Beaumont City Council
July 21, 2026

City-wide Facility Painting
City of Beaumont
Request for bid

BEAUMONT
-CALIFORNIA-

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

City of Beaumont
Request for bid
-,-;=_.___i i

BEAUMONT
-< ORNI
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**] City-wide Facility Painting
Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
33

City of Beaumont
Request for bid
-,-;=_,.;' ,

BE MONT
-CALIFORNIA-
City-wide
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
34

City of Beaumont
Request for bid
;:=,.;',

BE MONT
-CALIFORNIA-
City-wide
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

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

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

2. Summarize each person's specialized education:

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

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
35

City-wide Facility Painting
City of Beaumont
Request for bid
Additional Bidder's Statements:

BEAUMONT
-CALIFORNIA-
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

City of Beaumont
Request for bid

BEAUMONT
-CALIFORNIA-

NON-COLLUSION AFFIDAVIT
City-wide Facility Painting
City-wide Facility Painting
, 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

City of Beaumont
Request for bid

BEAUMONT
-CALIFORNIA-
City-wide Facility Painting

NON -COLLUSION AFFIDAVIT
IN WITNESS WHEREOF, we have hereunto set our hands and seals this of , 2025.
day

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

City of Beaumont
Request for bid

STATE OF CALIFORNIA )
) ss.

CITY OF )

BEAUMONT
-CALIFORNIA-
City-wide Facility Painting
On this day of , in the year 2025, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the
(Surety) thereto and his own name as Attorney -In -
Fact.

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

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

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APPENDIX A - PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective January 1, 2025, by and between the City of Beaumont, a municipal corporation ("CITY"), and ("CONTRACTOR"), a ____ Corporation. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Community Recreation Center Interior Painting (hereinafter "Project"). CONTRACTOR's Bid, dated , is attached hereto as Exhibit A and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.

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

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

III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of ($X).

IV. PROGRESS PAYMENTS

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

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

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

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

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

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1 Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

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

IX. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY,

C26-XX
shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

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

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

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

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

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

3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and

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maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability.

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

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

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

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

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on

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the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

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

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

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.

B. Other provisions or requirements

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

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

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

4. CITY's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

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

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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

If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

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

10.Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

This provision shall also apply to any excess/umbrella liability policies.

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

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

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

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

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

15.Self-insured retentions. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by CITY.

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

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

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

XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid Bid, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a

C26-XX
violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.

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

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

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

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

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

XIII. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that David Van Dyke whose title is President is authorized to act for and bind the corporation.

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

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

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class II I disposal site in accordance with the provisions of existing law.

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

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

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

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVI. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
❑Notice Inviting Bids
❑Scope of Work Summary
❑Information for Bidders
❑Bid Form
11 Non -Collusion Affidavit
❑Site Visit Certification
❑Faithful Performance Bond
❑Labor and Materials Payment Bond
❑General and Supplemental
Conditions
❑Special Conditions
11 Project Construction Schedule
❑Proposed Subcontractors
❑Bid Bond
❑Information Required of Bidder
❑Construction Services Agreement
❑Certificate Regarding Worker's
❑Compensation
Drug -free Workplace Certification
Plans and Specifications
❑Addenda
❑Drawings
❑Change Orders
❑Shop Drawing Transmittals
❑Contractor's Certificate Regarding
INon-Asbestos Containing Materials

Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

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

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

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

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

XIII. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that David Van Dyke whose title is President is authorized to act for and bind the corporation.

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

XV. SUBSURFACE HAZARDOUS MATERIALS

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

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class I I I disposal site in accordance with the provisions of existing law.

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

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

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

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVI. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
_INotice Inviting Bids
-IScope of Work Summary
_IInformation for Bidders
Bid Form
_i Non -Collusion Affidavit
-Site Visit Certification
_i Faithful Performance Bond
Labor and Materials Payment
Bond
LGeneral and Supplemental
Conditions
(Special Conditions
iProject Construction Schedule
I Proposed Subcontractors

❑Bid Bond
❑ Information Required of Bidder
❑Construction Services Agreement
❑ Certificate Regarding Worker's
❑Compensation
❑ Drug -free Workplace Certification
❑Plans and Specifications
LAddenda
❑ Drawings
Change Orders
DShop Drawing Transmittals
❑Contractor's Certificate Regarding
❑Non -Asbestos Containing
Materials
All of the above -named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above -named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XVII. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.
[Signatures on following page.]

SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
CITY:

CITY OF BEAUMONT
By:

Chris Boatman, City Manager
CONTRACTOR:

XXX
By:

Print Name:

Title:

CITY OF BEAUMONT

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

C26-XX
APPENDIX B - Project Scope and Specifications
The purpose of this Request for Bids (RFB) is to identify and select a qualified vendor to provide professional painting services for City facilities.

Upon acceptance of the Bid, the Vendor(s) shall coordinate with the City to arrange a schedule of services and shall continue coordination at progress meetings set by the City. The Vendor shall be responsible for completing the specified services in accordance with the City's Public Works Agreement (Appendix A).

SECTION 1: GENERAL

1. SCOPE OF WORK
a. Furnish all materials, labor, and equipment required to complete all cleaning surface preparation and field application of the specified paint systems. b. Thoroughly examine these specifications, site of work, and conditions under which all work will be performed before submitting a proposal.
i. Surfaces that cannot be prepared or painted as specified shall be brought to the attention of the Owner/Owner's Representative. Notification of any such concern must be presented in writing.

2. AREAS TO BE PAINTED
a. All existing painted surfaces shall be repainted unless otherwise indicated at the following locations:
i. Police Department (660 Orange Ave.) Exterior Only — Including all fencing, gates, trash enclosures, and auxiliary buildings/sheds/structures. ii. Police Annex (1588 E 8th St.) Exterior Only - Including all fencing, gates, trash enclosures, and auxiliary buildings/sheds/structures.
iii. Albert Chatigny Recreation Center (1310 Oak Valley Pkwy) Exterior Only - Including all fencing, gates, trash enclosures, and auxiliary buildings/sheds/structures.

3. AREAS EXCLUDED FROM PAINT APPLICATION
a. Any exclusions will be identified via written addendum following the job walk and posted on PlanetBids.
b. Concealed surfaces: Unless otherwise indicated, painting is not required on surfaces such as walls or ceilings in concealed areas and generally inaccessible areas, foundation spaces, pipe spaces, dust shafts, plenum spaces, or is to remain natural.

Where an item or a surface is not specifically mentioned, paint the item, or surface the same as similar adjacent materials or surfaces.
c. Labels: Do not paint over any code -required labels, such as Underwriter's Laboratories (UL) and Factory Mutual (FM), or any equipment identification, performance rating, name, or nomenclature plates.

4. QUALITY ASSURANCE/WORKMANSHIP
a. All work is to be performed by experienced skillful craftsmen to assure finished work of first-class quality and durability.
b. Codes and Standards: Conform work and materials to regulations of State Fire Marshal, Safety Color Coding in conformance with OSHA, and all local or State Ordinances, having jurisdiction.
14

C26-XX
c. All paints and coatings shall be mixed and applied in strict accordance with the manufacturer's printed instructions.
d. All materials shall be applied evenly with proper film thickness and free of runs, sags, skips and other defects. Enamel shall be sanded lightly between coats, dusted, and cleaned before recoating.
e. All work shall be done under favorable weather conditions. Do not apply coatings under environmental conditions outside the manufacturer's absolute limits. f. Surfaces subject to moisture exposure are to be tested with a moisture meter by the Paint Contractor before paint system applications.
g. Provide continuous dust control as required to protect all surrounding areas. h. Coordinated with the Owner/Owner's Representative before using noisy equipment such as water pressure washer, compressor, generators, etc. i. Field Samples: Prepare Field Samples for the Owner or Owner's Representative's review to establish requirements for surface preparation techniques, application workmanship, color, sheen, and finish texture.
i. Field Samples shall consist of the following:

1. Provide a minimum of 25 square foot sample of each paint system, color, sheen/gloss and texture on the provided wall surface, determined by the Owner or Owner's Representative.
ii. Field sample approval required prior to full application. iii. Maintain field sample accessible to serve as a standard of quality for this Section.
iv. Maintain on -site, one copy of specification/installation-related reference documents and Safety Data Sheets.

5. DELIVERY, STORAGE, AND HANDLING
a. Comply with the Manufacturer's ordering instructions and lead-time requirements to avoid construction delays.
b. Deliver products in original, unopened containers, labeled with product identification, manufacturer, batch number and VOC Content.
c. Store materials in an area that is within the acceptable temperature range, per the Manufacturer's instructions. Protect from freezing.
d. Handle products in accordance with the Manufacturer's printed instructions. Maintain a clean, dry storage area, to prevent contamination or damage to the coatings. e. Store and dispose of materials in accordance with requirements of local authorities having jurisdiction.

6. WARRANTY
a. Warranty Period: Warranty the painting work against peeling, blistering, cracking, crazing, fading for a period of Three Years from the date of project completion. b. Approval of warranty period and confirmation of system compatibility with the substrate is required before system application. Application of coating without prior notice will not constitute acceptance by the manufacturer of inspection and guarantee procedure. c. Schedule a minimum of 4 job site inspections by the Manufacturer's authorized representative, first scheduled before application of the product.

7. SUBSTITUTIONS
a. All substitutions must be submitted in writing prior to time of bid. b. Only written approval of Owner/Owner's Representative will permit substitutions for materials specified.
c. Materials have been indicated to establish required level of quality, appearance, performance, and designed and detailed based upon the specified manufacturer's 15

C26-XX
products, materials, colors, sheen and gloss levels.

8. MAINTENANCE
a. Extra Materials: At the completion of the project provide the Owner/Owner's representative with 1 gallon of unopened finish material of each color used. i. Packaging shall bear the following legible information:

1. Color name, color number, and color placement.

SECTION 2: PRODUCTS

1. MATERIALS
a. Basis -of -Design: Provide products manufactured or distributed by The BEHR Paint Company, 1801 E. Saint Andrew, Santa Ana, CA 92705; Website: www.BehrPro.com b. Manufacturer's Contact:
i. BEHR Paint Company: Jonathan A. Juarez, CSI, CDT Architectural & Design Manager (213) 312-7516. 'on'[email protected]

2. COLORS
a. The Owner/Owner's Representative will provide color selections for all areas to be painted:
i. Police Department (660 Orange Ave.)

1. Color 1 - Cracked Pepper by Behr or Approved Color Match: Main body of the building (concrete surfaces)

2. Color 2 - Nano White by Behr or Approved Color Match: Trim, windows, railing, and flashing

3. Color 3 — Cotton Grey by Behr or Approved Color Match: Doors ii. Police Annex (1588 E 8th St.) Exterior Only

1. Color 1 - Cracked Pepper by Behr or Approved Color Match: Main body of the building (concrete surfaces)

2. Color 2 - Nano White by Behr or Approved Color Match: Trim, windows, railing, and flashing

3. Color 3 — Cotton Grey by Behr or Approved Color Match: Doors iii. Albert Chatigny Recreation Center (1310 Oak Valley Pkwy) Exterior Only

1. Color 1 - Chatura Grey by Sherwin Williams to be used for Approved Color Match from Behr: Main body of the building, walls and doors.

2. Color 2 — Natural Linen by Sherwin Williams to be used for Approved Color Match from Behr: Secondary color for exterior walls.

3. Color 3 — Sun Dried Tomato by Sherwin Williams to be used for Approved Color Match from Behr: All Metal trim
b. Dark Coats and Deep Base Colors: Regardless of the number of coats specified, apply as many coats as necessary for complete hide.

3. MIXING AND TINTING
a. Unless otherwise instructed, provide factory -mixed coatings. When required, mix coatings to correct consistency per manufacturer's instructions before application. Do not reduce, thin, or dilute coatings or add materials to coatings unless such procedure is specifically described in the manufacturer's product instructions.

SECTION 3: EXECUTION

1. EXAMINATION
a. Examine substrates and conditions under which painting will be performed for compliance with requirements for application of paint.
16

C26-XX
b. Do not begin application until unsatisfactory conditions have been corrected. c. Start of painting will be construed as the Applicator's acceptance of surfaces and conditions within a particular area.

2. EXTERIOR SURFACE PREPARATION
a. General Surface Preparation: Prepare surfaces to receive the specified finishes in compliance with the paint Manufacturer's written instructions for each substrate condition and the following.
b. Cleaning: Before applying paint or other surface treatments, clean the substrates of substances that could impair the bond of the various coatings. c. Surface Preparation:
i. PRE -CAST CONCRETE, TILT -UP PANELS, MASONRY, STUCCO:

1. High Pressure Power Wash to remove all dirt, dust, loose particles, foreign material, chalk, mildew, fungus, defective coatings, efflorescence and all surface contaminants that will interfere with adhesion of subsequent coats, without damaging the substrate or adjacent areas.

2. Hand Tool Clean and Mechanical Power Tool Clean surfaces to remove all blisters, loose and non -adhering paint. Sand edges to smooth rough areas and provide transition to old paint areas.

3. Patching Compounds: FiII and Repair cracks, small holes and imperfections on the surfaces using CTS RapidSet WunderFixx Concrete Smoothing Compound or preapproved equal. Feather edge to zero and match the surrounding surface profile.

4. Dust surfaces clean and spot prime all patched and bare areas. ii. FERROUS METAL:

1. Minimum surface preparation is Hand Tool Cleaning per SSPC-SP2.

Remove all oil and grease from the surface by Solvent Cleaning per SSPC-SP1.

2. Prime all exposed or bare metal within 1 hour.

3. All glossy or slick surfaces to be de -glossed by sanding to create sufficient profile or chemical de-glosser per manufacturer's label. iii. NON-FERROUS METAL:

1. Minimum surface preparation is Hand Tool Cleaning per SSPC-SP2.

Begin by removing all oil, grease, dirt, oxide, and other foreign material from the surface by Solvent Cleaning per SSPC-SP1. Do not use hydrocarbon solvents for cleaning.

2. Spot prime all exposed or bare metal the same day.
iv. Wood

1. Remove dirt contaminants, dust, peeling paint with a wire brush, scraper, or sanding as necessary to provide a smooth surface for paint application.

2. Abrade glossy surfaces to provide good adhesion of subsequent coats.

3. CAULK/SEALANT
a. Caulk/Sealant Vertical Installation:
i. Sealant Installation: Comply with instructions and recommendations of the manufacturer and in accordance with ASTM C 1193 Standard Guide for Use of Joint Sealants as applicable to materials, applications and conditions required by this Project where more stringent installation requirements are specified herein, such requirements shall apply.
ii. Static Joints (non-moving):
17

C26-XX

1. BEHR Weatherstrong Advanced Hybrid Sealant #BS -40 or DAP 230 Premium Elastomeric Sealant or approved equivalent.
iii. Anodized Aluminum Window frames, Metal Doors/Frame Openings:

1. Sika MasterSeal NP -1 Elastomeric Polyurethane Sealant or approved equivalent..
iv. Pre -Cast Concrete Panel Wall Expansion Joints:

1. a. Sika MasterSeal NP -2 Multi -Component High Performance Polyurethane Sealant or approved equivalent..
v. Joint Sealant Color: As selected by the Owner/Owner's Representative from manufacturer's standard selection.

4. INSTALLATION.
a. Apply all coatings and materials using methods recommended by the Manufacturer. b. Apply coatings at the spread rate required to achieve the Manufacturer's recommended dry film thickness.
c. Enamel coats shall be sanded lightly and wiped free of dust before applying next coat. d. Brush Application: Brush out each coat uniformly to eliminate laps, skips, and excess brush marks.
e. Roller Application: Avoid signs of lapping with excess paint lines from edge of roller.

Areas cut -in with a brush shall have texture, color and hiding blended to assure good appearance.
f. Spray Application: Apply before the installation of fixtures, hardware, flooring, and other finish items unless thoroughly protected. Provide uniform finish with no evidence of poor or improper application.
g. Paint and work to a natural break and maintain a wet edge during application

5. EXTERIOR FINISH SCHEDULE
a. Concrete Tilt -Up, Stucco SATIN Finish - Professional 100% Acrylic Latex i. Primer: BEHR Multi -Surface Interior/Exterior Stain -Blocking Primer & Sealer, #436*
ii. Finish: BEHR e600 Exterior Satin, #PR640 Series*
b. Ferrous Steel and Structural Iron - SEMI -GLOSS Light Industrial Finish, 100% Acrylic i. Primer: BEHR Premium Interior/Exterior Metal Primer, #435* ii. Finish: BEHR Interior/Exterior Direct -To -Metal Semi -Gloss Enamel, #3200* c. Galvanized Metal- Light Industrial Acrylic Modified Epoxy Primer/Acrylic i. Primer: BEHR Premium Interior/Exterior Metal Primer, #435* ii. Finish: BEHR Interior/Exterior Direct -To -Metal Semi -Gloss Enamel, #3200* d. Wood / Trim- Opaque Paint Finish — SEMI GLOSS Finish - Professional 100% Acrylic Latex
i. Primer: BEHR Multi -Surface Interior/Exterior Stain -Blocking Primer & Sealer, #436*
ii. Finish: BEHR e600 Exterior Latex Semi -Gloss, #PR670 Series* Approved equivalents must meet or exceed performance characteristics (VOC, durability, warranty) and be approved in writing prior to bid or via substitution request. 18

C26-XX

APPENDIX C
Police Station Images
19

iii■rJi! I I I I I I III I I
i

C26-XX

APPENDIX D
Police Station Annex Images
-
•
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1'. s

C26-XX

APPENDIX E
Albert Chatigny Recreation Center Images
I
i
22

City of Beaumont
General Conditions
City of Beaumont Invitation
for Bid
NAME OF BIDDER:

BEAUMONT
Y 4 1 c O p N I Y -

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "B"
CONTRACTOR'S Bid

BEAUMONT

BID FORM
Kodiak Painting. Inc
City-wide Facility
Painting Services
The undersigned. hereby declare that :•ve 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:

City-wide Facility Painting
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:

Seventy -Three Thousand Dollars
$73.000
TOTAL

BID PRICE
Seventy -Three Thousand Dollars
S73.000
In case of discrepancy between the v.Iritten price and the numerical price, the written price shall prevail.

City of Beaumont
General Conditions
City of Beaumont Invitation
for Bid

BEAUMONT
EXHIBIT "B"
CONTRACTOR'S Bid

BEAUMONT

BASE BID

BID SCHEDULE
City-wide Facility Painting
City-wide Facility
Painting Services
ITEM
NO

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN IT

TOTAL COST
(FIGURES)
1 Police Station Exterior Paint
1 Lump
Sum
$17.500
2 Police Station Annex Exterior Paint
1 Lump
Sum
S7,900
3 Albert Chatigny Recreation Center
Exterior Paint
1 Lump
Sum
S47,600
Total Cost
$73,000

City of Beaumont
General Conditions

BEAUMONT

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "C" GENERAL CONDITIONS

GENERAL CONDITIONS

TABLE OF CONTENTS
GC01. DEFINITIONS 6
GC02. CONTRACT DOCUMENTS 8
GC03. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE 9
GC04. DETAIL DRAWINGS AND INSTRUCTIONS 9
GC05. EXISTENCE OF UTILITIES AT THE WORK SITE 9
GC06. SCHEDULE 10
GC07. SUBSTITUTIONS 11
GC08. SHOP DRAWINGS 12
GC09. SUBMITTALS 13
GC10. MATERIALS 13
GC11. CONTRACTOR'S SUPERVISION 14
GC12. WORKERS 14
GC13. SUBCONTRACTORS 14
GC14. PERMITS AND LICENSES 14
GC15. UTILITY USAGE 15
GC16. INSPECTION FEES FOR PERMANENT UTILITIES 15
GC17. TRENCHES 15
GC18. DIVERSION OF RECYCLABLE WASTE MATERIALS 16
GC19. REMOVAL OF HAZARDOUS MATERIALS 17
GC20. SANITARY FACILITIES 17
GC21. AIR POLLUTION CONTROL 17
GC22. COMPLIANCE WITH STATE STORM WATER PERMIT 17
GC23. CLEANING UP 18
GC24. LAYOUT AND FIELD ENGINEERING 19
GC25. EXCESSIVE NOISE 19
GC26. TESTS AND INSPECTIONS 19
GC27. PROTECTION OF WORK AND PROPERTY 20
GC28. CONTRACTORS MEANS AND METHODS 22
GC29. INSPECTOR'S FIELD OFFICE 22
GC30. AUTHORIZED REPRESENTATIVES 22
GC31. HOURS OF WORK 22
GC32. PAYROLL RECORDS 23
GC33. PREVAILING RATES OF WAGES 24
GC34. EMPLOYMENT OF APPRENTICES 25
GC35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 25 GC36. LABOR/EMPLOYMENT SAFETY 25
GC37. WORKERS' COMPENSATION INSURANCE 25
GC38. EMPLOYER'S LIABILITY INSURANCE 26

City of Beaumont
General Conditions

BEAUMONT
GC39. COMMERCIAL GENERAL LIABILITY INSURANCE 26
GC40. AUTOMOBILE LIABILITY INSURANCE 27
GC41. BUILDER'S RISK ["ALL RISK"] 27
GC42. FORM AND PROOF OF CARRIAGE OF INSURANCE 28
GC43. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 29
GC44. COST BREAKDOWN AND PERIODIC ESTIMATES 30
GC45. MOBILIZATION 30
GC46. PAYMENTS 32
GC47. PAYMENTS WITHHELD AND BACKCHARGES 32
GC48. CHANGES AND EXTRA WORK 33
GC49. OCCUPANCY 36
GC50. INDEMNIFICATION 37
GC51. RECORD ("AS BUILT") DRAWINGS 37
GC52. RESOLUTION OF CONSTRUCTION CLAIMS 38
GC53. CITY'S RIGHT TO TERMINATE CONTRACT 39
GC54. WARRANTY AND GUARANTEE 41
GC55. DOCUMENT RETENTION & EXAMINATION 42
GC56. SOILS INVESTIGATIONS 43
GC57. SEPARATE CONTRACTS 43
GC58. NOTICE AND SERVICE THEREOF 43
GC59. NOTICE OF THIRD PARTY CLAIMS 44
GC60. STATE LICENSE BOARD NOTICE 44
GC61. INTEGRATION 44
GC62. ASSIGNMENT 44
GC63. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY 44 GC64. ASSIGNMENT OF ANTITRUST ACTIONS 44
GC65. PROHIBITED INTERESTS 45
GC66. LAWS AND REGULATIONS 45
GC67. PATENT FEES OR ROYALTIES 45
GC68. OWNERSHIP OF DRAWING 46
GC69. NOTICE OF TAXABLE POSSESSORY INTEREST 46
I. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by the Engineer and/or City. d. Contract Documents include 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.

City of Beaumont
General Conditions
g.

BEAUMONT
Engineer shall mean the General Manager, or his or her designee, of the Department of Public Works for the City of Beaumont, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" or "Representative" in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.

Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended unless stated otherwise.

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

Perform shall mean that the Contractor, at the Contractor's expense, shall take all actions necessary to complete The Work, including the 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 the City as provided in the Contract Documents. 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.

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.

City of Beaumont
General Conditions
q•

BEAUMONT
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.

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

1. Change Orders or Work Change Directives

2. Addenda

3. Special Provisions (or Special Conditions)

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor's Bid Forms

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

12. Standard Plans

13. Reference Documents
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.

City of Beaumont
General Conditions

BEAUMONT
III. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
The contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at the cost of reproduction.

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

IV. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, the Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to the Contractor as to materials and methods of construction and other Project requirements. The Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall 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.

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

The service connections to these utilities are not shown on the plans. It shall be

City of Beaumont
General Conditions

BEAUMONT
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.
c. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work.
d. Notwithstanding the above, pursuant to Section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection. e. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227- 2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the 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.

VI. 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,

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Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and "float time" for all "slack" or "gaps" in the non -critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor's judgment are needed to complete the Project within the time specified for completion. Schedule duration shall match the Contract time.

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

VII. 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

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material, process or article is an "or equal" material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit.

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

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

VIII. 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.

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

X. 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.

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XI. 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.

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

XIII. 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.

XIV. 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

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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.

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

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

XVI. 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.

XVII. 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.

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b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class I I I 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.

XVIII. 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

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Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

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

XX. 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.

XXI. 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.

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

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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.

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

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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.

XXIV. 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.

XXV. 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.

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

Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor's cost in compliance with the Contract Documents.

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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.

XXVII. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor's risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed.

Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.

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

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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.

XXVIII. 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.

XXIX. 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.

XXX. 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.

XXXI. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day's work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815.

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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.

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

Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations ("DIR").
c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The

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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.

XXXIII. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/ . In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

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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.

XXXIV. 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.

XXXV.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.

XXXVI. 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.

XXXVII. 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

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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.

XXXVIII. 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.

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

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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.

XL. 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.

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

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c. Such insurance shall comply with the provisions of the Contract Documents.

XLII. 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 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.

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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.

XLIII. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City's Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City's receipt or acceptance of the Contractor's proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $500 for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages.

Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer's determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.

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d. No Damages for Reasonable Delay. The City's liability to the 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.

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

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

XLV. 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 the contract amount.

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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.

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 the Contractor's superintendent at the job site as required herein.

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

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XLVI. 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 thirty-five (35) days after the date of recordation of the Notice of Completion. d. Acceptance by the Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen.

XLVII. 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 the 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.

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f. Amounts which may be due to the City for claims against Contractor. g. Failure of the Contractor to keep the record ("as -built") drawings up to date. h. Failure to provide updates on the construction schedule.

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

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.

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

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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. 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.

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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:
"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.

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 °/0) 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

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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) The Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City's change order form in an attempt to reserve additional rights. 13) If the City disagrees with the proposal submitted by the 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.

XLIX. 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

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

L. 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. The Contractor shall defend, at the Contractor's own cost, expense, and risk, with counsel of the City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. To the extent of its liability, the Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. The Contractor shall reimburse the 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.

LI. 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. The Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. The Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, the Contractor must record a cross-reference at the corresponding location on the contract drawings. The Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. The 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

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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.

LII. RESOLUTION OF CONSTRUCTION CLAIMS
a. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following the statutory procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. All Claims: All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the claimant for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) an amount the payment of which is disputed by the City. c. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City's written response shall be submitted 15 days after receiving the 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

City of Beaumont
General Conditions

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

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

LIII. 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;

City of Beaumont
General Conditions

BEAUMONT
(vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.

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

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

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.

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General Conditions

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4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation
substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience." 7) These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

LIV. 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.

City of Beaumont
General Conditions

BEAUMONT
Y 4 1 c O p N I Y -
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the county shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor's expense.
f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor's expense, and without prior notice, all Work necessary to correct such condition.
g.

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

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

LV. 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

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General Conditions

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Y 4 1 c O p N I Y -
pricing data at no additional cost to the City, for a period of four (4) years after final payment.

LVI. 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. The Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and the 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.

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

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

LVIII. 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 the Contractor's principal place of business unless the 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 the City designates another address in writing for service of notice. Notice shall be effective

City of Beaumont
General Conditions

BEAUMONT
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.

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

LX. STATE LICENSE BOARD NOTICE.

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

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

LXI. 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.

LXII. 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.

LXIII. 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.

LXIV. 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

City of Beaumont
General Conditions

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Y 4 1 c O p N I Y -
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.

LXV. 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.

LXVI. 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.

LXVII. 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,

City of Beaumont
General Conditions

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Y 4 1 c O p N I Y -
claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

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

LXIX. 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.

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "C"
Insurance Certificates and Endorsements
1

ACORD® CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
6/17/2026
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
lnszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 95742
License#: 0F82764

CONTACT
NAME: Certificate Team

PHONE FAX
(A/C, No. Ext): 877-308-9663 (A/C, No): 916-400-2625
ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Trisura Specialty Insurance Company
16188
INSURED KODIPAI-01
Kodiak Painting, Inc.
1040 North California Avenue
Beaumont, CA 92223
INSURER B: Infinity Select Insurance Company
20260
INSURER C: Nautilus Insurance Co.
17370
INSURER D: Certain Underwriter's at Lloyd's London
32727
INSURER E : Evanston Insurance Company
35378
INSURER F :

COVERAGES
CERTIFICATE NUMBER: 1354154701
REVISION NUMBER:

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

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

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE , X OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

PRO-
JECT
X
POLICY
OTHER:

LOC
Y
Y
N RG-D BG-G L 15861
9/7/2025
9/7/2026

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 1,000,000
MED EXP (Any one person)
$100,000
$ 5,000

PERSONAL & ADV INJURY
$ 1,000,000

GENERAL AGGREGATE
$ 2,000,000

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

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

X SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
Y
50031653301
3/20/2026
3/20/2027

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

PROPERTY DAMAGE
(Per accident)
C
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
DED
RETENTION $
AN 1359617
9/7/2025
9/7/2026

EACH OCCURRENCE
$ 5,000,000

AGGREGATE
$ 5,000,000

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYP ROPRI ETO R/PARTNER/EXEC UTI V E
OFF ICERIMEMBEREXCLUDED?
(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
D
E
E
Sexual Abuse & Molestation Liab.

Pollution Liability
Pollution Liability
DOO0040772580
CPLMOL140483
CPLMOL140483
3/27/2026
5/29/2026
5/29/2026
3/27/2027
5/29/2027
5/29/2027
Aggregate/Each Claim
Aggregate
Each Contractor
$1,000,000
$2,000,000
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Beaumont, its officers, officials, employees and agents are additional insured as respects to General Liability and Auto Liability insurance.

CERTIFICATE HOLDER

CANCELLATION
The City of Beaumont
its officers, officials, employees
agents and volunteers
City of Beaumont, 550 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
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD namptigg&kblail8redi2EY2Cmarks of ACORD

POLICY NUMBER: NRG-DBG-GL15861 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
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
Any person or organization when you have agreed in
a written and executed contract, prior to an
"occurrence", that such person or organization be
added as an additional insured on your policy.

Locations as required and specified by 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 04 13
© Insura ce2/ipifigt ®ijfi22 ., 2012

C. 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 shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 20 10 04 13

POLICY NUMBER: NRG-DBG-GL15861 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
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
Any person or organization when you have agreed in
a written and executed contract, prior to an
"occurrence", that such person or organization be
added as an additional insured on your policy.

All other terms and conditions remain unchanged.

All locations for which you have agreed in a written
and executed contract prior to an "occurrence".

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
CG 20 37 04 13
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 shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
© Insurance Services Office, Inc., 2012

POLICY NUMBER: NRG-DBG-GL15861

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE

CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance Condition Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to an
additional insured under your policy provided that:
(1) The additional insured is a Named Insured under
and supersedes any provision to the contrary:
such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to the additional insured.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012

POLICY NUMBER: NRG-DBG-GL15861 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST

OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization: Any person or organization with whom the insured has agreed within a written contract to waive rights of recovery, provided such written agreement is executed prior to the loss.

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

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or "your
work" done under a contract with that person or
organization and included in the "products- completed
operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.

CG 24 04 05 09
© Insurance Services Office, Inc., 2008

(EMPER Auto

COMMERCIAL
Kemper Auto Commercial
11700 Great Oaks Way, Suite 450
Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Customer Service: (800) 722-3391
Claims Service: (800) 353-6737

BLANKET ADDITIONAL INSURED ENDORSEMENT
Copy To
Policy ID Number
Expiration Date
Kodiak Painting, Inc
1040 N California Ave
Beaumont, CA 92223
50031653301 03/20/2027 12:01 a.m.

Named Insured
Kodiak Painting, Inc
This endorsement is attached to and forms a part of the policy. No changes will be effective prior to the time changes are requested.

This endorsement amends the policy as follows. Please read it carefully.

1. The definition of "Insured" is amended to include as an insured any person or organization which you are obligated by virtue of a written contract or agreement to add as an additional insured. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for the additional insured. There is no coverage for acts or omissions of any additional insured, their agent(s), or their employee(s). A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.

2. The additional Insured(s) shall not increase our limits of liability.

3. We will pay damages only if such damages arise out of acts of omission of:
a. You; or
b. Any other insured except an additional insured added under the terms of this endorsement. We will not pay damages when the damages are caused solely by a person or organization added as an additional insured under the terms of this endorsement, their agent(s), or their employee(s).

All other terms, limits, conditions and provisions of the policy remain unchanged. 500BAE01

AMEND DATE : 04/10/2026
ENDORSEMENT : 1-6

(EMPER Auto

COMMERCIAL
Kemper Auto Commercial
11700 Great Oaks Way, Suite 450
Alpharetta, GA 30022
Underwritten by: Infinity Select Insurance Company
Customer Service: (800) 722-3391
Claims Service: (800) 353-6737

BLANKET WAIVER OF SUBROGATION ENDORSEMENT
Copy To
Policy ID Number
Expiration Date
Kodiak Painting, Inc
1040 N California Ave
Beaumont, CA 92223
50031653301 03/20/2027 12:01 a.m.

Named Insured
Kodiak Painting, Inc
This endorsement is attached to and forms a part of the listed policy.

No changes will be effective prior to the time changes are requested.

1. In return for your additional fee shown below, we agree that our rights of subrogation or rights of recovery under your policy will not apply against any person(s) or organization(s):
a. For whom you are performing operations; and
b. For whom you are obligated by virtue of a written contract or agreement to waive subrogation on your policy.

2. A person's or organization's waiver of subrogation status under this endorsement ends when your operations for that person(s) or organization(s) are completed.

Additional fee in the amount of $ will be retained by us regardless of any early termination of this endorsement or the policy.

All other terms, and conditions of this policy remain unchanged. 500BWS01

AMEND DATE : 04/10/2026
ENDORSEMENT : 1-6

POLICY NUMBER: AN1359617

COMMERCIAL EXCESS LIABILITY
NE 00 31 01 19

COMMERCIAL EXCESS LIABILITY POLICY
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations„ and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the "underlying insurance".

Other words and phrases that appear in quotation marks in this policy have special meaning. Refer to Section IV — Definitions. Other words and phrases that are not defined under this policy but defined in the "underlying insurance" will have the meaning described in the policy of "underlying insurance".

The insurance provided under this policy will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this policy will apply. However, the coverage provided under this policy will not be broader than that provided by the applicable "underlying insurance".

There may be more than one "underlying insurance" policy listed in the Schedule of "underlying insurance" and provisions in those policies conflict, and which are not superseded by the provisions of this policy. In such a case, the provisions, exclusions and limitations of the "underlying insurance" applicable to the particular "event" for which a claim is made or suit is brought will apply.

SECTION I — COVERAGES

1. Insuring Agreement
a. We will pay the "ultimate net loss" in excess of the limits shown in the Schedule of "underlying insurance" because of "injury or damage" to which this insurance applies, provided that the "underlying insurance" also applies, or would apply but for the exhaustion of its applicable limits of insurance.

We will have the right and duty to defend the insured against any suit seeking damages for such "injury or damage" when the applicable limits of "underlying insurance" have been exhausted in accordance with the provisions of such "underlying insurance" by actual payment of the "underlying insurance" limits. An offer to pay or a tender of limits of "underlying insurance" are not considered to be exhaustion of such "underlying insurance" limits.

When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other suit seeking damages for "injury or damage".

However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply.

But:
(1) The amount we will pay for "ultimate net loss" is limited as described in Section II — Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this policy. However, if the policy of "underlying insurance" specifies that limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses, judgments or settlements under this policy.
b. This insurance applies to "injury or damage" that is subject to the applicable Limits Of Insurance shown on the Schedule of "underlying insurance". If any other limit, such as a sublimit, is specified in the "underlying insurance", this insurance does not apply to "injury or damage" arising out of that coverage.

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c. If the "underlying insurance" requires, for a particular claim, that the "injury or darnage" occur during its policy period in order for that coverage to apply, then this insurance will only apply to that "injury or damage" if it occurs during the policy period of this policy. If the "underlying insurance" requires that the "event" causing the particular "injury or damage" takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the "event" causing that "injury or damage" takes place during the policy period of this policy.
d. Any additional insured under any policy of "underlying insurance" will automatically be an additional insured under this 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 required by the contract, less any amounts payable by any "underlying insurance".

Additional insured coverage provided by this insurance will not be broader than coverage provided by the "underlying insurance".

2. Exclusions
The following exclusions, and any other exclusions added by endorsement, apply to this policy. In addition, the exclusions applicable to any "underlying insurance" apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this policy.

Insurance provided under this policy does not apply to:
a. Asbestos
(1) "Injury or damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, asbestos or products containing asbestos.
(2) Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remed!iating or disposing of, or in any way responding to or assessing the effects of, asbestos or products containing asbestos, by any insured or by any other person or entity.

The cost or expense of compliance with any law or regulation regarding asbestos or products containing asbestos.
(3)
(4) Any obligation to share damages with or repay someone else in connection with (1), (2), or (3) of this exclusion.
b. Auto
Any loss, cost or expense payable under or resulting from any of the following auto coverages:
(1) First -party physical damage coverage;
(2) No-fault coverage;
(3) Personal injury protection or auto medical payments coverage; or (4) Uninsured or underinsured motorists' coverage.
c. Employee Retirement Income Security Act (ERISA)
Any obligation of the insured under the Employee Retirement Income Security Act of 1974 (ERISA), and any amendments thereto or any similar federal, state or local statute. d. Employment -Related Practices
"Injury or damage" to:
(1) A person arising out of and in the course of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
(c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or malicious prosecution directed at that person.

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(2) The spouse, child, parent, brother or sister of that person as a consequence of "injury or damage" to that person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed.

This exclusion applies whether the injury -causing event described in Paragraph (a), (b) or (c) above occurs before employment, during employment or after employment of that person.

This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. e. Fungi Or Bacteria
(1) "Injury or damage" which would not have occurred, in whole or in part, but for actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such "injury or damage".
(2) Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing,. containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. (3) The cost or expense of compliance with any law or regulation regarding "fungi" or bacteria. (4) Any obligation to share damages with or repay someone else in connection with (1), (2) or (3) of this exclusion.

This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption.
f. Lead
g-
(1) "Injury or damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, lead or products containing lead.
(2) Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, lead or products containing lead, by any insured or by any other person or entity.

The cost or expense of compliance with any law or regulation regarding lead or products containing lead.
(3)
(4) Any obligation to share damages with or repay someone else in connection with (1), (2), or (3) of this exclusion.

Medical Payments
Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable "underlying insurance".
h. Named Insured Versus Named Insured
Any "injury or damage" for which any Named Insured or its employees is legally liable and costs or expenses of any Named Insured or its employees arising out of, caused, or contributed to by any "injury or damage" claimed by any other Named Insured or its employees.
i. Nuclear Energy Liability
(1) Under any Liability Coverage, to "injury or damage":
(a) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) Resulting from the "hazardous properties" of "nuclear maternal" and with respect to which:

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(i) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or
(ii) The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. (2) Under any Liability Coverage, to "injury or damage" resulting from "hazardous properties" of "nuclear material", if:
(3)
(a) The "nuclear material":
(i) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or (ii) Has been discharged or dispersed therefrom;
(b) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or (c) The "injury or damage" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions orCanada, this Exclusion (c) applies only to property damage to such "nuclear facility" and any property thereat.

As used in this exclusion:
"Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel elen to lelior onent, s or liquid, which has been used or exposed to radiation in a "nuclear reactor.
"Waste" means any waste material:
(a) Containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content; and
(b) Resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used for:
(I) Separating the isotopes of uranium or plutonium;
(ii) Processing or utilizing "spent fuel"; or
(iii) Handling, processing or packaging "waste";
(c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235;
(d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste";
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

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J•
"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Injury or damage" includes all forms of radioactive contamination of property.

Pollution
(1) "Injury or damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants at any time; or (2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants;
(b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants; or (c) Requirements by Environmental Protection Agency (EPA) 40 CFR Parts 280 and 281 for underground storage tanks, Comprehensive Environmental Response Compensation and Liability Act (CERCLA) or any similar State or Federal environmental act(s). k. Recording And Distribution of Material Or Information In Violation Of Law "Injury or damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting_ , recording_ , sending, transmitting, communicating or distribution of material or information.

I. Silica
(1) "Injury or damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, "silica" or "silica - related dust".
(2) Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica -related dust", by any insured or by any other person or entity.
(3) The cost or expense of compliance with any law or regulation regarding "silica" or "silica -related dust". (4) Any obligation to share damages with or repay someone else in connection with (1), (2), or (3) of this exclusion.
m. Sublirnited Coverage
"Injury or damage" arising out of any coverage that is subject to a limit of insurance that is less than the limit for "underlying insurance" shown in the Schedule of "underlying insurance". n. War
"Injury or damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion, or revolution.

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o. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.

SECTION II — LIMITS OF INSURANCE

1. The Limits Of Insurance shown in the Declarations, and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or suits brought, or number of vehicles involved; c. Persons or organizations making claims or bringing suits; or d. Limits available under any "underlying insurance".

2. The Limits Of Insurance of this policy will apply as follows:
a. This insurance only applies in excess of the limits shown in the Schedule of "underlying insurance". b. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss", for all "injury or damage" covered under this policy.

However, this Aggregate Limit only applies to "injury or damage" that is subject to an aggregate limit of insurance under the "underlying insurance".
c. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we wiiil pay for the sum of all "ultimate net loss" under this insurance because of all "injury or damage" arising out of any one "event". d. If the Limits Of Insurance of the "underlying insurance" are reduced by defense expenses by the terms of that policy, any payments for defense expenses we make will reduce our applicable Limits Of Insurance in the same manner.

3. If any "underlying insurance" has a policy period that is different from the policy period of this policy then, for the purposes of this insurance, the limits shown in the Schedule of "underlying insurance" will only be reduced or exhausted by payments made for "injury or damage" covered under this insurance.

The Aggregate Limit of this policy applies separately to each consecutive annual period of this policy and to any remaining period of this policy of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance.

SECTION III — CONDITIONS
The following conditions apply. In addition, the conditions applicable to any "underlying insurance" are also applicable to the coverage provided under this insurance unless superseded by the following conditions.

1. Appeals
If the "underlying insurance" carrier(s) or insured elects not to appeal a judgment in excess of the amount of the limits shown in the Schedule of "underlying insurance", we may do so at our own expense. If we elect to appeal we may also pay for:
a. Taxable court costs;
b. Pre- and post -judgment interest; and
c. Disbursements associated with such appeal.

In no event will this provision increase our liability beyond the applicable Limits Of Insurance described in Section II — Limits Of Insurance.

2. Bankruptcy
a. Bankruptcy Of Insured
Bankruptcy or insolvency of the insured or of the insureds estate will not relieve us of our obligations under this policy.

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b. Bankruptcy Of Underlying Insurer
Bankruptcy or insolvency of the "underlying insurance" carrier(s) will not relieve us of our obligations under this policy.

However, insurance provided under this policy will not replace any "underlying insurance" in the event of:
a. Bankruptcy or insolvency of the insured; or
b. Its "underlying insurance" carrier(s).

The insurance provided under this policy will apply as if the "underlying insurance" were in full effect and recoverable.

3. Duties In The Event Of An Event, Claim Or Suit
a. You must see to it that we are notified as soon as practicable of an "event", regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include:
(1) How, when and where the "event" took place;
(2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any "injury or damage" arising out of the "event". b. If a claim is made or suit is brought against any insured, you must:
(1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable.

You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other insured involved must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit;
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "injury or damage" to which this insurance may also apply. d. No insured will, except at that insured's own cost:
(1) Voluntarily make a payment;
(2) Assume any obligation; or
(3) Incur any expense, other than for first aid;
without our consent.

4. First Named Insured Duties
The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for:
a. Giving and receiving of notice of cancellation; or
b. The receipt of any return premium that may become payable.

At our request, the first Named Insured will furnish us, as soon as practicable, with:
a. A complete copy of any "underlying insurance"; and
b. Any subsequently issued endorsements or policies which may in any way affect the insurance provided under this policy.

5. Cancellation
a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.

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b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
(1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice.

6. Changes
This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized by all other insureds to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement.

7. Maintenance Of/Changes To Underlying Insurance
Any "underlying insurance" must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such "underlying insurance" that results from "injury or damage" to which this insurance applies.

Such exhaustion or reduction is not a failure to maintain "underlying insurance". Failure to maintain "underlying insurance" will not invalidate insurance provided under this policy, but insurance provided under this policy will apply as if the "underlying insurance" were in full effect.

The first Named Insured must notify us in writing, as soon as practicable, if:
a. Any "underlying insurance" is:
(1) Cancelled;
(2) Not renewed;
(3) Replaced; or
(4) Otherwise terminated; or
b. The limits or scope of coverage of any "underlying insurance" is changed.

8. Other Insurance
a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This insurance is also excess over any other insurance available to an additional insured.

This condition will not apply to insurance specifically written as excess over this policy.

When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this policy; and
(2) The total of all deductible and self -insured amounts under all that other insurance.

9. Premium Audit
a. We will compute all premiums for this policy in accordance with our rules and rates. b. If this policy is auditable, the premium shown in this policy is a deposit premium only. At the close of each audit period, we will:

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(1) Compute the earned premium for that period; and
(2) Send notice to the first Named Insured.

The due date for audit premium is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured, but not if such audit premium is less than the Minimum Premium shown in the Declarations.
c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.

10. Loss Payable
Liability under this policy does not apply to a given claim unless and until:
a. The insured or insured's "underlying insurance" carrier(s) has become obligated to pay the limits shown in the Schedule of "underlying insurance"; and
b. The obligation of the insured to pay the "ultimate net loss" in excess of the limits shown in the Schedule of "underlying insurance" has been determined by a:
(1) Final settlement or judgment; or
(2) Written agreement;
among the insured, claimant, "underlying insurance" carrier(s) (or a representative of one or more of these) and us.

11. Legal Action Against Us
No person or organization has a right under this policy:
a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with.

A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that:
a. Are not payable under the terms of this policy; or
b. Are in excess of the applicable limit of insurance.

An agreed settlement means a settlement and release of liability signed by us, the insured, "underlying insurance" carrier(s) and the claimant or the claimant's legal representative.

12. Transfer Of Defense
a. Defense Transferred To Us
When the limits of "underlying insurance" have been exhausted in accordance with the provisions of "underlying insurance", we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the "underlying insurance" had the applicable limit not been exhausted. b. Defense Transferred By Us
When our Limits Of Insurance have been exhausted, our duty to provide a defense will cease.

We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this policy of any outstanding claims or suits seeking damages:
(1) To which this insurance applies; and
(2) Which would have been covered by the "underlying insurance" had the applicable limit not been exhausted.

In the event that there is no insurance written as excess over this policy, we will cooperate in the transfer of control to the insured and its designated representative.

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13. No Duty To Notify If We Do Not Renew
If we decide not to renew this policy, we are under no obligation to mail or deliver notice of nonrenewal to any insured.

SECTION IV — DEFINITIONS
The definitions applicable to any "underlying insurance" also apply to this insurance. In addition, the following definitions apply.

1. "Event" means an occurrence, offense, accident, act, or other event, to which the applicable "underlying insurance" applies.

2. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, wet or dry rot, scents or byproducts produced or released by fungi.

3. "Injury or damage" means any injury or damage, covered in the applicable "underlying insurance" arising from an "event".

4. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds.

5. "Silica -related dust" means a mixture or combination of silica and other dust or particles.

6. "Ultimate net loss" means the total sum, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of:
a. Settlements, judgments, binding arbitration; or
b. Other binding alternate dispute resolution proceeding entered into with our consent. "Ultimate net loss" includes defense expenses if the "underlying insurance" specifies that limits are reduced by defense expenses.

7. "Underlying insurance" means any policy of insurance or self-insurance listed in the Schedule of "underlying insurance". Claims -made policies or endorsements will not be considered as "underlying insurance".

NE 003/0119
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10

AR �®

CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/vvvr)
06/22/2026
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((es) 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
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
CONTACT Automatic Data Processing Insurance Agency, Inc.

PHONE
NN , E>M): 1-800-524-7024 F(PJ AXNo):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Employers Preferred Insurance Company
10346
INSURED Kodiak Painting Inc
1040 North California Avenue
Beaumont CA 922231620

INSURER B

INSURER C
INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 5143255
REVISION NUMBER:

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

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

INSR LTR

TYPE OF INSURANCE

ADDL INSD

SUBR WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$

CLAIMS -MADE
OCCUR

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

PERSONAL & ADV INJURY
$
GEN'L

AGGREGATE
POLICY
OTHER:

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
O
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED I I RETENT ON $
$

A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YYN
N /A
Y
EIG521910903
04/01/2026
04/01/2027
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) This certificate has a blanket Waiver of Subrogation for the following state(s) :CA

CERTIFICATE HOLDER

CANCELLATION
The City of Beaumont its officers, officials, employees, agents and volunteers
550 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
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD nam baOjar4i ilMmarks of ACORD

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
With respect to all employees subject to the
workers' compensation laws of the state of
California, any person or organization for whom
the Named Insured has agreed by written
contract to furnish this waiver.

This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 04/01/2026
Policy No. EIG 5219109 03
at 12:01 AM standard time, forms a part of
Of the EMPLOYERS PREFERRED INS. CO.

Carrier Code 00920
Issued to KODIAK PAINTING INC
Premium $2,558
Countersigned at on By:

Endorsement No.

Authorized Representative
WC 04 03 06
(Ed. 4-84) © 1998 by the Workers' Compensatpralger2rnqat9fg25226u of California. All rights reserved.

i
City of Beaumont
Submissions for Solicitation City-wide Facility Painting (IFB 26-12)
Issued on 04/28/2026
Bidder
Bid Amount
Kodiak Painting, Inc
$73,000.00
Color New Corp
$78,000.00
SKY Painting
$78,000.00
HFI Inc.
$83,700.00
U.S National Corp
$96,000.00
Cosmic Color Painting
$97,000.00
Tony Painting
$108,000.00
Pacific Contractors Group Inc.
$111,000.00
Piana Construction & Painting Inc.
$114,800.00
Mariscal Painting
$119,800.00

POLYCHROME CONSTRUCTION INC
$133,000.00
European Style Painting L.L.C.
$145,000.00
Innovation Painting Inc
$159,575.00
NEP Painting Contractors Inc
$261,000.00

BEAUMONTA -C A L I F O R N -
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Doug Story, Community Services Director
BY: Don Craw, Community Services Assistant Director
DATE: July 21, 2026
SUBJECT: Amendment to the Sports Field Policy Handbook
Description: Consideration of amendments to the Sports Field Policy Handbook to establish rental rates for synthetic turf fields, designate Community Parks as non - reservable facilities, and incorporate administrative updates related to field operations and reservations.

Motion:

If the City Council determines that staff's recommendation is appropriate, the following motion is provided:

Approve the amended Sports Field Policy Handbook.

Recommendation:

Staff recommends that the City Council approve the proposed amendments to the Sports Field Policy Handbook, which update field classifications, introduce rental rates for newly added synthetic turf fields, and clarify administrative procedures to better align with current operations. The revisions reflect recent facility improvements, distinguish community parks from reservable athletic complexes to preserve public access, and maintain the City's established resident -priority structure for youth sports organizations.

These updates improve clarity, support equitable field allocation, and strengthen policy implementation. The Parks and Recreation Commission reviewed the amendments on April 27, 2026, and recommends approval.

Discussion:

On January 17, 2023, the City Council approved the Sports Field Policy Handbook to establish an equitable process for allocating athletic field use, establish priority classifications for user groups, and implement recreation fees intended to offset a portion of the City's costs associated with maintaining and operating athletic facilities.

The adopted policy was developed in response to increasing demand for sports field space and the need to provide clear procedures for field allocation, reservations, and user fees. The policy also established resident -based priority classifications to ensure that Beaumont youth recreational organizations receive priority access to City athletic facilities.

Since the adoption of the policy, the City has completed significant improvements to athletic facilities, including the installation of synthetic turf fields at the Beaumont Sports Park. Additionally, staff has evaluated field usage patterns at neighborhood parks and identified the need to distinguish between reservable athletic complexes and smaller community park open spaces intended for general public use.

The proposed amendments to the Sports Field Policy Handbook are intended to address operational needs, reflect current facility inventory, and provide greater clarity regarding permitted uses of City athletic facilities.

Synthetic Turf Field Rental Rates: The original fee structure approved by the City Council established hourly rental rates for athletic field use but did not account for synthetic turf facilities, as those fields were not yet available at the time of policy adoption. The amended policy introduces separate rental rates for synthetic turf fields across all user classifications.

The proposed rates recognize the enhanced amenities, increased durability, extended playing seasons, and additional capital investment associated with synthetic turf facilities. Establishing dedicated turf field rates ensures that users benefiting from these premium facilities contribute appropriately toward ongoing maintenance, replacement reserves, and operational expenses while maintaining the City's established resident - priority structure.

The amendments maintain the existing fee philosophy approved by the City Council in 2023 by continuing to provide reduced rates for qualifying Beaumont -based youth nonprofit organizations while assessing higher rates for non-resident and commercial users.

Community Park Classification: The amended policy establishes a new "Community Park" classification for select neighborhood parks and open field spaces throughout the City. These locations are characterized by limited amenities, including the absence of dedicated athletic infrastructure, limited parking, and restricted restroom availability.

Under the proposed amendment, Community Parks will no longer be available for field reservations or athletic field permits. These areas will remain open to the public for

informal recreation and short -duration activities but will not be scheduled through the City's sports field allocation process.

The change is intended to preserve equitable public access to neighborhood parks, reduce conflicts between organized athletic groups and park visitors, and ensure that organized practices, games, tournaments, and league activities occur at facilities specifically designed to accommodate those uses.

The policy further clarifies that field use permits will not be issued for Community Parks and prohibits tournaments, commercial activities, temporary lighting, generators, and other infrastructure typically associated with organized athletic events at these locations.

Administrative Clarifications: Additional amendments include operational updates intended to improve administration and enforcement of the Sports Field Policy Handbook, including:
• Clarification of snack bar usage requirements and permitting procedures. • Establishment of guidelines for approved food vendors and outside vendor participation.
• Updated tournament and special event definitions and application requirements. • Clarification of field classifications and reservable facility inventory. • Administrative updates to improve consistency with current Community Services Department operations.

These revisions do not alter the overall priority allocation structure previously approved by the City Council and continue to support the policy objective of providing fair and equitable access to athletic facilities while protecting City assets.

Fiscal Impact:

The addition of synthetic turf rental rates is expected to improve cost recovery associated with the operation and maintenance of City athletic facilities. No additional General Fund appropriation is requested as part of this action.

Alternatives:

N/A
Attachments:

A. Redlined Sports Field Policy Handbook
B. Sports Field Policy Handbook (Clean Version)

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Handbooks

TABLE OF CONTENTS:

INTRODUCTION:

PURPOSE OF POLICY:

DEFINITIONS:

PRIORITY GROUP CLASSIFICATIONS:

GROUP 2 CRITERIA:

APPLICATION DEADLINES:

APPLICATION PROCESS:

FIELD ALLOCATION PROCESS:

SNACK BAR USE

USE OF OUTSIDE VENDORS
FIELD LIGHTS:

FIELD USAGE AGREEMENT:

PAYMENT:

REFUND/CREDIT POLICY:

THREE SRIKES POLICY
TOURNAMENTS AND SPECIAL EVENTS:

USER FEE SCHEDULE
RESERVABLE FIELDS:

APPENDIX:

A. APPLICATION CHECKLIST
B. ORGANIZATION FACT SHEET
C. SPORTS FIELD USE AGREEMENT
D. ATHLETIC FIELD RENTAL APPLICATION
2 2
3 5
6 7
8 8
9 10
10 10
10 11
11 12
13 14

INTRODUCTION:

The City of Beaumont is dedicated to fostering healthy lifestyles and creating positive sports environments for our community. The City recognizes that providing organized youth and adult sports programs is a fundamental component of this goal. Thank you for partnering with us to provide enriching sport activities for the residents of Beaumont. We value each of you and the services you provide to our community.

The City of Beaumont Community Services Department coordinates the allocation of designated City sports fields to user groups of all ages. It is the City of Beaumont's intent to allocate sports field use to requesting qualified organizations based on residency, fairness, impartiality and need in accordance with seasonal sport priorities.

The City of Beaumont is an equal opportunity agency and will not exclude or discriminate with regard to its services, programs and activities regardless of race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression. Youth and adult sports providers utilizing Beaumont's fields and/or facilities are also required to provide equal access and cannot exclude or discriminate based on the above -mentioned criteria.

PURPOSE OF POLICY:

The City has experienced tremendous growth in sports, including new sports organizations and emerging sports. This growth is anticipated to continue. The increased demand for the use of City facilities makes it necessary to establish an equitable and fair method for allocating field use among present and future sports organizations. The policy set forth in this handbook will outline the allocation and rental policies for the permitted use of sports fields in the City.

This policy has been established to ensure that the sports field spaces at all of our parks are used for recreational, educational and community service functions that meet the needs of the community, as well as to set clear policies, procedures, regulations, and rental rates for such uses. Furthermore, to ensure that the needs of community -based organizations and groups are being met, the criteria for establishing priorities for field use and the permitting process are outlined in this manual. Any organizations and individuals who desire to use sports fields for practices, games, tournaments, or scrimmages should contact the Community Services Department and request the forms required for reservation.

City of Beaumont Sports Field Policy Handbook Page 2

DEFINITIONS:

Organization/User Group - An organized entity that has been established to provide recreation or competitive sports programs, activities, practices or games for youth and/or adult participants.

RYNP - Beaumont -based Resident Youth Non -Profit Organization.

League - A youth non-profit organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket.

New User - This is an organization which has not requested field use and/or been permitted fields in the twelve-month period preceding its submission of an Athletic Field Use Request Form. New users must adhere to the deadlines established herein in order to be eligible for field allocations. An organization, which changes its name but otherwise remains the same, shall not be considered a "new user." Splinter, spin-off or subsidiary organizations will be considered "new users" if they have less than fifty percent of the original organization's participants.

A current organization that merges with another current organization shall not be considered a "new user," provided the presidents of both merging organizations sign the allocation request form for the season in which the allocation is to take effect. New divisions of current organizations must indicate such on their Athletic Field Use Request Form.

Community Services staff will dictate the maximum amount of teams or participants for all new users. Leagues anticipating a split to form a new league or individuals planning to organize a new sports program, must notify the City six (6) months prior to the estimated starting date. This will provide the time necessary to study the impact of a new program on existing fields.

Primary User - This is a Community Services Department qualified Group 1 or 2 organization and as such, has first priority for field use during the season in which they are classified as a primary user.

Secondary User - This is a Community Services Department qualified Group 3 - 6 organization. A Group 2 user may also be considered a secondary user if they are requesting field space in a season other than that in which they are designated as a primary user for the season. A secondary user may obtain field use allocations only if: a) a field is not used by a primary user; and, b) all primary users have received all field time requested and there is unused field time not allocated to primary users.

Resident - Any participant that lives in Beaumont will be considered a Beaumont resident for priority status evaluation and allocation of athletic facilities. For the purpose of this document, "resident" shall be defined as an individual living within the incorporated boundaries of the City of Beaumont. RYNP groups must have 80% or more of the participants living within the city limits of Beaumont, California to receive priority field consideration.

Verification of residency will be conducted through an audit of registration forms performed City of Beaumont Sports Field Policy Handbook Page 3

by City Staff. It is recommended that all organizations collect proof(s) of residency from all participants and may consist of utility bills or ID with address and names of participants and or family members on them. City Staff will periodically conduct audits of registration forms collected and stored by organizations to determine if the 80% residency requirement is met.

Non- Resident - For the purpose of this document, "non-resident" shall be defined as any individual living outside the incorporated boundaries of the City of Beaumont. Non-resident groups having less than 80% of the participants per team living within the incorporated area of the City of Beaumont shall be classified as "non-resident". An organization or company located outside the incorporated boundaries of the City of Beaumont shall be classified as "non-resident". Participants unable to furnish proof of residency shall be classified as "non- resident".

Participant - In a youth league, "participant" shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league, "participant" shall include only those players eighteen (18) years of age or older. Non -players such as coaches, officials, staff, etc., shall not be included in the total number of organizational participants or used to calculate the percentage of residency for the purposes of allocating fields.

Recreational League/Team - On a recreational league/team, rules require that everyone must play. Registration is open to everyone.

Competitive League/Team - On a competitive league/team, there is no minimum play rule, and they have a selective registration and/or tryout process. (Travel clubs or teams, All Star Teams, Select Teams, etc.)
Code of Conduct - Approved classification Group 2 organizations must file a City approved Code of Conduct for participants, parents and coaches with the Community Services Department, as part of their permit requirements and application process. The Code of Conduct will outline the principles of sportsmanship, fair play and other ethical issues that relate to team sports.

Reservable Fields - City managed athletic fields, ballfields, and multi -purpose fields located in parks listed under Reservable Fields on page 15. Applications for reserved permitted athletic use are accepted and reviewed to determine if such activity is approved to be conducted. Fields are intended primarily for regular practices and games. Users with permits in hand can request the public to move to an area of the park that is not reserved.

Community Park - Open field spaces (grass areas, ballfields) listed under Community Parks on page 15 are located at various communities with limited amenities (restrooms) designed primarily for shared public use rather than extended group activities. To ensure equitable access for all visitors, group activities should not exceed one (1) hour. Field use permits will not be issued for Community Parks. Light towers, generators, portable amenities, hosting of games/tournaments/commercial events is strictly prohibited.

City of Beaumont Sports Field Policy Handbook Page 4

PRIORITY GROUP CLASSIFICATIONS:

Priority use of fields will be allocated as follows:

GROUP 1
• City -sponsored or co -sponsored events.
• Beaumont Unified School District.
• Organizations having a current joint use agreement with the City.

GROUP 2
• Non-profit youth organizations or individual teams comprised of at least 80% overall Beaumont residents conducting activities open to the general public and offered to all youth in the community (recreational leagues) and all players are afforded the opportunity to play no matter skill level.
• Organization must submit team rosters to verify GROUP 2 eligibility and meet other criteria outlined in this policy prior to scheduled use.

GROUP 3
• Non-profit youth organizations comprised of less than 80% overall Beaumont residents holding activities not offered to all youth in the community with closed or invitation only sign-ups, who accept participants on their ability to play. (Teams defined under "Competitive Team/League")
• Priority scheduling will be based on actual percentage of Beaumont residents playing in league. Must provide proof of residency (Example: utility bill) and complete team rosters including participant's name, address, city, zip code and phone number. • Organizations who cannot completely fulfill the criteria for Group 2 consideration.

GROUP 4
• Beaumont residents holding activities not open to the public. Priority scheduling will be based on actual percentage of Beaumont residents.

GROUP 5
• Beaumont based commercial, industrial or professional groups. • Other tax supported public agencies.

GROUP 6
• Non -Resident individuals, non -profits and business/professional organizations. • Returning teams have priority over new teams.

City of Beaumont Sports Field Policy Handbook Page 5

GROUP 2 CRITERIA:

To qualify as a Beaumont Youth Non -Profit Organization (RYNP) - Group 2:
• Organization must have a Charter.
• Organization must have a Board of Directors.
• Organization must have a current Determination Letter of Exempt Status, U.S. Treasury 501c3 or certify affiliation with a national non-profit organization. • Organization must have an active Determination Letter of Exempt Status, State Franchise Tax Board.
• Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing body. The national body must have governance over the association.
• Organization must coordinate league within City limits, schedule games based on registration for play in Beaumont, and maintain a 80% overall residency of participants. • Registration must be open to any Beaumont resident and not based on skill level. Every player must play. No teams defined under "Competitive Team/League" • Organization must submit game schedules prior to the start of season. Schedules must match team rosters submitted.
• Organization must be managed by volunteers. All coaches must be background checked and have completed coaches training. Background checks must be conducted by a third party and must meet requirements for a state and federal level background check. • Organization must uphold parents, coaches and participants to an approved "Code of Conduct," as initiated in their Bylaws and rules and regulations. NOTE: Failure to submit and uphold all members of an organization to an approved "Code of Conduct" may result in an organization's forfeiture of all field allocations. • Organization must conduct all sport related activity on issued field space and within time allocated based on permits.

GROUP 2 PAPERWORK REQUIRED: ( >80% Residency)
A complete RYNP Sports Fields Use Request filing packet will consist of:
• Complete team rosters including participant's name, address, city, zip code and phone number.
• League is responsible to maintain copies of the Driver's License of the Parent/Guardian with a utility bill to confirm residency. The City of Beaumont reserves the right to audit and verify any information submitted on rosters at any time to verify participation or residency.
• Residency verification paperwork to be provided upon request from City Staff and need not be submitted with request.
• Complete list of names, addresses, telephone numbers and email addresses of current Board of Directors.
• Articles of Incorporation and/or Bylaws.
• Valid Certificate of Insurance and Endorsement
• Valid Determination Letter of Exempt Status, U.S. Treasury.

City of Beaumont Sports Field Policy Handbook Page 6

• Valid Determination Letter of Exempt Status, State Franchise Tax Board. • Master Calendar of events.
• Valid City of Beaumont Business License.
• Signed Field Use and Maintenance Agreement.
• Copy of the organizations Code of Conduct.

IMPORTANT NOTE: Failure to submit the above -mentioned information (completed application) by the specified deadlines may result in loss of priority status and possible loss of some or all requested fields.

ALLOCATION PERIOD:

SPRING - Priority Season (Baseball, Softball, Flag Football) January 15- June 1
FALL - Priority Season (Football, Soccer)
August 15 - December 15
SUMMER
June 2 - August 14
Annual Maintenance closures- June 1St - August 15th & December 15th - January 15th (Usage during this period may be reduced or prohibited based upon the extent of maintenance performed).

APPLICATION DEADLINES:

Organizations Athletic Fields Request Forms/Applications and required paperwork shall be accepted:

October 1 - November 15 for SPRING
May 1 - June 15 for FALL
March 1 - 15th for SUMMER
In no case shall an application be submitted less than forty-five (45) days of intended use of field(s).

Incomplete applications will not be accepted and will be returned to the organization. This may affect the allocation process of assigning fields to the organization.

Adult Leagues Athletic Fields Request Forms/Applications, Beaumont business license and proof of insurance must be received forty-five (45) days prior to beginning of league play.

City of Beaumont Sports Field Policy Handbook Page 7

Competitive Teams/ Leagues (Groups 3 - 6) Athletic Fields Request Forms/Applications, Beaumont business license and proof of insurance must be received at time of request. Fields available, after Group 2 has been allocated, are based on residency, and whether the organization has any past due balance of fees and/or strikes issued during its rental history.

Users requesting field space in the off-season or who do not meet the application deadline will be assigned field space after allocations have been made if space is available.

APPLICATION PROCESS:

The allocation process begins with the semi-annual Sports Field Allocation Meeting.

Attendance to this meeting is mandatory, this is where current primary users discuss policies, procedures, residency requirements, field application, permits, rentals, list of required documents and other pre -requisites. Organizations not sending a representative may lose their priority rating for scheduled use of facilities.

Sports Field Request Forms to reserve the use of athletic fields are made through the City of Beaumont Community Services Department. Priority will be given to qualified groups submitting an application prior to the deadline. Applications must be submitted a minimum of forty-five (45) days prior to intended use.

All applications are subject to review by the Recreation Division and may be rejected based on date submitted, field availability and/or outstanding balance due on account.

Upon approval, applicant is financially responsible for any charges/fees applicable for use of facility. Fees must be paid in full a minimum of thirty (30) days from receiving official invoice from City of Beaumont. At the discretion of the Community Services Director credit may be given for cancellations or changes made more than fourteen (14) days before an event which will be applied to the next allocation period. The applicant will forfeit all payments/deposits and will be held financially responsible for all outstanding fees associated with the permit for events cancelled within fourteen (14) days before an event. User group may adjust permit to increase usage, but are not permitted to reduce use.

The City of Beaumont reserves the right to cancel Sports Fields Use Permits without notice due to unforeseen circumstances and/or renovation schedules.

FIELD ALLOCATION PROCESS:

Allocations will not be finalized until all required documentation has been submitted.

Incomplete applications will not be accepted.
• Permits are created based on the following criteria: season, sport, number of teams per organization, group classification, age division and league seniority, history of financial City of Beaumont Sports Field Policy Handbook Page 8

obligations, history of strikes issued.
• Permit requests are reviewed with the RYNP Organizations. • User group meetings are scheduled to review allocated field space with all assigned users on each field to resolve any schedule conflicts.
• Permits and user agreements are emailed to the Main Contact signer/representative of the organization.
• Any RYNP organization that has been allocated space and does not intend to use it regularly, must notify the Community Services Department in writing at least two (2) weeks prior to their intent to release their allocation. Any applicable fees will be collected with less than two weeks notice. Released fields will be evaluated and re -allocated per the allocation guidelines. Any fields released by an organization will not be re -instated, but may be requested for the following allocation period.
• Permit Cancelation Fee may be applied to any request submitted less than fourteen (14) days in advance of requested usage.

Use of facilities will be limited to weekdays, 2:00 p.m. - 10:00 p.m., and Saturdays and Sundays, 8:00 a.m. - 10:00 p.m. Permits may be extended on a conditional use agreement.

Park curfew is 10:00 p.m. - 7:00 a.m. Sports Fields are closed from time to time for maintenance and on all major holidays. Permits may be obtained on a rental basis or conditional use agreement. Groups failing to comply with scheduled field closures may have their permits revoked.

The Community Services Department's first priority is to provide game facilities and to maintain the facility. Practice requirements are the second priority.

In allotting facilities, the City will also consider returning teams in each group, over new teams. New teams and organizations must still attend the Sports Field Allocation Meeting.

New teams desiring field use will be placed on a one year wait list. This applies to leagues anticipating a split to form a new league/program or individuals planning to organize a new sports program. This will provide the time necessary to study the impact of the new program on existing facilities.

Every attempt will be made to meet schedule requests. However, youth organizations should not assume field availability for new/or expanding programs. The City has the final say in which field(s) your organization is assigned. Priority does not guarantee that your organization will receive all the fields or times requested.

SNACK BAR USE
Groups approved for snack bar use must enter into a seasonal facility use agreement with the City. This agreement will outline responsibilities, usage periods, and facility standards. All food sales must comply with Riverside County Health Department codes and requirements. Organizations operating a snack bar must also submit proof of insurance, a City of Beaumont Business License, and a Riverside County Health Permit before approval is granted. Submittal instructions will be provided upon request.

City of Beaumont Sports Field Policy Handbook Page 9

USE OF OUTSIDE VENDORS
Organizations wishing to include vendors in conjunction with a field reservation must receive prior approval from the City. Only food trucks listed on the City's approved vendor list are permitted to operate within park facilities in association with a field reservation.

All other food vendors, merchandise vendors, or commercial activities are not permitted under a standard field reservation and will require the event organizer to obtain a Special Event Permit.

Approved food vendors must comply with applicable county regulations, including distance requirements from restroom facilities. Organizations must coordinate with City staff to determine suitable vendor placement.

FIELD LIGHTS:

Field Lights are scheduled through a third -party company Lights On Sights www.lightsonsites.com . All User Groups will be required to create an account, with a credit card to be utilized for payment. Lights can be scheduled through the Recreation Coordinator. It is the responsibility of the User Group to turn lights on and off.

Organizations found with lights on and no activity on the field will be billed accordingly.

Failure to pay light fees may result in field permits to be revoked or light usage to be halted until payment has been made.

FIELD USAGE AGREEMENT:

All users will be required to sign a Field Usage Agreement each allocation period. The agreement spells out specific usage requirements including insurance requirements, maintenance responsibilities, and City contact information.

PAYMENT:

All approved field rental groups are required to ensure all field fees are paid thirty (30) days after receiving the official invoice from City of Beaumont. Payments are based on the total balance due, not the balance for use "to -date". Outstanding balances may not be carried over into the next allocation period. Acceptable methods of payment are check or credit card in person at City Hall Customer Service or over the phone.

Failure to pay the outstanding balance on or before the end of the allocation period will result in the group forfeiting priority on traditional fields and non -issuance of permits for upcoming allocation periods.

City of Beaumont Sports Field Policy Handbook Page 10

REFUND/CREDIT POLICY:

No refunds. Accounts may be credited and/or revised based on usage, cancellation or rescheduled date. Fields may not be used during inclement weather incidents. Cancellations due to rain or inclement weather will be determined by the Community Services Department and will be communicated in a timely manner. Permits will be credited for weather -related cancellations.

THREE SRIKES POLICY
Purpose - The purpose of this policy is to implement a systematic method of enforcing the Municipal Code and the Sports Fields Policy Handbook.

IMPORTANT NOTE: Strikes issued should serve as a warning sign to potential issues that may immediately jeopardize all permits held by the organization.

Policy - The City of Beaumont reserves the right to cancel or suspend approved outdoor field permits for games, practices and other usages based on user groups violating the City Municipal Code or established Sports Fields Policy Handbook.

The following are examples that may result in strikes being issued:
• Unpermitted use of fields.
• Unpermitted use of park space not designated for intended athletic sport related use. • Unpermitted vending on City park property
• Organizations found to be practicing or playing games prior to or outside of their permitted time and/or date.
• Organizations found to be practicing or playing games in locations other than those authorized by the City of Beaumont.
• Organizations found to be sub -letting or swapping field permits with any other organizations.
• Organizations found to be practicing or playing games on fields which have been previously closed due to inclement weather or any other purpose. • Organizations failing to meet monthly financial obligations. • Organizations conducting adult practice and/or games on fields allocated to youth. • Organizations not utilizing permitted fields and leaving the lights on. • League representative disrespecting a field monitor, City Staff, or organization representative.
• Failure to clean field, facility or snack bar after use.

Strike One:
• Consists of documented activity in direct violation of the City Municipal Code or Sports Fields Policy.
• Penalty - A letter will be written to the user group president and field allocation City of Beaumont Sports Field Policy Handbook Page 11

representative documenting the violation. The letter will be placed in the group's file.

Strike Two:
• Occurs after a second documented violation within a current allocation period. • Penalty - The group will be informed in writing that a Community Services staff member will be assigned to their permitted activity at the respective park where the violation occurred. The staff member will monitor activity at the site and report any further violations to the City, at cost to user.

IMPORTANT NOTE: Staff costs will be absorbed by the organization as stated by the City of Beaumont Schedule of Fees.

Strike Three:
• The third documented violation within the current allocation period. • Penalty - All permits held by said organization/entity for the remainder of the allocation period and future allocation will be revoked.

Appeals:
• Any strike may be appealed by submitting as Application for Appeal (available upon request) and can be submitted to the Community Services Committee for review and consideration.

TOURNAMENTS AND SPECIAL EVENTS:

A tournament is defined as any set of games played between teams, where neither team is affiliated with the local organization that reserved the field. If, at any point during the event, no local teams are participating in a scheduled matchup, the activity shall be classified as tournament use.

Example: During regional playoffs, if teams from outside the local organization compete against one another —without any local organization teams participating —this constitutes a tournament.

A separate tournament/special event checklist and application must be submitted. In accordance with the City's Planning Department procedures, this application must include a parking plan, details regarding restroom access, and any requests for food vendors.

Tournament/special event applicants must receive City approval to sell food, use food trucks or use a snack bar and/or barbeque.

Special Events are defined as an activity in which an event is outside the normal scope of the Organization's purpose will be required to complete an Event Checklist. Checklists must be completed within the allocation window or minimum (45) forty-five days prior to event.

City of Beaumont Sports Field Policy Handbook Page 12

USER FEE SCHEDULE
The City charges fees to offset public expenses to operate, maintain, supervise and administer the use of park and athletic facilities. Fees for use of sports fields shall be in accordance with current Schedule of Fees, set by resolution and approved by City Council.

All permits adjusted $10.00 per transaction
Permit Cancellation Fee $100.00
Group 2 ( >80% residency)
Team/Youth Group (Grass)
Team/Youth Group (Turf)
Team/Youth Group Tournament (Grass)
Team/Youth Group Tournament (Turf)
Group 3-5: ( <80% residency)
Team/Youth Group (Grass)
Team/Youth Group (Turf)
Team/Adult Group (Grass)
Team/Adult Group (Turf)
Group 6:

Team/Youth Group Non -Resident (Grass)
Team/Youth Group Non -Resident (Turf)
Adult Group Non -Resident (Grass)
Adult Group Non -Resident (Turf)
Additional Fees:

Tournaments (Grass)*
Tournaments (Turf)*
Lights - Sports Park Soccer Complex
Lights - Rangel Park
Lights - Stewart Park
Key Deposit (Refundable)
Additional Keys
Maintenance Worker
Park Monitor (Recreation Specialist)
Snack Bar (Rangel and Sports Park)
$5.00 per hour/per field
$10.00 per hour/per field
$10.00 per hour/per field
$15.00 per hour/per field
$15.00 per hour/per field
$30.00 per hour/per field
$20.00 per hour/per field
$40.00 per hour/per field
$30.00 per hour/per field
$60.00 per hour/per field
$30.00 per hour/per field
$60.00 per hour/per field
$30.00 per hour/per field
$60.00 per hour/per field
$30.00 per hour/per field
$30.00 per hour
$30.00 per hour
$45.00
$15.00 each key
$65.00 per hour
$20.00 per hour
$50.00 per day
*Separate Tournament and/or Special Event Application needed for Tournaments or non- practice/game sporting events.

City of Beaumont Sports Field Policy Handbook

RESERVABLE FIELDS:

Sports Park Field 1 (Turf) - U12
Sports Park Field 2 (Turf) - U19 or U12
Sports Park Field 3
Sports Park Field 4
Sports Park Field 5 - (Football Field)
Sports Park Field 6 (Ballfields 1, 2, 3)
Fallen Heroes Park (Upper Field)
Fallen Heroes Park (Lower Field)
DeForge Park Multi -Purpose Field
DeForge Park Ballfield
Rangel Park Ballfield
Mickelson Park Multi -Purpose Field
Sorenstam Park Multi -Purpose Field
COMMUNITY PARK* (Not Reservable)
Stetson Park Grass Area
Palmer Park Ballfield
Palmer Park Grass Area
Trevino Park Ballfield
Trevino Park Grass Area
Shadow Creek Park Grass Area
Wildflower Park Grass Area
Mountain View Park Grass Area
Three Rings Ranch Ballfield
Three Rings Ranch Grass Area
Location
Beaumont Ave and Brookside Ave
Beaumont Ave and Brookside Ave
Beaumont Ave and Brookside Ave
Beaumont Ave and Brookside Ave
Beaumont Ave and Brookside Ave
Beaumont Ave and Brookside Ave
Oak View Drive and Iris St
Oak View Drive and Iris St
Seneca Springs Pkwy and Potrero Blvd
Seneca Springs Pkwy and Potrero Blvd
W 4th Street and B Street
Mickelson Dr and Ford St
Sorenstam Dr
Morgan Ave and S Monte Verde Dr
Palmer Ave and Trevino Trail
Palmer Ave and Trevino Trail
Tukwet Canyon Pkwy
Tukwet Canyon Pkwy
Oak Valley Pkwy and Gateway Dr/Connor Ct
Tulip Circle S and Tulip Circle W
Sunburst Dr and Sundance Cir
Calumet Ave and Brookside Ln
Calumet Ave and Brookside Ln
*Due to limited amenities at Open Field Space parks, these areas are designed primarily for shared public use rather than extended group activities. To ensure equitable access for all visitors, group use should not exceed one (1) hour per session
City of Beaumont Sports Field Policy Handbook

CITY OF BEAUMONT

SPORTS FIELD APPLICATION

CHECKLIST
_ PARKS AND

BEAUMONT RECREATION
Organization Name:

Contact Person:
*Best Contact Phone Number:

Email:

Paperwork Required
D Athletic Field Rental Application
D Valid Insurance Certificate Naming the City of Beaumont as Additionally Insured D City of Beaumont Business License
D Sports Group Team Roster with Required Attachments
D Sports Field Use Rules and Regulations Agreement
D Special Events Checklist (Tournaments, Non -Sport Events ex. Kickoff, Fundraisers, Public Events) (If applicable) RYNP additional paperwork required
D
D
D
D
Determination Letter of Exempt Status, U.S. Treasury & State Franchise Tax Board Articles of Incorporation and/or Bylaws
Organizational Fact Sheet/ Current List of Board of Directors with Contact Information Master Calendar of Events/Schedules

APPENDIX A
City of Beaumont Sports Field Policy Handbook Page 15

City of Beaumont

PARKS AND

RECREATION

BEAUMONT CITY OF BEAUMONT
Sports Field Organization Fact Sheet
Name of Organization Federal Tax Number (501c3)
Address
Best Contact # Secondary# Email
Zip Code
Name
Board of Directors
Title
Phone
Name
Title
Phone
Name
Title
Phone
Name
Title
Phone
Name
Title
Phone

APPENDIX B
0 City of Beaumont Sports Field Policy Handbook

SPORTS FIELD USE RULES AND REGULATIONS

1. Groups wishing to reserve a field must acquire a permit with the City of Beaumont.

2. It is the responsibility of the person in charge and identified on the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities.

These rules include, but are not limited to:
• Use will begin no earlier than 8:00 a.m. Use will end at dusk on unlit fields and end by 10:00 p.m. on lit fields, except where noted on approved special permits. • Permitted use begins and ends at the times stated on the permit, including set-up and clean up.
• Users may not make any alterations to facility without first obtaining the City's permission. • Parking is allowed in designated areas only. Vehicles are not permitted on the grass. • Applicant's copy of the use permit must be available during use and presented to any City Representative upon request.
• No team can transfer its field use privilege without City consent. • ALCOHOL/TOBACCO IS NOT ALLOWED AT ANY CITY OF BEAUMONT FACILITIES. • Organizations wishing to invite outside vendors to sell food to their patrons must adhere to City of Beaumont and Riverside County Health Permit Guidelines. At no time should an unapproved outside food vendor be allowed to sell food during permitted times without prior consent from the City.
• Sound amplification equipment will be allowed in City parks subject to conformance with the City's noise ordinance.
• Property boundary walls and fences are not to be used as backstops at any time. • Balls and any other equipment thrown, batted, kicked or otherwise, landing on private property must not be retrieved without the property owner's permission. • Portable goals and/or markers are allowed, but must be removed daily. • Leagues must adhere to all rules and regulations limiting the number of teams per field. The field and adjoining areas affected by the group's use must be picked up and cleared of all trash and debris generated by the group.
• Equipment stored by the league is not the responsibility of the City. • Wet Field Policy: Groups may not play on fields closed due to wet field conditions. It is the responsibility of groups to access field closure information by contacting the City of Beaumont Community Services Department at (951) 769-8524.

Non -Adherence to any of these rules or City ordinances will result in the revocation of permitted use and/or future usage until further investigation of the violation has completed.

Emergency Contact Information: In the event of any medical emergency, contact 911 immediately.

A11 other questions pertaining to sports fields should be directed to the Community Services Department at (951) 769-8524.

Any user failing to comply with established guidelines and notifications is subject to invoicing for all damages incurred to facility and termination of the facility use permit.

Applicant Signature: Date:

City of Beaumont Sports Field Policy Handbook Page 17

CUJY 01 BLINN'
Community Se
Uepar1ment
S1irtFiel'dl P' lle
Draind oolt

TABLE OF CONTENTS:

INTRODUCTION:

PURPOSE OF POLICY:

DEFINITIONS:

PRIORITY GROUP CLASSIFICATIONS:

GROUP 2 CRITERIA:

APPLICATION DEADLINES:

APPLICATION PROCESS:

FIELD ALLOCATION PROCESS:

SNACK BAR USE

USE OF OUTSIDE VENDORS
FIELD LIGHTS:

FIELD USAGE AGREEMENT:

PAYMENT:

REFUND/CREDIT POLICY:

THREE SRIKES POLICY
TOURNAMENTS AND SPECIAL EVENTS:

USER FEE SCHEDULE
RESERVABLE FIELDS:

APPENDIX:

A. APPLICATION CHECKLIST
B. ORGANIZATION FACT SHEET
C. SPORTS FIELD USE AGREEMENT
D. ATHLETIC FIELD RENTAL APPLICATION
2 2
3 5
6 7
8 98
109
10 10
10 111-0-
11 11
12 1613
181-4

INTRODUCTION:

The City of Beaumont is dedicated to fostering healthy lifestyles and creating positive sports environments for our community. The City recognizes that providing organized youth and adult sports programs is a fundamental component of this goal. Thank you for partnering with us to provide enriching sport activities for the residents of Beaumont. We value each of you and the services you provide to our community.

The City of Beaumont Community Services Department coordinates the allocation of designated City sports fields to user groups of all ages. It is the City of Beaumont's intent to allocate sports field use to requesting qualified organizations based on residency, fairness, impartiality and need in accordance with seasonal sport priorities.

The City of Beaumont is an equal opportunity agency and will not exclude or discriminate with regard to its services, programs and activities regardless of race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression. Youth and adult sports providers utilizing Beaumont's fields and/or facilities are also required to provide equal access and cannot exclude or discriminate based on the above -mentioned criteria.

PURPOSE OF POLICY:

The City has experienced tremendous growth in sports, including new sports organizations and emerging sports. This growth is anticipated to continue. The increased demand for the use of City facilities makes it necessary to establish an equitable and fair method for allocating field use among present and future sports organizations. The policy set forth in this handbook will outline the allocation and rental policies for the permitted use of sports fields in the City.

This policy has been established to ensure that the sports field spaces at all of our parks are used for recreational, educational and community service functions that meet the needs of the community, as well as to set clear policies, procedures, regulations, and rental rates for such uses. Furthermore, to ensure that the needs of community -based organizations and groups are being met, the criteria for establishing priorities for field use and the permitting process are outlined in this manual. Any organizations and individuals who desire to use sports fields for practices, games, tournaments, or scrimmages should contact the Community Services Department and request the forms required for reservation.

City of Beaumont Sports Field Policy Handbook Page 2

DEFINITIONS:

Organization/User Group - An organized entity that has been established to provide recreation or competitive sports programs, activities, practices or games for youth and/or adult participants.

RYNP - Beaumont -based Resident Youth Non -Profit Organization.

League - A youth non-profit organization consisting of at least four (4) teams. The league must have multiple teams in same age bracket.

New User - This is an organization which has not requested field use and/or been permitted fields in the twelve-month period preceding its submission of an Athletic Field Use Request Form. New users must adhere to the deadlines established herein in order to be eligible for field allocations. An organization, which changes its name but otherwise remains the same, shall not be considered a "new user." Splinter, spin-off or subsidiary organizations will be considered "new users" if they have less than fifty percent of the original organization's participants.

A current organization that merges with another current organization shall not be considered a "new user," provided the presidents of both merging organizations sign the allocation request form for the season in which the allocation is to take effect. New divisions of current organizations must indicate such on their Athletic Field Use Request Form.

Community Services staff will dictate the maximum amount of teams or participants for all new users. Leagues anticipating a split to form a new league or individuals planning to organize a new sports program, must notify the City six (6) months prior to the estimated starting date. This will provide the time necessary to study the impact of a new program on existing fields.

Primary User - This is a Community Services Department qualified Group 1 or 2 organization and as such, has first priority for field use during the season in which they are classified as a primary user.

Secondary User - This is a Community Services Department qualified Group 3 - 6 organization. A Group 2 user may also be considered a secondary user if they are requesting field space in a season other than that in which they are designated as a primary user for the season. A secondary user may obtain field use allocations only if: a) a field is not used by a primary user; and, b) all primary users have received all field time requested and there is unused field time not allocated to primary users.

Resident - Any participant that lives in Beaumont will be considered a Beaumont resident for priority status evaluation and allocation of athletic facilities. For the purpose of this document, "resident" shall be defined as an individual living within the incorporated boundaries of the City of Beaumont. RYNP groups must have 80% or more of the participants living within the city limits of Beaumont, California to receive priority field consideration.

Verification of residency will be conducted through an audit of registration forms performed City of Beaumont Sports Field Policy Handbook Page 3

by City Staff. It is recommended that all organizations collect proof(s) of residency from all participants and may consist of utility bills or ID with address and names of participants and or family members on them. City Staff will periodically conduct audits of registration forms collected and stored by organizations to determine if the 80% residency requirement is met.

Non- Resident - For the purpose of this document, "non-resident" shall be defined as any individual living outside the incorporated boundaries of the City of Beaumont. Non-resident groups having less than 80% of the participants per team living within the incorporated area of the City of Beaumont shall be classified as "non-resident". An organization or company located outside the incorporated boundaries of the City of Beaumont shall be classified as "non-resident". Participants unable to furnish proof of residency shall be classified as "non- resident".

Participant - In a youth league, "participant" shall include only those players up to and including seventeen (17) years old that are fully registered with a user organization. In an adult league, "participant" shall include only those players eighteen (18) years of age or older. Non -players such as coaches, officials, staff, etc., shall not be included in the total number of organizational participants or used to calculate the percentage of residency for the purposes of allocating fields.

Recreational League/Team - On a recreational league/team, rules require that everyone must play. Registration is open to everyone.

Competitive League/Team - On a competitive league/team, there is no minimum play rule, and they have a selective registration and/or tryout process. (Travel clubs or teams, All Star Teams. Select Teams etc.)
Code of Conduct - Approved classification Group 2 organizations must file a City approved Code of Conduct for participants, parents and coaches with the Community Services Department, as part of their permit requirements and application process. The Code of Conduct will outline the principles of sportsmanship, fair play and other ethical issues that relate to team sports.

Reservable Fields - City managed athletic fields, ballfields, and multi -purpose fields located in parks listed under Reservable Fields on page 15. Applications for reserved permitted athletic use are accepted and reviewed to determine if such activity is approved to be conducted. Fields are intended primarily for regular practices and games. Users with permits in hand can request the public to move to an area of the park that is not reserved.

Community Park - Open field spaces (grass areas, ballfields) listed under Community Parks on page 15 are located at various communities with limited amenities (restrooms) designed primarily for shared public use rather than extended group activities. To ensure equitable access for all visitors, group activities should not exceed one (1) hour. Field use permits will not be issued for Community Parks. Light towers, generators, portable amenities, hosting of games/tournaments/commercial events is strictly prohibited.

City of Beaumont Sports Field Policy Handbook Page 4

PRIORITY GROUP CLASSIFICATIONS:

Priority use of fields will be allocated as follows:

GROUP 1
• City -sponsored or co -sponsored events.
• Beaumont Unified School District.
• Organizations having a current joint use agreement with the City.

GROUP 2
• Non-profit youth organizations or individual teams comprised of at least 80% overall Beaumont residents conducting activities open to the general public and offered to all youth in the community (recreational leagues) and all players are afforded the opportunity to play no matter skill level.
• Organization must submit team rosters to verify GROUP 2 eligibility and meet other criteria outlined in this policy prior to scheduled use.

GROUP 3
• Non-profit youth organizations comprised of less than 80% overall Beaumont residents holding activities not offered to all youth in the community with closed or invitation only sign-ups, who accept participants on their ability to play. (Teams defined under "Competitive Team/League")
• Priority scheduling will be based on actual percentage of Beaumont residents playing in league. Must provide proof of residency (Example: utility bill) and complete team rosters including participant's name, address, city, zip code and phone number. • Organizations who cannot completely fulfill the criteria for Group 2 consideration.

GROUP 4
• Beaumont residents holding activities not open to the public. Priority scheduling will be based on actual percentage of Beaumont residents.

GROUP 5
• Beaumont based commercial, industrial or professional groups. • Other tax supported public agencies.

GROUP 6
• Non -Resident individuals, non -profits and business/professional organizations. • Returning teams have priority over new teams.

City of Beaumont Sports Field Policy Handbook Page 5

GROUP 2 CRITERIA:

To qualify as a Beaumont Youth Non -Profit Organization (RYNP) - Group 2:
• Organization must have a Charter.
• Organization must have a Board of Directors.
• Organization must have a current Determination Letter of Exempt Status, U.S. Treasury 501c3 or certify affiliation with a national non-profit organization. • Organization must have an active Determination Letter of Exempt Status, State Franchise Tax Board.
• Organization must have Articles of Incorporation and/or Bylaws. Must have an affiliation with a national governing Jody. The national body must have governance over the association.
• Organization must coordinate league within City limits, schedule games based on registration for play in Beaumont, and maintain a 80% overall residency of participants. • Registration must be open to any Beaumont resident and not based on skill level. Every player must play. No teams defined under "Competitive Team/League" • Organization must submit game schedules prior to the start of season. Schedules must match team rosters submitted.
• Organization must be managed by volunteers. All coaches must be background checked and have completed coaches training. Background checks must be conducted by a third party and must meet requirements for a state and federal level background check. • Organization must uphold parents, coaches and participants to an approved "Code of Conduct," as initiated in their Bylaws and rules and regulations. NOTE: Failure to submit and uphold all members of an organization to an approved "Code of Conduct" may result in an organization's forfeiture of all field allocations. • Organization must conduct all sport related activity on issued field space and within time allocated based on permits.

GROUP 2 PAPERWORK REQUIRED: ( >80% Residency)
A complete RYNP Sports Fields Use Request filing packet will consist of:
• Complete team rosters including participant's name, address, city, zip code and phone number.
• League is responsible to maintain copies of the Driver's License of the Parent/Guardian with a utility bill to confirm residency_utility bill for ac i individual participant. The name on the utility bill must match the parent or guarcian of tie youth 3articipant.

Examples: gas, electric, p zone, caJ c, and/or water bill. Not accepted: school I.D., criver's licenses or birt i certificates. The City of Beaumont reserves the right to audit and verify any information submitted on rosters at any time to verify participation or residency.

Incomplete rosters or rosters with less than tie age division or minimum player rule per team wil not Je accepted.
• Residency verification paperwork to be provided upon request from City Staff and need not be submitted with request.
• Complete list of names, addresses, telephone numbers and email addresses of current City of Beaumont Sports Field Policy Handbook Page 6

Board of Directors.
• Articles of Incorporation and/or Bylaws.
• Valid Certificate of Insurance and Endorsement
• Valid Determination Letter of Exempt Status, U.S. Treasury. • Valid Determination Letter of Exempt Status, State Franchise Tax Board. • Master Calendar of events.
• Valid City of Beaumont Business License.
• Signed Field Use and Maintenance Agreement.
• Copy of the organizations Code of Conduct.

IMPORTANT NOTE: Failure to submit the above -mentioned information (completed application) by the specified deadlines may result in loss of priority status and possible loss of some or all requested fields.

ALLOCATION PERIOD:

SPRING - Priority Season (Baseball. Softball. Flag Football) January 15- June 1 RYNP Bascba anc Soft3a1 Oranization5 January 15 June _ RYNP Soccer Oranization5
January 15 Junc 1 RYNP Football Organizations
June 1 August 11 ANNL

AL R NOVATION AND MAINTENANCE PERIOD
{Usage during tais perioc may DC rccuccd or
prohibited based upon tie extent of maintenance
performed).

FALL - Priority Season (Football, Soccer)
August 15 - December 15
RYNP Base Dal anc Softball Organizations August 15 December 15 RYNP Soccer Organizations SUMMER
June 2,- August 14
August 15 Dccem
cr 15
RYNP Foot
Jail Organizations
Annual Maintenance closures- June 1St to -August 15th & December 15th to— January 15" Usage during this period may be reduced or prohibited based upon the extent of maintenance performed).

APPLICATION DEADLINES:

Organizations Athletic Fields Request Forms/Applications and required paperwork shall be accepted_
Novcm per
Dccem
acr 150ctober 1 - November 15 for spring sport5SPRING
City of Beaumont Sports Field Policy Handbook Page 7
- -I Formatted: No underline
- tFormatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Indent: Left: 0.25"

and June 1 July 1SMay 1 Lune 15 for fall sportsFALL
March 1 - 15;h for SUMMER: - Formatted: Superscript
In no case shall an application be submitted less than forty-five (45) days of intended use of field(s).

Incomplete applications will not be accepted and will be returned to the organization. This may affect the allocation process of assigning fields to the organization.

Adult Leagues Athletic Fields Request Forms/Applications, Beaumont business license and proof of insurance must be received forty-five (45) days prior to beginning of league play.

Competitive Teams/ Leagues (Groups 3 - 6) Athletic Fields Request Forms/Applications, Beaumont business license and proof of insurance must be received at time of request. Fields available, after Group 2 has been allocated, are based on residency, and whether the organization has any past due balance of fees and/or strikes issued during its rental history.

Formatted: Justified, Indent: Left: 0.25", Right: 0.25" Occasional or one time only user requests must be submitted on appropriate forms seven {7) days prior to requested facility use c ate.

Users requesting field space in the off-season or who do not meet the application deadline will be assigned field space after allocations have been made if space is available.

APPLICATION PROCESS:

The allocation process begins with the semi-annual Sports Field Allocation Meeting.

Attendance to this meeting is mandatory, the meeting istypically add in December & July, this is where current primary users discuss policies, procedures, residency requirements, field application, permits, rentals, list of required documents and other pre -requisites.

Organizations not sending a representative may lose their priority rating for scheduled use of facilities.

Sports Field Request Forms to reserve the use of athletic fields are made through the City of Beaumont Community Services Department. Priority will be given to qualified groups submitting an application prior to the deadline. Applications must be submitted a minimum of forty-five (45) days prior to intended use.

All applications are subject to review by the Recreation Division and may be rejected based on date submitted, field availability and/or outstanding balance due on account.

Upon approval, applicant is financially responsible for any charges/fees applicable for use of facility. Fees must be paid in full a minimum of thirty (30) days prior to field rental datefrom receiving official invoice from City of Beaumont. At the discretion of the Community Services Director credit may be given for cancellations or changes made more than fourteen (14) days City of Beaumont Sports Field Policy Handbook Page 8