Item E-17 Agenda Report — Beverly Hills City Council, May 21, 2024 (part 1 of 2)

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AGENDA REPORT
Meeting Date: May 21, 2024
Item Number:

To: Honorable Mayor & City Council
From: Mandana Motahari, City Architect
Karen Domerchie, Project Manager
Subject: PURSUANT TO EMERGENCY CONTRACTING PROCEDURES
UNDER PUBLIC CONTRACT CODE SECTION 22050:

AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE

CITY OF BEVERLY HILLS AND AMERICAN INTEGRATED
SERVICES, INC. FOR AS-NEEDED ENVIRONMENTAL CLEAN
UP SUPPORT SERVICES; AND

AUTHORIZE THE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL CHANGE PURCHASE ORDERS TO AMERICAN
INTEGRATED SERVICES, INC. FOR A NOT-TO-EXCEED
AMOUNT OF $175,000
Attachments: 1. Agreement with American Integrated Services, Inc.

2. Amendment No. 1

3. Amendment No. 2

4. Agreement with Emilio Ramirez dba Ramco General
Engineering Contractors

RECOMMENDATION
Pursuant to Emergency Contracting Procedures under Public Contract Code Section 22050 (which is incorporated by reference in BHMC Section 3-3-303), staff recommends that City Council approve Amendment No. 2 to Agreement No. 56-24 with American Integrated Services, Inc. for the hazardous materials investigation and clean up for the repair of a sinkhole at 344 Foothill Road (Alden Lot); and Authorize the City Manager or designee to approve all change purchase orders to American Integrated Services, Inc. for a total not-to-exceed amount of $175,000.

INTRODUCTION
The City purchased the subject property in 1997 from Southern California Gas Company. It is located on a single parcel (AIN 434-200-9906) shared with the Dog Park Meeting Date: May 21, 2024

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at 344 Foothill Road. However, the sinkhole and work site area are located on a portion of the property separate from the Dog Park accessible from Alden Drive often referred to as the Alden Lot, which does not have its own official address. City permit records show that a commercial building on the property was demolished in approximately 1984 by an owner prior to Southern California Gas Company.

In mid-2021, Mercedes Benz of Beverly Hills notified the City that there was a sinkhole at the Alden parking lot, which is the parking lot across the street from the Mercedes Benz dealership. After the sinkhole was discovered, it gradually increased in size.

The Alden Lot has been leased to Mercedes Benz of Beverly Hills, which has its service center across the street, for parking since 2004. While the work to repair the sinkhole continues to take place, the City has offered alternative parking for areas affected by the work site in a parking structure nearby, and the tenant continues to pay all rent as required under the lease.

DISCUSSION
Investigation and Recommendations for Sinkhole Repair
The City contracted with environmental consultant, EFI Global, Inc., and geotechnical engineering firm, Geotechnologies, Inc., to perform an investigation and provide recommendations on how to repair the sinkhole.

EFI Global performed an environmental soil investigation in October 2022 by drilling three soil borings to a depth of 5.5 feet and collecting soil samples. Per the soil sample test results, metals detected were below the total threshold concentration limits, and total petroleum hydrocarbon (TPH) quantified as gas and oil, and all volatile organic compounds (VOCs) were found to be non-detectable.

Geotechnologies, Inc. performed a geotechnical investigation in November 2022, and during this investigation, an existing underground concrete vault (approximately 14 feet long, 6 feet wide, and unknown depth) was discovered beneath the sinkhole. The soil at the site was found to consist of primarily poorly graded gravel with silt and sand. The following are the recommendations made by the geotechnical engineer for the repair of the sinkhole:
a. Excavate to expose the existing underground concrete vault; b. Perforate the vault’s lower concrete slab with a minimum of 4” diameter perforations, at a minimum of 8 feet on center;
c. Remove the structure’s concrete walls to a minimum of 3 feet below the pavement subgrade;
d. Backfill and compact with compacted native soil or slurry; and e. Install new asphalt paving at the sinkhole area.

The City solicited bids in February 2023 for the sinkhole repair work as recommended by the geotechnical engineer. Emilio Ramirez dba Ramco General Engineering Contractors (Ramco) was the low bidder. Agreement No. 08-24 (Attachment 4) in the amount of $53,600 was issued to Ramco, and Ramco began the sinkhole repair work on January 16, 2024.

Meeting Date: May 21, 2024

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Discovery of Debris and Oil Drums Inside Existing Concrete Vault On January 19, 2024, as Ramco was excavating to expose the underground concrete vault, they discovered garbage and deteriorated oil drums inside the vault.

Construction work was halted immediately, and, per Emergency Contracting Procedures in Public Contract Code Section 22050 (which is incorporated in BHMC Section 3-3- 303), the City requested EFI Global to contract with American Integrated Services, Inc., a licensed hazardous materials contractor, to clean up the site the same day.

EFI Global obtained water and soil samples from inside the vault to perform laboratory tests. The soil test results indicated that the calculated total mass of each detected metal, Volatile Organic Compound (VOC), and Organochlorine Pesticides (OCP) was below its respective reportable quantity. Therefore, the presence of these compounds does not constitute a reportable release.

In addition, although TPH quantified as gasoline, diesel and oil were detected in the subsurface, there was no evidence that the impacted materials encountered are one of the listed petroleum-containing reportable wastes under the Code of Federal Regulations, CFR 40302.4, and thus the petroleum hydrocarbons appear to be exempt per the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) notification requirements and should not qualify as a reportable release.

From January 25, 2024 through early February 2024, there were several rain storms, and the site was secured to prevent any runoff. No construction work occurred during this time.

Continued Excavation Inside Vault and Confined Space Entry to Clean Inside Vault From February 13 through February 15, 2024, American Integrated Services, Inc. pumped water out of the vault and continued excavating inside the vault with an excavator to determine if there was any other garbage or hazardous materials inside the vault. In addition, American Integrated Services, Inc. continued excavating to try and locate the bottom of the concrete vault. Additional debris was found inside the vault, but no additional oil drums were found. American Integrated Services, Inc. was not able to find the bottom of the vault.

Since the bottom of the vault was not found, on March 21, 2024, American Integrated Services, Inc. performed a confined-space entry into the vault to vacuum out the water and remove debris by hand from inside the vault. They were still not able to find the bottom of the vault. Additional water and soil samples were taken from inside the vault during this confined space entry. These samples were taken in order to perform additional tests to confirm that there were not any other constituents of concern.

Additional Borings to Obtain Soil Samples Beneath Concrete Vault Since the bottom of the concrete vault was not found, the area of contamination was not yet clearly identified. An additional investigation was performed in order to determine whether or not a hazardous materials reportable event existed per the Department of Toxic Substances Control and CERCLA. Therefore, on March 26 through March 27, 2024, four additional borings were drilled around the vault to a depth of 30 feet. This effort was done to obtain soil samples around and beneath the vault to determine if there was any hazardous materials contamination in the vicinity around the vault. Two of the borings were drilled at an angle, so that soil samples could be obtained from beneath the Meeting Date: May 21, 2024

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vault. The test results performed on the soil samples from the 30-foot-deep borings indicated that the TPH quantified as gas and oil, and all VOCs were found to be negligible.

Lastly, groundwater was not encountered during the soil boring assessment, around and beneath the vault to a depth of 30 feet, confirming that the water in the vault is rain/surface water (versus groundwater).

Next Steps: Continue Clean Up and Restoration of Parking Lot American Integrated Services, Inc. will perform an additional confined-space entry to clean the inside of the vault and try to locate the bottom of the vault. After the vault has been cleaned, Ramco will backfill the vault with slurry and repair the asphalt paving in the parking lot.

Staff will provide City Council with an update of the progress of the work at the June 18, 2024 meeting in accordance with the emergency contracting procedures.

Fiscal Summary
On February 13, 2024, Agreement No. 56-24 (Attachment 1) in the amount of $50,000 was issued to American Integrated Services, Inc. for emergency clean up work at 344 Foothill Road (Alden Lot).

The City Manager approved Amendment No. 1 (Attachment 2) in the amount of $49,000, which was issued to assess the bottom of the vault, for a total contract amount not-toexceed $99,000.

Staff recommends that City Council approve proposed Amendment No. 2 (Attachment 3) in the amount of $76,000 for ongoing emergency remediation and clean up work at the Alden Lot for a total contract amount not-to-exceed $175,000.

The funds requested for American Integrated Services, Inc. Amendment No. 2 are approximate costs based on findings from the investigations that have been performed to date. Staff may need to request additional funds if the existing conditions at the site are found to be different than conditions that are currently known, or if there are any new findings.

FISCAL IMPACT
There is $175,000 available in Miscellaneous and Unplanned Construction Projects (CIP #00815, Fund 405). No additional funds are requested at this time.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
1 Gen/AP Contract Template [Rev. 03/23 v.14]

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
AMERICAN INTEGRATED SERVICES, INC. FOR AS-NEEDED

ENVIRONMENTAL CLEAN UP SUPPORT SERVICES
NAME OF CONTRACTOR: American Integrated Services, Inc.

RESPONSIBLE PRINCIPAL OF CONTRACTOR: David Herrera, President CONTRACTOR’S ADDRESS: 1502 E. Opp St
Wilmington, CA 90744
Attention: David Herrera, President
CONTRACTOR’S E.I.N/TAX I.D. NO.: 95-4698255
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: February 1, 2024
TERMINATION DATE: December 31, 2024, unless extended
pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $50,000.00
DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 56-24
AGREEMENT NO.

I I
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
AMERICAN INTEGRATED SERVICES, INC. FOR AS-NEEDED

ENVIRONMENTAL CLEAN UP SUPPORT SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and American Integrated Services, Inc. (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).

There shall be no claims for additional compensation for reimbursable expenses.

DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 3 (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Five Million Dollars ($5,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.

DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 4 (2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 5 CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 6 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 18. Prevailing Wage. CITY and CONTRACTOR acknowledge that this project is a public work to which prevailing wages apply. CONTRACTOR shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D, attached hereto and incorporated herein by this reference.

Section 19. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 20. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 21. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 25. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 7 EXECUTED the day of 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
JEFF S. MUIR
Director of Finance
CONTRACTOR: American Integrated
Services, Inc.

DAVID HERRERA
President

JOHN GEORGAGI
Secretary
APPROVED AS TO CONTENT:

SHANA E. EPSTEIN
Director of Public Works

MANDANA MOTAHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 13th February 24
~~ (ltt>f~
8 EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall provide as-needed hazardous materials abatement and clean up services.

Upon CITY’s request, each engagement for services will be set forth in writing in an executed Individual Project Order (IPO) to be approved by CITY in writing before any work, billing, or demand for payment will be initiated. Each IPO shall contain an estimated cost for the services along with a not to exceed amount which shall include all labor, materials, and expenses. If the Scope of Work changes or the cost of the engagement will exceed the not to exceed amount, then CONTRACTOR shall obtain written approval or an amendment to the IPO.

CONTRACTOR guarantees the work shall be performed in accordance with the Scope of Work specified herein or associated IPOs and to CITY’s full satisfaction and in accordance with all relevant codes and regulations.

II. INFECTIOUS DISEASE
A. CONTRACTOR shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.

B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. CONTRACTOR shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.

DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 9 EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compenstate CONTRACTOR for the satisfactory performance of the work described in this Agreement an amount not to exceed Fifty Thousand Dollars ($50,000.00), including all labor, materials, taxes, and related expenses.

Upon CITY’s written request, CONTRACTOR shall submit an estimate of the services to be performed at the following rates:

LABOR RATES

PER PERSON/HOUR
At time of request, CONTRACTOR shall inform CITY when Overtime or Double Time rates will apply, and CITY shall have the option of delaying the call or work until the next day if the situation warrants.

Alternatively, the payment terms (either lump sum or time and materials basis) shall be set forth in the IPO and agreed to by both parties in writing. CONTRACTOR shall provide to CITY an estimated cost of the work that includes not-to-exceed amount. Each IPO shall contain a not-toexceed amount, which shall include all materials, labor, taxes, and expenses. If the scope of the engagement changes or the cost of the engagement will exceed the not-to-exceed amount, then the CONTRACTOR shall obtain written permission from the CITY or CITY shall execute a change to the IPO at the discretion of the CITY.

CONTRACTOR may modify its rates and/or provide or modify pricing for materials no more than once per calendar year starting one year from date of execution of agreement, upon providing CITY with 30 days prior written notice and upon CITY’s written approval.

CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.

DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD Description Straight Time Overtime Premium Time
Project Manager $125.00 $187.50 $231.25
Health and Safety Manager $125.00 $187.50 $231.25
Superintendent $160.00 S240.00 $296.00
Supervisor or Foreman $135.00 $202.50 $249.75
Project Professional (Project Engineer. Safety Officer) $135.00 $202.50 $249.75 Grade Checker $125.00 $187.50 $231.25
Pipe Frt!er $125.00 $187.50 $231.25
Equipment Operator $120.00 $180.00 $222.00
Driver $120.00 $180.00 $222.00
Abatement Technician $115.00 $172.50 $212.75
Environmental Technician $1 10.00 $165.00 S203.50
Laborer $110.00 $165.00 $203.50
B0785-0001\1142491v14.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION


It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 11 EXHIBIT D
Terms for Compliance with California Labor Law Requirements Section 1. CONTRACTOR acknowledges that the project as defined in this Agreement between CONTRACTOR and CITY, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONTRACTOR shall perform all work on the project as a public work. CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

Section 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

Section 3. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement. CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONTRACTOR or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.

Section 4. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.

Section 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.

Section 6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONTRACTOR shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.

Section 7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.

Section 8. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD 12 occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Section 9. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810.

CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

Section 10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Section 11. For every subcontractor who will perform work on the project, CONTRACTOR shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.

Section 12. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR’s expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive termination of the Agreement.

DocuSign Envelope ID: 992BC640-C5CB-4258-A19E-FED626B677FD Certificate Of Completion
Envelope Id: 992BC640C5CB4258A19EFED626B677FD Status: Completed Subject: Complete with DocuSign: American Integrated Services, Inc. - As-Needed.pdf Source Envelope:

Document Pages: 12 Signatures: 6 Envelope Originator:

Certificate Pages: 2 Initials: 0 Jazmin Rosas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
2/8/2024 9:06:55 AM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
David Herrera
[email protected]
President
American Integrated Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.193.197.133
Signed using mobile
Sent: 2/8/2024 9:25:03 AM
Resent: 2/9/2024 2:52:12 PM
Resent: 2/12/2024 9:22:47 AM
Viewed: 2/12/2024 1:03:10 PM
Signed: 2/12/2024 1:03:29 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
John Georgagi
[email protected]
Executive Vice President
American Integrated Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.205.227.43
Signed using mobile
Sent: 2/8/2024 9:25:04 AM
Viewed: 2/8/2024 12:05:44 PM
Signed: 2/8/2024 12:07:05 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 2/12/2024 1:03:31 PM
Viewed: 2/12/2024 1:19:10 PM
Signed: 2/12/2024 1:19:21 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mandana Motahari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 2/12/2024 1:19:23 PM
Resent: 2/13/2024 8:59:51 AM
Resent: 2/13/2024 10:13:08 AM
Viewed: 2/13/2024 10:31:29 AM
Signed: 2/13/2024 10:31:42 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 2/13/2024 10:31:43 AM
Viewed: 2/13/2024 10:39:05 AM
Signed: 2/13/2024 10:39:31 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jeff S. Muir
[email protected]
Director of Finance
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 2/13/2024 10:39:33 AM
Viewed: 2/13/2024 10:58:30 AM
Signed: 2/13/2024 10:58:47 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 2/8/2024 9:25:04 AM
Certified Delivered Security Checked 2/13/2024 10:58:30 AM Signing Complete Security Checked 2/13/2024 10:58:47 AM Completed Security Checked 2/13/2024 10:58:47 AM
Payment Events Status Timestamps
Attachment 2
1 B0785-0001\2933546v2.doc
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY

OF BEVERLY HILLS AND AMERICAN INTEGRATED SERVICES,
INC. FOR AS-NEEDED ENVIRONMENTAL CLEAN UP SUPPORT

SERVICES
NAME OF CONTRACTOR: American Integrated Services, Inc.

RESPONSIBLE PRINCIPAL David Herrera, President
OF CONTRACTOR:

CONTRACTOR'S ADDRESS: 1502 E. Opp St
Wilmington, CA 90744
Attention: David Herrera, President
CONTRACTOR’S E.I.N./TAX I.D. NO.: 95-4698255
CITY'S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: February 1, 2024
TERMINATION DATE: December 31, 2024, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Original Agreement: Not to exceed $50,000.00 Amendment No. 1: Additional $49,000.00
Total not to exceed: $99,000.00 based on the rates
set forth in Exhibit B
DocuSign Envelope ID: D3737196-A353-4045-A1F2-C481B6A7B98F 98-24
AGREEMENT NO.

I I
2 B0785-0001\2933546v2.doc
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY

OF BEVERLY HILLS AND AMERICAN INTEGRATED SERVICES,
INC. FOR AS-NEEDED ENVIRONMENTAL CLEAN UP SUPPORT

SERVICES
This Amendment No. 1 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and American Integrated Services, Inc. (hereinafter called "CONTRACTOR") dated February 13, 2024 and identified as Contract No. 56-24 (“Agreement”).

RECITALS
A. CITY and CONTRACTOR entered into the Agreement for as-needed environmental clean up support services.

B. Due to a greater than expected need for services, CITY and CONTRACTOR desire to amend the Agreement to increase the Consideration for the term and amend the Schedule of Payment to compensate CONTRACTOR for additional services.

NOW, THEREFORE, the parties agree as follows:

Section 1. The Consideration shall be amended as set forth on the cover page above.

Section 2. Exhibit B, “SCHEDULE OF PAYMENT AND RATES,” shall be amended as attached hereto and incorporated herein.

Section 3. Except as specifically amended by this Amendment No. 1, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: D3737196-A353-4045-A1F2-C481B6A7B98F 3 B0785-0001\2933546v2.doc
EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation

NANCY HUNT-COFFEY
City Manager
CONTRACTOR: American Integrated
Services, Inc.

DAVID HERRERA
President

JOHN GEORGAGI
Secretary
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:

SHANA E. EPSTEIN
Director of Public Works

MANDANA MOTAHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: D3737196-A353-4045-A1F2-C481B6A7B98F 18th March 24
4 B0785-0001\2933546v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compenstate CONTRACTOR for the satisfactory performance of the work described in this Agreement in an amount not to exceed Ninety-Nine Thousand Dollars ($99,000.00), including all labor, materials, taxes, and related expenses.

Upon CITY’s written request, CONTRACTOR shall submit a written estimate of the services to be performed at the following rates:

LABOR RATES

PER PERSON/HOUR
At the time of CITY’s request, CONTRACTOR shall inform CITY when Overtime or Double Time rates will apply, and CITY shall have the option of delaying the call or work until the next day if the situation warrants.

Alternatively, the payment terms (either lump sum or time and materials basis) shall be set forth in the IPO and agreed to by both parties in writing. CONTRACTOR shall provide to CITY an estimated cost of the work that includes the not-to-exceed amount. Each IPO shall contain a notto-exceed amount, which shall include all materials, labor, taxes, and expenses. If the scope of the engagement changes or the cost of the engagement will exceed the not-to-exceed amount, then CONTRACTOR shall obtain the prior written permission from CITY or CITY shall execute a change to the IPO at the discretion of CITY.

CONTRACTOR may modify its rates and/or pricing for materials no more than once per calendar year starting one year from the date of execution of the Agreement, upon providing CITY with 30 days prior written notice and upon CITY’s written approval.

DocuSign Envelope ID: D3737196-A353-4045-A1F2-C481B6A7B98F Description Straight Time Overtime Premium Time
Project Manager S125.00 $187.50 $231.25
Health and Safety Manager $125.00 $187.50 $231.25
Superintendent $160.00 $240.00 $296.00
Supervisor or Foreman S135.00 $202.50 $249.75
Project Professional (Project Engileer. Sa!ety Office~ $135.00 $202.50 $249.75 Grade Checker S125.00 $187.50 $231.25
Pipe Fitter $125.00 $187.50 $231.25
Equipment Operator S120.00 $180.00 $222.00
Driver $120.00 $180.00 $222.00
Abatement T eclmician Sl 15.00 $172.50 $212.75
Environmental Technician $1 10.00 $165.00 S203.50
Laborer Sl 10.00 $165.00 $203.50
Certificate Of Completion
Envelope Id: D3737196A3534045A1F2C481B6A7B98F Status: Completed Subject: Complete with DocuSign: American Integrated Services, Inc. (56-24) As-Needed AM1.pdf Source Envelope:

Document Pages: 4 Signatures: 7 Envelope Originator:

Certificate Pages: 3 Initials: 1 Jazmin Rosas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
3/7/2024 11:10:24 AM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
David Herrera
[email protected]
President
American Integrated Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.152.235.91
Sent: 3/7/2024 11:13:49 AM
Viewed: 3/7/2024 2:16:35 PM
Signed: 3/7/2024 2:17:15 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
John Georgagi
[email protected]
Executive Vice President
American Integrated Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.249.155.111
Sent: 3/7/2024 11:13:50 AM
Viewed: 3/7/2024 11:33:16 AM
Signed: 3/7/2024 11:33:35 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 3/7/2024 2:17:16 PM
Viewed: 3/7/2024 3:11:42 PM
Signed: 3/7/2024 3:11:51 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah R. Hakman For
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 108.147.175.86
Signed using mobile
Sent: 3/7/2024 3:11:52 PM
Viewed: 3/7/2024 4:58:15 PM
Signed: 3/7/2024 4:58:30 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Michael V. Hensley for
[email protected]
Deputy Director of Public Works-Operations
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 172.117.48.180
Signed using mobile
Sent: 3/7/2024 4:58:32 PM
Resent: 3/11/2024 7:25:07 AM
Viewed: 3/11/2024 8:22:32 AM
Signed: 3/11/2024 8:26:22 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 3/11/2024 8:26:24 AM
Viewed: 3/11/2024 9:27:36 AM
Signed: 3/11/2024 9:27:54 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.168.110.145
Sent: 3/11/2024 9:27:56 AM
Resent: 3/12/2024 7:46:22 AM
Viewed: 3/13/2024 7:55:33 AM
Signed: 3/13/2024 7:56:34 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 3/13/2024 7:56:36 AM
Resent: 3/14/2024 12:32:41 PM
Resent: 3/18/2024 11:33:21 AM
Viewed: 3/18/2024 2:51:03 PM
Signed: 3/18/2024 2:51:37 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/7/2024 11:13:50 AM
Envelope Updated Security Checked 3/11/2024 7:25:06 AM
Envelope Summary Events Status Timestamps
Envelope Updated Security Checked 3/11/2024 7:25:06 AM
Certified Delivered Security Checked 3/18/2024 2:51:03 PM Signing Complete Security Checked 3/18/2024 2:51:37 PM
Completed Security Checked 3/18/2024 2:51:37 PM
Payment Events Status Timestamps
Attachment 3
1 B0785-0001\2964087v2.doc
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY

OF BEVERLY HILLS AND AMERICAN INTEGRATED SERVICES,
INC. FOR AS-NEEDED ENVIRONMENTAL CLEAN UP SUPPORT

SERVICES
NAME OF CONTRACTOR: American Integrated Services, Inc.

RESPONSIBLE PRINCIPAL David Herrera, President
OF CONTRACTOR:

CONTRACTOR'S ADDRESS: 1502 E. Opp St
Wilmington, CA 90744
Attention: David Herrera, President
CONTRACTOR’S E.I.N./TAX I.D. NO.: 95-4698255
CITY'S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: February 1, 2024
TERMINATION DATE: December 31, 2024, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Original Agreement: Not to exceed $50,000.00 Amendment No. 1: Additional $49,000.00
Amendment No. 2: Additional $76,000.00
Total not to exceed: $175,000.00
DocuSign Envelope ID: AB959630-8011-4509-9FFF-C38F1524EE84 2 B0785-0001\2964087v2.doc
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY

OF BEVERLY HILLS AND AMERICAN INTEGRATED SERVICES,
INC. FOR AS-NEEDED ENVIRONMENTAL CLEAN UP SUPPORT

SERVICES
This Amendment No. 2 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and American Integrated Services, Inc. (hereinafter called "CONTRACTOR") dated February 13, 2024 and identified as Contract No. 56-24, as amended by Amendment No. 1, dated March 18, 2024, and identified as Contract No. 98-24 (Agreement”).

RECITALS
A. CITY and CONTRACTOR entered into the Agreement for as-needed environmental clean up support services, which was previously amended.

B. CITY and CONTRACTOR desire to further amend the Agreement to modify the Scope of Work and amend Exhibit A of the Agreement to reflect the modified services, compensate CONSULTANT for additional services, and amend Exhibit B of the Agreement to reflect the new consideration amount.

NOW, THEREFORE, the parties agree as follows:

Section 1. The Consideration shall be amended as set forth above.

Section 2. Exhibit A, “SCOPE OF WORK”, shall be amended and restated as attached hereto and incorporated herein.

Section 3. Exhibit B, “SCHEDULE OF PAYMENT AND RATES,” shall be amended as attached hereto and incorporated herein.

Section 4. Except as specifically amended by this Amendment No. 2, the remaining provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: AB959630-8011-4509-9FFF-C38F1524EE84 3 B0785-0001\2964087v2.doc
EXECUTED the _____ day of __________________, 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
LESTER J. FRIEDMAN
Mayor
ATTEST:
______________________(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR: American Integrated
Services, Inc.

DAVID HERRERA
President

JOHN GEORGAGI
Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
SHANA E. EPSTEIN
Director of Public Works

MANDANA MOTAHARI
City Architect
SHARON L’HEUREUX DRESSEL
Risk Manager

ANTHONY RODSTEIN
Purchasing Services Manager
DocuSign Envelope ID: AB959630-8011-4509-9FFF-C38F1524EE84 ~~ (\,tt>f~
4 B0785-0001\2964087v2.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK

ORIGINAL AGREEMENT
CONTRACTOR shall provide as-needed hazardous materials abatement and clean up services.

AMENDMENT NO. 1
[No additional Scope of Work]
AMENDMENT NO. 2
Under the direction of the City Architect or designee, CONTRACTOR shall provide as-needed hazardous materials abatement and clean up services of the sinkhole at the Mercedes-Benz dealership parking lot located at 344 Foothill Road, Beverly Hills, California.

DocuSign Envelope ID: AB959630-8011-4509-9FFF-C38F1524EE84 5 B0785-0001\2964087v2.doc
B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.

DocuSign Envelope ID: AB959630-8011-4509-9FFF-C38F1524EE84 6 B0785-0001\2964087v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compenstate CONTRACTOR for the satisfactory performance of the work described in this Agreement in an amount not to exceed One Hundred Seventy-Five Thousand Dollars ($175,000.00), including all labor, materials, taxes, and related expenses.

Upon CITY’s written request, CONTRACTOR shall submit an estimate of the services to be performed as described in Exhibits A at the following rates:

LABOR RATES

PER PERSON/HOUR
At the time of the proposal, CONTRACTOR shall inform CITY when Overtime or Double Time rates will apply, and CITY shall have the option of delaying the call or work until the next day if the situation warrants.

CONTRACTOR may modify its rates and/or provide or modify pricing for materials no more than once per calendar year starting one year from date of execution of the Agreement, upon providing CITY with 30 days prior written notice and upon CITY’s written approval.

DocuSign Envelope ID: AB959630-8011-4509-9FFF-C38F1524EE84 Description Straight Time Overtime Premium Time
Project Manager S125.00 $187.50 $231.25
Health and Safety Manager $125.00 $187.50 $231.25
Superintendent $160.00 $240.00 $296.00
Supervisor or Foreman S135.00 $202.50 $249.75
Project Professional (Project Engileer. Sa!ety Office~ $135.00 $202.50 $249.75 Grade Checker S125.00 $187.50 $231.25
Pipe Fitter $125.00 $187.50 $231.25
Equipment Operator S120.00 $180.00 $222.00
Driver $120.00 $180.00 $222.00
Abatement T eclmician Sl 15.00 $172.50 $212.75
Environmental Technician $1 10.00 $165.00 S203.50
Laborer Sl 10.00 $165.00 $203.50
Certificate Of Completion
Envelope Id: AB959630801145099FFFC38F1524EE84 Status: Sent Subject: Complete with DocuSign: American Integrated Services, Inc. (56-24) As-Needed AM2.pdf Source Envelope:

Document Pages: 6 Signatures: 7 Envelope Originator:

Certificate Pages: 3 Initials: 0 Jazmin Rosas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
5/15/2024 9:45:33 AM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
David Herrera
[email protected]
President
American Integrated Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.194.132.8
Signed using mobile
Sent: 5/15/2024 9:54:02 AM
Viewed: 5/15/2024 10:49:47 AM
Signed: 5/15/2024 11:02:29 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
John Georgagi
[email protected]
Executive Vice President
American Integrated Services, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 12.110.242.66
Signed using mobile
Sent: 5/15/2024 9:54:03 AM
Viewed: 5/15/2024 10:26:58 AM
Signed: 5/15/2024 10:27:12 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 5/15/2024 11:02:30 AM
Viewed: 5/15/2024 12:28:16 PM
Signed: 5/15/2024 12:49:48 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 5/15/2024 12:49:49 PM
Viewed: 5/15/2024 2:00:55 PM
Signed: 5/15/2024 2:01:01 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Deborah R. Hakman For
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.35.29.41
Signed using mobile
Sent: 5/15/2024 2:01:02 PM
Viewed: 5/15/2024 2:13:08 PM
Signed: 5/15/2024 2:13:21 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mandana Motahari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 86.158.39.162
Signed using mobile
Sent: 5/15/2024 2:13:22 PM
Viewed: 5/15/2024 2:58:14 PM
Signed: 5/15/2024 2:58:38 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 5/15/2024 2:58:39 PM
Resent: 5/15/2024 3:03:43 PM
Viewed: 5/15/2024 4:03:31 PM
Signed: 5/15/2024 4:03:41 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/15/2024 9:54:03 AM
Envelope Updated Security Checked 5/15/2024 12:31:18 PM Envelope Updated Security Checked 5/15/2024 12:31:18 PM Payment Events Status Timestamps
Attachment 4
1 CITY OF BEVERLY

HILLS CONTRACT FOR
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
THIS CONTRACT (“Contract”) is made and entered this day of , 2024 (“Effective Date”), by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”) and Emilio Ramirez dba RAMCO General Engineering Contractors (“Contractor”). Contractor’s license number is 886077.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference. In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as SINK HOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Fifty-Three Thousand, Six Hundred dollars ($53,600.00) in accordance with the prices as submitted in Contractor’s Proposal, attached hereto and incorporated herein by this reference.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that this Project is a public work to which prevailing wages apply. The provisions of Section 7.A of the General Provisions shall apply and are mandatory for this Project.

7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB 08-24
8th January
AGREEMENT NO.

I I
2 9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Contract.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

CITY OF BEVERLY HILLS
A Municipal Corporation

NANCY HUNT-COFFEY
City Manager
CONTRACTOR: Emilio Ramirez dba RAMCO
General Engineering Contractors

EMILIO RAMIREZ
Owner
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________
LAURENCE S. WIENER SHANA E. EPSTEIN
City Attorney Director of Public Works

MANDANA MOTAHARI
City Architect
_____________________________
SHARON L’HEUREAUX DRESSEL
Risk Manager
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of the Bid:

X
X
X
X
X
X
X
Completed and Signed Proposal
Completed and Signed Bid Form
Completed, Signed Information Required of Bidders Form
Completed, Signed and Notarized Bid Bond
Completed Designation of Subcontractors Form
Signed Non-Collusion Declaration
Completed and Signed Acknowledgement of Addenda
Failure of the Bidder to provide all required information in a complete and accurate manner may be considered nonresponsive.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
9 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

PROPOSAL

CITY OF BEVERLY HILLS
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BEVERLY HILLS:

The undersigned, as Bidder, declares that: (1) this Proposal is made without collusion with any other Person and that the only Persons or parties interested as principals are those named herein; (2) Bidder has carefully examined the Contract Documents and all Addenda as well as the site of the proposed Work; and (3) Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed and materials to be furnished. Furthermore, the undersigned agrees that submission of this Proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this Contract be awarded to Bidder, to enter into the Contract with the City of Beverly Hills to perform the proposed Project in accordance with the Contract Documents and all Addenda in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents and Addenda, for the following stated unit prices or lump-sum price as submitted on the Bid herein ..

The undersigned Bidder further agrees that should he or she be awarded the Contract on the basis hereof and thereafter fails or refuses to enter into the Contract and provide the required evidence of insurance and Bonds within fifteen (15) Days after written notice of the award, the cash, check or Bid Bond shall be forfeited to the City in accordance with Public Contract Code Section 20172, except as otherwise provided in Public Contract Code Section 20174.

The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number 886077 , Class A,B , which expires on 10/31/2024
Bidder's name: RAMCO General Engineering Contractors
Signature: ----'~~==--....1,Qc-+(2..:::==..:.::::::::,,,::..-.., _____ Date: 2/22/2023 E-Mail: [email protected] Tel: (818)272-4221 -----''------''------------------- City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
10 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

BIP FORM

CITY OF BEVERLY HILLS
NOTE: Any Alteration or Addition to the Bid Form May lnvalidatethe Bid The undersigned, having carefully examined the site conditions and the Contract Documents for SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
HEREBY PROPOSES AND AGREES to commence the Work per the Agreement; to furnish all labor, materials, equipment, transportation, service, sales taxes, and other costs necessary to complete the Work as specified herein from the date of Notice To Proceed, in strict conformity with the Contract Documents, at prices indicated below.

1.0 TOTAL LUMP SUM BASE BID:

Bidder agrees to provide and install all base bid work as shown on the Drawings and described in the Contract Documents including licenses, permits, fees, taxes, overhead, bond and insurance for the total lump sum of:
$ fi +t:f Tltt...-l.~ 'Tl.-wu~o..vtd , ? ix 1-tu.vttlYed Dell a.rs Dollars (in words- printed)
$ $ 5'?), '2 OD. 00
Dollars (in figures)
NOTE: In the case of any discrepancy between words and figures, the words shall prevail.

2.0 ALTERNATE BIDS - None

3.0 4.0
BID ALLOWANCES - None

TOT AL UNIT PRICES -
Cost per lineal foot of additional excavation. Includes removal of the structure's concrete walls to a minimum of 3 feet below the pavement subgrade, backfill, compaction, and installation of asphalt paving. $ 0 n e,, T"1.ol-(.,6a.M , 1 wD ~eJ Dt> ll o..rs
Dollars (in words- printed)
$ $ (,2.00 . 00
Dollars (in figures)
( pe,r foof indvdes / 'X 4' fvb'lcM)

5.0 TIME OF PERFORMANCE - Contractor proposes to complete the Work, including the accepted Alternatives, within the calendar days specified in the Contract Documents, commencing from the Date of Notice To Proceed.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
11 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

6.0 COMPENSATION FOR DELAY (PER DIEM)
Bidder shall determine and provide in the space below the amount of per diem compensation (costs to include any and all of Contractor's overhead, profit and General Conditions as directly related to this project) for any Compensable Delay at any time during the performance of the Work:
$ tOD . 00
Per Diem Per Day (in words) Per Diem Per Day (in figures) Per Diem compensation multiplied by Twenty (20) days "' $ 11.A.Jo Thov5~ Pollo..rs
Per Diem (in words)
$ 2.1 DOD. DO
Per Diem (in figures)

7.0 TOTAL PROJECT BID
To determine the low Bidder, the City will calculate the sum of the Base Bid listed in paragraph 1.0, plus the alternates, plus the amount of per diem for Compensable Delay listed in paragraph 5.0 multiplied by twenty (20) days. The Contract will then be awarded to the lowest responsive and responsible Bidder.

The Contract Amount may or may not include any or all or the alternatives, at the sole discretion of the City.

The use of the multiplier of twenty (20) days is not intended as an estimate of the number of days of Compensable Delay anticipated by the City. The City will pay the per diem compensation only for the actual number of days of Compensable Delay, as defined in the General Conditions. The actual number of days of Compensable Delay may be lesser or greater than the "multiplier" shown above. ~~r !?
Signature:--~=::;;.._ ___ ___. ____ '-, --"'"--- Title: Owner Date: 2/22/2023 City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
12 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

INFORMATION REQUIRED OF BIDDER
Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's name: RAMCO General Engineering Contractors (2) If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3)
(4)
(5)
Business address: P. 0 . Box 920878, Sylmar, CA 91392
Telephone: (818) 272-4221 Facsimile: (562) 273-0474
Type of firm - Individual, Partnership, LLC or Corporation: _--=.S..::.o..::lec..:Pc..:r..::o..i:p,;_ri..::.et::..;:.o;,,;_rs::..;h""'ip,c__ ______ _ (6) Corporation organized under the laws of the state of: _C_a_l_if_or_n_ia __________ _ (7)
(8)
California State Contractor's License Number and Class: _,!,!8!,!;86~0~Zw7'--'A=,B,!__ _________ _ Original Date Issued: 10/2006 Expiration Date: _1_0/_3_1_/2_0_24 _____ _ (9) List the name and title of the person(s) who inspected the site of the proposed Work for your firm:

Emilio Ramirez, Owner
(10) List the name and title of the person(s} who attended the mandatory pre-bid meeting for this Project, including the mandatory site visit, for your firm, if any:

Emilio Ramirez, Owner and Jesse Viera
Upon request of the City, the Bidder shall furnish additional information.

The Bidder certifies under penalty of perjury under the laws of the State that the information provided above is true and correct.

Upon request of the City, the Bidder shall furnish additional information.

The Bidder certifies under penalty of perjury under the laws of the State that the information provided above is true and correct.

Company CZ
Signature: __ e b==-=-k_.... :=: _ _ ...,> t---"..__,,,_..,.:.-~ Title: Owner
Date: 2/22/2023
Signature: '\
Title: s
Date: S.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
13 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code 4104]
List all Subcontractors doing Work in an amount in excess of 0.5% of the Contractor's total Bid or, in the case of Bids or offers for the construction of Streets or highways (including bridges), in excess of 0.5% of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

California
Name under which Contractor's License Address & Phone Number Type of Workffrade Subcontractor is Licensed Number(s) & (e.g., Electrical) Class(es)
\
~
~ '
~
~ I
~ t
"
~
~
~
~ City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
14 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

NONCOLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
(Public Contract Code 7106)
The undersigned declares:

I am the Owner
RAMCO General
of Engineering Contractors , the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed Person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. 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. All statements contained in the Bid are true. 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, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on February 22,2023 , at ___ __:L=.;O::..:S::....:....A::..n:.;:.gt.::e:.:.;le;:.;zs=-----------,,_C;;_acc_lc:..;if..;;:;.o.:....:rn...;.;i..;:.;a ______ ." Signature_ ~ ~ ~ _ Signature --->,-----------
'-=--
Printed Name: Emilio Ramirez
Date: __ 21_2_2_/2_0_2_3 ________ _
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
15 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

ACKNOWLEDGMENT OF ADDENDA
Bidder's Name: RAMCO General Engineering Contractors
The Bidder shall signify receipt of all Addenda here, if any:

Addendum Number Date Received
1 2/14/2023
2 2/14/2023
'-----
------ ---I'-----
~
~
Signature
~-
q-__
-.........__
~
~
y_ \(" -'
C)_, ~~ '-
If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.

I
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
16 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

CITY OF BEVERLY HILLS

DEPARTMENT OF PUBLIC WORKS
345 N. FOOTHILL ROAD
BEVERLY HILLS, CALIFORNIA 90210
ADDENDUM NO. 1
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
RFB 23-350-35
DATE OF ADDENDUM: FEBRUARY 1, 2023
The following changes are made to RFB 23-350-35, Sinkhole Repair at 344 Foothill Road Parking Lot project:

ITEM NO. 1 - RESCHEDULING OF PRE-BID MEETING
Note that the mandatory pre-bid meeting is re-scheduled for Thursday, February 9 at 11:00am. The pre-bid meeting will be held at the parking lot located at 344 Foothill Road.

Street parking is available on Foothill Road and Alden Drive. Note that the entrance to this parking lot is located on Alden Drive, across the street from the Mercedes-Benz dealership.

Failure of a Bidder to attend will render that Bidder's Proposal non-responsive. No allowances for cost adjustments will be made if Bidders fail to adequately examine the premises before submitting a Proposal.

END OF ADDENDUM
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

CITY OF BEVERLY HILLS

DEPARTMENT OF PUBLIC WORKS
345 N. FOOTHILL ROAD
BEVERLY HILLS, CALIFORNIA 90210
ADDENDUM NO. 2
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
RFB 23-350-35
DATE OF ADDENDUM: FEBRUARY 1. 2023
The following changes are made to RFB 23-350-35, Sinkhole Repair at 344 Foothill Road Parking Lot project:

ITEM NO. 1 - CHANGE IN BID DUE DATE
Note that the bid due date has been changed. Electronic bids are now due on Planet Bids up to 2:00 p.m. on Thursday, February 23, 2023.

ITEM NO. 2 - CHANGE IN LAST DAY TO SUBMIT QUESTIONS
Any questions regarding any error, omission, ambiguity or conflict in the Drawings or Specifications, as well as any general questions, shall be submitted to the Project Administrator via Planet Bids by no later than 5:00pm on February 14, 2023. Requests for clarification received after this date or sent directly to the Project Administrator will be disregarded.

END OF ADDENDUM
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Contractor's Name Bid 23-350-35: SINK HOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 02/09/2023 MANDATORY PRE-BID CONFERENCE SIGN-IN SHEET Contractor's Address Contractor's Re resentative je~c.e, \~ ,,,v;;;K 5~,'?fd/ Mandatory Pre-Bid Conference Sign-I n Sheet
Bid 23-350-35: Sink Hole Repair at 344 Foothill Road Parking Lot

Page 1 ends

DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Bond No.

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Beverly Hills ("City"}, has issued an invitation for Bids for the Work described as follows:

SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
(Project name)
WHEREAS Ramco General Engineering Contractor
PO Box 920878, Sylmar, CA 91392
(Name and address of Bidder)
("Principal"), desires to submit a Bid to City for the Work.

WHEREAS, Bidders are required under the provisions of the California Public Contract Code to furnish a form of Bidder's security with their Bid.

NOW, THEREFORE, we, the undersigned Principal, and _A_r_ch_ln_s_u_;.ra_n_c_e_;.C_o_m...,._p_a_n...._y _________ _ Harborside 3 21 0 Hudson Street Suite 300, Jersey City, NJ 07311 (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Ten percent of the total bid amount Dollars($ 10% , being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the Work by the City and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required Bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this Bond, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code Section 2845.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 41
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: February 14, 2023
"Principal" "Surety"
Ramco General Engineering Contractor Arch Insurance Company By: __ -'-fl __ J ._~----=-=-=_,__ ____ _
Its 7~ey-in-fact
By: _____________ _ By: _____________ _
Its Its
................
_,.
-
:. .. ' ...:
(Seal) (Seal)
..............

Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 42
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Califomia All-Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _O_ra_n_..g._e ___________ _ S.S.

On February 14, 2023 before me, Bethany Mercer, Notary Public Name of Notary Public, Title
personally appeared __ K;_e_,_lly_S_,_p'-e;_c;_ht ____________________ _ Name of Signer ( 1)
N/A
Na, ne of S1 IneI (2'
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

BETHANY MERCER
Notary Public • California :
0ran9e County ~
Commission# 2369740 -
y Comm. Expir
Seal

OPTIONAL INFORMATION ------------
tlon 1s not reqwred by law it could prevent fraudulent removal and reattachment of nzeiJ Jocument and may prove useful to persons relying on the attached document. wledgment is attached to a
document titled/for
• Bid Bond
containing _2_ pages, and dated February 14, 2023
The signer(s) capacity or authority is/are as:

D lndividual(s)
!Kl Attorney-in-fact
D Corporate Officer(s) ______________ _
□ Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
1 1e(5,
D Other: _________________ _
representing: Arch Insurance Company
Narr )of P1 on1s, E1 111 1es) Sign, 1s Rcpresent10g
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:

D form(s) of identification D credible witness(es)
Notarial event is detailed in notary journal on:

Page#__ Entry# __
Notary contact: _________ _
Other
D Additional Signer D Signer(s) Thumbprints(s)
-------------
,\(,. ti, •• •• ,\.( '" • ll,, . ) • • ,'-1. '- · ti\ ., (. , \(-. (t, , • • , I 2009-2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form from our web site at www.TheNotarysStore,com DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB 44547
This Power of Attorney limits the acts of those named herein, and they have no QJlthority to bind the Company except in the manner and to the extent herein stated.

Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees.

POWER OF ATTORNEY
Know All Persons By These Presents:

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter refurred to as the "Company") does hereby appoint:

Kandis Gregory and Kelly Specht of San Clemente, CA (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalfas surety, and as its act and deed:

Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars ($150,000,000.00).

This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.

The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.

This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 3 I, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 3 I, 2022:

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power ofattorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27th day of January, 20ll.

Attested and Certified
Ro~l~,;~:;---

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
Stephen
~~C~ C. Ruschak, Executive Vice President
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. '"fflMllll'lllla ,,-- / ~ CCIIIWIIOllllllftUIHlf F'tl,flSIJMlllt · NoU,y Seal ' , /J \_/" . . J • MICHU! TUOOt, Mo!MyMtlc ~ ~ ~ ~c:cu.y ~'-+--=-4'---'---+l------ "" Commission bpir.s My 31, 2025 bl ic
CommblfanlUllblr 1161QJ My commission expires 07/31/2025

CERTIFICATION
I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated January 271 2023 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereofand is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. ,.n"l IN !~TIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this tr.day of~ , w~ 0 0
~Sh~:n, Sec!::;-
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUlRJES RELATING TO TKIS BOND TO THE FOLLOWrNG ADDRESS:

Arch Insurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at Sur~A ~ a~.corn Please refer to the above named Attorney-in-Fact and the details of the bond to which the palA/W is ettach{rd. ..:::-, AICPOA040120 Printed in U.S.A.

DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles }
On f kwr-"cJ / 5/Lo ?_J , Notary Public,
personally appeared - -->-=__,___,..=-----=:....>...JeL..-__ _.______,'"""t:1--.. ---'-'v--------. -----'-' ==-~----------- who proved to me on the basis of satisfactory evidence to be~ e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

PLACE NOTARY SEAL ABOVE
.................... ......................................................................... ........................ ............................ ................................. . ................................ ······················· ···•· ......... ................................ , .......... ····················•··· Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of attached documen~ d
Title or type of document: -~Ll l-"--- L= t"'-j--~irv-'--'-('.Th "-----'-~-.,,__ ______________ _ Document Date: __ i._-_1
) ~ ; _ L+-
1 ~.,,.... )~-2a~ ____,2-~ '"') ______ Number of Pages: ______ _ Signer(s) Other than Named Above: ----------------------- DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Executed in Duplicate
Bond No. UCSX372X6945
Premium included.

PAYMENT BOND
{LABOR AND MATERIALS>
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Beverly Hills ("City"), State of California, has awarded to Ramco General Engineering Contractor PO Box 920878, Sylmar, CA 91392
_______________________________ ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:

SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and United Surety Insurance Company 233 Needham Street Suite 440, Newton, MA 02464
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Fifty-six thousand nine hundred 00/100 Dollars ($ 56,900.00 ). for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

City of Bever1y Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 43
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB IN WITNESS WHEREOF, two (2) identical
counterparts of this instrument, each of which
shall for all purposes be deemed an original
hereof, have been duly executed by Principal
and Surety, on the date set forth below, the
name of each corporate party being hereto
affixed and these presents duly signed by its
undersigned representative{s) pursuant to
authority of its governing body.

Dated: 12/26/2023
"Surety"
United Surety Insurance Company
By: ____________ _
Its
(Seal)
"Principal"
Ramco General Kg Contracior
By: ~-0 , Its Owner, Emilio Ramirez
By: ____________ _
Its
(Seal)
APPROVED AS TO FORM:

By:___JL=--====---=-w-=--·....:. --- -==------ Laurence S. Wiener, City Attorney Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 44
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

ALL- PURPOSE

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

State of California }
County of Los Angeles }
On December 29, 2023 before me, Public -------~----......,..;........,-~.L,------ personally appeared _E_m_i_lio_R_a_m_i_re_z _________________ _ who proved to me on the basis of satisfactory evidence to be the person(-$) whose name(-s-)(@are subscribed to the within instrument and acknowledged to me that (oo);he/they executed the same in~er/their authorized capacity(ies), and that by ~er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(~ acted, executed the instrument.

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

WITNESS my hand and official seal. JOSHUA NICHOLAS JIMENEZ Notary Public • California J
Los Angeles County _
Commission# 2442127
y Comm. Expires Mar 23, 2027
Notary Public Signature (Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
Payment Bond
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _2_ Document Date 12/26/23

CAPACITY CLAIMED BY THE SIGNER
Individual (s)
Corporate Officer
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other _________ _
2015 Version www.NotaryClasses.com 800-873-9865

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

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

Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.

DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB I

TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT
CIVIL PRACTICE & REMEDIES CODE § 121.007
•
The State of Texas
County of _B_e_x_ar ______ _

DELANIE DAVIS
Notary ID #133477012
My Commission Expires
December 6, 2025
Place Notary Seal and/or Stamp Above
Before me,
Delanie Davis, Notary Public
Name and Character of Notarizing Officer,
e.g., "John Smith, Notary Public"
on this day personally appeared
Kelly Specht
Name of Signer
IXJ known to me
D proved to me on the oath of
Name of Credible Witness
D proved to me through _______ _
Description of Identity Card or Document
to be the person whose name is subscribed to
the foregoing instrument and acknowledged
to me that he/she executed the same for the
purposes and consideration therein expressed.

Given under my hand and seal of office this
26th day of _D_e_ce_m_be_r ___ _
Day Month
Uk_Q0£11i.e.2J£:J Signature of Notarizing Officer
2023
Year
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Payment Bond No. UCSX372X6945 Executed in Duplicate Document Date: December 26, 2023 Number of Pages: ---'2"--- Signer(s) Other Than Named Above: _N_o_O_th_e_r_S~ig~n_e_rs _________________ _ • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5243 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB D UNITED CASUALTY AND SURETY INSURANCE COMPANY US casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No: 171372
KNOW AU MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents make, constitute and appoint: Kelly Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, William Belpedio its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, reco1nlzances, undertaklnp or other Instruments or contracts of suretyShlp to Include riders, amendments, and consents of surety, provldln1 the bond penalty does not exceed Three Million Five Hundred Thousand & 00/100 Dollars 1$3.500,000.00 ). This Power of Attorney shall expire without further action on December 31st, 2024.

This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1" day of July, 1993:

Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company, in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-In-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.

That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 4th day of April, 2023 Corporate Seals
Commonwealth of Massachusetts
County of Middlesex ss:

UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
Michael T. Porsch, Treasurer
On this 4th day of April, 2023 before me, Colleen A. Cochrane, a notary public, personally appeared, Michael T. Porsch, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and seal. e COUEENA. COCtlRANE Notary Pldllic, Commonweallh of MassadNISltta My Commission Expires 10/27/2028
I, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Newton, Massachusetts this _ 2_6_th _______ day of December , ....,2,,_,0e:2:=.3 __
Corporate Seals
Robert F. Thomas, President
TO CONFIRM AUTHENTlCllY OF THIS BOND OR DOCUMENT EMAIL: [email protected] DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Executed in Duplicate

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that
Bond No.UCSX372X6945
Premium: $1,138.00
Final premium based on
final contract amount.

WHEREAS the City of Beverly Hills ("City"), has awarded to Ramco General Engineering Contractor PO Box 920878, Sylmar, CA 91392
______________________________ ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:

SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications.

Surety hereby waives the provisions of California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 45
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: 12/26/2023
"Principal"
Ramco General Engineering Contractor
By:_~Z:=::lt=s~Ow ... s2- :::n_e...:r,::::E;;_m4 (t-io_R...:?~m-ire'""z==--- By: _____________ _
Its
(Seal)
"Surety"
United Surety Insurance Company
By: ___ +,Y, -"--"-_J ,_.-"'1!11 Q, ,r;.;;..a_'-'"-'-" /.,J,.- :....<---__ _ Its Att~~ht
By: ____________ _
Its
(Seal)
APPROVED AS TO FORM:

By:_____:d..:.:-==::::.....:..: ~ :__ · '--..=-=-·---
Laurence S. Wiener, City Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DA TE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 46
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

ALL- PURPOSE

State of California }
County of Los Angeles }
On December 29, 2023 before me, Joshua Nicholas Jimenez, Notary Public (Here insert name and title of the officer)
personally appeared _E_m_ili_o_R_a_m_ir_e_z _________________ _ who proved to me on the basis of satisfactory evidence to be the person(-5) whose name(-s-)@)are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in~er/their authorized capacity(ies), and that by ~er/their signature(-5) on the instrument the person(-5), or the entity upon behalf of which the person(s} acted, executed the instrument.

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

WITNESS my hand and official seal.
~ ~ :~ : .. ~: e J~s:UA :c;t7s J~E~Ez° l _ • Notary Pubhc - Califorma ,.. i Los Angeles County ! Commission# 2442127 My Comm. Expires Mar 23, 2027 Notary Public Signature (Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
Performance Bond
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _2_ Document Date 12/26/23
CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) □ Attorney-in-Fact □ Trustee(s)
0 Other _________ _
2015 Version www.NotaryClasses.com 800-873-9865

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

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

DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT
CIVIL PRACTICE & REMEDIES CODE § 121.007
•
The State of Texas
County of _B_ex_a_r _____ _

DELANIE DAVIS
Notary ID /1133477012
My Commission Expires
December 6, 2025
Place Notary Seal and/or Stamp Above
Before me,
Delanie Davis, Notary Public
Name and Character of Notarizing Officer,
e.g., "John Smith, Notary Public"
on this day personally appeared
Kelly Specht
Name of Signer
IXl known to me □ proved to me on the oath of
Name of Credible Witness □ proved to me through ________ _ Description of Identity Card or Document
to be the person whose name is subscribed to
the foregoing instrument and acknowledged
to me that he/she executed the same for the
purposes and consideration therein expressed.

Given under my hand and seal of office this
26th day of December 2023
Day Month Year
'1J~i,le.Ci1CJ Signature of Notarizing Officer
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Performance Bond No. UCSX372X6945 Executed in Duplicate Document Date: December 26, 2023 Number of Pages: ___ 2 __ _ Signer(s) Other Than Named Above: _N_o_O_t_h_e_r _S....,.ig'-n_e_rs _________________ _ • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOT ARY (1-800-876-6827) Item #5243 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB a UNITED CASUALTY AND SURETY INSURANCE COMPANY US casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No: 171372
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents make, constitute and appoint: Kelly Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, William Belpedio its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, rec01nlzances, undertakings or other instruments or contracts of suretyshlp to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed Three Million Five Hundred Thousand & 00/100 Dollars ($3,500,000.00 J. This Power of Attorney shall expire without further action on December 31st, 2024.

This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1" day of July, 1993:

Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company, in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of Indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.

UNITED CASUALTY AND SURETY INSURANCE COMPANY
US casualty and Surety Insurance Company
United Surety Insurance Company
Michael T. Porsch, Treasurer
On this 4th day of April, 2023 before me, Colleen A. Cochrane, a notary public, personally appeared, Michael T. Porsch, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and seal. e COUEENA.COCIIWE Notary Publi:, Commonweallh of MassacMetla My Commission Expires 10127/2028
I, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance '-"mpany do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Newton, Massachusetts this _ 2-'-6t_h _______ day of December , 2023
Corporate Seals
Robert F. Thomas, President
TO CONFIIJM AUTHENTICITY OF THIS BONO OR DOCUMENT EMAIL: CONFIRMBOND@)UNITEDCASUALTY.COM

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
7/20/2023
Orr & Associates Insurance Services
28780 Single Oak Dr
Ste 255
Temecula CA 92590
Certificates 800-311-3081 800-474-3003 [email protected] License#: 0E63493 Associated Industries Ins. Co. 23140 RAMCGEN-01 Mt. Hawley Insurance Company 37974 Ramco General Engineering Contractor
PO Box 920878
Sylmar CA 91392
State Compensation Ins Fund 35076 California Auto Insurance Co. 38342 1256468095 1 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X
Y Y AES102897410 4/11/2023 4/11/2024
2,000,000
D 1,000,000 X
X X
Y Y BA040000081712 7/13/2023 7/13/2024
B X 2,000,000 X
GXS0011633 4/11/2023 4/11/2024
2,000,000
C Y 9226904-2023 3/1/2023 3/1/2024
X
1,000,000 1,000,000 1,000,000
Certificate is subject to policy limits, conditions and exclusions.

City of Beverly Hills, its City Council and every officer, agent and employee of City are named as Additional Insured as per attached endorsement form(s).

Certificate Holder will be notified in the event of a General Policy cancellation.

City of Beverly Hills
345 N Foothill Road
Beverly Hills CA 90210 MTF 7/25/23
Approved Auto 1m PW 11352
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB ACORD®
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Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.

MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR – DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO – COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Policy Number: BA0400000081712 Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.

MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6

BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.

Coverage under this provision is afforded only until the end of the policy period.

Coverage does not apply to an “accident” which occurred before you acquired or formed the organization.

II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any “employee” of yours is an "insured" while using a covered “auto" you don't own, hire or borrow in your business or your personal affairs.

III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.

IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

V. SUPPLEMENTARY PAYMENTS
SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

Policy Number: BA0400000081712
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.

MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 VI. FELLOW EMPLOYEE COVERAGE:

SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers’ compensation insurance in-force covering all of your “employees”. Coverage is excess over any other collectible insurance.

VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:

We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.

VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. If hired "autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to “loss” caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance.

IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:

This exclusion does not apply to the accidental discharge of an airbag.

MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 X. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:

4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered “auto,” less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
(1) Overdue lease/loan payments at the time of the “loss”; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.

XI. GLASS REPAIR – DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

No deductible applies to glass damage if the glass is repaired rather than replaced.

XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

If two or more "company" policies or coverage forms apply to the same accident:

1. If the applicable Business Auto deductible is the smallest, it will be waived; or

2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or

3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.

For the purpose of this endorsement "company” means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.

XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation.

MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:

5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:

Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.

This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:

1. Any covered "auto" you lease, hire, rent or borrow; and

2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:
e. 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 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.

MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(2) The "insured’s" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.

XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V – DEFINITIONS, C. "Bodily Injury” is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.

Policy Number: BA0400000081712 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB AES102897410
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Policy: COMMERCIAL GENERAL LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A Section II - Who Is An Insured is amended to
include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have
agreed in writing in a contract or agreement that
such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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.

A person's or organization's status as an additional
insured under this endorsement ends when your
operations for that additional insured are completed.

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

This insurance does not apply to:

1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or
engineering activities.

2. "Bodily injury" or "property damage" occurring
after:
a. 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
b. 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 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 AES102897410
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
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

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

ALL PERSONS OR ORGANIZATIONS WHERE

WRITTEN CONTRACT WITH THE NAMED INSURED

REQUIRES ADDITIONAL INSURED COMPLETED
OPERATIONS. THIS FORM DOES NOT APPLY TO
YOUR WORK ON "RESIDENTIAL PROPERTY"
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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 "productscompleted operations hazard".

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ AES102897410
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
NX GL 093 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT - AGGREGATE LIMITS OF INSURANCE
(PER PROJECT)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Schedule
Subject to an Overall Policy Aggregate Limit: $~,000,000 I (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION Ill - LIMITS OF INSURANCE are replaced by the following:

2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B.

3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" to each of your projects away from premises owned by or rented to you .

B. The following is added to SECTION Ill - LIMITS OF INSURANCE:

8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you.

NX GL 093 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission AES102897410
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB POLICY NUMBER: I
..,_ ____ ,,,.. COMMERCIAL GENERAL LIABILITY
NX GL 009 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTING INSURANCE
(THIRD-PARTY)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:

4. Other Insurance:

With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy NX GL 009 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc , with its permission AES102897410
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

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:

Blanket as required by written contract.

Information reauired to comolete 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 "productscompleted 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 Page 1 of1 □

RAMCO GENERAL ENGINEERING CONTRACT
PO BOX 920878
SYLMAR, CA 91392

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.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM.

SCHEDULE
EFFECTIVE March 1, 2023 AT 12:01 AM.

AND EXPIRING March 1, 2024 AT 12:01 AM
9226904-23

RENEWAL
Southern
5446627

HOME OFFICE

SAN FRANCISCO

ALL EFFECTIVE DATES
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF SUBROGATION

NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL

BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: February 28, 2023

AUTHORIZED REPRESENTATIVE
2572
SCIF FORM 10217 (REV. 4 - 2018)

PRESIDENT AND CEO
OLD DP 217

ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION
BLANKET BASIS Page 1
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

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DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

NOTICE TO BIDDERS

CITY OF BEVERLY HILLS

CONTRACT DOCUMENTS
FOR
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
RFB-23-350-35
JANUARY 25, 2023
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21BB

TABLE OF CONTENTS
Page No.

I. NOTICE INVITING BIDS .............................................................................................................................. 3 II. INSTRUCTIONS TO BIDDERS .................................................................................................................... 6 Ill. SPECIFICATIONS ...................................................................................................................................... 17 IV. CONTRACT ................................................................................................................................................ 36 V. BONDS ....................................................................................................................................................... 40

BID BOND

PAYMENT BOND (LABOR AND MATERIALS)

PERFORMANCE BOND
VI. INSURANCE ............................................................................................................................................... 47

WORKERS' COMPENSATION CERTIFICATE OF INSURANCE

ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY

ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY

ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY
VII. APPENDIX I SCOPE OF WORK ................................................................................................................ 55 VIII. APPENDIX II REPORTS ......................................................................................................... 56 City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
2 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB I. NOTICE INYITJNG BIDS
FOR
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
RFB-23-350-35
NOTICE IS HEREBY GIVEN that the City of Beverly Hills, California ("City") invites electronic bids for the Project.

The City will receive such bids electronic via PlanetBids up to 2:00pm on February 14, 2023. Bid results will be sent to all respective bidders via PlanetBids.

AU Bidders are required to submit their bids electronically. The electronic bid system will close exactly at the date and time set forth in this Notice Inviting Bids or as changed by addenda. Bidder shall be required to submit their Bid Schedule and Subcontractors List electronically.

Bidders are responsible for submitting and having their bids accepted before the closing time set forth in the Notice Inviting Bids or as changed by addenda. NOTE: Pushing the submit button on the electronic bid system may not be instantaneous; it may take time for the Bidder's documents to upload and transmit before the bid is accepted. It is the Bidder's sole responsibility to ensure their documents are uploaded, transmitted, and arrive in time electronically. The City of Beverly Hills will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.

Bids must remain valid and shall not be subject to withdrawal for ninety (90) Days after the bid opening date.

INCORPORATION OF STANDARD SPECIFICATIONS
The 2021 edition of "Standard Specifications for Public Works Construction" are incorporated into these Contract Documents by this reference, as amended by the provisions of these Contract Documents. The Work described herein shall be done in accordance with the provisions of the Standard Specifications insofar as the same may apply, and in accordance with these Contract Documents.

SCOPE OF WORK
The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary for construction to repair a sinkhole located at 344 Foothill Road parking lot in Beverly Hills.

The base scope of work will be per the recommendations included in Geotechnologies, lnc.'s report dated December 20, 2022, and consists of:
a. excavating to expose the existing underground concrete structure b. perforating of the structure's lower concrete slab with minimum 4" perforations, at a minimum of 8 feet on center
c. removal of the structure's concrete walls to a minimum of 3 feet below the pavement subgrade d. backfilling and compacting
e. placement of new asphalt paving at the sinkhole area The exposed portion of the underground concrete structure is approximately 14 feet long by 6 feet wide, and the depth is approximately 7.5 feet. However, the length of the underground concrete structure is unknown, and the Contractor will need to excavate to determine the extent. Unit pricing will be included in the bid for each additional lineal foot of excavation, including removal of concrete walls to a minimum of 3 feet below the pavement subgrade, backfill, compaction, and installation of asphalt paving.

Also attached to this Notice to Bidders is EFI Global's technical memorandum dated January 23, 2023, which summarizes the soil investigation performed at the sinkhole. The City will provide dust monitoring services during excavation activities.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
3 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

OBTAINING BID DOCUMENTS
The Contract Documents, including the plans and specifications may also be viewed on, and downloaded from the City's PlanetBids portal:
https://www.planetbids.com/portal/portal.cfm?Company1D=39493 The Project Manager for this project is Karen Domerchie ([email protected]), telephone number (310) 985-2756.

PUBLIC CONTRACT CODE - INFORMAL BIDDING
City adopted the Uniform Public Construction Cost Accounting procedures set forth in Article 2 (commencing with Section 22010) of the Public Contract Code for informal bidding of public projects of two hundred thousand dollars ($200,000) or less.

In accordance with the Public Contract Code, City maintains a list of qualified contractors, identified according to categories of work. All contractors on the list for the category of work being bid have been mailed a notice inviting informal bids. The mailing of notices to contractors and construction trade journals pursuant to the Public Contract Code was completed more than 10 calendar days before the bids are due. As required by the Public Contract Code, this notice inviting informal bids describes the project in general terms, how to obtain more detailed information about the project, and states the time for the submission of bids.

MANDATORY PRE-BID MEETING AND SITE VISIT
A mandatory pre-bid meeting will be held on Wednesday, February 1, 2023 at 11 :00am at the parking lot located at 344 Foothill Road. Street parking is available on Foothill Road and Alden Drive. Note that the entrance to this parking lot is located on Alden Drive, across the street from the Mercedes-Benz dealership. Failure of a Bidder to attend will render that Bidder's Proposal non-responsive. No allowances for cost adjustments will be made if Bidders fail to adequately examine the premises before submitting a Proposal.

REQUESTS FOR CLARIFICATION
Any questions regarding any error, omission, ambiguity or conflict in the Drawings or Specifications, as well as any general questions, shall be submitted to the Project Administrator via PlanetBids by no later than 5:·00pm on February 3rd, 2023. Requests for clarification received after this date or sent directly to the Project Administrator will be disregarded.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS The Bidder's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform a public work pursuant to Labor Code Section 1725.5. This requirement applies to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015.

PREVAILING WAGES
In accordance with Labor Code Section 1770 et seq., this Project is a "public work," and thus, the Contractor and any Subcontractors must pay wages in accordance with the determination of the Director of the Department of Industrial Relations ("DIR") regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works, and are available to any interested party upon request. Contractor shall post a copy of the DI R's determination of the prevailing rate of per diem wages at each job site.

LICENSES
The Bidder shall possess a valid Class A Contractor's license issued by California State Contractors License Board at the time of the Bid submission. The successful Contractor must also possess a current City business license.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
4 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

RETENTION SUBSTITUTION
Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. Alternatively, Contractor may request that the City make payments of earned retentions directly to an escrow agent at Contractor's expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

LIQUIDATED DAMAGES
All Work shall be completed within 30 calendar days following the date specified in the written Notice to Proceed from the City. There will be a $500.00 assessment for each calendar day that Work remains incomplete beyond the time specified for the completion of the Work in the Contract Documents.

BIDDING PROCESS
The City reserves the right to reject any Bid or all Bids and to waive any irregularities or informalities in any Bid or in the bidding and to make awards in all or part in the best interest of the City.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
5 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE218B

11. INSTRUCTIONS TO BIDDERS
FORM OF PROPOSAL: All Bidders are required to submit their bids electronically. The electronic bid system will close exactly at the date and time set forth in this Notice Inviting Bids or as changed by addenda. Bidder shall be required to submit their Bid Schedule and Subcontractors List electronically.

Bidders must register as a vendor at the following website in order to download specification, Bid Proposal Package, plans, and prospective bidders list, and to receive addendums and notifications when issued. https://www.planetbids.com/portal/portal.cfm?Company1D=39493 DELIVERY OF PROPOSALS: Bidders are responsible for submitting and having their bids accepted before the closing time set forth in the Notice Inviting Bids or as changed by addenda. NOTE: Pushing the submit button on the electronic bid system may not be instantaneous; it may take time for the Bidder's documents to upload and transmit before the bid is accepted. It is the Bidder's sole responsibility to ensure their documents are uploaded, transmitted, and arrive in time electronically. The City of Beverly Hills will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.

MODIFICATIONS AND ALTERNATIVE PROPOSALS: Unauthorized conditions, limitations or provisos attached to a Proposal will render it non-responsive and may be cause for rejection. The complete Proposal form must be without interlineations, alterations or erasures. No oral, telegraphic or telephonic Proposals or modifications will be considered.

WITHDRAWAL OF PROPOSAL: The Proposal may be withdrawn by the Bidder on PlanetBids without prejudice, before the date and time fixed for final acceptance of Bids. No Proposal may be withdrawn during the period of ninety (90) Days after the final acceptance date and time of Proposals. After that point, a withdrawal request may be submitted the Project Administrator/Manager in writing that has been executed by the Bidder or their duly authorized representative.

BIDDER'S SECURITY: In accordance with Public Contract Code Section 20170 et seq., each Proposal shall be accompanied by cash, a certified or cashier's check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent (10%) of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee that the Bidder will execute the Contract if it is awarded to him or her in conformity with the Contract Documents and all Addenda issued before Bid opening, and shall provide the evidence of insurance and furnish the necessary Bonds as specified in the Contract Documents and all Addenda issued before Bid opening, within fifteen (15) Days after written notice of the award. In case of the Bidder's refusal or failure to do so, the cash, check, or Bond, as the case may be, shall be forfeited to the City pursuant to Public Contract Code Section 20172, except as provided in Public Contract Code Section 20174. Under Section 20174, if the lowest responsible Bidder fails or refuses to execute the Contract, the City may award the Contract to the next lowest responsible Bidder; if the City does so, the amount of the lowest Bidder's security shall be applied by the City to the difference between the lowest Bid and next lowest Bid, and the surplus, if any, shall be returned to the lowest Bidder or to his or her Surety. No Bidder's Bond will be accepted unless it conforms substantially to the form provided in these Contract Documents.

ADDENDA: The Project Administrator may, from time to time, issue Addenda to the Contract Documents. Parties that have registered through PlanetBids and downloaded bidding documents shall be notified of Addenda and have access to the new or additional documents. The City may determine, in its sole discretion, whether an Addendum requires the postponement of the date set for opening Bids. The announcement of the new date, if any, shall be made within the Addenda. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should check PlanetBids to verify that they have receive any and all Addenda, if any.

DISCREPANCIES IN PROPOSALS: The Bidder shall set forth as to each item of Work, in clearly legible figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
6 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB the item shall prevail in accordance with the following:
(1) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. (2) As to unit price items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

In case of discrepancy between words and figures, the words shall prevail.

BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each Bidder must carefully examine the site of the Project, the entirety of the Contract Documents and all Addenda issued. Upon submission of a Proposal, it will be assumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Proposal submission, it shall be further assumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents and all Addenda issued. The submission of a Proposal shall be considered conclusive evidence that the Bidder has made such an examination and consents thereto. No information derived from an inspection of records or investigation will in any way relieve the Contractor from his or her obligations under the Contract Documents or any Addenda issued nor entitle the Contractor to any additional compensation. By submitting his or her Proposal, the Contractor agrees not to make any claim against the City based upon ignorance or misunderstanding of any condition of the Work site or of the requirements set forth in the Contract Documents or Addenda.

DISQUALIFICATION OF BIDDERS: No Person shall be allowed to make, file or be interested in more than one Bid for the same project, unless alternate Bids are specifically called for. A Person that has submitted a subproposal to a Bidder, or that has quoted prices of materials to a Bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or making a prime Proposal. If there is a reason to believe that AWARD OF CONTRACT: The City reserves the right to reject any or all Proposals or any parts thereof or to waive any irregularities or informalities in any Proposal or in the bidding. The award of the Contract, if made, will be to the lowest responsible Bidder within ninety (90) Days after the opening of the Proposals, except that the award may be made after that period if the successful Bidder has not given the City written notice of the withdrawal of his or her Bid.

ADDITIVE OR DEDUCTIVE BIDS: If additive or deductive Bids are required, the lowest Bid shall be the Proposal with the lowest base bid, plus all of the alternate Bids, minus all of the deductive Bids, as listed in the Proposal forms. This determination method shall be used regardless of whether additive or deductive items are included in the project, which shall be at the City's discretion.

LISTING SUBCONTRACTORS: Each Bidder shall submit a list of the proposed Subcontractors on this Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). A form for this purpose is furnished with the Proposal.

EXECUTION OF CONTRACT: The Bidder to whom award of the Project is made shall execute a written contract with the City in the form included in these Contract Documents within fifteen (15) Days from the date of mailing of written notice of the award. This Bidder shall also secure all insurance and Bonds as herein specified, and provide copies therefor to the City, within fifteen (15) Days from the date of mailing of written notice of the award. Failure or refusal to enter into the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder's security. In the event the Bidder to whom an award is made fails or refuses to execute the Contract within that time, the City may declare the Bidder's security forfeited, and the City Council may award the Work to the next lowest responsible Bidder, or may call for new Bids. Where the City Council awards the Work to the next lowest responsible Bidder, pursuant to Public Contract Code Section 20174, the amount of the lowest Bidder's security shall be applied to the difference between the lowest and next lowest Bid and the surplus, if any, shall be returned to the lowest Bidder or to his or her Surety. If the second lowest responsible Bidder fails or refuses to execute the Contract, the City Council may award the Contract to the third lowest responsible Bidder pursuant to Public Contract Code Section 20174.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
7 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB SIGNATURES: The Bidder or his, her or its authorized representative shall execute all documents requiring signatures, including but not limited to various forms in the Proposal, various forms in the Contract, and Bonds.

Bidders shall provide evidence satisfactory to the City, such as an authenticated resolution of its Board of Directors or a Power of Attorney, indicating the capacity of the person signing the Proposal to bind the Bidder to each Proposal and to any Contract arising therefrom.

INSURANCE AND BONDS: The Contractor shall not begin Work under the Contract until it has given the City evidence of all required insurance coverage, including all additional insured endorsements. The Contractor also shall not begin Work under the Contract until it has furnished to the City two Bonds: one guaranteeing the Contractor's faithful performance of the Contract, and other securing the payment of claims for labor and material.

Each of these Bonds shall be executed in a sum equal to the Contract amount.

INDEMNITY: The indemnity shall be as written in Section 7.8 of the Specifications.

INTERPRETATION OF CONTRACT DOCUMENTS: If any Bidder is in doubt as to the intended meaning of any part of the Contract Documents, or finds discrepancies in or omissions from the Contract Documents, he or she may submit to the Project Administrator a written request for an interpretation or correction not later than five (5) working days before Bid opening. The Person submitting the request will be responsible for its prompt delivery, and no requests will be accepted or considered after that time. Any interpretation or correction of the Contract Documents will be made only by an Addendum duly issued and mailed, with a copy of such Addendum faxed or emailed, to each Person receiving a set of the Contract Documents. No oral interpretation of any provision in the Contract Documents shall be binding.

TAXES: Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work hereunder shall be paid by the Contractor. Contractor shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in the total Proposal.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
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CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of the Bid:

Completed and Signed Proposal
Completed and Signed Bid Form
Completed, Signed Information Required of Bidders Form
Completed, Signed and Notarized Bid Bond
Completed Designation of Subcontractors Form
Signed Non-Collusion Declaration
Completed and Signed Acknowledgement of Addenda
Failure of the Bidder to provide all required information in a complete and accurate manner may be considered nonresponsive.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
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PROPOSAL

CITY OF BEVERLY HILLS
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BEVERLY HILLS:

The undersigned, as Bidder, declares that: (1) this Proposal is made without collusion with any other Person and that the only Persons or parties interested as principals are those named herein; (2) Bidder has carefully examined the Contract Documents and all Addenda as well as the site of the proposed Work; and (3) Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed and materials to be furnished. Furthermore, the undersigned agrees that submission of this Proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this Contract be awarded to Bidder, to enter into the Contract with the City of Beverly Hills to perform the proposed Project in accordance with the Contract Documents and all Addenda in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment. apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents and Addenda, for the following stated unit prices or lump-sum price as submitted on the Bid herein ..

The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License Number _______ , Class __ , which expires on Bidder's name: _________________ _
Signature: __________________ Date: _________ _
E-Mail: ________________________ Tel: __________ _
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
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BID FORM

CITY OF BEVERLY HILLS
NOTE: Any Alteration or Addition to the Bid Form May Invalidate the Bid The undersigned, having carefully examined the site conditions and the Contract Documents for SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
HEREBY PROPOSES AND AGREES to commence the Work per the Agreement; to furnish all labor, materials, equipment, transportation, service, sales taxes, and other costs necessary to complete the Work as specified herein from the date of Notice To Proceed, in strict conformity with the Contract Documents, at prices indicated below.

1.0 TOTAL LUMP SUM BASE BID:
$
$
Bidder agrees to provide and install all base bid work as shown on the Drawings and described in the Contract Documents including licenses, permits, fees, taxes, overhead, bond and insurance for the total lump sum of:

Dollars (in words- printed)
Dollars (in figures)
NOTE: In the case of any discrepancy between words and figures, the words shall prevail.

2.0 AL TERNA TE BIDS - None

3.0 BID ALLOWANCES - None

4.0 TOT AL UNIT PRICES -
Cost per lineal foot of additional excavation. Includes removal of the structure's concrete walls to a minimum of 3 feet below the pavement subgrade, backfill, compaction, and installation of asphalt paving. $ ______________________________ _
Dollars (in words- printed)
$ ______________________________ _
Dollars (in figures)

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
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6.0 COMPENSATION FOR DELAY (PER DIEM)
Bidder shall determine and provide in the space below the amount of per diem compensation (costs to include any and all of Contractor's overhead, profit and General Conditions as directly related to th is project) for any Compensable Delay at any time during the performance of the Work:
$ _________________________________ _
Per Diem Per Day (in words) Per Diem Per Day (in figures) Per Diem compensation multiplied by Twenty (20) days=
$ _________________________________ _
Per Diem (in words) Per Diem (in figures)

The Contract Amount may or may not include any or all or the alternatives, at the sole discretion of the City.

Signature: _______________ _ Title: ______ _ Date: ___ _ City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
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INFORMATION REQUIRED OF BIDDER
Fill out all of the following information. Attach additional sheets if necessary. (1)
(2)
Bidder's name: --------------------------------
If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. (3)
(4)
Business address: ------------------------------
Telephone: ____________ _ Facsimile: ____________ _
(5) Type of firm - Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the state of:
(7) California State Contractor's License Number and Class: ________________ _ (8) Original Date Issued: ______ _ Expiration Date:
(9) List the name and title of the person(s) who inspected the site of the proposed Work for your firm:
(10) List the name and title of the person(s) who attended the mandatory pre-bid meeting for this Project, including the mandatory site visit, for your firm, if any:

Upon request of the City, the Bidder shall furnish additional information.

The Bidder certifies under penalty of perjury under the laws of the State that the information provided above is true and correct.

Upon request of the City, the Bidder shall furnish additional information.

The Bidder certifies under penalty of perjury under the laws of the State that the information provided above is true and correct.

Company
Signature: _____________ _
Title: ______________ _
Date: ______________ _
Signature: _____________ _
Title: ______________ _
Date:

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
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California
Name under which Contractor's License Address & Phone Number Type of Workffrade Subcontractor is Licensed Number(s) & (e.g., Electrical) Class(es}
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
14 DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21BB

NONCOLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code 7106]
The undersigned declares:

I am the __________ of _________ , the party making the foregoing Bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________ , at
_________________________________ ." Signature_
Signature ____________ _
Printed Name: ________ _ Printed Name: ________ _
Date: ______________ _ Date: ______________ _
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
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ACKNOWLEDGMENT OF ADDENDA
Bidder's Name: _______________ _
The Bidder shall signify receipt of all Addenda here, if any:

Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
16 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE2188 Ill. SPECIFICATIONS

1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS A. STANDARD SPECIFICATIONS
The Work described herein shall be done in accordance with the provisions of the Standard Specifications (defined in the Notice Inviting Bids) insofar as the same may apply, and in accordance with these Contract Documents.

B. TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:
(1) City - The City of Beverly Hills.
(2) City Council - The City Council of the City of Beverly Hills. (3) Project Administrator- The City Director of Project Administration, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.
(4) Inspector - An authorized representative of the City, assigned by the City to make inspections of Work performed by or material supplied by the Contractor. (5) Laboratory - A laboratory authorized by the City to test materials and Work involved in the Contract.
(6) Special Provisions - All Contract Documents.
(7) Project - See Scope of Work in the Notice Inviting Bids.

2. SCOPE AND CONTROL OF THE WORK
Section 2-3.2 ("Self Performance") of the Standard Specifications is hereby deleted and replaced with the following:
"The Contractor shall not be required to perform, with its own organization, Contract work amounting to at least fifty percent (50%) of the Contract Price."
Otherwise, the provisions below shall supplement but not replace those provisions in Section 2 of the Standard Specifications.

A. ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City's consent shall be contingent upon: 1) a letter from the Surety company agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and 2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
17 DocuSign Envelope ID: BE39AB09-396B-4 7C7-9EAD-65EACCAE21 BB B. BONDS
All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney. Bid Bond is required.

C. PRECEDENCE OF THE CONTRACT DOCUMENTS
WITH REGARD TO SECTION 2-5.2 IN THE STANDARD SPECIFICATIONS, THE GENERAL

PROVISIONS SHALL CONTROL OVER THE SPECIAL PROVISIONS, AND THE NOTICE

INVITING BIDS AND INSTRUCTIONS TO BIDDERS (IN THAT ORDER) SHALL CONTROL OVER THE BID, SUCH THAT THE ORDER OF PRECEDENCE SHALL BE AS FOLLOWS:

1. Permits issued by regulatory agencies with jurisdiction.

2. Change Orders and Supplemental Agreements; whichever occurs last.

3. Contract/ Agreement.

4. Addenda.

5. Notice Inviting Bids.

6. Instructions to Bidders.

7. Bid/ Proposal.

8. General Provisions.

9. Special Provisions.

10. Plans.

11. Standard Plans.

12. Standard Specifications.

13. Reference Specifications.

D. OMITTED
E. OMITTED
F. OMITTED

3. CHANGES IN WORK
The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications.

A. INCREASES, ALTERATION AND DECREASES OF THE WORK TO BE DONE The City reserves the right to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or the Proposal form or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Project Administrator, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done.

B. EXTRA WORK
Section 3-3.2.3 ("Markup") of the Standard Specifications is hereby deleted and replaced with the following:

The term "Net Cost of Extra Work" shall mean the actual costs necessarily incurred by Contractor and all subcontractors that actually perform the Extra Work caused by the change(s) in the Work, and consists of costs of labor, materials and equipment rental only. Overhead and profit allowed under this Article, shall be deemed to include all costs and expenses which the Contractor or any of its subcontractors may incur in the performance of a change in the Work and which are not otherwise specifically recoverable by them pursuant to this Article 7. The "Net Cost of Extra Work" shall be limited to the following to the extent so incurred:

City of Beverly Hills
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1. Labor - The costs of labor will be the actual straight-time cost for wages prevailing locally for each craft or type of worker at the time the Extra Work is done at the Project Site, plus employer payments collectively referred to as "Fringe Benefits and Payroll Taxes," 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 assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Net Cost of Extra Work 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. Wages or salaries and Fringe Benefits and Payroll Taxes of necessary supervisory and administrative personnel directly employed at the Project Site for the supervision of the Extra Work are included, but only (1) if the Extra Work requires an extension of Contract Time or requires direct supervision of approved overtime Work and (2) to the extent such personnel are solely engaged in supervising such Extra Work during periods of overtime or extension of the Contract Time.

2. Material - The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the jobsite in the quantities involved, plus sales tax, freight and delivery. The City reserves the right to approve materials and sources of supply, or to supply materials to the Contractor, if necessary, for the progress of the work. No mark-up shall be applied to any material provided by the City. Material re-stocking charges shall be limited to 5% of the amount of material.

3. Tool and Equipment Rental - No payment will be made for the use of tools which have a replacement value of $500 or less. Regardless of ownership, the rates to be used in determining equipment rental cost shall not exceed listing rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. If equipment is used intermittently, when not in use, it shall be returned to its rental source unless the Contractor elects to keep it at the work site at no expense to the City. The reported rental time for equipment already at the jobsite shall be the duration of its use on the Extra Work, commencing at the time it is first put into actual operation on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site.

4. Invoices - Vendors' invoices for material, equipment rental, and other expenditures, shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the City's Representative may establish the cost of the item involved at the lowest price which was current at the time of such submittal.

Net Cost of Extra Work shall NOT include any of the following, which are construed to be included in the Contractor's overhead and profit figures:

1. Wages or salaries and Fringe Benefits and Payroll Taxes of Contractor's and all subcontractors' employees or personnel not directly employed at the Project site for the supervision or performance of Extra Work.

2. Overhead, administrative, or general expenses of any kind including data processing, engineering, estimating and etc. costs incurred in connection with Extra Work.

3. Loss of efficiency or productivity.

4. Capital expenses, including interest on capital employed in connection with Extra Work.

5. Legal costs.

6. Federal, state, or local income and franchise taxes
C. CONTRACTOR FEE OR MARK-UP
The term "Contractor Fee" or "Mark-up" shall mean the full amount of compensation for all costs and expenses including overhead, profit, bond and insurance not included in the Net Cost of Extra Work. The Contractor Fee, or Mark-up, shall be computed as follows:

City of Beverly Hills
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1. If the Net Cost of Extra Work is less than or equal to $25,000, the Contractor Fee, or Markup, shall be computed as follows:

City of Beverly Hills
a. For Extra Work performed directly by the Contractors forces the added cost for all expenses, overhead, profit, bond and insurance shall not exceed fifteen percent (15%) of the Net Cost of the Extra Work.
b. For Extra Work performed by a First Tier subcontractor, the cost for combined expenses, overhead, profit, bond and insurance of both the Contractor and subcontractor shall not exceed twenty percent (20%) of the Net Cost of the subcontractor's Extra Work. c. For Extra Work performed by any Sub-subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of the Contractor, the subcontractor and the lowest Tier of subcontractor shall not exceed twenty-five percent (25%) of the Net Cost of the lowest Tier subcontractor's Extra Work.

2. If the Net Cost of Extra Work is greater than $25,000 and less than or equal to $100,000, the Contractor Fee or Mark-up shall be computed as follows:
a. For Extra Work performed directly by the Contractor's forces the added cost for all expenses, overhead, profit, bond and insurance shall not exceed twelve percent (12%) of the Net Cost of the Extra Work.
b. For Extra Work performed by a 1st Tier subcontractor, the cost for combined expenses, overhead, profit, bond and insurance of both the Contractor and subcontractor shall not exceed seventeen percent (17%) of the Net Cost of the subcontractor's Extra Work.
c. For Extra Work performed by any Sub-subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of the Contractor, the subcontractor and the lowest tier of subcontractor shall not exceed twenty-two percent (22%) of the Net Cost of the lowest Tier subcontractor's Extra Work.

3. If the Net Cost of Extra Work is greater than $100,000, the Contractor Fee or Mark-up shall be computed as follows:
a. For Extra Work performed directly by the Contractor's forces the added cost for all expenses, overhead, profit, bond and insurance shall not exceed ten percent ( 10%) of the Net Cost of the Extra Work.
b. For Extra Work performed by a 1st Tier subcontractor, the cost for combined expenses, overhead, profit, bond and insurance of both the Contractor and subcontractor shall not exceed fifteen percent (15%) of the Net Cost of the subcontractor's Extra Work. c. For Extra Work performed by any Sub-subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of the Contractor, the subcontractor and the lowest tier of subcontractor shall not exceed twenty percent (20%) of the Net Cost of the lowest tier subcontractor's Extra Work.

4. The Table of Contractor Fees/Mark-ups below is provided as a guide for the convenience of the Contract:

SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
20 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

NET COST OF EXTRA WORK
~ ~(i ~ "••- iY' V .... ,,.;;,J•;•;if;\"£;•,;
GC GCw/ GC, SUB, GC GCw/ GC, SUB, GC GCw/ GC, SUB,

ONLY SUB SUB SUB ONLY SUB SUB SUB ONLY SUB SUB SUB
General Contractor 15 5 5 12 5 5 10 5 5
Subcontractor 15 5 12 5 10 5
Sub-subcontractor 15 12 10
Totals 15% 20% 25% 12% 17% 22% 10% 15% 20%

4. OMITTED

5. OMITTED

6. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 6 of the Standard Specifications.

A. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK

1. Construction Schedule
In addition to the construction schedule required pursuant to Section 6-1.1 of the Standard Specifications after notification of the award of the Contract and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

2. Pre-Construction Conference
Approximately ten (10) days before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor's Project Manager, its on-site Field Superintendent, and any Subcontractors that Contractor deems appropriate. Attendance by Contractor and any Subcontractors designated is mandatory.

Unless previously submitted to the Project Administrator, the Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/ sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site Field Superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below.

City of Beverly Hills
1) Contractor's construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.

SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
21 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB 3) Procedures for transmittal, review, and distribution of Contractor's submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NP DES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and City's needs. 11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.

B. WEEKLY PROGRESS MEETINGS
As required by the Project Administrator.

C. TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6-5 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contract for any other reason or for no reason upon thirty (30) days' written notice. The rest of the procedure outlined in Section 6-5 shall apply to such situation, including the Contractor's required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.

D. DELAYS AND EXTENSIONS OF TIME

1. Changed Conditions Caused by Acts of God
The Contractor shall not be responsible for the cost of repairing or restoring damage to the Work if the damages have been determined to have been proximately caused by an Act of God and are in excess of five percent (5%) of the Contract amount, provided that the Work damaged was built in accordance with accepted and applicable building standards and the Contract Documents. Per Section 7105(b)(2) of the Public Contract Code, "Acts of God" shall include only earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves. The Contractor shall notify the City promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. This Section shall not abridge or affect, and shall be read in congruence with, Section 6-6 of the Standard Specifications.

2. Delays
No extension of time will be granted for delay caused by shortage of materials unless the Contractor furnishes to the Project Administrator documentary proof that he or she has diligently made reasonable and timely efforts to obtain such materials from all known sources. No time extension will be granted for delays which do not affect the critical path of the construction schedule provided at the Pre-Construction Conference.

Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by the Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.

3. Extensions of Time
In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
22 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB time relieve or release the sureties on the Bonds executed. In executing such Bonds, the sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work.

4. Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that 1) extends the time for completion of the Contract by the amount of delay caused by the City, 2) compensates the Contractor for the actual costs caused by the delay and 3) pays the Contractor a mark-up for any additional work as set forth in Section 3 of the Standard Specifications and Section 3 of these General Provisions.

E. TIME OF COMPLETION
The Contractor shall complete all Work under the Contract within Thirty {30) calendar days from the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process Shop Drawings and begin procuring equipment and materials.

F. COMPLETION, ACCEPTANCE AND WARRANTY
1 . Acceptance
The Project will not be considered complete and ready for City Council acceptance until all required Work is completed and all of the following items have been received by the Project Administrator:
(1) "Notice of Completion" indicating approval by City departments and divisions; (2) All written guarantees and approvals from governing agencies as specified herein; (3) All "as-builts";
(4) Duplicate copies of all operating instructions and manufacturer's operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

2. Warranty
For the purposes of the calculation of the start of the warranty period, the Work herein contracted for shall be deemed to be completed upon the date of the City's acceptance of the entire Project, which is when the City Council directs staff to file a Notice of Completion. If that direction is contingent on the completion of any items remaining on a punch list, the Work herein contracted for shall be deemed to be completed upon the date of the Project Administrator's acceptance of the final item(s) on that punch list.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
23 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE218B Contractor shall repair or replace defective materials and workmanship as required in Section 6-8.3 of the Standard Specification at Contractor's own expense. Additionally, Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.

G. LIQUIDATED DAMAGES
For the purposes of the calculation of the start of the liquidated damages, the Work herein contracted for shall be deemed to be completed when the same has been actually completed in accordance with the Plans and Specifications therefor and to the satisfaction of the Project Administrator. The Project must be certified by the Project Administrator in accordance with Section 6-8.1 of the Standard Specifications.

Liquidated damages shall be as set forth in Section 6-9 of the Standard Specifications, except that the sum of Two Hundred and Fifty dollars ($250) per calendar day is amended to Five Hundred dollars ($500) per calendar day.

Nothing in this Section shall prohibit the Project Administrator or City Council from granting to the Contractor an extension of time and waiving the liquidated damages.

7. RESPONSIBILITIES OF THE CONTRACTOR
Section 7-12 ("Advertising") of the Standard Specifications is hereby deleted and replaced with the following:

The names, addresses and specialties of Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

Otherwise, the provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications.

A. LABOR

1. Public Work
Contractor acknowledges that the Project is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all Work on the Project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.

2. Copies of Wage Rates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work on this Project, Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by these Contract Documents.

City of Beverly Hills
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3. Failure to Pay Prevailing Rates
Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by Contractor or by any Subcontractor.

4. Payroll Records
Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.

5. Apprentices
Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.

6. Debarment or Suspension
Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or 1777.7. If Contractor or any Subcontractor becomes debarred or suspended throughout the duration of the Project, Contractor shall immediately notify City.

7. Hours
Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 11/2 times the basic rate of pay. All work shall be done at night during the time period when the parking structure is closed.

8. Subcontractors
For every Subcontractor who will perform Work on the Project, Contractor shall be responsible for such Subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each Subcontractor a copy of the provisions in this Section 7.A of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

City of Beverly Hills
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9. Prevailing Wage Indemnity
To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 7.A of the General Provisions by any Person (including Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section 7.A.9 shall survive termination of the Contract.

10. Registration with the Department of Industrial Relations The Bidder's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform a public work pursuant to Labor Code Section 1725.5. This requirement applies to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015.

B. INDEMN/FICA T/ON
The following indemnity provisions shall supersede the indemnity in Section 7-3 of the Standard Specifications.

1. Contractor's Duty.

To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representative), successors, and assigns (collectively "lndemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against lndemnitees in any such Claim.

Contractor shall reimburse lndemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or lndemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an lndemnitees.

2. Civil Code Exception
Nothing in this Section 7.B shall be construed to encompass lndemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

City of Beverly Hills
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3. Nonwaiver of Rights
lndemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by lndemnitees and shall operate to fully indemnify lndemnitees against any such negligence.

4. Waiver of Right of Subrogation.

Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the lndemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by lndemnitees.

5. Survival.

The provisions of this Section 7. B shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that lndemnitees may have under the law. Payment is not required as a condition precedent to an lndemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the lndemnitee's right to recover under this indemnity provision.

C. INSURANCE
Upon award of Contract, Contractor will be obligated to file Certificates of Insurance evidencing coverage as specified in the Contract Documents and in a form acceptable to City.

1. commencement of work
The Contractor shall not commence Work under this Contract until all insurance required under this section has been obtained by the Contractor and approved by the City; nor shall the Contractor allow any Subcontractor to commence Work until all similar insurance required of the Subcontractor has been so obtained and accepted.

2. uabmtv Insurance
Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the contractor, his agents, representatives, employees or subcontractors, pursuant to contractor's bid or any subsequent contract. Insurance shall be of the type, in the amounts and subject to the provisions described below.

Commercial general liability coverage at least as broad as Insurance Services Office Commercial General Liability occurrence coverage ("occurrence" form CGO001, Ed. 11/88) with a limit of not less than $2,000,000 per occurrence. If the insurance includes a general aggregate limit, that limit shall apply separately to this contract or it shall be at least twice the required per occurrence limit.

Business automobile liability insurance at least as broad as Insurance Services office form CA 0001 (Ed. 12/90) covering Automobile Liability, code I "any auto" and endorsement CA 0029 (Ed. 12/88) with a limit not less than $1,000,000 per accident.

Workers Compensation Insurance as required by the State of California and employer's liability insurance with a limit not less than $1,000,000 per accident.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
27 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

3. Evidence of coverage
(a) Prior to commencement of work under this Contract, or within 14 days of notification of award of Contract, whichever is shorter, Contractor shall file certificates of insurance with original endorsements evidencing coverage in compliance with this contract and in a form acceptable to City. The certificate shall be on the City's standard proof of insurance form or on another form approved in writing by City's Risk Manager. Endorsement must be executed on the City's appropriate standard form titled, "Additional Insured Endorsement," copies of which are provided in the Contract Documents.
(b) Contractor shall provide to City, on request, a complete copy, including all endorsements and riders, of any insurance policy.
(c) During the term of this Contract, Contractor shall maintain current valid proof of insurance coverage, with City at all times. Proof of renewals shall be filed prior to expiration of any required coverage and shall be provided on the City's standard proof of insurance form.
(d) Failure to submit any required evidences of insurance within the required time period shall be cause for termination for default, and shall be cause for forfeiture of this bidder's bid security, if applicable. (e) In the event Contractor does not maintain current, valid evidence of insurance on file with City, City may, at its option, withhold payment of any moneys owed to Contractor, or which it subsequently owes to Contractor, until proper proof is filed.

4. Bi11D.9.

All insurance coverages shall be provided by insurers with a rating of B+ or better in the most recent edition of Best's Key Rating Guide, Property-Casualty Edition.

5. ~
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided or canceled and shall not be reduced in coverage or limits except after 30 days prior written notice provided to the City. Upon prior request of the carrier, the notice period may be reduced to 10 days in the event of non-payment of premium.

6. Addjt;onal Insureds
All liability coverages shall name the City, its City Council and every officer, agent and employee of City as additional insureds with respect to work under this bid or any subsequent contract.

7. Pciroacv coverage
Contractor's insurance and any insurance provided in compliance with these specifications shall be primary with respect to any insurance or self-insurance programs covering the City, its City Council and any officer, agent or employee of City.

8. Waiver of Bights of Subroqatjon
Where available, the insurer shall agree to waive all rights of subrogation against the City, its City Council and every officer, agent and employee of City.

9. Peductjbles and Self-Insured Retentions
Any deductibles or self-insured retentions shall be declared to be subject to the approval by City. At the option of the City, either the insurer shall reduce or eliminate the deductibles or self-insured retentions as respects the City, or the Contractor shall procure a bond guaranteeing payment of losses and expenses.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
28 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB 1 o. Repfacement coverage
In the event that Contractor does not provide continuous insurance coverage, the City shall have the right, but not the obligation, to obtain the required insurance coverage at Contractor's cost, and the City may deduct all such costs from moneys the City owes to the Contractor or from moneys which it subsequently owes to the Contractor.

11. subcontractors
Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of Contractor's insurance policies required by this Contract.

12. No um;tation on Indemnity
The insurance provisions shall not be construed to limit the Contractor's indemnity obligations contained in these Contract Documents.

In addition, the Contractor shall guarantee and warranty all Work against defective workmanship and materials furnished by the Contractor for a period of one (1) year from the date the Work was completed and accepted by the City.

D. PERMITS
Contractor will be required to obtain all necessary permits from the City, which may include obtaining a no fee encroachment permit for Work within the public right-of-way, as well as all other permits from all other agencies.

Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on this Project. Contractor shall bear all cost for fees for all agencies except for the City.

E. OMITTED

8. OMITTED

9. MEASUREMENT AND PAYMENT
The provisions below shall supplement but not replace those provisions in Section 9 of the Standard Specifications.

A. GENERAL PAYMENT
In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes.

B. PARTIAL AND FINAL PAYMENT

1. Monthly Closure Date and Invoice Date
In accordance with Section 9-3.2 of the Standard Specifications, the monthly closure date shall be the last calendar day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Project Administrator before the tenth day of the following month for verification and payment consideration.

2. Payments
City shall make payments within thirty (30) Days after receipt of Contractor's undisputed and properly submitted City of Beverly Hills 29
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21 BB payment request, including an updated construction schedule pursuant to Section 6.A.1 of the General Provisions.

City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper.

3. Retention
The City shall withhold not less than five percent (5%) of the Contract Price until final completion and acceptance of the Project.

4. Final Invoice and Payment
Final Payment, constituting the entire unpaid balance of the Contract amount, shall be made by the City to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as agreed to between the City and the Contractor; and (2) a final Certificate for Payment has been submitted by the Contractor and approved by the City; and (3) the work has been accepted by the City Council of the City of Beverly Hills; and (4) a Notice of Completion has been filed. Final payment shall be made by the City not more than forty (40) days after completion of the above, but only to the extent that no stop notices or other requirements to withhold funds are then in effect.

5. Substitute Security.

In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at Contractor's expense. If the Contractor selects either one of these alternatives, the following shall control:
a) Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City ("estimated amount of retention") to be withheld. Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, and at the Contractor's expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or Contractor otherwise becomes entitled to receive an amount more than the Contract amount at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments which could otherwise be held by the City if the Contractor had not elected to substitute same with securities.
b) Deposit of Retention Proceeds with an Escrow Agent
As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in paragraph (1) above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in paragraph (3) below and shall be entitled to interest earned on such City of Beverly Hills 30
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21 BB investments on the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to insure performance of the Contractor. c) Subcontractor Entitlement to Interest
Any Contractor who elects to receive interest on moneys withheld in retention by the City shall, at the request of any Subcontractor performing more than five percent (5%) of the Contractor's total Bid, make that option available to the Subcontractor regarding any moneys withheld in retention by the Contractor from the Subcontractor. If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor.

The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to insure performance of the Subcontractor.
d) Securities Eligible for Investment
Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. e) Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in California Public Contract Code Section 22300(f). f) Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.

C. AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor or in response to a construction claim or a Public Records Act request. Contractor will promptly furnish documents requested by the City at no cost. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract.

10. ADDITIONAL TERMS
A. REQUIRED LICENSES
The Contractor shall possess a valid Class A Contractor's license issued by California State Contractors License Board. The Contractor shall also be required to possess a City business license. In accordance with Section 7028.15 City of Beverly Hills 31
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.

B. DEBARRED OR SUSPENDED SUBCONTRACTORS
Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or 1777.7.

C. NONDISCRIMINATORY EMPLOYMENT
Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and shall comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.

D. NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at Contractor's own risk and responsibility, and as a consequence will be subject to rejection.

E. CONTRACTOR'S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 6.F.1 of the General Provisions, by written action of the Project Administrator, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence of willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.

F. OMITTED
G. OMITTED
H. OMITTED
I. OMITTED
J. WORKING DAYS AND HOURS
Contractor shall work during the hours of 8:00am to 6:00pm Monday through Friday. No Work will be allowed on Federal or City holidays.

In addition, no Work will be allowed on any special election day which may be declared. Should a special election day be declared, a time extension of one (1) working day will be granted for each such day.

Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the day, Contractor shall give twelve (12) hours notice to the Inspector so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
32 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB K. CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the provisions of the Division 3.6 (commencing with Government Code Section 810) of Title 1 of the Government Code (the "Government Claims Act") with regard to filing claims and to Article 1.5 (commencing with Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of $375,000 or less. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Article 1.5, and must then adhere to Article 1.5.

L. THIRD PARTY CLAIMS
City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Project. City shall be entitled to recover its reasonable costs incurred in providing this notice.

M. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to the Contract Documents.

N. CONTRACTOR'S REPRESENTATIONS
By signing the Contract, Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony.

0. CONFLICTS OF INTEREST
Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 6.F.1 of the General Provisions that is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to the Contract Documents.

P. APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to the Contract shall be in the Los Angeles County Superior Court.

Q. TIME
Time is of the essence in these Contract Documents.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
33 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB R. INDEPENDENT CONTRACTOR
Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and Contractor and Subcontractors are free to dispose of all portions of their time and activities which they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of City. Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. Contractor shall include this provision in all contracts with all Subcontractors.

S. CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.

T. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.

U. TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.

V. NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City's regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed on Contractor's Bid and City Hall, or at such other address as one party may notify the other.

W. SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
34 DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21 BB

CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:

City of Beverly Hills
Two executed copies of the Contract
Bid Bond
Payment Bond in amount of the Contract
Performance Bond in amount of the Contract
Workers' Compensation Certificate
Liability insurance certificate naming the City as a co-insured Automobile insurance certificate naming the City as a co-insured General aggregate insurance certificate naming the City as a co-insured Copy of City business license
Additional insured endorsement - comprehensive general liability Additional insured endorsement - automobile liability
Additional insured endorsement - excess liability
COVID General Contract with Vaccination Requirements
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 35
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB IV. CONTRACT
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 36
DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE2188

2. CONTRACT

CITY OF BEVERLY HILLS

CONTRACT FOR
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
THIS CONTRACT ("Contract") is made and entered this ___ day of _____ _, 20_ ("Effective Date"), by and between the CITY OF BEVERLY HILLS, a California municipal corporation ("City") and ____________ ("Contractor"). Contractor's license number is ______ _ In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as SINK HOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT ("Project"), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of __________ dollars ($ _____ ~ in accordance with the prices as submitted in Contractor's Proposal, attached hereto and incorporated herein by this reference.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers' Compensation Certificate of Insurance; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability).

7. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

City of Beverly Hills
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 37
DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21BB

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

ATTEST:

By: ____________ _
HUMA AHMED, City Clerk
Dated: ___________ _
APPROVED AS TO FORM:

By: ____________ _
LAURENCE S. WIENER
City Attorney
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT

CITY OF BEVERLY HILLS
By: _____________ _
LILI BOSSE, Mayor
("CONTRACTOR")
By: -------------
Printed Name: ___________ _
Title:

By: --------------
Printed Name: ___________ _
Title: ______________ _
APPROVED AS TO CONTENT:

By: _____________ _

NANCY HUNT-COFFEY
City Manager
38 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
By: _______________ _

MANDANA MOTAHARI
City Architect
By: _____________ _

SHARON L'HEUREUX DRESSEL
Risk Manager
By: _____________ _

SHANA EPSTEIN
Director of Public Works
39 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB V. BONDS
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 40
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Bond No.

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Beverly Hills ("City"), has issued an invitation for Bids for the Work described as follows:

SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
(Project name)
WHEREAS _____________________________ _
(Name and address of Bidder)
("Principal"), desires to submit a Bid to City for the Work.

WHEREAS, Bidders are required under the provisions of the California Public Contract Code to furnish a form of Bidder's security with their Bid.

NOW, THEREFORE, we, the undersigned Principal, and __________________ _ (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of __________________________ _ Dollars($ __________________ _,, being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

Dated: _____________ _
"Principal" "Surety"
By: ____________ _ By: ____________ _
Its Its
By: ____________ _ By: ____________ _
Its Its
(Seal) (Seal)
Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 42
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Bond No. ___ _

PAYMENT BOND
tLABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Beverly Hills ("City"), State of California, has awarded to _____ _ _____________________________ ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:

NOW, THEREFORE, we, the undersigned Principal, and ________________ _ (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ________ _ Dollars ($ _____________ _,, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 43
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB IN WITNESS WHEREOF, two (2) identical
counterparts of this instrument, each of which
shall for all purposes be deemed an original
hereof, have been duly executed by Principal
and Surety, on the date set forth below, the
name of each corporate party being hereto
affixed and these presents duly signed by its
undersigned representative(s) pursuant to
authority of its governing body.

Dated: _____________ _
"Principal"
"Surety"
By: _____________ _
Its
By: ____________ _
Its
(Seal)
By: _____________ _
Its
By: _____________ _
Its
(Seal)
APPROVED AS TO FORM:

By: _____________ _
Laurence S. Wiener, City Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DA TE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 44
DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21BB

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

Bond No. ___ _
WHEREAS the City of Beverly Hills ("City"), has awarded to _________ _ _____________________________ ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:

SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and ________________ _ (Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ______________ _ Dollars ($ __________________ ___,, this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

Surety hereby waives the provisions of California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated: __________ _
"Principal"
By: ____________ _
Its
By: ____________ _
Its
(Seal)
"Surety"
By: _____________ _
Its
By: ____________ _
Its
(Seal)
APPROVED AS TO FORM:

By: _____________ _
Laurence S. Wiener, City Attorney
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DA TE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 46
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB VI. INSURANCE
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 47
DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21BB

WORKERS' COMPENSATION

CERTIFICATE OF

INSURANCE
WHEREAS, the City of Beverly Hills ("City") has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued
to: City of Beverly Hills
City Hall
455 North Rexford Drive, Suite
190 Beverly Hills, California
90210

2. The insureds under such policy or policies are:

3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date
By: __________________ Its Authorized Representative
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 48
DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21BB

ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE

GENERAL LIABILITY
Name and address of named insured (''Named Insured"):

Name and address of Insurance Company ("Company'):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Beverly Hills ("City"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 49
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB City Manager
City of Beverly Hills
City Hall
455 North Rexford Drive, Suite
190 Beverly Hills, California
90210

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH

THIS ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability
□ Owners/Landlords/Tenants
□ Manufacturers/Contractors
□ Products/Completed Operations
□ Broad Form Property Damage
□ Extended Bodily Injury
□ Broad Form Comprehensive
General Liability Endorsement
o Explosion Hazard
□ Collapse Hazard
□ Underground Property Damage
□ Pollution Liability
o Liquor Liability
□---------------
□---------------
□----------------

12. A □ deductible or □ self-insured retention (check one) of$ __________ _ applies to all coverage(s) except: _______________________ if none, so state). The deductible is applicable o per claim or□ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on _________ at 12:01 a.m. and forms a part of Policy Number ________ _
!, ___________ (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed ________ , 20 __
Telephone No.: ( __ ) _______ _
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
50 DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured"):

Name and address of Insurance Company ("Company'J: ___________________ _ General description ofagreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 51
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB City Manager
City of Beverly Hills
City Hall
455 North Rexford Drive, Suite 190
Beverly Hills, California 90210

TYPE OF COVERAGES TO WHICH

THIS ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:

Any Automobiles
All Owned Automobiles
Non-owned Automobiles
Hired Automobiles
Scheduled Automobiles
Garage Coverage
Truckers Coverage
Motor Carrier Act
Bus Regulatory Reform Act
Public Livery Coverage

12. □ deductible or □ self-insured retention (check one) of $ _________ applies to all coverage{s) except: _____________ (if none, so state). The deductible is applicable G per claim or G per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______ at 12:01 a.m. and forms a part of Policy Number 1, ___________ (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed _______ _, 20 __
Telephone No.: { __ ) _______ _
City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
52 DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE2188

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured ("Named Insured"):

Name and address of Insurance Company ("Company'?: ___________________ _ General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Beverly Hills ("City"}, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 53
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB City Manager
City of Beverly Hills
City Hall
455 North Rexford Drive, Suite 190
Beverly Hills, California 90210

TYPE OF COVERAGES TO WHICH

THIS ENDORSEMENT ATTACHES
□ Following Form
□ Umbrella Liability
□------------------

11. Applicable underlying coverages:

POLICY PERIOD

FROM/TO
INSURANCE COMPANY POLICY NO.

LIMITS OF

LIABILITY
AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of$ _____________ _ applies to all coverage(s) except: ______________________ (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ____ at 12:01 a.m. and forms a part of Policy Number l, ________________________________ (print
name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

VII.

VIII.

Executed _______ _, 20 __
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( __ _,_________ or initialed signature accepted) City of Beverly Hills
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 54
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21 BB VII. APPENDIX I

1.0 SCOPE OF WORK

1.1 The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary for construction to repair a sinkhole located at 344 Foothill Road parking lot in Beverly Hills.

1.2 Alternate Bids - None

1.3 Bid Allowances - None

1.4 Total Unit Prices -
Cost per lineal foot of additional excavation. Includes removal of the structure's concrete walls to a minimum of 3 feet below the pavement subgrade, backfill, compaction, and installation of asphalt paving.

City of Beverly Hills 55
SINK HOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB vm
REPORTS:

Geotechnologies, Inc. report (File #22304) dated December 20, 2022. EFI Global's technical memorandum dated January 23, 2023, which summarizes the soil investigation performed at the sinkhole.

City of Beverly Hills
SINK HOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
56 DocuSign Envelope ID: BE39AB09-3968-47C7-9EAD-65EACCAE21 BB

CITY OF BEVERLY HILLS

ITEM NO. 1 - RESCHEDULING OF PRE-BID MEETING
Note that the mandatory pre-bid meeting is re-scheduled for Thursday. February 9 at 11:00am. The pre-bid meeting will be held at the parking lot located at 344 Foothill Road.

Street parking is available on Foothill Road and Alden Drive. Note that the entrance to this parking lot is located on Alden Drive, across the street from the Mercedes-Benz dealership.

END OF ADDENDUM
uocu~ign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB

CITY OF BEVERLY HILLS

DEPARTMENT OF PUBLIC WORKS
345 N. FOOTHILL ROAD
BEVERLY HILLS, CALIFORNIA 90210
ADDENDUM NO. 2
SINKHOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT
RFB 23-350-35
DATE OF ADDENDUM: FEBRUARY 1, 2023
The following changes are made to RFB 23-350-35, Sinkhole Repair at 344 Foothill Road Parking Lot project:

ITEM NO. 1 - CHANGE IN BID DUE DATE
Note that the bid due date has been changed. Electronic bids are now due on Planet Bids up to 2:00 p.m. on Thursday, February 23, 2023.

ITEM NO. 2 - CHANGE IN LAST DAY TO SUBMIT QUESTIONS
Any questions regarding any error, omission, ambiguity or conflict in the Drawings or Specifications, as well as any general questions, shall be submitted to the Project Administrator via PlanetBids by no later than 5:00pm on February 14, 2023. Requests for clarification received after this date or sent directly to the Project Administrator will be disregarded.

END OF ADDENDUM
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB Bid 23-350-35: SINK HOLE REPAIR AT 344 FOOTHILL ROAD PARKING LOT 02/09/2023

MANDATORY PRE-BID CONFERENCE SIGN-IN SHEET
Contractor's Name ' • \ Contractor's Address I Contractor's Email Address/ ... .,~ Representative Phone No..

Ae j~c,r,e,_JJ;~ I \f-0,S
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-
/2$0 duJ,7 //J~ - /0;;_ K 5 ~,mad/ ltt/C~~~~ ~~~ I :3/o-#3.? K'..F/6 ( Lt(fo W L li.& ~C,-0 0v\\'Ll0 ~tu~ Jt.,,~ - ,z,1/2_-C( Z-Z( Mandatory Pre-Bid Conference Sign-In Sheet
Bid 23-350-35: Sink Hole Repair at 344 Foothill Road Parking Lot I General
S>C
......

Pagel
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB aeotechno1ouies, Inc.

Consulting Geotechnical Engineers
439 Western Avenue
Glendale, California 91201-2837
818.240.9600 • Fax 818.240.9675
Subject:
{;ddJ,'!!!!!f
1971 -2021
Geotechnical Engineering Evaluation
Pavement Distress, Existing Parking Lot
344 Foothill Road
Beverly Hills, California
Ladies and Gentlemen:

INTRODUCTION
December 20, 2022
File Number 22304
City of Beverly Hills
Department of Public Works
345 Foothill Road
Beverly Hills, California 90210
Attention: Karen Domerchie
This evaluation has been prepared at the request of the City of Beverly Hills. It is the understanding of this firm that distress to the paving of the parking lot has been observed. This office has been requested to evaluate the distress and provide recommendations for the restoration of the paving.

The parking lot is owned by the City of Beverly Hills. It is leased to a private company which uses it to park new cars as well as cars owned by their staff. The parking lot is roughly level and is bounded by a dog park to the west, Alden Drive to the north, a service road to the east, and the Beverly Hills public works yard to the south.

A structure is thought to have existing on this site in the 1920's. A plan provided by the City shows the structure. That plan is included in the appendix of this report. Air photo research by this office has confirmed the presence of a structure around the 1920 's. www.geoteq.com
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB December 20, 2022
File No. 22304
Page2
Photograph taken on November 23, 2022 shows the distress as an oblong area which appears to be on the order of 10 feet in longest dimension. The area had been covered with metal plates for safety purposes.

EXPLORATION
The City provided a backhoe for exploration of the distress on November 23, 2022 and December 15, 2022. Representatives of this office was present to observe the exploration on both dates.

The backhoe excavated the area and fill earth materials were encountered. The fill was found to consist of silty sands and sandy silts which are dark to greyish brown, moist to wet, loose to medium dense, and fine to medium grained. Abundant debris consisting of asphalt, concrete, brick and metal was observed in the fill materials.

Concrete walls were encountered which would indicate that this area had been a basement or vault most likely servicing the former site structure discussed above. Water was encountered at about 6-1/2 feet below site grades. The fill was found to be 7-1/2 feet in depth and the backhoe encountered a concrete slab which impeded additional excavation. It is most likely that the encountered water is not a natural condition. The water percolated through the fill materials and pooled on top of the impermeable concrete slab.

Geotechnoloaies. Inc.
439 Western Avenue, Glendale, California 91201-2837 • Tel: 818.240.9600 • Fax: 818.240.9675 www.geoteq.com
DocuSign Envelope ID: BE39AB09-396B-47C7-9EAD-65EACCAE21BB December 20, 2022
File No. 22304

Page 3 ends

Beverly Hills City CouncilMay 21, 2024

Beverly Hills City Council
May 21, 2024