. INDEMNIFICATION 32
GC51. RECORD ("AS BUILT") DRAWINGS 33
GC52. RESOLUTION OF CONSTRUCTION CLAIMS 33
GC53. CITY'S RIGHT TO TERMINATE CONTRACT 35
GC54. WARRANTY AND GUARANTEE 37
GC55. DOCUMENT RETENTION & EXAMINATION 38
GC56. SOILS INVESTIGATIONS 38
GC57. SEPARATE CONTRACTS 39
GC58. NOTICE AND SERVICE THEREOF 39
GC59. NOTICE OF THIRD PARTY CLAIMS 39
GC60. STATE LICENSE BOARD NOTICE 40
GC61. INTEGRATION 40
GC62. ASSIGNMENT 40
GC63. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY 40 GC64. ASSIGNMENT OF ANTITRUST ACTIONS 40
GC65. PROHIBITED INTERESTS 41
GC66. LAWS AND REGULATIONS 41
GC67. PATENT FEES OR ROYALTIES 41
GC68. OWNERSHIP OF DRAWING 42
GC69. NOTICE OF TAXABLE POSSESSORY INTEREST 42

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GC01. DEFINITIONS
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BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated. g. Engineer shall mean the General Manager, or his or her designee, of the Department of Public Works for the City of Beaumont, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" or "Representative" in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Desiqnated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.

J.

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

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

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BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
n. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.

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

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

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

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

1. Change Orders or Work Change Directives

2. Addenda

3. Special Provisions (or Special Conditions)

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor's Bid Forms

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

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12. Standard Plans

13. Reference Documents
Citywide Street Rehabilitation Project FY24
CIP R-36
With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

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

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

Additional copies may be obtained at cost of reproduction.

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

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

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

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Citywide Street Rehabilitation Project FY24
CIP R-36
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work. d. Contractor's Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor's expense.

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

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

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City of Beaumont
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BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection. f. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227- 2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.

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

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

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Citywide Street Rehabilitation Project FY24
CIP R-36
other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

GC07. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles.
c. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required

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BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. e. The Contractor shall bear all of the City's costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

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

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

GC09. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.

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Citywide Street Rehabilitation Project FY24
CIP R-36
c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

GC10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

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

GC12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

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Citywide Street Rehabilitation Project FY24
CIP R-36
b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.

GC13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.
b. The City reserves the right to Approve all subcontractors. The City's Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

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

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GC15. UTILITY USAGE
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BEAUMONT
Citywide Street Rehabilitation Project FY24
CIP R-36
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project.
c. All permanent meters Installed shall be listed in the Contractor's name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City's existing utilities by compensating the City for utilities used by Contractor.

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

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

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

GC17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:

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Citywide Street Rehabilitation Project FY24
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Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

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

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

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

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GC19. REMOVAL OF HAZARDOUS MATERIALS
Citywide Street Rehabilitation Project FY24
CIP R-36
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

GC20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL -OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted.

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

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

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

Contractor shall comply with all requirements of the State Water Resources

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Citywide Street Rehabilitation Project FY24
CIP R-36
Control Board. Contractor shall include all costs of compliance with specified requirements in the Contract amount.
b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage district, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor's failure to comply with the Permit.

GC23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also

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clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

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

GC25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL -OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced.

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

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

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

Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

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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. 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

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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. 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.

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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.

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

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

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

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

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

Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

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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 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.

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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 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.

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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 ($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

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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 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

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

GC42. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City Risk Manager. Carrier(s) shall have 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

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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.

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.

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Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer's determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. d. No Damages for Reasonable Delay. The City's liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

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.

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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.

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.

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

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

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

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

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

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

GC46. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (35) Days after the date of recordation of the Notice of Completion. 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.

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f. The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen.

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

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.

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GC48. CHANGES AND EXTRA WORK
a. Change Order Work.

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

Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days. 4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City.

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

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

Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:

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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. 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

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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 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

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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 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

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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
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost

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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.
g.

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

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

The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to the City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the

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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 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

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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.
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.

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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 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.

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GC57. SEPARATE CONTRACTS
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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 Street Rehabilitation Project FY24
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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

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from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.

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

GC66. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic 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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SPECIAL CONDITIONS

TABLE OF CONTENTS
SC -01 1
SC -02 1
SC -03 1
SC -04 1
SC -05 1
SC -06 1
SC -07 2
SC -08 2
SC -09 2
SC -10 2

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SC -01. 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 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 -02. 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.

SC -03. Contractor Staging Area. 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 -04. Inspectors Field Office. No Inspector's Field Office is required for this project. The requirements of GC -29 shall be deleted.

SC -05. Recessed Plates. Any steel plates placed on the job within existing pavement shall be recessed and flush with existing pavement.

SC -06. Progress Meetings. The Contractor 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.

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SC -07. Coordination with 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 -08. Referenced Drawings and Detailed Provisions. Any and all referenced Standard Drawings and Detailed Provisions, including City, County, Caltrans, or any other details or standards referenced in the contract documents shall be considered part of the contract drawings and specifications. The Contractor shall not be entitled to any compensation due to referenced documents not included in the Specifications and Contract Drawings.

SC -09. Construction Soils Testing. The City shall provide the geotechnical compaction testing for this project. The contractor shall coordinate with the City inspector for all required compaction testing and provide sufficient time to respond to requests. Any required re -compaction or re -installation of fill material as determined by the City shall be performed at no additional cost to the City. No additional compensation shall be provided due to delays resulting from late or insufficient coordination with the City.

SC -10. Caltrans Permit and Coordination. The City has applied for a Caltrans Permit for the traffic control required at 5th Street and Beaumont Avenue and is coordinating with Caltrans to finalize the permit. The final permit will be provided to the Contractor upon receipt. The Contractor will be required to obtain a rider permit from Caltrans prior to any work being done that requires traffic control in the Caltrans ROW.

The contractor is responsible to coordinate with Caltrans and to prepare and submit the required information to obtain their rider permit. The contractor is responsible for any fees associated with obtaining their rider permit. All costs for complying with the provisions of the Caltrans permit shall be included in the Contractor's bid price.

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