Lessee has no intenƟon of thereaŌer assigning or subleƫng.
39.3 MulƟple OpƟons.In the event that Lessee has any mulƟple OpƟons to extend or renew this Lease,a later OpƟon cannot be exercised unless the prior OpƟons have been validly exercised.
39.4 Effect of Default on OpƟons.
(a)Lessee shall have no right to exercise an OpƟon:(i)during the period commencing with the giving of any noƟce of Default and conƟnuing unƟl said Default is cured,(ii)during the period of Ɵme any Rent is unpaid (without regard to whether noƟce thereof is given Lessee),(iii)during the Ɵme Lessee is in Breach of this Lease,or (iv)in the event that Lessee has been given 3 or more noƟces of separate Default,whether or not the Defaults are cured,during the 12 month period immediately preceding the exercise of the OpƟon.
(b)The period of Ɵme within which an OpƟon may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an OpƟon because of the provisions of Paragraph 39.4(a).
(c)An OpƟon shall terminate and be of no further force or effect,notwithstanding Lessee's due and Ɵmely exercise of the OpƟon,if,aŌer such exercise and prior to the commencement of the extended term or compleƟon of the purchase,(i)Lessee fails to pay Rent for a period of 30 days aŌer such Rent becomes due (without any necessity of Lessor to give noƟce thereof),or (ii)if Lessee commits a Breach of this Lease.
40.Security Measures.Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service or other security measures,and that Lessor shall have no obligaƟon whatsoever to provide same.Lessee assumes all responsibility for the protecƟon of the Premises,Lessee,its agents and invitees and their property from the acts of third parƟes.
41.ReservaƟons.Lessor reserves the right:(i)to grant,without the consent or joinder of Lessee,such easements,rights and dedicaƟons that Lessor deems necessary;(ii)to cause the recordaƟon of parcel maps and restricƟons;and (iii)to create and/or install new uƟlity raceways,so long as such easements,rights, dedicaƟons,maps,restricƟons,and uƟlity raceways do not unreasonably interfere with the use of the Premises by Lessee.Lessee agrees to sign any documents reasonably requested by Lessor to effectuate such rights.
42.Performance Under Protest.If at any Ɵme a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof,the Party against whom the obligaƟon to pay the money is asserted shall have the right to make payment "under protest"and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to insƟtute suit for recovery of such sum.If it shall be adjudged that there was no legal obligaƟon on the part of said Party to pay such sum or any part thereof,said Party shall be enƟtled to recover such sum or so much thereof as it was not legally required to pay.A Party who does not iniƟate suit for the recovery of sums paid "under protest"within 6 months shall be deemed to have waived its right to protest such payment.
43.Authority;MulƟple ParƟes;ExecuƟon.
(a)If either Party hereto is a corporaƟon,trust,limited liability company,partnership,or similar enƟty,each individual execuƟng this Lease on behalf of such enƟty represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf.Each Party shall,within 30 days aŌer request, deliver to the other Party saƟsfactory evidence of such authority. (b)If this Lease is executed by more than one person or enƟty as "Lessee",each such person or enƟty shall be jointly and severally liable hereunder.It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease,or other document ancillary thereto and bind all of the named Lessees,and Lessor may rely on the same as if all of the named Lessees had executed such document. (c)This Lease may be executed by the ParƟes in counterparts,each of which shall be deemed an original and all of which together shall consƟtute one and the same instrument.
44.Conflict.Any conflict between the printed provisions of this Lease and the typewriƩen or handwriƩen provisions shall be controlled by the typewriƩen or handwriƩen provisions.
45.Offer.PreparaƟon of this Lease by either party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party.This Lease is not intended to be binding unƟl executed and delivered by all ParƟes hereto.
46.Amendments.This Lease may be modified only in wriƟng,signed by the ParƟes in interest at the Ɵme of the modificaƟon.As long as they do not materially change Lessee's obligaƟons hereunder,Lessee agrees to make such reasonable non-monetary modificaƟons to this Lease as may be reasonably required by a Lender in connecƟon with the obtaining of normal financing or refinancing of the Premises.
47.Waiver of Jury Trial.THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT.
48.ArbitraƟon of Disputes.An Addendum requiring the ArbitraƟon of all disputes between the ParƟes and/or Brokers arising out of this Lease is is not aƩached to this Lease.
49.Accessibility;Americans with DisabiliƟes Act.
(a)The Premises:
have not undergone an inspecƟon by a CerƟfied Access Specialist (CASp).Note:A CerƟfied Access Specialist (CASp)can inspect the subject premises and determine whether the subject premises comply with all of the applicable construcƟon-related accessibility standards under state law.Although state law does not require a CASp inspecƟon of the subject premises,the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspecƟon of the subject premises for the occupancy or potenƟal occupancy of the lessee or tenant,if requested by the lessee or tenant.The parƟes shall mutually agree on the arrangements for the Ɵme and manner of the CASp inspecƟon,the payment of the fee for the CASp inspecƟon,and the cost of making any repairs necessary to correct violaƟons of construcƟon-related accessibility standards within the premises. have undergone an inspecƟon by a CerƟfied Access Specialist (CASp)and it was determined that the Premises met all applicable construcƟon-related accessibility standards pursuant to California Civil Code §55.51 et seq.Lessee acknowledges that it received a copy of the inspecƟon report at least 48 hours prior to execuƟng this Lease and agrees to keep such report confidenƟal.
have undergone an inspecƟon by a CerƟfied Access Specialist (CASp)and it was determined that the Premises did not meet all applicable construcƟon-related accessibility standards pursuant to California Civil Code §55.51 et seq.Lessee acknowledges that it received a copy of the inspecƟon report at least 48 hours prior to
execuƟng this Lease and agrees to keep such report confidenƟal except as necessary to complete repairs and correcƟons of violaƟons of construcƟon related accessibility standards.
In the event that the Premises have been issued an inspecƟon report by a CASp the Lessor shall provide a copy of the disability access inspecƟon cerƟficate to Lessee within 7 days of the execuƟon of this Lease.
(b)Since compliance with the Americans with DisabiliƟes Act (ADA)and other state and local accessibility statutes are dependent upon Lessee's specific use of the Premises,Lessor makes no warranty or representaƟon as to whether or not the Premises comply with ADA or any similar legislaƟon.In the event that Lessee's use of the Premises requires modificaƟons or addiƟons to the Premises in order to be in compliance with ADA or other accessibility statutes,Lessee agrees to make any such necessary modificaƟons and/or addiƟons at Lessee's expense.
LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN,AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO.THE PARTIES HEREBY AGREE THAT,AT THE TIME THIS LEASE IS EXECUTED,THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES.
ATTENTION:NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY,LEGAL EFFECT,OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES.THE PARTIES ARE URGED TO:
1.SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE.
2.RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES.SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO:THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES,THE ZONING OF THE PREMISES,THE STRUCTURAL INTEGRITY,THE CONDITION OF THE ROOF AND OPERATING SYSTEMS,COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE.
WARNING:IF THE PREMISES ARE LOCATED IN A STATE OTHER THAN CALIFORNIA,CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES ARE LOCATED.
The parƟes hereto have executed this Lease at the place and on the dates specified above their respecƟve signatures.
Executed at:
On:
By LESSOR:
4th Street Industrial Park LLC
By:
Name Printed:William Persall
Title:Owner
Phone:760.333.1535
Fax:
Email:[email protected]
By:
Name Printed:
Title:
Phone:
Fax:
Email:
Address:
Federal ID No.:
Executed at:
On:
By LESSEE:
City of Beaumont
By:
Name Printed:
Title:
Phone:
Fax:
Email:
By:
Name Printed:
Title:
Phone:
Fax:
Email:
Address:
Federal ID No.:
BROKER
N/A
AƩn:N/A
Title:
Address:
Phone:
Fax:
Email:
Federal ID No.:
Broker DRE License #:
Agent DRE License #:
BROKER
N/A
AƩn:N/A
Title:
Address:
Phone:
Fax:
Email:
Federal ID No.:
Broker DRE License #:
Agent DRE License #:
AIR CRE *hƩps:// www.aircre.com *213-687-8777 *[email protected] NOTICE:No part of these works may be reproduced in any form without permission in wriƟng.
ADDENDUM TO LEASE
Date:April 5,2023
By and Between
Lessor:4th Street Industrial Park LLC
Lessee:City of Beaumont
Property Address:252 W 4th Street Unit "E"Beaumont CA 92223 (street address,city,state,zip)
Paragraph:Page 2-2.3 Compliance-does not apply to lease
2.3 -A Remove clause to cancel lease due to Capital expenditure -doesn't apply to lease
equipment (B)doesn't apply to lease
Beaumont (JPIA)
In the event of any conflict between the provisions of this Addendum and the printed provisions of the Lease,this Addendum shall control.
AIR CRE *hƩps:// www.aircre.com *213-687-8777 *[email protected] NOTICE:No part of these works may be reproduced in any form without permission in wriƟng.
Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE April 18, 2023
SUBJECT: Public Hearing to Consider an Approval of a Third Amendment to the City’s FY22/23-FY26/27 Capital Improvement Plan
Description Amendments include City-Wide Traffic Signal Upgrade (R-13) and Pennsylvania Widening (2017-009).
Background and Analysis:
On June 21, 2022, City Council, by resolution, adopted the City’s 5-year capital improvement plan (CIP) and approved the FY22/23 CIP budget. The plan identifies the City’s planned projects through a determined period of time, as well as the prospective financial sources.
On November 1, 2023, City Council approved the first amendment to the FY23 -27 CIP.
The first amendment included the following projects:
Project Number Project Name
2017-009 Pennsylvania Widening Project
2017-001 Pennsylvania Interchange Project
P-16 Shadow Creek Playground Rehab
P-17 Master Park Plan - Citywide
PS-04 Public Safety Radio System Upgrade
T-16 New Vehicle Communications
PS-02 Police Station Renovations
PS-05 Fire Truck Purchase
P-04 Sports Park Lighting and Field Expansion
R-12 2nd Street Extension
2017-012 Pennsylvania Ave/UPR Grade Separation
R-19 Downtown Street Light Replacement
R-20 City-Wide Monument Program
R-21 6th Street Medians
R-22 Public Works Corp Yard
CD-03 Downtown Revitalization/Grace Bldg/Real Estate
Acquisition
CD-04 Zoning code update and citywide design guidelines R-23 City-Wide Traffic Analysis
R-18 Mid Year Street Enhancement Program 2022
On February 21, 2023, City Council approved the second amendment to the FY23 -27 CIP. The second amendment included the following projects:
Project Number Project Name
2016-003 Potrero Interchange Phase 1 &2 Project
2019-013 Wastewater Master Plan
2019-018 PLC Upgrade Design
CD-01 Housing Code Updates
CD-05 Climate Action Plan
F-01 City Hall Landscaping and Painting
ISFB-05 Fire Station 66 HVAC
ISFB-06 Police Station HVAC
ISFB-11 VFW Roof
P-01 Stewart Park Splash Park
P-02 Rangel Park Splash Park
P-03 Nicklaus Park Splash Park
P-06 Sports Park Support Building for Leagues
P-07 Nicklaus Park Support Buildings for Leagues
P-08 Nicklaus Park Skate Park
P-11 Rangel Park Ball Field Lights, Electrical & Play
P-12 Playground Shade Covers Phase 2
P-13 Three Rings Ranch Park Improvements
P-16 Shadow Creek Park Playground Rehab
PS-01 New Police Station Feasibility Study
PS-08 PD Restroom Modular
R-03 Annual Slurry Seal 20/21
R-04 Annual Citywide Street Rehab 20/21
R-06 2021 Mid-Year Street Enhancement
R-08 Annual Citywide Street Rehab and Maintenance
21/22
R-09 Annual Citywide Street Rehab and Maintenance
21/22
R-10 Citywide Street Improvements 21/22
R-14 Annual Citywide Street Rehab and Maintenance
22/23
R-15 Annual Citywide Street Rehab and Maintenance
22/23
R-16 Citywide Street Improvements 22/23
R-18 Mid-Year Street Enhancement Program 22/23
R-24 2023 Citywide Street Rehabilitation and Maintenance
The Third Amendment to the FY19/20-FY23/24 CIP (Attachment B) consist of the following changes:
R-13 Citywide Traffic Signal Upgrade – Project amended to include additional funding allocated from the City’s Traffic Signal DIF. On March 24, 2023, the City received bids for the construction of the Citywide Traffic Signal Upgrade at First Street and Beaumont Avenue. The cost for construction exceeded the existing budget by approximately $74,400. Additionally, City staff is pursing bids to install a protective/permissive left turn lane at Cougar Avenue and Beaumont Avenue.
The estimated cost of construction is ~$50,000.
Budget Change New Budget
$150,000 $124,400 $274,400
2017-009 Pennsylvania Avenue Widening – Project amended to include additional funding allocated from the City’s Traffic Signal DIF. City staff received an estimate for design and construction of a new traffic signal at First Street and Pennsylvania Avenue. City staff recommends including the new traffic signal as part of the construction scope for Pennsylvania Avenue Widening (2017-009) to reduce cost and time (Strategic Plan Level 3, Target 2, Goal).
Budget Change New Budget
$10,542,600 $430,000 $10,972,600
Fiscal Impact:
The estimated cost to prepare this staff report is $350. A budget amendment will be presented to formally appropriate the additional funds for the projects.
Recommended Action:
Hold a Public Hearing, and
Waive the full reading and approve by title only, "Resolution of the City Council of Beaumont Amending the Five-Year Capital Improvement Plan for Fiscal Years 2022/2023-2026/2027.”
Attachments:
A. Resolution CIP Amendment 3
B. FY2022/2023-2026/20277 Capital Improvement Plan
C. Public Notice
1 RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT
AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2022/2023-2026/2027
WHEREAS, on June 21, 2022, the City Council of the City of Beaumont adopted the City’s Five Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2026/2027 (“CIP”) at a duly noticed public hearing; and
WHEREAS, on November 1, 2022, the City Council of the City of Beaumont amended (Amendment No. 1) the City’s Five Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2026/2027 (“CIP”) at a duly noticed public hearing; and
WHEREAS, on February 21, 2023, the City Council of the City of Beaumont amended (Amendment No. 2) the City’s Five Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2026/2027 (“CIP”) at a duly noticed public hearing; and
WHEREAS, these specific revisions are detailed in Exhibit “A” attached hereto; and
WHEREAS, pursuant to Government Code, section 66002, the City duly gave public notice of the public hearing of the proposed amendments and revisions to the CIP, a copy of which has been on file with the City Clerk Board at least 10 calendar days prior to the City Council’s commencement of such public hearing; and
WHEREAS, the City Council desires to revise and amend the Capital Improvement Plan as set forth herein;
NOW, THEREFORE BE IT RESOLVED BY THE BEAUMONT CITY COUNCIL AS FOLLOWS:
Section 1. The City Council hereby approves and amends the Capital Improvement Plan for Fiscal Years 2022/2023 through 2026/2027, a copy of which is attached hereto as Exhibit “A” and made a part hereof by this reference.
Section 2. The Capital Improvement Plan may be updated by the City Council from time to time pursuant to California Government Code, section 66002, or as otherwise provided by law.
Section 3. This Resolution shall take effect immediately upon its passage and adoption.
MOVED, PASSED, and ADOPTED this 18th day of April , 202 3 , by the following vote:
2 AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Julio Martinez III, Mayor
City of Beaumont
ATTEST:
By:
Nicole Wheelwright
Deputy City Clerk
3 EXHIBIT A
SUMMARY OF 2019/2020 – 2023/2024 CIP BUDGET AMENDMENT
Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL New City Hall 18,000,000$ 18,000,000$
TOTAL $ - $ - $ - $ - $ - $ 18,000,000 $ 18,000,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL 2nd Street Extension Construction R-12 1,500,000$ 1,300,000$ 2,800,000$ 1st Street Widening Penn to Beaumont Ave Design & Construction 1,600,000$ 1,600,000$ Pennsylvania Widening 2017-009 1,200,000$ 1,200,000$ Pennsylvania Avenue/Ramp Additions 2017-001 2,800,000$ 2,800,000$ TOTAL $ 5,500,000 $ 1,300,000 $ - $ - $ - $ 1,600,000 $ 8,400,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Citywide Traffic Signal Upgrade & Capacity Improvement Phase 3 R-13 274,400$ 274,400$ Citywide Traffic Signal Upgrade & Capacity Improvement Phase 4 150,000$ 150,000$ Citywide Traffic Signal Upgrade & Capacity Improvement Phase 5 150,000$ 150,000$ Pennsylvania Widening 2017-009 430,000$ 430,000$ TOTAL $ 704,400 $ 150,000 $ 150,000 $ - $ - $ - $ 1,004,400 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$
TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$
-$
TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$
-$
TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Five Year Capital Improvement Plan FY 23-27
Funding Source: TUMF
Funding Source: Basic Services DIF
Funding Source: Road & Bridge DIF
Funding Source: Traffic Signal DIF
Funding Source: Community Park DIF
Funding Source: Neighborhood Park DIF
Funding Source: Recreation Facilities DIF
Funding Source: Regional Park DIF
-$
-$
TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Building C Renovation PS-06 750,000$ 750,000$
New Police Station Design PS-07 797,372$ 797,372$ TOTAL $ 1,547,372 $ - $ - $ - $ - $ - $ 1,547,372 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$ -$ -$ -$ -$ -$ $ - Funding Source: CFD
Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL New Police Station Design PS-07 $ 1,300,000 $ 1,500,000 2,800,000$ PD Restroom Modular PS-08 150,000$ 150,000$
Shadow Creek Park Playground Rehab P-16 450,000$ 450,000$ Master Park Plan - Citywide P-17 250,000$ 250,000$ TOTAL $ 2,150,000 $ 1,500,000 $ - $ - $ - $ - $ 3,650,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Annual Citywide Street Rehabilitation and Maintenance 23/24 $ 616,800 $ 616,800 Annual Citywide Street Rehabilitation and Maintenance 24/25 $ 629,200 $ 629,200 Annual Citywide Street Rehabilitation and Maintenance 25/26 $ 641,600 $ 641,600 Annual Citywide Street Rehabilitation and Maintenance 26/27 $ 654,400 $ 654,400 2023 Citywide Street Rehabilitation and Maintenance R-24 $ 1,641,210 $ 1,641,210 TOTAL $ 1,641,210 $ 616,800 $ 629,200 $ 641,600 $ 654,400 $ - $ 4,183,210 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Annual Citywide Street Rehabilitation and Maintenance 23/24 $ 900,840 $ 900,840 Annual Citywide Street Rehabilitation and Maintenance 24/25 $ 898,837 $ 898,837 Annual Citywide Street Rehabilitation and Maintenance 25/26 $ 908,101 $ 908,101 Annual Citywide Street Rehabilitation and Maintenance 26/27 $ 916,000 $ 916,000 2023 Citywide Street Rehabilitation and Maintenance R-24 $ 1,117,898 $ 1,117,898 TOTAL $ 1,117,898 $ 900,840 $ 898,837 $ 908,101 $ 916,000 $ - $ 4,741,676 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Pennsylvania Ave/UPRR Grade Separation - Construction 40,000,000$ 40,000,000$ Funding Source: Measure A
Funding Source: Public Safety CFD
Funding Source: Fire Station DIF
Funding Source: Police Facilities Mitigation DIF
Funding Source: RMRA/SB 1
Funding Source: Grants
California Ave/UPRR Grade Separation - Construction 34,000,000$ 34,000,000$ Oak Valley/I-10 Interchange - Construction 65,000,000$ 65,000,000$ Public Safety Radio System Upgrade PS-04 112,000$ 112,000$ TOTAL $ 112,000 $ - $ - $ - $ - $ 139,000,000 $ 139,112,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Bus Prediction Platform T-11 260,000$ 260,000$
2-Electric Support Vehicles T-12 80,000$ 80,000$ Shop Truck T-13 150,000$ 150,000$
Microtransit Feasability Analysis T-14 100,000$ 100,000$ 2-EZ Rider ll Buses T-15 1,700,000$ 1,700,000$
New Vehicle Communications T-16 57,498$ 57,498$ TOTAL $ 2,347,498 $ - $ - $ - $ - $ - $ 2,347,498 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Potrero Interchange- Phase 1 & 2 2016-003 1,500,000$ 3,250,000$ 4,750,000$ TOTAL $ 1,500,000 $ 3,250,000 $ - $ - $ - $ - $ 4,750,000 Funding Source: CDBG Grants
Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL 2023 Citywide Street Rehabilitation and Maintenance R-24 $ 503,086 $ 503,086 Citywide Street Improvements 23/24 - CDBG $ 130,000 $ 130,000 Citywide Street Improvements 24/25 - CDBG $ 130,000 $ 130,000 Citywide Street Improvements 25/26- CDBG 130,000$ $ 130,000 Citywide Street Improvements 26/27- CDBG 130,000$ $ 130,000 TOTAL $ 503,086 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ - $ 1,023,086 Funding Source: General Fund
Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Police Station Renovations PS-02 175,000$ 175,000$ Pennsylvania Widening 2017-009 4,000,000$ 4,000,000$ Fire Truck Purchase PS-05 400,000$ 400,000$
Sports Park Field Lighting and Field Expansion P-04 5,019,884$ 5,019,884$ 2nd Street Extension Construction R-12 500,000$ 500,000$ Pennsylvania Ave/UPR Grade Seperation 2017-012 1,000,000$ 1,000,000$ Downtown Street Light Replacement R-19 1,000,000$ 1,000,000$ City-Wide Monument Program (Street & Parks)R-20 2,000,000$ 2,000,000$ 6th Street Medians R-21 2,000,000$ 2,000,000$
Public Works Corp Yard R-22 1,000,000$ 1,000,000$
Downtown Revitalization/Grace Bldg/Real Estate Acquisition CD-03 5,000,000$ 5,000,000$ Zoning code update and citywide design guidelines CD-04 350,000$ 350,000$ City-Wide Traffic Analysis R-23 250,000$ 250,000$ Climate Action Plan CD-05 350,000$ 350,000$
2023 Citywide Street Rehabilitation and Maintenance R-24 3,101,170$ 3,101,170$ Sundance Detention Basin Concrete Replacement 700,000$ 700,000$ Michigan Ave Storm Drain Culvert Crossing R-17 30,200$ 30,200$ Memorial Park Plaza P-14 1,750,000$ 1,750,000$
Memorial Park Plaza Cameras P-15 50,000$ 50,000$ Funding Source: Transit Grants
Funding Source: Pass Zone TIP
Public Safety Radio System Upgrade PS-04 544,005$ 344,479$ 888,484$ 3rd St to California Ave Storm Drain 650,000$ 650,000$ Pavement Management Study 250,000$ 250,000$
Mid Year Street Enhancement Program 2023 925,200$ 925,200$ Mid Year Street Enhancement Program 2024 943,800$ 943,800$ Mid Year Street Enhancement Program 2025 962,400$ 962,400$ Mid Year Street Enhancement Program 2026 981,600$ 981,600$ Storm Drain Facilities $ 1,000,000 $ 1,000,000 Storm Drain Master Plan $ 500,000 $ 500,000 Parking Garage Facility - Downtown $ 10,000,000 $ 10,000,000 TOTAL $ 28,520,259 $ 2,169,679 $ 1,643,800 $ 962,400 $ 981,600 $ 11,500,000 $ 45,777,738 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL I&I Rehabilitation Project - Phase 3 200,000$ 200,000$ 4th Street Manhole Replacement WW-06 200,000$ 200,000$ Oak Valley Lift Station Access Point WW-07 210,000$ 210,000$ Vactor Dump Station WW-08 450,000$ 450,000$
UV Bulb Replacement 50,000$ 50,000$ 50,000$ 150,000$ RO Module Replacement 300,000$ 300,000$
TOTAL $ 860,000 $ 250,000 $ 50,000 $ 350,000 $ - $ - $ 1,510,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL 16" Mesa Force Main Construction WW-09 2,000,000$ 2,000,000$ 4,000,000$ Mesa Lift Station Pump Capacity Enhancement Construction WW-10 750,000$ 750,000$ Mesa Lift Station - Construction WW-11 900,000$ 700,000$ 1,600,000$ TOTAL $ 3,650,000 $ 2,700,000 $ - $ - $ - $ - $ 6,350,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Mesa Lift Station - Construction WW-11 100,000$ 2,300,000$ 2,400,000$ TOTAL $ 100,000 $ 2,300,000 $ - $ - $ - $ - $ 2,400,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Grace Roof Remove & Replace ISFB-10 350,000$ 350,000$ VFW Re-Roof ISFB-11 175,000$ 175,000$
-$
-$
TOTAL $ 525,000 $ - $ - $ - $ - $ - $ 525,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Lift Station Spare Pump Program ISFWW-01 300,000$ 300,000$ VFD ISFWW-02 250,000$ 250,000$
-$
-$
TOTAL $ 550,000 $ - $ - $ - $ - $ - $ 550,000 Funding Source: State and Local Fiscal Recovery Funds Program Funding Source: WW Internal Service Fund-Repair and Replacement Funding Source: Wastewater DIF
Funding Source: Internal Service Fund
Funding Source: Wastewater
Streets/ Roads R
Parks P
Public Safety PS FY22/23 Total 5 Year CIP Total
Community Development CD 51,328,723$ 245,871,980$ Transit T
Wastewater WW
Facilities F
Internal Service Fund - Buildings ISFB
Internal Service Fund - Wastewater ISFWW
NOTICE IS HEREBY GIVEN that the City of Beaumont will conduct a Public Hearing for revisions to the approved Capital Improvement Project Plan for FYs 2023-2027.On April 18, 2023, at approximately 6:00 p.m. at the City of Beaumont Council meeting, to be held at the City of Beaumont Civic Center, 550 E 6th Street, Beaumont, Ca 92223, the Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments can be made using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Written comments can be emailed to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted anytime prior to the meeting as well as during the meeting until the end of the corresponding item.This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City’s official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Dated: April 4, 2023The Press-EnterprisePublished: 4/7/23
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE April 18, 2023
SUBJECT: FY2022-2023 Capital Improvement Project Budget Amendment
Description Budget adjustments to add funding to capital improvement projects: R-13 Citywide Traffic Signal Update and 2017-009 Pennsylvania Avenue Widening Project.
Background and Analysis:
In a previous item this evening, a capital improvement project (CIP) amendment was reviewed to approve additional funding in the current fiscal year CIP. To provide the spending authority for these additional funds, it is necessary to approve a budget amendment for the possible additional funding to the CIP.
This budget amendment is to add funding to two separate projects if approved by City Council in a previous item. The City’s Traffic Signal DIF is adding an additional $124,400 to Project R-13 Citywide Traffic Signal Upgrade and $430,000 to Project 2017-009 Pennsylvania Avenue Widening Project.
Fiscal Impact:
The fiscal impact to the City’s Traffic Signal DIF is a total of $554,400.
Recommended Action:
Approve the recommended budget adjustments as provided in Attachment A.
Attachments:
A. Budget Adjustment Form
DATE:4/18/2023DEPARTMENT NAME:Public WorksPREPARED BY:Tara AstranAPPROVED BY*Account Number for Example onlyRevenue = (Credit) Expense = DebitRevenue = (Credit) Expense = Debit Debit (Credit)ACCOUNT NUMBER ACCOUNT DESCRIPTIONCURRENT BUDGET ADJUSTMENT NEW BUDGET AMTExplanations / JustificationR‐13‐T500‐0000‐9950‐0000 Transfer In ‐ Project R‐13(48,258,364.00) (124,400.00) (48,382,764.00) Increase Traffic Signal DIF funding for R‐13 Citywide Traffic Signal2017‐009T1500‐0000‐9950‐0000 Transfer In ‐ Project 2017‐009(48,258,364.00) (430,000.00) (48,688,364.00) Increase Traffic Signal DIF funding for 2017‐009 Pennsylvania Ave Widening556‐0000‐9960‐0000Transfer Out ‐ Traffic Signal DIF150,000.00 554,400.00 704,400.00 Transfer funds to above projectsR‐13‐A500‐0000‐8990‐0000Capital Outlay ‐ Project R‐13 11,194,884.00 124,400.00 11,319,284.00 Increase project funding2017‐009A500‐0000‐8030‐0000Infrastructure Improvements ‐ Project 2017‐00930,364,635.00 430,000.00 30,794,635.00 Increase project funding‐ TOTALS554,400.00$ Net EffectCity of BeaumontBudget Adjustment FormFY 2022/2023C:\Users\justation\City of Beaumont\Finance Share ‐ Documents\Council Reports\FY2023\CIP Budget Amendment 04.18.23\Copy of Budget Adjustment Form PW Engineering: Budget Adjustment FormPage 218 of 350
Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE April 18, 2023
SUBJECT: Award a Public Works Agreement to Elecnor Belco Electric, Inc. in an Amount Not-to Exceed $203,888 for the Construction of the Citywide Traffic Signal Upgrade at First Street and Beaumont Avenue – Capital Improvement Project No. R-13
Description For construction of Citywide Traffic Signal Upgrade at First Street and Beaumont Avenue.
Background and Analysis:
As per Beaumont Municipal Code 3.01.060, on February 27, 2023, Citywide Traffic Signal Upgrade at First Street and Beaumont Avenue (Project) was publicly advertised soliciting construction bids for the installation of signalized protected turning movements. On March 24, 2023, three (3) bids were received and publicly opened. The following is a summary of the received bids:
1. Elecnor Belco Electric, Inc. $203,888
2. Crosstown Electric & Data, Inc. $287,863
3. DBX, Inc. $588,500
Elecnor Belco Electric, Inc. (Belco) is the apparent lowest responsive and responsible bidder. No bid challenges were received. City staff and the City Attorney have reviewed the proposed contract and bid documents and confirmed that Belco’s bid substantially conforms to the bid requirements.
City staff anticipates scheduling a preconstruction meeting with Belco within ten days of contract execution. Belco has requested a procurement duration of 8-10 weeks. A Notice to Proceed (NTP) will be issued based on the verified procurement duration.
Subsequently, Belco will have ten days to commence construction after the NTP is issued.
Fiscal Impact:
The cost to prepare this staff report is estimated to be $750. Construction cost for the Project will be paid from the Citywide Traffic Signal Upgrade Project CIP R-13. The following table is a summary of the Project budget:
R-13 Citywide Traffic Signal Upgrade
at First Street and Beaumont Avenue Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
22/23 Traffic Signal DIF $150,000
22/23 Traffic Signal DIF AMD No. 3 $74,400
Total Project Funding = $224,400
Budget Summary
Project Component Budget Encumbered Paid to
Date
Remaining
Budget
Project Management $0 $0 $0 $0
Preliminary Services $0 $0 $0 $0
Environmental $0 $0 $0 $0
Design $0 $0 $0 $0
Construction $224,400 $0 $0 $224,400
Construction
Management $0 $0 $0 $0
Permits $0 $0 $0 $0
Equipment $0 $0 $0 $0
Project Summary
Totals $224,400 $0 $0 $224,400
The public works agreement with Belco for construction will be in an amount not to exceed $203,888. Staff is recommending a construction contingency of $20,512, or approximately 10% of the public works agreement, to allow for unforeseen construction changes. The total construction amount requested at this time is therefore $224,400.
The construction budget will be established from the available CIP budget as sh own in the preceding table.
Recommended Action:
Award a public works agreement to Elecnor Belco Electric, Inc. for construction of the Citywide Traffic Signal Upgrade at First Street and Beaumont Avenue in an amount not
to exceed $203,888; and, authorize the City Manager to sign change orders up to an additional $20,512 for a total construction amount of $224,400.
Attachments:
A. Public Works Agreement (Belco)
CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT (“Agreement”) is made and effective April 4, 2023 by and between the City of Beaumont, a municipal corporation (“CITY”), and Elecnor Belco Electric, Inc. (“CONTRACTOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Citywide Traffic Signal Upgrade at First Street and Beaumont Avenue (hereinafter “Project”). CITY’s Invitation for Bids (“Invitation”) for the Project, dated February 21, 2023, and CONTRACTOR’s Bid in response to the Invitation, dated March 24, 2023, are attached hereto as Exhibits A and B, respectively and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.
By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.
CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager (if any), and the Engineer on account of delay, hindrance, interference or other events.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project.
CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations.
III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of two hundred three thousand, eight hundred eighty-eight dollars ($203,888).
IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Engineer by the CONTRACTOR and Certificates for Payment issued by the Engineer, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions, which are fully incorporated into this Agreement by this reference.
This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
VI. PREVAILING WAGES
A. Contractor shall comply with all applicable laws and regulations relating to prevailing wages. Wage rates for this Project shall be in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Riverside County. Wage rates shall conform with those posted at Beaumont City Hall and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
VII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
VIII. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the
Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer.
IX. CONTRACTOR’S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
X. INSURANCE
Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit C are copies of Certificates of Insurance and the waiver of subrogation endorsement as required by Section 6.B.1. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
A. Types of Insurance
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY:
1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability.
Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies;
Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
4. Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition,
CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
6. Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear.
CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.
The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an “all risk” basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.
B. Other provisions or requirements
1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
10.Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
This provision shall also apply to any excess/umbrella liability policies.
11.Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
12.Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
13.Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
14.CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
15.Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16.Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
17.Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
XI. CONTRACTOR’S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing.
XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
C. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
D. The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
XIII. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that John Wong whose title is Vice President is authorized to act for and bind the corporation.
XIV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
XV. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the
Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
XVI. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
Notice Inviting Bids
Scope of Work Summary
Information for Bidders
Bid Form
Non-Collusion Affidavit
Site Visit Certification
Faithful Performance Bond
Labor and Materials Payment
Bond
General and Supplemental
Conditions
Special Conditions
Project Construction Schedule
Proposed Subcontractors
Bid Bond
Information Required of Bidder
Construction Services Agreement
Certificate Regarding Worker’s
Compensation
Drug-free Workplace Certification
Plans and Specifications
Addenda
Drawings
Change Orders
Shop Drawing Transmittals
Contractor’s Certificate Regarding
Non-Asbestos Containing
Materials
All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.
XVII. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.
[Signatures on following page.]
14 SIGNATURE PAGE TO
CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
CITY:
CITY OF BEAUMONT
By:
________________________________
Julio Martinez III, Mayor
CONTRACTOR:
Elecnor Belco Electric, Inc
By: ______________________________
Print Name: _______________________
Title:
_____________________________
15 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “A”
CITY’S INVITATION FOR BIDS
(Insert behind this page.)
City of Beaumont
Request for bid
Traffic Signal- 1st St/Beaumont Ave
ii
CITY OF BEAUMONT
CALIFORNIA
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:
CITYWIDE TRAFFIC SIGNAL UPGRADE
1ST STREET AND BEAUMONT AVENUE
Prepared Under the Supervision of:
___________________________________________________________________ Jeff Hart, P.E., Public Works Director/City Engineer Date
02/24/2023
City of Beaumont
Request for bid
Traffic Signal- 1st St/Beaumont Ave
NOTICE INVITING BIDS
1 TABLE OF CONTENTS
NOTICE INVITING BIDS ................................................................................................. 1 INSTRUCTIONS TO BIDDERS ...................................................................................... 4 BID FORM .................................................................................................................... 11 BASE BID ..................................................................................................................... 12 BID SCHEDULE A .................................................................................................................. 12 BID CERTIFICATION ................................................................................................... 13 CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION ....... 14 BID BOND .................................................................................................................... 15 DESIGNATION OF SUBCONTRACTORS ................................................................... 18 INFORMATION REQUIRED OF BIDDERS .................................................................. 20 NON-COLLUSION AFFIDAVIT .................................................................................... 28 PERFORMANCE BOND ............................................................................................... 29 THIS IS A REQUIRED FORM ....................................................................................... 32 PAYMENT BOND ......................................................................................................... 34 02 GENERAL CONDITIONS ........................................................................................ 36 03 SPECIAL CONDITIONS .......................................................................................... 37 04 TECHNICAL SPECIFICATIONS .............................................................................. 38 05 CONTRACT DRAWINGS ........................................................................................ 39 06 PUBLIC WORKS AGREEMENT ............................................................................. 40 07 APPENDICES .......................................................................................................... 41 08 TRAFFIC SIGNAL PLAN…………..…………………………………………………….46
City of Beaumont
Request for bid
Traffic Signal- 1st St/Beaumont Ave
NOTICE INVITING BIDS
1 NOTICE INVITING BIDS
The City of Beaumont, Public Works Department (“City”) is soliciting bids for:
CITYWIDE TRAFFIC SIGNAL UPGRADE
1st STREET AND BEAUMONT AVENUE
BID DATES, TIMES, & LOCATIONS:
Bid Published: February 27, 2023
Bids Must Be Received By: March 24,2023 @ 11:00 A.M.
Place Of Bid Receipt: 550 E. Sixth Street (City Hall) Beaumont, CA 92223
Questions In By: March 14, 2023 @ 11:00 A.M.
Bid Opening Date: March 24, 2023 @ 11:15 A.M.
Bid Opening Location: 550 E. Sixth Street (City Hall), Room 4 Beaumont, CA 92223
Bids received after this time will be discarded. Bids shall be valid for 90 calendar days after the bid opening date. Bids must be submitted on the City’s Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:
“CITYWIDE TRAFFIC SIGNAL UPGRADE
1st STREET AND BEAUMONT AVENUE”
LOCATION OF WORK:
The work to be completed is located in the City of Beaumont at the intersection of 1st Street and Beaumont Avenue/Hwy-79.
DESCRIPTION OF WORK:
The proposed work shall be performed in accordance with the contract documents, including but not limited to the general conditions, special conditions, technical specifications, contract drawings, permits, and all other reference documents.
In general, the work includes, but not limited to modification of existing traffic at the intersection of 1st Street and Beaumont Ave and associated improvements. City will be providing two signal poles (24-4-100 RSP), two 35’ SMA for respective poles, two 15’ luminaire mast arms, two sets of anchor bolts for poles, two sign brackets per detail U and signal timing for contractor to implement. Contractor shall provide all remaining hardware to complete the job. In addition, work include excavation, footing removal of existing poles, new footings, traffic control, utility adjustments, etc.
City of Beaumont
Request for bid
Traffic Signal- 1st St/Beaumont Ave
NOTICE INVITING BIDS
2 CONTRACT LENGTH:
The work for this contract shall not exceed 45 calendar days. Contract time shall commence upon issuance of the Notice to Proceed from the City. If The Work is not completed as stated in the Contract Documents, there will be liquidated damages in a sum of $500 per calendar day as stated in General Conditions, Article 43.
AWARD OF CONTRACT:
The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from the base bid. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
The City of Beaumont hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit Bids in response to this Notice, and that minorities nor minority business enterprises will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. For further information, please see the form titled “Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)” within the Bid Documents.
CONTRACT DOCUMENTS AND SPECIFICATION:
Copies of the Contract Documents and Specification are available for inspection at no cost to the bidder at City Hall. The documents can also be downloaded from the City’s Website ( https://www.beaumontca.gov) and WWW.PUBLICPURCHASE.COM and reviewed at no cost.
BID & BIDDER:
Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.
Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.
The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.
Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:
16 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “B”
CONTRACTOR’S Bid
(Insert behind this page.)
17 CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT “C”
Insurance Certificates and Endorsements
(Insert behind this page.)
Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE April 18, 2023
SUBJECT: Fourth Amendment to the Professional Services Agreement with Kimley Horn for the Pennsylvania Avenue Widening Project (CIP 2017-009), in an Amount Not to Exceed $60,940
Description Strategic Plan Priority Level 3, Target 2, Goal 9.
Background and Analysis:
The Pennsylvania Avenue Widening Project will widen and add two additional lanes to Pennsylvania Avenue between First Street and Sixth Street, a distance of approximately 2,800 feet. The project includes widening the Union Pacific railroad crossing, adding lanes below the I-10 overpass, relocating Edison poles and other utilities, and providing new storm drain inlets, culverts, and storm drain pipelines. The project also includes providing new traffic signals at the intersection of Pennsylvania and Sixth Street.
In September 2017, the City Council approved a Professional Services Agreement with Kimley Horn for the design of the Pennsylvania Avenue Widening project. Three additional design contract amendments were approved respectively in January 2018, November 2018, and July 2022, bringing the total design contract to $536,856. The most recent amendment was made to provide contin ued services during the ongoing construction of the project, including Caltrans coordination and submittal and request for information (RFI) review.
Traffic signals at Pennsylvania Avenue and First Street are not currently included in the construction scope and staff is requesting it be added as part of the current CIP Amendment. A contract amendment with Kimley Horn is therefore recommended in order to design the addition of the traffic signals at Pennsylvania Ave nue and First Street.
The additional design scope includes the following:
Traffic Signal Plans
Revised Signing and Striping Plans
Revised Street Improvement Plans
Updated Specifications Quantities and Technical Specs Right-of-Way Acquisitions Services
Legal Description and Plat
Fiscal Impact:
The estimated cost to prepare this staff report is $350.
The following table provides an overview of the current project funding, project budget, and remaining budget. A contract summary table is also provided.
2017-009 Pennsylvania Avenue Widening Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
FY 17/18 Road & Bridge DIF $650,000.00
FY 17/18 Grant $24,600.00
FY 19/20 TUMF $3,368,000.00
FY 22/23 2022 Appropriation Bill $1,300,000.00
FY22/23 General Fund $4,000,000.00
FY22/23 Road & Bridge DIF $1,200,000.00
Total Project Funding = $10,542,600.00
Budget Summary
Project Component Budget Encumbered Paid to Date Remaining Budget
Project Management $22,538.00 ($22,537.44) ($22,537.44) $0.56 Preliminary Services $142,540.00 ($142,540.00) ($26,018.64) $0.00 Environmental $164,026.00 ($164,026.00) ($163,708.10) $0.00 Design $597,796.00 ($536,856.00) ($494,082.22) $60,940.00 Construction $9,285,268.00 ($9,285,268.00) ($464,897.38) $0.00 Construction Services $60,000.00 ($20,810.00) ($2,991.50) $39,190.00 Permits $270,432.00 ($192,102.00) ($190,697.51) $78,330.00 Equipment $0.00 $0.00 $0.00 $0.00
Project Summary Totals $10,542,600.00 ($10,364,139.44) ($1,364,932.79) $178,460.56
2017-009 Kimley Horn Contract Summary
Total Amount Amount Remaining
Current Design Contract $536,856 $42,773.78
Proposed Amendment #4 $60,940 $60,940
New Proposed Contract $597,796 $103,713.78
The recommended amendment to the professional services agreement in an amount not to exceed $60,940 will bring the total contract amount for professional engineering and design services with Kimley Horn to $597,796. Funding for the contract amendment will be paid from the available CIP budgets for Design as shown in the preceding tables.
Recommended Action:
Approve a fourth amendment to the professional services agreement with Kimley Horn for the Pennsylvania Avenue Widening Project, in an amount not to exceed $60,940.
Attachments:
A. Fourth Amendment to PSA with Kimley Horn
B. Kimley Horn Scope and Fee
FOURTH AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT
AND KIMLEY HORN FOR PROFESSIONAL ENGINEERING SERVICES FOR PENNSYLVANIA AVENUE WIDENING (CIP 2017-009)
THIS FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 18th_ day of _April_, 2023, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and KIMLEY HORN, a California corporation whose address is 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
1. RECITALS
This Fourth Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On September 19, 2017, the City and KIMLEY HORN, entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for DESIGN SERVICES FOR THE PENNSYLVANIA AVENUE WIDENING PROJECT (“Agreement”).
B. City has requested a further change in scope to the work under the Agreement regarding design of traffic signals at Pennsylvania Ave. and 1st Street and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated April 3, 2023, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by this reference.
2. AMENDMENT
Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit “A”.
Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous Amendments, compensation was set at five hundred and thirty-six thousand, eight hundred and fifty-six dollars ($536,856). Per this Fourth Amendment, compensation is increased by the maximum amount of sixty thousand, nine hundred and forty dollars ($60,940) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed five hundred and ninety-seven thousand, seven hundred and ninety-six dollars ($597,796).
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Fourth Amendment to Professional Services Agreement to be effective as of the day and year first above-written.
CITY:
CITY OF BEAUMONT
By: ________________________________
Julio Martinez III, Mayor
ATTEST
City Clerk
APPROVED AS TO FORM
John Pinkney, City Attorney
CONTRACTOR:
___KIMLEY_HORN________________
By: ______________________________
Print Name: _______________________
Title: _____________________________
EXHIBIT “A”
PROPOSAL DATED April 3, 2023
kimley-horn.com 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 714 939 1030 April 3, 2023
Dustin Christensen, P.E. – Principal Engineer
City of Beaumont - Department of Public Works
550 E. 6th Street,
Beaumont, CA 92223
RE: Pennsylvania Avenue Widening from 1st Street to 6th Street – Amendment No. 4 for Pennsylvania Ave – 1st Street Traffic Signal, ADA Improvements, and Right- of-Way
Dear Mr. Christensen:
Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this request to the City of Beaumont (City) to provide additional design services for the Pennsylvania Avenue Widening Improvements Project (Project). Our understanding, scope of services, and fee to perform these services are below.
Understanding
Kimley-Horn completed the final engineering design for the Project, which is currently under construction. This scope of work encompasses additional items of work requested by the City related to the design of a new traffic signal and ADA improvements at the intersection of Pennsylvania Avenue and 1st Street which are not included in our current scope of work.
Partial property rights are anticipated to be required from an adjacent tax parcel at the southeast corner of the intersection as a narrow in-fee acquisition area (“sliver take”).
Scope of Services
Task A34– Traffic Signal Plans
Kimley-Horn will coordinate with the City to determine the desired design approach and to obtain additional record drawings for the area as needed. Kimley-Horn will prepare a traffic signal plan at Pennsylvania Avenue and 1st Street to install a new traffic signal at the existing unsignalized intersection. The traffic signal plan will be prepared in accordance with current City of Beaumont requirements and Caltrans standards and will be prepared at 20- scale (1” = 20’) on one 24” x 36”, full-size sheet using AutoCAD 2020 version drafting software.
Deliverables: Traffic Signal Plan (1 Sheet)
Mr. Christensen
April 3, 2022
kimley-horn.com 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 714 939 1030 K:\ORA_RDWY\194018002 - Pennsylvania Ave Widening\Contract & Billings\Amendments\Amend 04 - 1st Street Traffic Signal\2023-04- 03 Penn Widening Amend 4 Rev0.docx
Task A35 – Signing and Striping Plans
Kimley-Horn will revise the signing and striping plan, sheet 22 of the Pennsylvania Avenue Roadway Widening Improvement Plans, to remove the currently proposed stop condition, install crosswalks across the south and west leg of the intersection, and incorporate the new traffic signal at Pennsylvania Avenue and 1st Street.
Deliverables: Revised Signing and Striping Plan (1 Sheet) Task A36 – Street Improvement Plans
Kimley-Horn will update current Street Improvement plans to show and callout horizontal features of proposed curb returns, limits of pavement rehabilitation, curb ramps, curb and gutter, sidewalk and cross gutter for the curb returns at the southwest and southeast corners of Pennsylvania Avenue and 1St Street. Revisions will be made to the Typical Sections, Street Plan and Profiles, Intersection Details and Utility Plans. Detailed callouts, elevations and slopes will be provided along the curb return profiles. Back of ramp and sidewalk elevations will be verified to ensure curb ramps are constructable and comply with current ADA guidelines. Detailed curb ramp elevations callouts are not anticipated since curb ramps will be designed to standard configurations.
Deliverables: Revised Street Plan and Profile and Intersection Details (2 Sheets) Task A37 – Technical Specifications and Bid Items
Kimley-Horn will issue an addendum to the Issued for Construction (IFC) technical specifications dated December 15, 2022 to encompass the proposed traffic signal, signing and striping, and roadway improvements at Pennsylvania Avenue and 1st Street. Bid items and quantities will be updated as part of this addendum for the improvements included in this scope of work. The traffic signal bid item will be Lump Sum and no cost estimate will be provided. No quantities or costs will be revised or provided for project elements that were previously approved as part of the Pennsylvania Avenue Widening Improvements Project.
Deliverables: Technical Specification and Quantities Addendum Task A38 – Right-of-Way Acquisition Services
Kimley-Horn team will manage the process to clear title, provide the waiver valuation of land rights required, and perform negotiations with the property owners to acquire the sliver take.
Kimley-Horn team will fulfill the following milestones to complete the right-of-way services required for the City to construct the Traffic Signal and ADA Improvements:
Title Examination: This encompasses obtaining a preliminary title report for the affected parcel, and performing a desk review of the title report, legal description,
Mr. Christensen
April 3, 2022
kimley-horn.com 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 714 939 1030 K:\ORA_RDWY\194018002 - Pennsylvania Ave Widening\Contract & Billings\Amendments\Amend 04 - 1st Street Traffic Signal\2023-04- 03 Penn Widening Amend 4 Rev0.docx
and plat map to verify ownership and identify any encumbrances. Kimley-Horn team will assist in clearing encumbrances prior to closing.
Appraisal Waiver Valuation: The Waiver Valuation process may be used in lieu of an appraisal summary report to calculate the value of a specific property to establish the Amount of Just Compensation. The Waiver Valuation is allowable because the value of each property right being acquired is estimated at $10,000 or less, and each valuation problem is uncomplicated. Waiver Valuations can drastically reduce appraisal expenses, and can apply to any property type, including temporary construction easements (TCEs) and slope easements. The valuation will be provided to the City to approve the Amount of Just Compensation for each acquisition area. Offer Package Preparation and Property Rights Acquisitions/Negotiations: Kimley- Horn team will prepare an offer package and negotiate with property owners for the purchase of property rights in good faith. The right of way agent will provide each property owner with a detailed explanation of the property interest being acquired, the proposed design and construction details as it affects the property, and advise regarding the acquisition process and the construction (timing, phasing, type, etc.).
Kimley-Horn team will follow-up and negotiate with property owner to settle the acquisition of rights via voluntary means. Kimley-Horn team will review all project files for quality assurance to make sure all acquisition files meet all local, state, and federal laws and regulations, as well as being compliant with federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) requirements. Once signatures from the property owner and the client on acquisition agreement(s) have been obtained, Kimley-Horn team will open escrow and oversee the escrow process to obtain signature on all necessary documentation such as grant deeds and temporary construction easement deeds to convey title and transfer funds. At the close of this process, Kimley-Horn team will transmit closed acquisition documents to the CITY.
Deliverables: Up to one (1) preliminary title report, up to one (1) waiver valuation, acquisition offer documents, final title policy
Task A39 – Legal Description and Plat
Kimley-Horn team will prepare a single legal description and plat for sliver take at the southeast corner of the Pennsylvania Avenue and 1st Street Intersection. No specific format was requested by the City and as such the legal description and plat will be formatted following Kimley-Horn team’s internal standards.
Deliverables: A copy of the Legal and Plat, signed by a PLS in .pdf format
Mr. Christensen
April 3, 2022
kimley-horn.com 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 714 939 1030 K:\ORA_RDWY\194018002 - Pennsylvania Ave Widening\Contract & Billings\Amendments\Amend 04 - 1st Street Traffic Signal\2023-04- 03 Penn Widening Amend 4 Rev0.docx
Task A40 – Transportation Project Guidance (TPG)
Kimley-Horn will update the Transportation Project Guidance (water quality report for transportation projects) to incorporate the additional project area included in this scope and to accurately reflect the latest construction documents. This includes updating calculations and exhibits for the additional project area and updating exhibits to reflect two BMP’s instead of four BMPs to be consistent with current plans. Storm drain plan revisions are excluded.
Deliverables: A copy of the Transportation Project Guidance .pdf format Assumptions & Exclusions
Kimley-Horn will provide one (1) submittal package for the plans, specifications and quantities to the City, and upon receipt of one (1) consolidated set of comments from the City, will address comments and provide a Final submittal package to the City. It is assumed that the City will coordinate service point locations with Southern California Edison (SCE).
It is assumed that the City will coordinate the fire hydrant relocation at the southwest corner of the intersection and any other utility relocations. Utility coordination is excluded.
This task does not include potholing. If potholing is requested by the City, the scope and fee will be adjusted accordingly.
The traffic control plans will not be revised and will be updated by the Contractor for the construction of the traffic signal and curb ramps at the Pennsylvania Avenue and 1st Street intersection.
Storm drain plan revisions, updates to the drainage report, and updates to the environmental reports for project footprint are excluded. The same pavement recommendations currently shown on Pennsylvania Avenue will be used for additional paving limits.
No cross gutter will be proposed or provided on the plans. Valuations will consider land values only and no damages to property improvements. Assumes no Phase I or Phase II Site Assessments are required. Assumes 1 appraisal waiver valuation will be prepared. Appraisal Waiver Valuation will be completed within 12 weeks of Notice to Proceed (NTP) and the appraiser’s receipt of all pertinent documents (e.g., preliminary title reports, appraisal maps, legal descriptions, plat maps, mitigation plans). Assumes up to one (1) tax parcel owned by 1 unique entity is impacted. Right-of-way acquisition assumes 4 virtual client meetings, monthly status report preparation, and related tasks.
Assumes 1 partial acquisition only; no full-parcel acquisitions or relocations.
Mr. Christensen
April 3, 2022
kimley-horn.com 1100 W. Town and Country Rd., Suite 700, Orange, CA 92868 714 939 1030 K:\ORA_RDWY\194018002 - Pennsylvania Ave Widening\Contract & Billings\Amendments\Amend 04 - 1st Street Traffic Signal\2023-04- 03 Penn Widening Amend 4 Rev0.docx
Assumes no condemnation proceedings.
Assumes Client will provide Right of Way document templates. Kimley-Horn can provide for an additional fee.
Additional Caltrans coordination or review of these improvements are excluded.
Fee & Schedule
We are requesting a not-to-exceed fee of $60,940 to accomplish the above stated scope of services. We will provide these services according to a mutually agreed upon schedule.
Closure
If you concur in all the foregoing and wish to direct us to proceed with the services, please forward the appropriate Amendment Agreement for our review and execution. This proposal is valid for sixty (60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Very truly yours,
Alan Huynh, P.E. (No.90459) Darren Adrian, P.E. (No. 53031) Project Engineer Project Manager
Attachments:
Not-to-Exceed Fee Estimate
City of Beaumont
Pennsylvania Avenue Widening
1st Street to 6th Street
Amendment 04 Not-to-Exceed Fee
04/03/2023
PIC Project
Manager
QA/QC
Sr. Prof Prof II Prof I Analyst II Analyst I
Support
Staff
Surveying
Towill, Inc
R/W Acq.
Epic
Hourly Billing Rate $360.00 $360.00 $305.00 $190.00 $170.00 $155.00 $135.00 $115.00 Total Hours Labor Cost Total Cost Task A34 Traffic Signal Plans 1 6 20 6 70 2 105 $ 18,090.00 $ 18,090.00 Task A35 Signing and Striping Plans 1 4 2 12 19 $ 3,320.00 $ 3,320.00 Task A36 Street Improvement Plans 1 2 10 20 33 $ 5,540.00 $ 5,540.00 Task A37 Technical Specifications and Bid Items 1 4 9 5 19 $ 3,425.00 $ 3,425.00 Task A38 Right-of-Way Coordination 5 20 4 $ 13,591 29 $ 5,660.00 $ 19,250.50 Task A39 Legal Description and Plat 1 5 4 $ 4,620 10 $ 1,670.00 $ 6,290.00 Task A40 Transportation Project Guidance 1 8 12 21 $ 3,580.00 $ 3,580.00 $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
11 6 30 60 119 10 236
Subtotals -$ 3,960$ 1,830$ 5,700$ 10,200$ 18,445$ -$ 1,150$ $ 4,620 $ 13,591 $ 41,285 $ 59,496 Expenses (as a percentage of labor fees)3.50% $ 1,445 $ 60,940
Kimley-Horn Staff
TOTAL HOURS
TOTAL COST
Subconsultants
Note: Kimley-Horn will not exceed the total maximum fee shown without authorization from the Client. Individual task amounts and hours for stated classifications are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. 1 of 1Page 302 of 350
EXHIBIT "A"
Executed Third Amendment Professional Services Agreement with Kimley-Horn and Associates, Inc.
EXHIBIT "B"
Executed Second Amendment Professional Services Agreement with Kimley-Horn and Associates, Inc.
EXHIBIT "C"
Executed First Amendment Professional Services Agreement with Kimley-Horn and Associates, Inc.
EXHIBIT "D"
Executed Original Professional Services Agreement with
Kimley-Horn and Associates, Inc.
Staff Report
TO: City Council
FROM: Nicole Wheelwright, Deputy City Clerk
DATE April 18, 2023
SUBJECT: Mayoral Appointment of Liaisons to the Beaumont Library District and the Cherry Festival Association
Description Liaisons will represent the City Council at various meetings of the Beaumont Library District and Cherry Festival Association.
Background and Analysis:
City Council has expressed the need for a liaison for the Beaumont Library District and the Cherry Festival Association.
The Beaumont Library Board of Trustees meets on the fourth Thursday of each month at 6:30 p.m.
The Cherry Festival Association meets on the first Wednesday of each month at 5:30 p.m. In May the meeting frequency is weekly.
Fiscal Impact:
Staff estimates the cost to prepare this report to be $85.
Recommended Action:
Mayoral appointment of liaisons and alternates.
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE April 18, 2023
SUBJECT: Consider Approval of the First Amendment and Restated City Manager Employment Agreement.
Description The City Council and City Manager engage in labor negotiations on an annual basis as it relates to the anniversary of the appointment date of the City Manager with the City, April 11, 2023.
Background and Analysis:
The result of those negotiations is reflected in the attached first amendment and restated City Manager Employment Agreement. Substantive changes include a termination date of July 18, 2025, base salary increase of $11,627.16 and a one -time bonus of $5,570.16
Fiscal Impact:
The fiscal impact for the remainder of FY23 will be approximately $8,657. The cost to complete this staff report was approximately $250.
Recommended Action:
Consider Approval of the First Amendment and Restated City Manager Employment Agreement.
Attachments:
A. Consider Approval of the First Amendment and Restated City Manager Employment Agreement.
B. City Manager Job Description
1 FIRST AMENDED AND RESTATED CITY MANAGER
EMPLOYMENT AGREEMENT
This FIRST AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”) is entered into and made effective the 18th day of April 2023 by and between CITY OF BEAUMONT (hereinafter referred to as the “CITY”), and ELIZABETH GIBBS, an individual (hereinafter referred to as “EMPLOYEE”). For purposes of this Agreement, CITY and EMPLOYEE may be collectively referred to as the “Parties” or individually as a “Party.”
RECITALS
Based on EMPLOYEE’s executive and administrative qualifications and ability, the City Council of CITY (“COUNCIL”) desires EMPLOYEE to serve as the City Manager for CITY; and
EMPLOYEE desires to serve and perform the responsibilities and duties as the City Manager for CITY; and
In consideration of these recitals and performance of the mutual promises, conditions and covenants contained herein, the CITY and EMPLOYEE agree as follows:
1. POSITION, DUTIES AND TERM.
1.1 Position, Duties & Term. EMPLOYEE agrees to serve as the City Manager and shall perform all City Manager functions, duties and services as established under California law and as set forth in the City of Beaumont Municipal Code (“Municipal Code”) as may be amended from time to time. This Agreement shall terminate on July 18, 2025 and is subject to the “At-Will” provision in Section 1.2 and termination provision in Section 6. Section 2.12.060 of the Municipal Code sets forth the Powers and Duties of the Beaumont City Manager (Powers & Duties).
As City Manager, EMPLOYEE shall function as the Chief Executive Officer of the CITY and shall be responsible to the CITY and its COUNCIL for the proper, lawful and ethical administration of all affairs of the CITY. In the role of the City Manager, EMPLOYEE shall also serve at the pleasure of the COUNCIL as the Director of any sub-entities/agencies of the City of Beaumont.
1.2 Employment with CITY “At-Will ”.
(a) EMPLOYEE’s employment status with CITY shall be at-will and EMPLOYEE shall serve at the pleasure of the COUNCIL. EMPLOYEE acknowledges, understands and agrees that EMPLOYEE may not avail herself of any procedures, provisions or protections set forth under CITY’s Employment Policies, as defined herein, in so far as such procedures, provisions or protections limit, restrict, modify, prohibit or regulate EMPLOYEE’s status as an “at-will” employee of CITY or the ability of the COUNCIL to terminate
2 EMPLOYEE’s employment at any time for cause or for convenience and without cause. For purposes of this Agreement, the capitalized term “Employment Policies” means and refers to any ordinance, resolution, regulation, rule, memorandum of understanding, or other written policy of CITY as the same may be amended, modified or supplemented from time-to-time, and any written employment manual of CITY which governs, regulates or otherwise relates to employment with CITY. CITY’s Employment Policies shall not apply to EMPLOYEE in so far as such Employment Policies limit, restrict, modify or regulate (or may be interpreted to limit, restrict, modify or regulate) EMPLOYEE’s status as an “at-will” employee of CITY.
(b) EMPLOYEE shall not be entitled to any pre-termination notice or hearing or other similar proceeding or appeal proceeding as a precondition to any decision or action by the CITY to terminate EMPLOYEE’s employment whether for cause or for convenience and without cause.
(c) Nothing in this Agreement shall confer upon EMPLOYEE any right to any property interest in continued employment with CITY.
1.3 Work Hours. The position of City Manager is an exempt position under state and federal wage and hour laws. EMPLOYEE’s compensation (whether salary or benefits or other allowances) is not based on hours worked and EMPLOYEE shall not be entitled to any compensation for overtime. EMPLOYEE is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager’s position. The City Manager does not have set hours of work as the City Manager is expected to dedicate herself on a full-time basis to serving as City Manager and to be available at all reasonable and relevant times.
1.4 Non-CITY Activities. In accordance with Government Code Section 1126, during the period of EMPLOYEE’S employment, EMPLOYEE shall not accept, without the express prior written approval of three or more members of the COUNCIL, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with her duties as City Manager or that may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the s atisfactory performance of EMPLOYEE’s duties as City Manager.
2. COMPENSATION BENEFITS AND REIMBURSEMENT .
2.1 Base Salary. Commencing on April 11, 2023, EMPLOYEE’s gross annual salary shall be $241,633.56 (hereinafter, the “Base Salary”) to be paid monthly or bi-weekly installments at the same time and in the same manner as other management employees of CITY. On April 18, 2023, EMPLOYEE shall receive a one-time non-PERSable performance bonus of $5,750.16.
EMPLOYEE’s salary shall be subject to customary withholding for taxes and other required deductions. In recognition of EMPLOYEE accomplishing goals and objectives identified by the COUNCIL, the COUNCIL may, in its discretion, grant EMPLOYEE merit increases in her salary, annual merit bonuses and/or benefits.
3 2.2 Performance Evaluation. As needed and on the annual anniversary of the commencement of EMPLOYEE'S employment with CITY, COUNCIL and EMPLOYEE shall define the goals and objectives that they determine are appropriate for the proper operation of the CITY. Concurrently with the annual establishment of the goals and objectives for the CITY, the COUNCIL and EMPLOYEE shall establish the performance goals for EMPLOYEE and any specific criteria that shall be used to evaluate EMPLOYEE'S performance. The COUNCIL may in its discretion amend said criteria from time to time, after consultation with EMPLOYEE. The failure of CITY to undertake performance evaluations shall not limit CITY’s ability to terminate EMPLOYEE and this Agreement pursuant to Section 6 (Termination).
2.3 Reimbursement. CITY shall reimburse EMPLOYEE for reasonable and necessary travel, subsistence and other business expenses incurred by EMPLOYEE in the performance of EMPLOYEE’S official duties. All reimbursements shall be subject to and in accordance with any limitations or restrictions set forth under the laws of the State of California or any CITY -adopted reimbursement policies.
2.4 Vehicle Allowance. In lieu of expense reimbursement for mileage, EMPLOYEE shall receive a vehicle allowance of $350.00 per month or alternatively the use of a take-home City vehicle. EMPLOYEE shall be responsible for payment of automobile and liability insurance, maintenance, repair, replacement costs, all taxes applicable to the vehicle allowance and shall be solely responsible for all expenses associated with her vehicle. EMPLOYEE shall be responsible for maintaining necessary records as may be required by Federal and/or State taxing authorities.
2.5 Cell Phone and Computer. CITY shall provide EMPLOYEE with a monthly cell phone allowance of $100 and a desktop computer for official use in connection with CITY business.
2.6 Benefits. In addition to Base Salary, CITY shall also provide EMPLOYEE with the following benefits:
(a) Cafeteria Plan. CITY shall contribute up to One-Thousand Six Hundred Seventy Five Dollars ($1,675) per month to EMPLOYEE for the cafeteria benefit plan detailed in this section.
(i) Said contribution shall be used to provide for health insurance for EMPLOYEE. EMPLOYEE shall be covered by health insurance with a CITY approved health plan unless EMPLOYEE provides proof to CITY that EMPLOYEE is covered by another acceptable health plan as determined by CITY’s Human Resource Department.
(ii) The balance of the cafeteria plan contribution may be used for any of the following or any combination thereof:
(1) Health Insurance for EMPLOYEE’s spouse and/or
dependents;
(2) Dental Insurance for EMPLOYEE’s, spouse and/or
dependents;
4 (3) Eye care plan for EMPLOYEE, spouse and/or dependents;
(4) Supplemental Insurance Options.
(iii) There is no cash-back of the remaining contributions amount, if any, to EMPLOYEE after payment of the selected premiums(s). EMPLOYEE shall be responsible for the remaining payments(s) through payroll deduction, of any premiums selected which are in excess of the monthly contribution amount.
(b) Life and Short-Term Disability Insurance. CITY agrees that during the term of employment, it will pay the annual premiums for a term life insurance policy in the amount of $50,000.00. If available, additional coverage may be purchased at EMPLOYEE’s expense and costs. EMPLOYEE shall nominate the beneficiary under such term life insurance policy. Thirty days after commencement of EMPLOYEE’s full time employment, CITY shall provide EMPLOYEE with short term disability insurance coverage consistent with policy terms provided to other non-sworn management level CITY employees.
2.7 Jury Duty. EMPLOYEE will receive Base Salary and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY.
2.8 Administrative/Personal Leave. EMPLOYEE shall be allocated a maximum of forty (40) hours of administrative/personal leave on July 1st of each CITY fiscal year. The maximum amount of administrative/personal leave that EMPLOYEE may accrue at any given time may not exceed eighty (80) hours total. Accrued but unused administrative/personal leave may not be sold back to CITY.
3. ILLNESS OR INJURY; DISABILITY AND DEATH.
3.1 Cessation of Work Due to Injury or Disability. In addition to any right of termination set forth under Sections 1.2 (Employment With CITY “At-Will”) and Section 6 (“Termination”), CITY also reserves the right to terminate EMPLOYEE’s employment along with this Agreement if EMPLOYEE ceases to work as a result of injury or disability which results in EMPLOYEE being unable to perform the essential duties of the City Manager position, with or without accommodation, for a period of six (6) consecutive months or more, as documented by a healthcare provider. The foregoing notwithstanding, CITY may terminate EMPLOYEE if the disability poses a direct threat to CITY, EMPLOYEE or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section of this Agreement.
3.2 Compensation for Work-Related Illness or Injury. In the event EMPLOYEE suffers a physical or mental illness or disability arising out of the course of employment, EMPLOYEE’s exclusive remedy or remedies against CITY for such illness, injury or disability shall be those legally required under the workers ’ compensation laws of the State of California.
5 3.3 Medical Examination. EMPLOYEE agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by CITY, in the event a decision must be made under Sections 3.1 through 3.2. CITY and EMPLOYEE shall receive a copy of all medical reports related to the examination.
3.4 Death of EMPLOYEE. This Agreement along with EMPLOYEE’s employment shall terminate automatically upon EMPLOYEE’s death.
3.5 Compensation Upon Termination. Except as otherwise provided under this Agreement, if EMPLOYEE’s employment is terminated pursuant to this Section 3 (Illness or Injury; Disability and Death), CITY shall pay EMPLOYEE all Base Salary, benefits, and compensation due and owing EMPLOYEE through the last day actually worked. If termination is caused by EMPLOYEE’s death, CITY shall provide the compensation and benefits otherwise due EMPLOYEE to EMPLOYEE’s executor, administrator, heirs, personal representatives, successors, and assigns. CITY will not provide for severance pay if EMPLOYEE is terminated under the provisions of Section 3.1 through 3.5, above.
4. HOLIDAY S, VACATION AND SICK LEAVE .
4.1 Holidays. EMPLOYEE shall receive paid holidays in accordance with CITY’s current practices as such practices may be amended or modified from time to time by CITY by action of the COUNCIL. Paid holidays will be those approved by CITY by action of the COUNCIL. Unused holiday leave time shall be accumulated and paid to EMPLOYEE in the last pay check in June of each fiscal year.
4.2 Vacation. EMPLOYEE shall accrue twenty-five (25) days of vacation per year.
EMPLOYEE was credited with ten (10) days of vacation upon commencing full time employment with CITY. EMPLOYEE may convert a maximum of eighty (80) hours of accrued vacation time to cash during each year this Agreement is in effect.
4.3 Sick Leave.
(a) Sick leave shall accrue at the rate of 3.69 hours per bi-weekly pay period.
(b) CITY and EMPLOYEE agree to an accumulation cap consistent with other non-sworn management employees’ accumulation cap.
(c) CITY agrees to a service credit of unused sick leave for PERS retirement when EMPLOYEE retires from CITY employment or a lump sum payment of the value of the unused sick leave, as requested by EMPLOYEE and permitted by law.
(d) EMPLOYEE may use accrued paid sick leave for the purposes set forth in Labor Code section 246.5(a).
6 (e) Accrued paid sick leave shall carry over to the following year, but no additional paid sick pay will accrue until EMPLOYEE’s accrued paid sick leave falls below the accumulation cap.
(f) CITY will provide EMPLOYEE with written notice of the amount of paid sick leave available. The notice will be provided on the designated pay date with EMPLOYEE’s payment of wages. Sick leave pay will be paid at EMPLOYEE’s hourly rate of pay when sick leave is taken. Sick leave pay will be paid by the payday for the next regular payroll period after the sick leave is taken.
5. RETIREMENT .
5.1 Public Employees Retirement System (PERS). CITY shall provide EMPLOYEE with retirement benefits through the California Public Employees Retirement System (CalPERS).
Such benefits are subject to applicable law and regulations, including but not limited to the Public Employees’ Retirement Law (PERL), the Public Employees’ Pension Reform Act (PEPRA) of 2013, and CalPERS rules. For the purpose of CalPERS retirement benefits, EMPLOYEE shall be a “classic member” under PEPRA. CITY shall pay the CITY’s share of CalPERS contribution and EMPLOYEE shall pay her share for participation in CalPERS.
6. TERMINATION.
6.1 Termination by CITY for Convenience and Without Cause . EMPLOYEE is appointed and serves at the pleasure of the COUNCIL as an at will employee. COUNCIL may terminate EMPLOYEE at any time for convenience and without cause. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the COUNCIL and CITY to terminate this Agreement and the employment of EMPLOYEE, with or without cause or for convenience.
At the conclusion of EMPLOYEE’S employment whether by resignation or termination either with or without cause, EMPLOYEE shall be entitled to be compensated, subject to Section 4 above, for accrued and unused vacation, sick leave and administrative leave, if any, through the effective date of termination. In the event EMPLOYEE is terminated without cause, at or during such time that EMPLOYEE is willing and able to perform her duties under this AGREEMENT, then in that event, CITY agrees to pay EMPLOYEE a severance equal to one (1) year base salary, less any and all applicable or legally required deductions, provided EMPLOYEE has executed a full and final release of any and all actual or potential claims (including Civil Code Section 1542 release) that EMPLOYEE has or could have against CITY, its officials, employees and agents, acceptable to CITY in form and content. Notwithstanding anything herein to the contrary, the maximum severance EMPLOYEE may receive under this AGREEMENT shall not exceed the limitations provided for in Government Code Section 53260-53264 or other applicable law.
6.2 Termination by EMPLOYEE . EMPLOYEE may terminate EMPLOYEE’S employment for any reason, and at any time, with or without cause, by providing CITY with written notice. In such event, CITY shall have the option, in its complete discretion, to make EMPLOYEE’s termination effective upon any date preceding any notice period provided by EMPLOYEE, provided CITY pays EMPLOYEE all compensation due and owing
7 EMPLOYEE through the last day actually worked, plus an amount equal to the Base Salary EMPLOYEE would have earned through the balance of the notice period, which shall not exceed thirty (30) days.
6.3 Termination Obligation. EMPLOYEE agrees that all property, including without limitation, all equipment, tangible property, Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by EMPLOYEE incident to EMPLOYEE’S employment are the property of CITY and shall be returned immediately to CITY upon termination of EMPLOYEE’s employment. EMPLOYEE’s obligations under this subsection shall survive the termination of EMPLOYEE’S employment and the expiration or early termination of this Agreement.
6.4 Benefits Upon Termination. All benefits to which EMPLOYEE is entitled under this Agreement shall cease upon EMPLOYEE’s termination in accordance with this Section 6 (Termination), unless expressly continued under this Agreement or unless otherwise required by law.
7. CONFLICT OF INTEREST .
7.1 EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the COUNCIL.
EMPLOYEE shall also be subject to the conflict of interest provisions of the Government Code of the State of California, CITY’s Municipal Code, and any other conflict of interest regulations applicable to EMPLOYEE’s employment with CITY. For and during the Term of this Agreement and any extension term, EMPLOYEE further agrees that except for a personal residence or residential property acquired or held for- future use as EMPLOYEE’S personal residence, EMPLOYEE will not invest in any other real estate or property improvements within the corporate limits of CITY without the prior consent of the COUNCIL.
8. GENERAL PROVISIONS .
8.1 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below or at the last known address maintained in EMPLOYEE’s personnel file. EMPLOYEE agrees to notify CITY in writing of any change in EMPLOYEE’S address during EMPLOYEE’S employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.
CITY’s Notice Address:
City of Beaumont
550 East Sixth Street
Beaumont, CA 92223
Attn: Mayor
8 EMPLOYEE’s Notice Address:
ELIZABETH GIBBS
[At EMPLOYEE’s address on file with City]
8.2 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act (Government Code Section 810 et seq. including, but not limited to, Sections 825, 995 and 995.2) CITY will indemnify, defend, and hold EMPLOYEE harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any negligent act or omission occurring within the scope of EMPLOYEE’s employment during the Term of this Agreement or any extension term. CITY shall have the discretion to compromise or settle any such claim, demand or action and pay the amount of any settlement or judgment rendered thereon.
Notwithstanding the foregoing, CITY shall have no duty to indemnify, defend, or hold EMPLOYEE harmless from any criminal proceeding, or with regard to any civil, criminal or administrative proceeding initiated by EMPLOYEE.
8.3 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the City Manager under any laws or ordinance.
8.4 Entire Agreement. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE’s employment by CITY. This Agreement supersedes all other prior and contemporaneous Agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or Agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
8.5 Amendments. This Agreement may not be amended except in a written document signed by EMPLOYEE, approved by COUNCIL and signed by the City Attorney.
8.6 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
8.7 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder.
8.8 Severability. If any court of competent jurisdiction holds any provision, section or sentence of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
9 8.9 Governing Law. This Agreement is entered into and to be performed in Riverside County, California and shall be governed by, construed and enforced in accordance with the laws of the State of California. The Parties agree that in the event of any dispute or litigation, venue shall be in Riverside County, California.
8.10 Interpretation . This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the pa rty receiving a benefit or against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing; executed by t he parties to this Agreement and by no other means. Each party waives their future right to claim, contest, or assert that this Agreement was modified, cancelled superseded or changed by any oral Agreement, course of conduct, waiver or estoppel.
8.11 Statutory Obligations; Abuse of Office or Position. Notwithstanding anything to this Agreement in the contrary, pursuant to California Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE’S office or position, all of the following shall apply: (1) if EMPLOYEE is provided with an administrative leave pay pending an investigation, EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; (2) if CITY pays for the criminal legal defense of EMPLOYEE (which would be in its sole discretion, as CITY is generally not obligated to pay for a criminal defense), EMPLOYEE shall be required to fully reimburse such amounts paid by CITY; and (3) if this Agreement is terminated, any cash settlement related to the termination of EMPLOYEE by CITY, said amount shall be fully reimbursed to CITY or shall be void if not yet paid to EMPLOYEE. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under the color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the California Penal Code.
8.12 Incorporation of Recitals. The Parties repeat and incorporate the recitals set forth above as if fully set forth herein.
8.13. State & Federal Law. The terms of this Agreement shall be applied only as consistent with State and Federal law.
8.14 Acknowledgment . EMPLOYEE acknowledges that EMPLOYEE has had the opportunity to consult legal counsel in regard to this Agreement, that EMPLOYEE has read and understands this Agreement, that EMPLOYEE is fully aware of its legal effect, and that EMPLOYEE has entered into it freely and voluntarily and based on EMPLOYEE’S own judgment and not on any representations or promises other than those contai ned in this Agreement.
10 “CITY”
CITY OF BEAUMONT
By:________________________
Julio Martinez, Mayor
“EMPLOYEE”
ELIZABETH GIBBS
By:________________________
Elizabeth Gibbs
ATTEST:
By:________________________
Elaine Morgan, City Clerk
APPROVED AS TO FORM:
By:___________________________
John O. Pinkney, City Attorney
CITY OF BEAUMONT
CITY MANAGER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under policy direction, plans, directs, manages, and oversees the activities and operations of the City of Beaumont; serves as chief executive officer of the City ensuring that public services are delivered in an efficient and effective manner; implements policy decisions made by the City Council; facilitates the development and implementation of City goals and objectives; and provides highly complex administrative support to the City Council.
REPRESENTATIVE DUTIES The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Assumes full management responsibility for all City operations; plans, directs, manages, and oversees the activities and operations of the City of Beaumont; recommends and administers goals, objectives, polices, and procedures.
2. Directs and participates, with department head cooperation, in the development and administration of the City budget; prepares long-term plans of capital improvements including financing plans; approves the forecast of funds needed for staffing, equipment, materials, and supplies; approves expenditures and implements budgetary adjustments as appropriate and necessary.
3. Establishes, within City policy, appropriate service and staffing levels; monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; a llocates resources accordingly.
4. Plans, directs, and coordinates, through department heads, the work plan for the City; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures; meet with management staff to identify and resolve issues.
5. Assess and monitor workload, administrative support systems and internal reporting relationships; identify opportunities for improvement and implement as appropriate.
6. Provide staff assistance to the City Council; prepare, submit, and present staff reports and other necessary correspondence to the City Council including reports of finances and administrative activities; keep City Council advised of financial conditions, program progress, present and future needs of the City; prepare recommendations and advise the Council on matters requiring legislative action.
7. Confer with and represent the City to all departments, residents, taxpayers, businesses, and other individuals, groups, and outside agencies having an interest or potential interest in affairs of City concern; coordinate City activities with those of other cities, counties, outside agencies and organizations in accordance with the City Council policies.
CITY OF BEAUMONT
City Manager (Continued)
8. Respond to and resolve difficult, complex and sensitive citizen inquiries and complaints; contact departments involved; provide direction and delegate authority as necessary to correct issues; interpret, analyze, defend, and explain City policies, procedures, programs, and activities; negotiate and resolve sensitive and controversial issues; handle public relations dealing with the news media.
9. Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of municipal management and public administration.
10. Performs related duties, as assigned.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Advanced principles and practices of public administration, including the organization, functions, and problems of municipal government.
Operations, services, and activities of a municipality.
Government, council, and legislative processes.
Principles and practices of municipal budget, preparation, and administration.
Current social, political, and economic trends and operating problems of municipal government.
Principles and practices of program development and administration.
Advanced principles and practices of organization, management, and supervision.
Principles and practices of strategic planning.
Methods of analyzing, evaluating, and modifying administrative procedures.
Decision making techniques.
Pertinent federal, state, and local laws, codes, and regulations.
Principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government.
Methods and techniques of research, statistical analysis, and report presentations.
Ability to:
Serve effectively as the administrative agent of the City Council.
Provide effective leadership and coordinate the activities of assigned municipal organization.
Develop and administer City-wide goals, objectives, and procedures.
Analyze and define problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Identify and respond to sensitive community, organizational, and City Council issues, concerns, and needs.
Research, analyze and evaluate new service delivery methods and techniques.
Plan, organize, direct, and coordinate the work of staff.
Select, supervise, train, and evaluate staff.
Prepare clear and concise administrative and financial reports.
Prepare and administer large and complex budgets.
Interpret and apply federal, state and local policies, laws and regulations.
Negotiate and resolve complex issues.
Make effective public presentations.
Delegate authority and responsibility.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
CITY OF BEAUMONT
City Manager (Continued)
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
A Bachelor’s degree from an accredited college or university with major course work in public administration, business administration, planning, or a related field. A Master’s degree in a related field is desirable.
Experience:
Ten years of progressively responsible administrative or staff experience in municipal government with at least four years of experience in a high level administrative or executive capacity involving responsibility for planning, organizing, directing, and financing a varied work program.
PHYSICAL, MENTAL, AND ENVIRONMENTAL REQUIREMENTS: The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions:
Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist, which with or without accommodation might affect the ability of the employee to perform essential job functions. The position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily office activities.
Additionally, the position requires grasping, repetitive hand movement, and fine coordination in retrieving and entering data using a computer keyboard. Near and far vision is required in order to read work related documents and use the computer. Acute hearing is required when providing phone and personal service. The position requires lifting, carrying, pushing, and/or pulling objects weighing up to 25 pounds. Incumbent must be willing to work shift work, including nights, weekends, and holidays.
This classification is not intended to be all-inclusive. An employee may be required to perform other reasonable duties as assigned by management. The City reserves the right, with the concurrence of the department head, to revise or change classification duties and responsibilities as the need arises and as consistent with the meet and confer process.
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
BILLING DEPARTMENT
[email protected]
REPLY TO:
Palm Springs, California
April 4, 2023
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 3/31/2023
TOTAL DUE: $118,448.10
Sincerely,
SBEMP,LLP
By: Accounting Department
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Cazares&Rosa
Professional services through: 3/31/2023: Invoice # 78532 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $11,283.00
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Deryke
Professional services through: 3/31/2023: Invoice # 78531 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,078.00
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Iloputaife
Professional services through: 3/31/2023: Invoice # 78534 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $17,978.10
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Ochoa
Professional services through: 3/31/2023: Invoice # 78535 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $6,728.50
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Reeves&Leggit
Professional services through: 3/31/2023: Invoice # 78536 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $577.50
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Sandoval
Professional services through: 3/31/2023: Invoice # 78537 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $55.00
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Thomas Family
Professional services through: 3/31/2023: Invoice # 78538 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $8,442.50
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Urban Logic
Professional services through: 3/28/2023: Invoice # 78545 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,612.50
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Wright
Professional services through: 3/31/2023: Invoice # 78540 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $29,452.50
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont-Gen Lit
Professional services through: 3/31/2023: Invoice # 78541 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $6,545.00
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont-OverRetainer
Professional services through: 3/31/2023: Invoice # 78543 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $20,195.50
SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA
T (760) 322-2275
Indian Wells, CA
T (760) 322- 9240
Orange County, CA
T (714) 435-9591
San Diego, CA
T (619) 501-4540
New Jersey
T (609) 955-3393
New York
T (212) 829-4399
www.sbemp.com
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
April 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont-Retainer
Professional services through: 3/31/2023: Invoice # 78544 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,500.00