SECOND AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND EXP U.S. SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2, STAGE 1 PROJECT (CIP2019-019)
THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 15th day of August, 2023, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and EXP U.S. Services, Inc. whose address is 451 E.
Vanderbilt Way, Suite 375, San Bernardino, CA 92408 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
1. RECITALS
This Second Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On December 15, 2020, the City and EXP U.S. Services, Inc., entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for Professional Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) (“Agreement”).
B. CONTRACTOR has requested that the fee should be increased as provided in the Proposal received May 17, 2023, a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference.
2. AMENDMENT
Section 1 of the Agreement is hereby amended to extend the period of time during which the Services are to be provided hereunder, but not to exceed February 16, 2025.
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 an amount not to exceed Five Hundred Four Thousand Sixty-One Dollars ($504,061). Per this Second Amendment, compensation is increased by the maximum amount of twenty thousand and three dollars ($20,003.96) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed five hundred and twenty-four thousand and sixty-four dollars ($524,064.96).
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 Second 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:
EXP U.S. SERVICES, INC.
By: ______________________________
Print Name: _______________________
Title: _____________________________
EXHIBIT “A”
PROPOSALS
NAME OF SUBCONSULTANT: DEA TITLE OF PROJECT BEAUMONT LINE 2 STAGE 1 Name of Firm: EXP U.S. SERVICES
1. DIRECT LABOR
Robert D. Vasquez, PLS 10 $86.00 $860
Felicia Mantz 9 $39.22 $353
Kent Groh, PLS 10 $76.92 $769
Doug Fulde, PLS 84 $55.50 $4,662
Steven Steinhoff, LSIT 20 $54.50 $1,090
Jeremy Schiff, LSIT 0 $44.00 $0
Robert Muro 0 $59.51 $0
Chris Dominquez 52 $59.51 $3,095
Fulton Torreyson 0 $54.86 $0
Mike Balderston 52 $54.28 $2,823
0 $0
TOTAL 237 $13,651
237.00
2. INDIRECT COSTS (overhead, G&A - specify)
Fringe
Overhead
G&A
TOTAL INDIRECT
3. TOTAL DIRECT COST AND INDIRECT COSTS (sum of lines 1-2)
4. FIXED FEE OR PROFIT
(specify, applies to line 3 only)
TOTAL FEE
5. OTHER DIRECT COSTS (specify)
ODC's
TOTAL OTHER DIRECT
6. TOTAL PROPOSED PRICE (sum of lines 3, 4 and 5)
DATE SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE OF CONSULTANT $13,651 $16,364
$3,788
$3,788
TOTAL COST
$24,224
FEE (S)
COST
119.87%
Cost & Price Form
Year 2023-24
HOURS COST
X BASE =
10.00%$37,875
$37,875
RATE
$7,860
INDIRECT RATE (%)
57.58%
$41,962.96
$37,875 $0
$13,651
$13,651
TOTAL DIRECT LABOR (Hours)
$13,651
$300.00
$0
TOTAL DIRECT LABOR (COST)
0.00%
$300
PERCENT X BASE =
1 of 1Page 297 of 379
Mike Mays 48 $57.69 $2,769
Bernadette Salto 206 $35.10 $7,231
Abigail Lopez 16 $53.37 $854
0 0 $0.00 $0
0 0 $0.00 $0
0 0 $0.00 $0
TOTAL 270 $10,854
270
2. INDIRECT COSTS (overhead, G&A - specify)
Fringe
Overhead
G&A
TOTAL INDIRECT
3. TOTAL DIRECT COST AND INDIRECT COSTS (sum of lines 1-2)
4. FIXED FEE OR PROFIT
(specify, applies to line 3 only)
TOTAL FEE
5. OTHER DIRECT COSTS (specify)
ODC's
TOTAL PRICE
DATE SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE OF CONSULTANT $15,250
$46,880
$2,875
$17,901
FEE (S)X BASE =
10.00%$28,755
$28,755
$2,875
PERCENT
Cost & Price Form
Year 2020-2021
HOURS COST
$10,854
RAW
RATE
TOTAL DIRECT LABOR (COST)
Name of Firm: EPIC
Project: Beaumont MDP Line 2 - Stage 1
Notes and Assumptions: Escalation rates are
not applied.
TOTAL DIRECT LABOR (Hours)
$10,854 $4,733
$10,854
COSTX BASE =
73.07%
43.61%
$5,237
INDIRECT RATE (%)
$10,85448.25%
$7,931
1 of 1Page 298 of 379
Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services
2021 Rancho Drive, Suite 1, Redlands, California 92373
Telephone: (909) 796-0544 ♦ Facsimile: (909) 796-7675 ♦ www.converseconsultants.com July 22, 2021
Revised May 11, 2023
Ms. Portia Gonzalez, PE, QSD/QSP
Vice President, Area Manager, Orange County
EXP
451 Vanderbilt Way, Suite 375
San Bernardino, CA 92408
Subject: REVISED PROPOSAL TO PREPARE A GEOTECHNICAL
INVESTIGATION REPORT
Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project Approximately 5,000 Linear Feet of 69-inch Diameter Reinforced Concrete Pipe (RCP)
City of Beaumont, Riverside County, California
Converse Project No. 21-81-222-00 (01)
Dear Ms. Gonzalez:
Converse Consultants (Converse) appreciates the opportunity to be on your team to prepare a geotechnical investigation and water infiltration test report to assist with the design and construction of the above-referenced project. Our proposal is based on the following.
Review of the Request for Proposal (RFP) for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 issued by the City of Beaumont (City), Department of Public Works, dated May 4, 2020.
Conducted a site visit on May 12, 2020.
Reviewed City’s response to consultant’s questions.
Information provided in your emails dated July 21, 2021 and May 11, 2023.
Our proposal dated July 22, 2021 has been updated to incorporate 2023 fee schedule for Converse and our outside vendors.
PROJECT DESCRIPTION
The Beaumont MDP Line 2, Stage 1 project will consist of approximately 5,000 linear feet of 69-inch and larger diameter reinforced pipe (RCP). The general limits of Stage 1 are as follows.
Along 6th Street from Chestnut to Pennsylvania.
Along Pennsylvania Avenue from 6th Street to 1st Street. Along 1st Street from Pennsylvania Avenue to an existing earthen channel (roughly 800 feet east of Pennsylvania).
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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The following are initial constraints identified for this project. The alignment will cross Caltrans facility.
The alignment will cross Union Pacific Railroad (UPRR) tracks. The City is developing a widening project for Pennsylvania Avenue. The City is planning a future grade separation for the Pennsylvania Avenue and UPRR crossing.
The City is developing a street improvement project to extend 2nd Street approximately 1,700-feet west to intersect with Pennsylvania Avenue. Due to the future grade separation, the RCP may be up to 25-feet deep in certain areas.
There are numerous existing utilities that may conflict with the proposed alignment. There are numerous culvert crossings along the I-10 that will need to be accommodated in the design, as part of the construction or a future project.
SITE DESCRIPTION
The surface condition along the storm drain alignments is presented below along with the photos.
6th Street; Chestnut Street to Pennsylvania Avenue
Approximately 1,280 linear feet in length.
Paved road with 2 lanes in each direction. Approximately 62 feet wide. Few overhead utilities and overhanging streetlamps. No trees or other overhead obstructions.
Bike lanes on edge of roadway in each direction. Sidewalks on both sides of street.
Business (non-residential) district. Drilling in the street may require the closure of one lane.
Medium to heavy traffic was observed midday.
Pennsylvania Avenue; 6th Street to 1st Street
Approximately 2,800 linear feet in length.
Paved road with one lane in each direction. Approximately 45 feet wide. Few overhead utilities, trees, and overhanging streetlamps. Businesses and vacant land on the east side of road. Vacant land on west side of road.
Approximately 150-foot-wide freeway overpass located approximately 700 feet south of intersection of 6th Street and Pennsylvania Avenue. The approximately 60-foot-wide train crossing zone is located approximately 170 feet south of the freeway overpass.
Wide shoulder along the majority of street potentially suitable for drilling. Drilling in the street will require the closure of one lane.
Medium traffic was observed midday.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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1st Street; Pennsylvania Avenue to 800 Feet East of Intersection Approximately 800 linear feet in length.
Paved road with 2 lanes in each direction and raised center median. Approximately 60 feet wide.
No overhead utilities. Sparse trees and overhanging streetlamps. Wide shoulder along some portions of street potentially suitable for drilling. Drilling in the street will require the closure of one lane.
Medium to heavy traffic was observed midday.
Photo No. 1: This photo shows the conditions of 6th St. between Chestnut Ave. & Pennsylvania Ave. facing northeast.
Photo No. 2: This photo shows the conditions on Pennsylvania Ave. from 6th St. facing southwest.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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Photo No. 3: This photo shows the freeway overpass facing south.
Photo No. 4: This photo shows the train crossing zone facing south.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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Photo No. 5: This photo shows the conditions of Pennsylvania Ave. from 1st Street facing north.
Photo No. 6: This photo shows the conditions of 1st St. from the earthen channel facing west.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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Photo No. 7: This photo shows the conditions of the earthen channel facing southeast.
Geology
The alignment is mostly underlain by older surficial sediments consisting of alluvial sand and gravel of plutonic and gneissic detritus from the nearby San Bernardino mountains.
The entire alignment has segments located on or within a half mile of 2 other alluvial units, both contain sand and gravel, clay from flood plains and stream channels may be present.
Groundwater
Groundwater data was reviewed for several locations near the proposed alignment. The shallowest reported groundwater is approximately 100 feet bgs at a location near the I- 10 and Hwy 79 connection approximately 4,200 feet west of the alignment. Shallower perched groundwater may be encountered locally, particularly at bedrock contacts.
PROJECT APPROACH / SCOPE OF WORK
Our scope of work will include the following tasks.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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Task 1: Project Set-up
As part of the project set-up, our staff will conduct the following. Conduct a site reconnaissance and stake/mark the boring locations along the pipe alignment so drill rig access to all the locations is available. Obtain a no-fee encroachment permit from the City of Beaumont. We understand the City will obtain permit to drill within Caltrans and UPRR right- of-way. Converse will assist in filling out the paperwork. Notify Underground Service Alert (USA) at least 48 hours prior to drilling to clear the boring locations of any conflict with existing underground utilities.
Task 2: Subsurface Exploration
In general, traffic control during our field investigation will be conducted along the proposed alignment using signs, cones, and an arrow board in accordance with the WATCH manual.
Our surface investigation will include drilling exploratory borings. The purpose of the borings will be to:
Obtain subsurface information along the pipe alignment. Collect undisturbed and bulk samples of the various soil types for laboratory testing.
As indicated in the RFP, we plan to drill a total of 6 borings. Based on the existing profile, depth to pipe invert will range from 25.0 to35.0 feet below existing ground surface. We plan drill the borings between 25.0 and 50.0 feet below existing ground surface or to refusal, whichever is shallower.
The borings will be drilled with a truck mounted rig (CME 75 or equivalent) equipped with 8-inch diameter hollow stem augers for soils sampling. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System.
Undisturbed ring samples of the subsurface materials will be obtained at 5-foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4-inch inside diameter and 3.0-inch outside diameter) lined with thin-walled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 140-pound hammer falling 30 inches. The number of successive drops of the driving weight (“blows”) required for each 6 inches of penetration will be shown on the boring log. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height) and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags from various depths and within a 5-foot zone of the pipe elevation. Groundwater levels, where encountered in the borings, will be recorded.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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The borings will be backfilled with soil/cement cuttings and compacted by pushing down with augers using the drill rig weight. The upper 1-foot will be filled with quick cement and the surface sprayed with black dye. If construction is delayed, the surface may settle over time. We recommend the owner monitor the boring site and backfill any settlement or depression that might occur, or provide fencing around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any potential settlement.
Task 3: Laboratory Testing
Soil samples obtained during exploratory drilling will be tested in our laboratory to evaluate their physical characteristics and engineering properties. Laboratory testing may include, but will not necessarily be limited to, the following. In-place moisture and density.
R-value
Expansion Index
Soils Corrosivity.
Atterberg Limits
Sieve analysis.
Laboratory maximum density.
Direct shear.
Task 4: Engineering Analyses and Geotechnical Report
Data obtained from the exploratory borings and laboratory testing program will be evaluated to prepare a report which will include the following. Project description.
Present condition of the street along the storm drain alignment. Logs of the exploratory borings.
Depth of groundwater and bedrock, if encountered.
Existing pavement structural section at the boring locations. Discussion on the laboratory test results including soils corrosivity. Local Geology and faulting.
Seismic parameters based on 2022 California Building Code. Liquefaction potential along the SD alignment based on available information. Allowable soils bearing pressures.
Allowable at-rest, active, passive and seismic lateral earth pressures. Settlement estimates.
Soils parameters for bore and jack design.
RCP pipe bedding recommendation in accordance with RCFCD/City of Beaumont. Excavatibility of the soils along the storm drain alignment and at the jacking and receiving pits.
Jacking and receiving pits backfilling recommendations. Stability of temporary trench excavation.
Shoring design and construction recommendations.
Suitability of excavated materials for use as bedding and backfill.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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Pipe subgrade preparation recommendation.
Trench backfill recommendation.
Basin slope stability evaluation and construction recommendations. Asphalt concrete pavement section based on traffic indices provided by the City of Beaumont.
Street subgrade preparation recommendations.
Aggregate base and asphalt concrete placement recommendations.
SCHEDULE / DELIVERABLES
We will initiate our scope of work as soon as notice to proceed is received. The field exploration will be conducted within approximately one week after receipt of all required permits, although subject to driller availability, weather, and other factors beyond Converse’s control. 1-1/2 days will be required to complete the geotechnical investigation
One electronic PDF of the draft copy will be issued within 8 weeks after completion of the fieldwork. After review comments are received, one electronic PDF copy of the final report will be issued within 2 weeks. The report will be signed by a registered engineering geologist and a geotechnical engineer. If requested, we will issue a hard copy of the report.
FEE ESTIMATE
Our consulting services will be provided in accordance with the Schedule of Fees and General Conditions, copies of which are attached and form a part of this proposal.
Task No. and Description Cost
Task 1: Project Set-up $2,050.00
Task 2: Subsurface Exploration $3,055.00
Task 4: Laboratory Testing $6,720.00
Task 5: Engineering Analyses and Geotechnical Report $9,400.00 Permit Fees from the Caltrans $1,500.00
Drill Rig Rental (Prevailing Wage- Quote No. 8721) $7,682.00 Traffic Control (1-1/2 days @ $2,200/day) $3,300.00
Total Cost $33,707.00
Our cost is based on the following assumptions.
All fieldwork will be done in one mobilization during normal weekday working hours. 1-1/2 days will be required to complete drilling.
Access to the storm drain alignment will be available during normal weekday working hours at no additional cost to us.
Permits from all agencies will be provided to us by the City at NO additional cost to Converse.
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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No traffic control plan will be required for the geotechnical investigation. Traffic Control (if required) will be in accordance with the WATCH MANUAL. We understand that only the driller’s work will be subject to prevailing wage as defined in Labor Code Sections 1770-1780.
The cost estimate and scope of services do not include environmental study of soil and groundwater and any inspection and/or testing services during construction. We will submit our invoices on a monthly basis in accordance with the attached Schedule of Fees and General Conditions.
CLOSURE
During the course of this work, we will carry insurance as required by the contract. Our findings and recommendations will be prepared in accordance with generally accepted professional engineering and engineering geological principles and practice in this area of Southern California. Unless we hear differently, we will assume that these conditions are acceptable to you.
This proposal will expire 60 days from its issuance, if not accepted at that time. Our billing rates are reviewed at the beginning of each year and are subject to adjustment.
Please sign 2 copies of the Authorization and Agreement Block at the end of this proposal.
Retain one copy of this proposal for your files and return one signed copy to this office to formally authorize our services.
Special billing instructions, including backup documentation requirements, should be mutually agreed upon and indicated in the authorization. Subsequent additions or changes should be likewise mutually agreed upon and submitted in writing with appropriate authorization.
If you should have any questions, or if we can provide any additional assistance, please call the undersigned at 909-474-2847. We appreciate the opportunity to assist you on this important project.
CONVERSE CONSULTANTS
Hashmi Quazi, PhD, PE, GE
Principal Engineer/Regional Manager
Encl: Schedule of Fees, and General Conditions
Dist: 1/Addressee (e-mail)
HSQ/kvg
Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023
Converse Consultants
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REVISED PROPOSAL TO PREPARE A GEOTECHNICAL INVESTIGATION Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project Approximately 5,000 Linear Feet of 69-inch Diameter Reinforced Concrete Pipe (RCP) City of Beaumont, Riverside County, California
Converse Project No. 21-81-222-00 (01)
ACCEPTANCE OF AGREEMENT AND AUTHORIZATION TO PROCEED3
Firm Name: (Client)1
By: (Print Name)
(Signature)
Title: Date:
Telephone No. ( ) Email:
P.O. No./Billing Instructions2:
1 Invoices to be sent to the Client, who shall be responsible for payment thereof, unless notified otherwise. The Client is represented by a person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions.
2 Billing requirements, including backup documentation, should be mutually agreed upon and indicated here. Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with appropriate authorization.
3 Converse has been informed by the Client that this is not a prevailing wage project for geotechnical services as determined by local Labor Code Sections 1770-1780.
Appendix
Converse Consultants P2023 Geotech
CONVERSE CONSULTANTS
Non-Prevailing Wage Schedule of Fees
Geotechnical Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2023.
Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
Field Technical Services (all including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ................................. $85 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) ...................................................................... 85 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) ........................ 90 Coring Technician ...................................................................................................................................................................... 90 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) ......................................................................... 80 Senior Soils Technician .............................................................................................................................................................. 90 Sample Pick-Up ......................................................................................................................................................................... 50 Professional Services (field and office)
Staff Professional ................................................................................................................................................................... $135 Senior Staff Professional .......................................................................................................................................................... 145 Project Professional ................................................................................................................................................................. 155 Project Manager ....................................................................................................................................................................... 170 Senior Professional .................................................................................................................................................................. 170 Principal Professional ............................................................................................................................................................... 210 Principal/Consultant ................................................................................................................................................................. 235 Laboratory Testing
Laboratory Technician ...................................................................................................................................................... Per Test (See Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor .............................................................................................................................................................. $90 Office Support
Clerical/Word Processing ......................................................................................................................................................... $80 Drafting ....................................................................................................................................................................................... 85 CAD Operator/Drafting Manager ................................................................................................................................................ 90 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked were seven continuous eight hours per day in one work week, not counting paid time off within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.
Expenses
1.Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.
2.Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent.
3.Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS mileage rate for company- owned vehicles traveling between principal office and project.
4.Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent.
Invoices
1.Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.
2.Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received.
Furthermore, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Clien t in the event Client fails to pay Converse for services when said payments are due.
3.Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount.
General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Converse Consultants GLT2023
CONVERSE CONSULTANTS
Schedule of Fees – Geotechnical Laboratory Testing
Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project.
IDENTIFICATION AND INDEX PROPERTIES TESTS
Visual Classification, ASTM D2488 ................................... 20.00 Engineering Classification, ASTM D2487 ......................... 25.00 Moisture Content and Dry (bulk) Density,
ASTM D2216 and D2937 ............................................. 25.00 Moisture Content, ASTM D2216 .................................. 20.00 Shrinkage Limit, ASTM D4943 .......................................... 85.00 Atterberg Limits, ASTM D4318
Several points ............................................................ 150.00 One Point ..................................................................... 50.00 Particle Size Analysis, ASTM D6913
Fine Sieve, from +#200 to #4 ..................................... 100.00 Coarse and Fine Sieve, from #200 to 3 in .................. 180.00 Hydrometer ................................................................ 120.00 Percent Passing #200 Sieve, ASTM D1140 ...................... 80.00 Specific Gravity
Fine, passing #4 sieve, ASTM D854 .......................... 100.00 Coarse, retained on #4 sieve, ASTM C127 ................ 100.00 Sand Equivalent Test, ASTM D2419 ............................... 120.00 Double Hydrometer Dispersion, ASTM D4221 ................ 150.00
COMPACTION AND BEARING STRENGTH
Standard Proctor Compaction, ASTM D698 or ASTM D1557
Method A or B ............................................................ 200.00 Method C, 6” mold...................................................... 210.00 California Impact Method, Caltrans 216 .......................... 220.00 R-value, ASTM D2844 and CTM301 ............................... 270.00 California Bearing Ratio (CBR), ASTM D1883
1 Point ........................................................................ 530.00 3 Points ...................................................................... 750.00 Relative Density
0.1 Cubic Foot Mold ................................................... 200.00
0.5 Cubic Foot Mold ................................................... 300.00
SHEAR STRENGTH
Torvane/Pocket Penetrometer .......................................... 25.00 Direct Shear
Quick Test .................................................................... 75.00 Consolidated, Drained, granular soil,
ASTM D3080 ........................................................ 220.00 Consolidated, Drained, fine grained soil,
ASTM D3080 ........................................................ 260.00 Consolidated, Undrained, fine grained soil ................. 220.00 Residual Strength, per cycle ........................................ 70.00 Remolded Specimens .................................................. 70.00
STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS
(PER POINT)
Unconfined Compression, ASTM D2166 ........................ 150.00 Unconsolidated, Undrained, ASTM D2850 ..................... 160.00 Consolidated, Undrained, per point ................................ 700.00 Consolidated, Drained, per point .................................... 700.00 With Pore Pressure Measurement, per load ................... 150.00 Remolded Specimen......................................................... 90.00
CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE
(ASTM D4546) TESTS
8 Load Increments .......................................................... 250.00 Additional Load Increment ................................................ 50.00 Time-Ratio, per load increment ......................................... 90.00 Single Point, collapse test ................................................. 90.00
Single Load Swell, ASTM D4546
Ring Sample, Field Moisture ......................................... 95.00 Ring Sample, Air Dried ................................................. 95.00 Remolded Sample .............................................................. 70.00 Expansion Index Test, UBC 29-2/ASTM D4829 ............... 130.00
HYDRAULIC CONDUCTIVITY TESTS
Constant Head, ASTM D2434 .......................................... 250.00 Falling Head Flexible Wall, ASTM D5084 ........................ 300.00 Triaxial Permeability, EPA 9100 ....................................... 350.00 Remolded Specimen .......................................................... 60.00
CHEMICAL TESTS
Corrosivity (pH, resistivity, sulfates, chlorides) ................. 220.00 Organic Content, ASTM D2974 ........................................ 100.00
Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through December 31, 2023.
Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts-per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories.
Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law.
Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis.
Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse.
Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts.
Converse Consultants MTS2023
CONVERSE CONSULTANTS
Schedule of Fees – Materials Laboratory Testing
Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2023.
AGGREGATES
Moisture Content, ASTM D2216 ............................................... 20.00 Particle Size Analysis
Coarse, ASTM C136, each ................................................ 100.00 Coarse and Fine, ASTM C136 & C137), each .................. 180.00 Specific Gravity & Absorption
Coarse Aggregate, ASTM C127 ........................................ 100.00 Fine Aggregate, ASTM C128 ............................................. 100.00 Unit Weight per Cubic Foot, ASTM C29 .............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each ..... 550.00 Potential Alkali Reactivity, ASTM D289 ............................. 700.00 Freeze Thaw Soundness ................................................... 175.00 Los Angeles Abrasion, per class, ASTM C131, C535 ....... 375.00 Sand Equivalent, ASTM D2419 ......................................... 180.00 Lightweight Particles, ASTM C123, each .......................... 300.00 Clay Lumps & Friable Particles, ASTM C142, each .......... 290.00 Stripping Test, ASTM D1664, each ..................................... 85.00 Organic Impurities, ASTM C40 .......................................... 140.00 Durability ........................................................................ By Quote
CONCRETE TESTS
Laboratory Trial Batch, ASTM C192 ................................... By Quote Laboratory Mix Design, Historical Data ............................... By Quote Compression Test, 6”x12” Cylinder, ASTM C39, each ............. 45.00 Lightweight Concrete
Compression ........................................................................ 45.00 Unit Weight ........................................................................... 45.00 Specimen Preparation, Trimming or Coring, each .................... 60.00 Bond Strength, ASTM C321
Prepared by Converse ....................................................... 250.00 Prepared by Others ............................................................ 150.00 Core Compression Test, ASTM C12, each ............................... 80.00 Flexure Test, 6”x6” Beams, ASTM C78, each ........................ 130.00 Modulus of Elasticity, Static, ASTM C469, each ..................... 275.00 Length Change, ASTM C157, 3 bars, 5 readings each,
up to 26 days ...................................................................... 550.00 Splitting Tensile, 6”x12” Cylinders, each ................................. 110.00 Field Concrete Control (sampling, slump, temperature,
cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate
schedule, or each cylinder ................................................... 95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder ................................................... 95.00 Hold Cylinder ............................................................................. 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse ............................................................. 5.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22)
Moisture Content, as received, each ....................................... 105.00 Absorption, each ........................................................................ 85.00 Compression, each .................................................................... 85.00 Shrinkage, ASTM C426, each ................................................. 250.00 Net Area and Volume, each ...................................................... 25.00 Masonry Blocks, per set of 9 ................................................ 1,500.00 Masonry Core Compression, each .......................................... 125.00 Masonry Core Shear, each ..................................................... 180.00 Masonry Core Trimming, each ................................................ 150.00 Compression Test, grouted prisms, 8”x8”x16”, each .............. 250.00 Compression Test, grouted prisms, 12”x16”x16”, each .......... 425.00 Compression Test
2”x4” Mortar Cylinder, each ................................................. 45.00 3”x6” Grout Prisms, each ..................................................... 45.00 2” Cubes, ASTM C109, each ............................................... 45.00 Cast by Others ........................................................................... 45.00 Mortar or Grout Mix Designs ............................................... By Quote
FIREPROOFING TESTS
Oven Dry Density, per sample .................................................. 70.00
MOISTURE EMISSION TEST
Moisture Emission Test Kit ...................................................... 80.00
ASPHALTIC CONCRETE
Stability, Flow, and Unit Weight, ASTM D6927 ..................... 500.00 Marshall ASTM D1559, ASTM D2726 ................................... 450.00 Measured Maximum Specific Gravity of Mix, ASTM D2041,
Rice Method, each ........................................................... 350.00 Void Analysis of Cores or Marshall Specimens,
Calculations Only, ASTM D3203, set of 2 or 3 .................. 60.00 Laboratory Mixing of Asphalt & Concrete, per sample ............ 75.00 Complete Asphalt Concrete Mix Design
Hveem or Marshall ....................................................... By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each ............. 455.00 Extraction of Rubberized Asphalt & Gradation, each ............ 350.00 Specific Gravity, ASTM D2726 or ASTM D1188
Uncoated ............................................................................ 95.00 Coated .............................................................................. 125.00 Immersion-Compression ........................................................ 650.00 Particle Coating, ASTM D2489 ................................................ 95.00 Stripping, ASTM D1664 ........................................................... 85.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or
By-Products ...................................................................... 350.00 Retained Strength, ASTM D1074/D1075, 6 specimens .... By Quote Retained Stability, Mil, Std, 520A, Method 104,
6 specimens ................................................................. By Quote CBR, ASTM D1883, including M/D Curve, 1 point ................ 400.00 Asphalt Temperature ............................................................... 15.00
STRUCTURAL STEEL
Tensile Test #9 Bar or Smaller, each ...................................... 60.00 Bend Test #9 Bar or Smaller, each ......................................... 60.00 Tensile Test #10 Bar or Greater, each .................................. 280.00 Tensile Test #14 Bar, each .................................................... 310.00 Rebar Coupler Tensile Test ................................................... 140.00 Tensile Test, Welded #9 Bar or Smaller, each ...................... 140.00 Tensile Test, Welded #10 Bar or Greater, each .................... 280.00 Tensile Test, Welded #14 Bar, each ..................................... 310.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller,
each .................................................................................. 210.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each .................................................................................. 350.00
HIGH STRENGTH BOLT, NUT, AND WASHER TESTING
Wedge Tensile Test, A490 Bolts
Under 100,000 lbs., each ................................................. 130.00 Over 100,000 lbs., each ................................................... 140.00 Wedge Tensile Test, A325 Bolts
Under 100,000 lbs., each ................................................. 160.00 Tensile Test, Anchor Bolts, tested with displacement
transducers, each ............................................................. 300.00 Nut Hardness, Proof & Cone Proof Load Test, each .............. 60.00 Washer Hardness, each .......................................................... 50.00 A325 or A490, Bolt Hardness Only, each ................................ 50.00 Bolt A325 or A490 Wedge Tensile
Under 100,000 lbs. & Hardness, each ............................. 130.00 Over 100,000 lbs. & Hardness, each ............................... 170.00 Bolt, Nut & Washer, all tests per set with bolts
Under 100,000 lbs. ........................................................... 400.00 Over 100,000 lbs. ............................................................. 500.00 See Schedule of Fees – Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse.
Converse Consultants GC99-1
CONVERSE CONSULTANTS General Conditions –
Right of Entry
Client warrants to Converse that it has full legal right to authorize Converse's entry upon the real property where Converse's services are to be performed ("Site" herein) and upon all property, if any, required for ingress and egress to the Site.
Client authorizes Converse to enter upon the Site and such adjoining property as is necessary to allow Converse to perform its services.
Converse will take reasonable precautions to minimize any damage to the Site; however, Client acknowledges that during the normal course of the performance of Converse's services, some damage to the Site may occur. The correction of any damage to the Site (surface or subterranean) shall be the obligation of the Client.
Information Supplied by Client
Client warrants the accuracy of any information supplied by it to Converse, acknowledges that Converse will not verify the accuracy of such information, and agrees that Converse is entitled to rely upon any such information.
Client shall immediately notify Converse in writing of any data, information or knowledge in the possession of or known to Client relating to conditions existing at the Site and shall provide Converse with the location, size and depth of any and all underground tanks, piping or structures existing upon the Site.
Client shall defend, indemnify and save harmless Converse, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorneys' fees, arising out of errors, omissions and inaccuracies in documents and information provided to Converse by Client.
Ownership of Data and Documents; Samples
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Converse shall remain the sole property of Converse.
Client shall have the right to the use of all data, recommendations, proposals, reports, design criteria and similar information provided to it by Converse ("information" herein); provided, however, that the information shall not be used or relied upon by any party other than Client, save and except as may be required by the design and licensing requirements of the project for which the information is provided; further, such use shall be limited to the particular site and project for which the information is provided. To the extent Client utilizes Converse’s information by providing or making the same available to any third party (a) Client agrees to give written notice to any such third party that it may not utilize or rely on any aspect of Converse’s information and (b) Client agrees to defend, indemnify and hold Converse harmless against any and all claims, demands, costs, losses, damages and expenses, including attorneys fees, that may be asserted against or sought from Converse by any such third party.
Client's right to the use of the information is expressly conditioned upon Client's prompt payment to Converse of all sums due under the Client/Converse agreement. In the event of Client's nonpayment or partial payment of said amounts, Client agrees that it shall not use any of the information for any purpose whatsoever and shall return the same to Converse within 2 business days upon demand.
Converse will retain all samples of soil, rock or other materials obtained in the course of performing its services for a period of thirty (30) days. Thereafter, further storage or transfer of samples to Client may be made at Client's expense upon written request from Client to Converse received by Converse prior to the expiration of the 30-day period.
Converse shall retain permanent records relating to the Converse services for a period of five (5) years following submittal of Converse's report, during which period the records will be made available to Client upon reasonable notice given by Client and upon payment to Converse of an amount sufficient to reimburse Converse for its necessary and reasonable expenses in making said records available.
Standard of Care and Professional Responsibility
Client acknowledges that the services to be performed by Converse involve the use of tests, calculations, analyses and procedures which are in a constant state of development, improvement and refinement and that, as such, improvements, changes in methods, and modifications of procedures have been made in the past, are now being made, and are expected to continue to be made in the future.
Further, Client recognizes that, while necessary for investigations, commonly used exploration methods, such as drilling borings or excavating trenches, involve an inherent risk. For example, exploration on a site containing contaminated materials may result in inducing cross- contamination, the prevention of which may not be complete using presently recognized sealing methods.
Client recognizes that the state of practice, including but not limited to the practice relating to contamination or hazardous waste conditions, is changing and evolving and that standards existing at the present time may subsequently change as knowledge increases and the state of the practice continues to improve.
Client recognizes that projects containing contaminated materials may not perform as anticipated by Client, even though Converse's services are performed in accordance with the level of care and skill required of it. Further, certain governmental regulations relating to hazardous waste sites may purport to require achievement of results which cannot be accomplished in an absolute sense. It is recognized that a satisfactorily designed, constructed and maintained monitoring system may assist in the early detection of environmental changes allowing for early correction of problems. Unless it is specifically included in the scope of services to be performed by Converse, Client understands that Converse shall not perform such monitoring.
The services to be provided by Converse pursuant to the agreement to which these General Conditions are a part shall be provided in accordance with generally accepted professional engineering, environmental, and geologic practice in the area where these services are to be rendered and at the time that services are rendered. Client acknowledges that the present standard in the engineering and environmental professions does not include, and Converse does not extend to Client, a guarantee of perfection of the work contemplated hereby; further, that even in the exercise of normal and reasonable care, errors or omissions may from time to time occur. Except as expressly set forth in these General Conditions, no other warranty, express or implied, is extended by Converse.
Converse shall have no duty to supervise, coordinate or otherwise be involved in the performance of services or work by any third-party consultant, contractor or subcontractor.
Where Converse's services involve field observation of grading, filling and compaction (or any of them), it is agreed:
a.That Converse shall in no way be responsible for the manner in which such work is performed by any third party. b.That in the event Converse is to provide periodic observation, Client acknowledges that Converse cannot be responsible for any work performed at a time or times when Converse was not performing its observation services. Converse will not provide an opinion concerning the performance of any third party, save and except to the extent that said work was in fact observed and tested by Converse during the course of construction. c.That where Converse's services include continuous observation, Client agrees not to allow grading, filling or compaction to be performed at any time or times when Converse is not physically present upon the Site and shall restrict the amount and extent of such grading, filling and compaction to that which can be properly observed by Converse personnel present on the Site. d.That in the event Converse is to conduct test borings for Client, Client acknowledges that the accuracy of said test borings relates only to the specific location in which the boring itself was performed and that the nature of many sites is such that differing subsurface soil characteristics can be experienced within a small distance. As such, Client acknowledges that greater accuracy is obtained when the number of test borings is increased.
Technical Limitations
Client acknowledges and agrees that: (1) it is unreasonable to expect Converse to be able to completely evaluate subsurface conditions, even after the most comprehensive exploratory program; (2) site conditions change frequently due to the passage of time, human activities, and climatic conditions and uncertainties are therefore inherent in the nature of Converse’s services and impossible to avoid; (3) the identification of geotechnical and environmental conditions and the prediction of future or concealed conditions is an inexact scientific endeavor; (4) the state of the art of geotechnical and environmental practice is such that Converse cannot guarantee that its recommendations will prove adequate on this project and the Client assumes the risk of any such failure, except as otherwise provided in these General Conditions and that (5) these General Conditions contains specific LIMITATIONS OF LIABILITY.
Indemnity of Client and Limitation of Liability
Converse shall indemnify Client, its officers, directors, agents or employees from any claim, demand or liability arising from personal injury or property loss or damage caused by the sole negligence or willful misconduct of Converse.
Anything to the contrary in the agreement to which these General Conditions are attached or in these General Conditions notwithstanding, Converse's liability shall be limited to the lesser of the fees charged to Client by Converse for the services performed for Client, or the sum of fifty thousand dollars. Client may, at its option, increase the maximum amount for which Converse shall be liable by payment of an additional fee.
For the maximum liability sum of one hundred thousand dollars, the additional amount to be paid shall be four percent of the total Converse fee charged hereunder; for the maximum liability sum of one million dollars, the additional amount to be paid shall be five percent of the total Converse fees charged hereunder Client acknowledges and agrees that its recovery, if any, shall be satisfied, in the first instance, from the proceeds of Converse’s insurance, and to the extent of any deficiency in the available insurance proceeds, then and only then, by Converse.
Client acknowledges that Converse has agreed to charge Client a reduced fee for services in exchange for the above limitation of liability and that said reduction in fees is consideration for said limitation.
Client shall defend and save harmless Converse, its officers, directors, agents and employees from all liability, claims and demands, including expenses of suit and reasonable attorneys' fees arising from personal injuries, including disease and death, property loss or damage, injury to others (including personnel of Client, Converse or
Converse Consultants GC99-1
subcontractors performing work hereunder), and air or ground pollution or environmental impairment arising out of or in any manner connected with or related to the performance of Converse's services, except where there is a judicial determination that such injury, loss or damage shall have been caused by the sole negligence or willful misconduct of Converse.
Client acknowledges that Converse has charged Client a reduced fee for services to be performed by it in exchange for this hold harmless and that the reduction in fees is consideration for said hold harmless provision.
Converse will not be liable for consequential damages of any kind, nature or description.
Hazardous Waste, Pollution and Health Hazard Projects ("Hazardous Projects" Herein) Prior to the commencement of services by Converse on any hazardous project, Client agrees to advise Converse in writing of any known hazardous waste or materials existing on or near the Site or if any of said services are to be performed in an area where dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter is in the atmosphere where it raises a potential or possible health hazard or nuisance to anyone working within the area.
Anything in these General Conditions notwithstanding, Client shall indemnify and hold Converse, its officers, directors, agents, servants and employees, harmless from any claim, demand or action brought by any party whomsoever, including employees of Converse which claim, demand or action is based upon injury or damage caused or alleged to have been caused by hazardous wastes or hazardous materials whether or not such waste or materials were known to exist prior to the commencement of services.
Client agrees to be responsible for the removal and disposal of any hazardous waste uncovered as a result of the site investigation, including drill cuttings, unless specifically included within the scope of work It is agreed that the discovery of unanticipated hazardous materials constitutes a changed condition mandating an immediate renegotiation of the scope of services or termination of services. Converse will at all times endeavor to perform in a faithful and trustworthy manner. Client understands that Client or Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency. Client also understands that Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency, and that Converse, when practical, will do so only after notifying Client. In the event Converse discovers hazardous material that we believe poses an immediate threat to public health and safety, Converse will use its best judgment to notify appropriate emergency personnel for immediate containment. Client agrees to take no action of any kind against Converse when Converse makes a good-faith effort to fulfill its obligations.
Client's Responsibilities
Client shall immediately provide Converse with full information in writing as to Client's requirements for the services to be provided by Converse and shall designate in writing within five (5) days of the effective date of the agreement to which these General Conditions are a part, a representative to act on Client's behalf in conjunction with the services to be provided hereunder. Client shall promptly review all documents, reports, data and recommendations submitted by Converse and shall communicate with Converse concerning such reviews for the purpose of avoiding delay in the performance of the services to be rendered by Converse.
Client shall notify any third party who may perform on the Site of the standard of care being undertaken by Converse pursuant hereto and of the limitations of liability contained herein. Client shall require as a condition to the performance of any su ch third party a like indemnity and limitation of liability on their part against Converse.
Confidentiality
Converse shall hold all information provided to it by Client and the results of the work performed by it confidential and shall not disclose the same to any third party except where required by Governmental regulatory agencies or as otherwise required by law.
Disputes
Converse shall have the right to bring a legal action in a state or federal court against Client for any sums due or alleged to be due to it or for services rendered. Except for this right, Converse and Client agree that as an express condition to the right of either party to bring a legal action against the other, they shall first submit any dispute to mediation by a neutral person acceptable to both parties.
Each party shall bear its own attorneys' fees, costs and other expenses, except that each party shall be responsible and pay for one-half of the costs and expenses of the mediator.
In the event that legal action is required, the prevailing party shall be entitled to recover all of its costs incurred in connection therewith including, without limitation, staff time, court costs, attorneys' fees, consultant and expert witness fees and any other related expenses. In this regard, in order to make the prevailing party whole, the parties acknowledge and agree that the prevailing party shall be entitled to recover all of its costs incurred in connection with the legal action and shall not be limited to “reasonable attorneys fees” as defined in any statute or rule of court.
The obligations, responsibilities, warranties and liabilities of the parties shall be solely those expressly set forth herein. Remedies and limitations of liability shall apply regardless of whether an action is brought in contract, or is based on either party’s negligence, or another theory of law. All of the rights, remedies, obligations, terms, conditions and limitations of liability stated herein shall extend collectively to and be binding upon the parties’ partners, joint ventures, licensors, successors, assigns, insurers, and affiliates. Client and Converse agree that any legal action with respect to the services to be performed under these General Conditions shall be brought against the parties, and not against individual officers, employees or former employees of the parties. All legal actions by either party against the other for breach of these General Conditions or for the failure to perform in accordance with the applicable standard of care, however framed, that are essentially based upon such breach or failure shall be barred two (2) years from the time claimant knew or should have known of its right to make a claim, but, in any event, not later than four (4) years from substantial completion of Converse’s services.
Jobsite Safety
Converse shall be responsible for its activity and that of its employees on the Site. This shall not be construed to relieve the Client, its general contractor or any subcontractor of their obligation to maintain a safe jobsite.
Neither the professional activities nor the presence of Converse or its employees and subcontractors shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsite safety.
Converse will not direct, supervise or lay out the work of the Client, contractor, or any subcontractors. Converse's services will not include a review or evaluation of the adequacy of the contractor's safety measures on or near the Site.
Schedules
Unless otherwise specified in the agreement, Converse shall be obligated to perform within a reasonable period of time. Converse shall not be responsible for delays in the completion of its services created by reason of any unforeseeable cause or causes beyond the control and/or without the fault or negligence of Converse, including but not restricted to acts of God or the public enemy, acts of the Government of the United States or of the several states, or any foreign country, or any of them acting in their sovereign capacity, acts of other contractors with Client, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather.
Should completion of any portion of the services to be rendered by Converse be delayed beyond the estimated date of completion for any reason which is beyond the control of or without default or negligence of Converse, then and in that event Client and Converse shall mutually agree on the terms and conditions upon which the services may be continued or terminated.
Invoices
Converse shall submit monthly progress invoices to Client, and a final bill shall be submitted upon completion of the services. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice. If Client objects to all or any portion of any invoice, it shall so notify Converse of the same within fifteen (15) days from the date of receipt of said invoice and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the invoice.
If Client fails to make payment within thirty (30) days after receipt of an invoice, then Client shall pay an additional monthly service charge of one and one -half percent (1½ %) on all such amounts outstanding. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event Client fails to pay any undisputed amount to Converse when due, Converse may immediately cease work until said payment together with a service charge at the rate of 1½ % per month, as specified above, from the due date has been received. Further, Converse may, at its sole option and discretion, refuse to perform any further work irrespective of payment from Client.
In the event that all or any portion of the 1½ % service charge provided for herein is deemed to be an interest charge, then and in that event said interest charge shall be limited to the maximum amount legally allowed by law.
Client acknowledges Converse’s fee schedules are revised annually and agrees that the fee schedule in effect at the time the services are performed shall apply to such services.
Insurance
Converse represents that it now carries, and will continue to carry during the term of the contract to which these General Conditions are a part, Workers Compensation insurance and that, if requested, Converse shall provide to Client certificates as evidence of the aforementioned insurance.
Assignments
Client shall not assign this contract or any portion thereof to any other person or entity without the express written consent of Converse. Nothing contained in this contract or any part thereof shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party.
Severability
If any provision of these General Conditions is finally determined to be contrary to, prohibited by, or invalid under applicable laws or regulations, such provision will be renegotiated so as to give effect to the intent of the parties to the maximum possible extent. Such determination and renegotiation shall not affect of invalidate the remaining provisions or these General Conditions.
Governing Law
These General Conditions shall be governed by and construed under the laws of the State of California.
FIRST AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND EXP U.S. SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2, STAGE 1 PROJECT (CIP2019-019)
THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 1st day of November, 2022, by and between the CITY OF BEAUMONT, a general law city, (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and EXP U.S. Services, Inc. whose address is 451 E.
Vanderbilt Way, Suite 375, San Bernardino, CA 92408 (“CONTRACTOR”) in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
1. RECITALS
This First Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On December 15, 2020, the City and EXP U.S. Services, Inc., entered into that certain agreement entitled “Agreement for Professional Services by Independent Contractor” for Professional Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) (“Agreement”).
B. City has requested a further change in scope to the work under the Agreement regarding additional engineering services and grant application assistance and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated October 6, 2022, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by this reference.
2. AMENDMENT
Section 1 of the Agreement is hereby amended to extend the period of time during which the Services are to be provided hereunder, but not to exceed February 16, 2024.
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 the original Agreement, compensation was set at an amount not to exceed Four Hundred Forty-Two Thousand Two Hundred Fourteen Dollars ($442,214).
Per this First Amendment, compensation of Four Hundred Forty-Two Thousand Two Hundred Fourteen Dollars ($442,214) is increased by the maximum amount of Sixty-One
Thousand Eight Hundred Forty-Seven Dollars ($61,847.00) as provided in the Proposal attached hereto as Exhibit “A” resulting in total compensation under the Agreement not to exceed Five Hundred Four Thousand Sixty-One Dollars ($504,061).
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 Third Amendment to Professional Services Agreement to be effective as of the day and year first above-written.
CITY:
CITY OF BEAUMONT
By: ________________________________
Lloyd White, Mayor
ATTEST
City Clerk
APPROVED AS TO FORM
John Pinkney, City Attorney
CONTRACTOR:
EXP U.S. SERVICES, INC.
By: ______________________________
Print Name: _______________________
Title: _____________________________
EXHIBIT “A”
PROPOSAL DATED OCTOBER 6, 2022
California Levine Act Statement
California Government Code Sec on 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from par cipa ng in any ac on related to a contract or applica on if he or she receives any poli cal contribu ons totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.
The Levine Act also requires a member of the Beaumont City Council who has received such a contribu on to disclose the contribu on on the record of the proceeding.
Current Beaumont City Council Members are listed at:
h-ps:// www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following ques ons.
1. Have you or your company, or any agent on behalf of you or your company, made any poli cal contribu ons of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or applica on, or the an cipated date of any Council ac on?
___ YES If yes, please iden fy the Council Member(s):
__X_ NO
2. Do you or your company, or any agency on behalf of you or your company, an cipate or plan to make any poli cal contribu on of more than $250 to any Beaumont City Council Member in the 12 months following any Council ac on related to your proposal or applica on? ___ YES If yes, please iden fy the Council Member(s):
_X__ NO
Answering yes to either of the two ques ons above does not preclude the Beaumont City Council from awarding a contract or approving an applica on or any subsequent ac on. It does however, preclude the iden fied Council Member(s) from par cipa ng in any ac ons related to your proposal or applica on.
__August 11, 2023_ _____________________________
Date Signature of authorized individual
________EXP U.S. Services Inc.____
Company/Applicant Name
City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769-8520 | BeaumontCA.gov
Staff Report
TO: City Council
FROM: Jeff Hart, Director of Public Works
DATE August 15, 2023
SUBJECT: Service Agreement between the County of Riverside and the City of Beaumont for Brookside Avenue Slurry Seal Improvements
Description Cooperative Agreement with the County of Riverside.
Background and Analysis:
On June 28, 2023, Riverside County received bids for a street improvement project to slurry seal several County roads, including Brookside Avenue. A portion of the County’s project along Brookside Avenue, from approximately 500 feet west of Deodar Drive to Snowberry Road, is coincident with the City of Beaumont’s corporate boundary. Refer to figure 1 – Vicinity Map for location. The County is requesting to partner with the City of Beaumont to improve the full width of Brookside, along the stated limits, being approximately 2,600 linear feet and 46,800 square feet. The work will include crack sealing, application of a slurry seal, and restoration of all striping. The project is anticipated to be awarded on August 29, 2023 , with construction commencing shortly after.
The County included an alternative bid item in the Request for Bids for the City’s portion. The following is a summary of the bid result and additional costs specific to the City’s portion:
Task Cost___
Construction (bid results) $59,876.60
Contingency $6,000.00
Administration, Inspection & Testing $9,000.00_
Total Cost $74,876.60
The County will act as the lead agency on behalf of the City for the completion of the project. The total cost includes the complete construction cost, inspection cost, and the material testing cost for the City’s portion.
Staff recommends entering into a service agreement with the County of Riverside for the proposed improvements along Brookside Avenue.
Figure 1 - Vicinity Map
Fiscal Impact:
The cost of preparing the staff report is estimated to be $750. The funding for this service agreement would be paid from the Citywide Street Rehabilitation and Maintenance Project FY22/23 Project (CIP R-24) budget. Refer to following table for accounting summary.
R-24 Citywide Street Rehabilitation and Maintenance 23/24 Project Accounting Summary
Funding Summary
Funding Year Funding Source Amount
22/23 SB1 $1,117,898
22/23 Measure A $1,641,210
22/23 CDBG $503,086
22/23 General $3,101,170
Total Project Funding = $6,363,364
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 $6,363,364 $0 $0 $6,363,364
Construction Management $0 $0 $0 $0
Permits $0 $0 $0 $0
Equipment $0 $0 $0 $0
Project Summary Totals $6,363,364 $0 $0 $6,363,364
Recommended Action:
Approve Cooperative Agreement between the County of Riverside and City of Beaumont for Brookside Avenue Slurry Seal Improvements and authorize the City Manager to sign the agreement in the amount not to exceed $74,876.60.
Attachments:
A. Service Agreement by and Between County of Riverside and City of Beaumont for Brookside Avenue Slurry Seal Improvements.
Brookside Avenue Slurry Seal Improvements
County of Riverside & City of Hemet Service Agreement
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SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF BEAUMONT
FOR
BROOKSIDE AVENUE SLURRY SEAL IMPROVEMENTS
This Agreement is entered into this ______ day of ______________________, 20__, by and between the County of Riverside, a political subdivision of the State of California, on behalf of its Transportation Department (hereinafter "COUNTY") and the City of Beaumont, a municipal corporation, (hereinafter “CITY”) for slurry seal improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.
RECITALS
A. WHEREAS, CITY has determined to seal the existing asphalt surface on Brookside Ave. which consists of the following segments: segment 1 is Brookside Ave. from 508’ W Deoder Dr. to 214’ E Morgan Ave. (approximately 1433 linear feet by 18 feet wide), segment 2 is Brookside Ave. from 214’ E Morgan Ave to Snowberry Rd (approximately 1239 linear feet by 24 feet wide) in the Beaumont area of Riverside County (hereinafter “CITY PROJECT”).
B. WHEREAS, CITY has determined that it requires construction services to place the slurry seal on Brookside Ave. as shown in Exhibit A and that a Slurry Seal will be applied that consists of the application of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an existing asphalt concrete pavement surface.
C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal random cracks, replacement of any pavement markings, including cross walks, striping and raised pavement markers.
D. WHEREAS, COUNTY has Slurry Seal improvement projects within the jurisdictional boundaries of COUNTY, which Slurry Seal improvement projects are sometimes hereinafter referred to collectively as
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“COUNTY PROJECT”.
E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT since COUNTY has extensive experience in the development and implementation of similar type projects .
F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT.
G. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:
SECTION 1 • COUNTY AGREES to:
1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement funding for or to continue with the CITY PROJECT, if funds are not available.
2. Furnish CITY with Maps, Plans, Specifications & Estimate (PS&E) documents for the CITY PROJECT.
Final plans for improvements are prepared to COUNTY standards and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY.
COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of the PS&E documents, which approval shall not be unreasonably withheld.
3. Direct COUNTY’s contractor to identify any existing surface utility facilities within the limits of the CITY PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E.
4. Direct COUNTY’s contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT.
5. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT and the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances,
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orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CITY.
6. Furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT.
7. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as -built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordan ce with the PS&E documents.
8. Construct the CITY PROJECT in accordance with approved PS&E documents.
9. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. If any contract change order causes the construction contract to change by less than 10% of the bid amount for CITY PROJECT, COUNTY is authorized by CITY approval of this Agreement to move forward with such change.
10. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.
11. Provide CITY one complete set of reproducible as-built plans and all contract documents including calculations, estimates, and other documents produced as part of this contract within ninety (90) days after completion and acceptance of the CITY PROJECT.
SECTION 2 • CITY AGREES to:
1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit “B”. CITY agrees
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that should unforeseen circumstances arise which result in an increase o f any costs over those shown in Exhibit “B”, CITY will pay such costs pursuant to Subsection 9 and Subsection 10 of Section 1.
2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, Seventy Four Thousand Eight Hundred Seventy Six Dollars and Sixty Cents ($74,876.60) (the “Deposit”), which represents one hundred percent (100%) of the estimated costs to complete construction including construction administration, inspection and materials testing and contingency for CITY PROJECT, as provided in Exhibit “B”.
3. Prepare and approve CEQA clearance for the CITY PROJECT.
4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY‘s contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT and CITY PROJECT.
5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT.
6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the CITY PROJECT and to verify facilities are constructed as required by this Agreement.
7. Pay COUNTY for any final costs associated with the C ITY PROJECT that are in excess of the Deposit as determined pursuant to Subsection 10 of Section 1.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit “B”, COUNTY may award the contract.
2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed
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upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY with any unspent portion of the Deposit within forty-five (45) days of termination.
3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of CITY PROJECT or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for CITY PROJECT.
4. The total cost to CITY to complete construction, including construction administration, inspection and materials testing and a contingency for CITY PROJECT is estimated to be Seventy Four Thousand Eight Hundred Seventy Six Dollars and Sixty Cents ($74,876.60) as detailed in Exhibit “B”.
5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.
6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.
7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the Slurry Seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured.
COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance.
COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.
8. Ownership and title to all materials, equipment, and appurtenances installed as p art of this Agreement will be automatically vested with the jurisdiction in which the improvements reside, and no further agreement
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will be necessary to transfer ownership.
9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within CITY right of way except as specified in this Agreement or future agreements.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.
11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or lia bility occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY und er this Agreement.
13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate this Agreement upon ninety (90) days written notice to CITY.
14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.
15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform
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Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adop ted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:
COUNTY: CITY:
Riverside County Transportation Department City of Beaumont Attn: Mark Lancaster Attn: Jeff Hart
Director of Transportation Public Works Director
4080 Lemon Street, 8th Floor 550 E 6th Street
Riverside, CA 92501 Beaumont, CA 92223
Phone: (951) 955-6740 Phone: (951) 769-8522
[Signature Page Follows]
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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:
MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:
COUNTY COUNSEL
By______________________________________
DANIELLE MALAND
Deputy County Counsel
APPROVAL BY THE BOARD OF SUPERVISORS
_______________________________________
PRINTED NAME
Chair, Riverside County Board of Supervisors
ATTEST:
______________________ ________________
KIMBERLY A. RECTOR
Clerk of the Board (SEAL)
CITY OF BEAUMONT Approvals
APPROVED BY:
_____________________________________
PRINTED NAME
City Manager
APPROVED AS TO FORM:
_____________________________________
PRINTED NAME
City Attorney
ATTEST:
_____________________________________
PRINTED NAME
City Clerk
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29 EXHIBIT A
VICINITY/ CITY PROJECT MAP
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29 EXHIBIT B
CITY PROJECT BUDGET
ESTIMATED COSTS:
TASK COSTS
Construction $59,876.60
Contingency $6,000.00
Administration, Inspection & Testing $9,000.00
TOTAL COST $74,876.60
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
DATE August 15, 2023
SUBJECT: Approve a Purchase Order in an Amount Not to Exceed $479,358.56 to Santa Margarita Ford for the Purchase of Nine Ford F-250s for Community Services and Transit Departments
Description The purchase of seven (7) replacement vehicles and one (1) new vehicle for the Community Services Department through the approved FY 23/24 City-wide budget; and one (1) vehicle maintenance vehicle for the Transit Department funded by the State Transit Assistance grant.
Background and Analysis:
On June 6, 2023, the City Council, by resolution, adopted the City-wide budget for Fiscal Year 23/24. In the City-wide budget, the Parks and Grounds Department was allocated $547,170.34 for the replacement of 11 vehicles through the Internal Service Fund (ISF) and $230,000 for the purchase of 3 new vehicles.
Additionally, in FY 22/23, Capital Improvement Project T-13 was approved by the City Council using State Transit Assistance grant funds in the amount of $150,000 for the purchase of a shop truck for the Transit Department.
Beaumont Municipal Code Section 3.01.050 - Bidding requirements for materials, supplies and equipment states that, “Purchases of materials, supplies and equipment of more than $200,000.00 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure provided for in Section 3.010.080.”
Furthermore, Beaumont Municipal Code Section 3.01.110 – Exceptions to Competitive Bidding on Non-Public Projects states, in part, “…any alternative procedure, including no bidding, may be used with the City Manager’s approval…..(E) When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for non-public projects under this chapter.
Prior City Council concurrence with the City Manager’s determination shall be required for non-public project purchases over $200,000.”
As vehicle costs continue to rise, lack of available inventory, and the California Air Resources Board (CARB) Alternative Clean Fleets (ACF) Regulations, it is being recommended by staff to authorize the purchase of the nine vehicles for $479,358.56 utilizing the exception to Formal Bidding in Section 3.01.110.
Staff has obtained quotes and reached out to multiple dealerships; however, many have been nonresponsive or lack adequate inventory. Other quotes obtained have well exceeded the budget allocation per vehicle in the ISF. Santa Margarita Ford has nine Ford F-250s currently on the lot that meet the needs of both Community Services and Transit. This purchase will allow both departments to remain within spending authority for the purchase of vehicles in FY 23/24.
Fiscal Impact:
The total expense allocation will be $414,794.72 to the Community Services Department and $64,563.84 to the Transit Department.
The replacement of eight vehicles for the Community Services Department is funded by the Vehicle ISF and the approved FY 23/24 City-wide budget. The funding has been previously allocated, and this purchase has no further impact on the general fund.
The shop truck for the Transit Department is fully funded by the State Transit Assistance grant through the Riverside County Transportation Commission (CIP T-13) and has no fiscal impact on the general fund.
T-13 Shop Truck
Funding Summary
Funding Year Funding Source Amount
FY 22/23 STA Grant $150,000
Total Project Funding = $150,000
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 $0 $0 $0 $0
Construction Management $0 $0 $0 $0
Permits $0 $0 $0 $0
Equipment $150,000 ($0) ($71,241.62) $78,758.38
Project Summary Totals $150,000 ($0) ($71,241.62) $78,758.38
The cost to prepare this staff report is estimated to be $480.
Recommended Action:
Approve a Purchase Order in an amount not to exceed $479,358.56 to Santa Margarita Ford for the Purchase of eight (8) 2022 Ford F-250s for the Community Services Department and one (1) 2023 Ford F-250 for the Transit Department.
Attachments:
A. Quotes for Eight Community Services Vehicles
B. Quote for Transit Shop Truck
BUYERS ORDER
222412
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B63NEE26186
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
BUYERS ORDER
222417
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B62NEE52858
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
BUYERS ORDER
222420
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B62NEE52861
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
BUYERS ORDER
222422
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B66NEE52863
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
BUYERS ORDER
222425
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B63NEE69913
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
BUYERS ORDER
222428
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B69NEE69916
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
BUYERS ORDER
222446
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B65NEE95008
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
BUYERS ORDER
222465
DATE 8/8/2023
30331 SANTA MARGARITA PARKWAY
RANCHO SANTA MARGARITA, CA 92688
Phone 949-459-6800 Fax 949-459-6948
Invoice For:
Name Prepared by:TONY MERTEN
Company Name CITY OF BEAUMONT ROBBIE MOORE
Street Address 550 E. 6TH ST.
City, ST ZIP CodeBEAUMONT, CA. 92223
Phone (951)572-3191
Comments or Special Instructions:OUT OF STOCK PURCHASE
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA F.O.B. POINT TERMS TM/RM OT Due on receipt
QUANTITY UNIT PRICE AMOUNT
1 2022 FORD F250 XL 4X4 GAS 176''WB 48,000.00$ 48,000.00$
WG ALUM TOOLBOX, BEDLINER, STEPS, PINTLE HTCH INCLUDED
FOUR CORNER STROBES, FIRE EXT,FIRST AID KIT
BK UP ALARM, DOC HOLDER, TRI REFLECTORS
-$
SUBTOTAL 48,000.00$
LIC/REG -$
SALES TAX 3,726.59$
DOC/TIRE FEE 122.75
TOTAL 51,849.34$
DESCRIPTION
"We Get It"
OTHER :
MATTHEW MENDOZA
1FT7W2B65NEE36348
THANK YOU FOR YOUR BUSINESS!
ACH INSTRUCTIONS: COMERICA BANK
1717 MAIN ST. DALLAS, TX.
ROUTING #072000096
CITY OF BEAUMONT
2023 FORD F-250SD XL
VIN: 1FT7W2BA7PEC73545
STOCK #: 231152
SALESPERSON: ROBBIE MOORE
8/9/2023 3:11 PM
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 7.75% Tax Cash Deal Structure
Market Value 65,809.00
Discount Savings -6,009.00
Vehicle Price 59,800.00
Document Prep Fee 85.00
Tire/ELT Fee Fee 37.75
Sales Tax 4,641.09
Due On Delivery 64,563.84
Tax:7.75 % 7.75% TAX
© Copyright 2023 Guest Concepts, Inc. – All Rights Reserved
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
August 4, 2023
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 7/31/2023
TOTAL DUE: $94,373.23
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Cazares&Rosa
Professional services through: 7/31/2023: Invoice # 81718 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $21,569.30
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont* Deryke
Professional services through: 7/31/2023: Invoice # 81719 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $6,084.53
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*I.S.
Professional services through: 7/31/2023: Invoice # 81720 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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Iloputaife
Professional services through: 7/31/2023: Invoice # 81721 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,697.00
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont* Peters
Professional services through: 7/31/2023: Invoice # 81722 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $220.00
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Police Dept
Professional services through: 7/31/2023: Invoice # 81723 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $2,891.90
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Sandoval
Professional services through: 7/31/2023: Invoice # 81724 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,100.00
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Urban Logic
Professional services through: 7/31/2023: Invoice # 81725 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $29,026.00
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont*Wright
Professional services through: 7/31/2023: Invoice # 81726 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $9,708.20
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont-Gen Lit
Professional services through: 7/31/2023: Invoice # 81727 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $4,316.00
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont- Labor&Employ
Professional services through: 7/31/2023: Invoice # 81728 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $1,099.40
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont-OverRetainer
Professional services through: 7/31/2023: Invoice # 81729 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $9,105.90
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
August 4, 2023
City of Beaumont
E-MAIL INVOICES
Our file no:
City of Beaumont-Retainer
Professional services through: 7/31/2023: Invoice # 81730 Amount
BALANCE DUE – PLEASE SUBMIT PAYMENT: $7,500.00
P E N N S Y L V A N I A W I D E N I N G
W i d e n i n g o f P e n n s y l v a n i a t o f o u r l a n e s f r o m 1 s t S t r e e t t o 6 t h S t r e e t
P E N N S Y L V A N I A G R A D E S E P A R A T I O N V e r t i c a l R e a l i g n m e n t o f P e n n s y l v a n i a t o b y p a s s u n d e r t h e r a i l r o a d c r o s s i n g
S E C O N D S T R E E T E X T E N S I O N
E x t e n d i n g S e c o n d S t r e e t M a r k e t p l a c e w e s t b o u n d t o P e n n s y l v a n i a A v e n u e P H A S E 2 P O T R E R O I N T E R C H A N G E
A d d i t i o n o f O n /O f f R a m p s t o S R 6 0 , a s w e l l a s t h e r e a l i g n m e n t o f W e s t e r n K n o l l s .
S I G N A L I M P R O V E M E N T S
6 t h S t r e e t /B e a u m o n t A v e n u e p r o t e c t e d l e f t t u r n s i g n a l s
S R -7 9 /1 s t S t r e e t p r o t e c t e d l e f t t u r n s i g n a l s
H I G H L A N D S P R I N G S I N T E R C H A N G E
R e c o n f i g u r e e x i s t i n g i n t e r c h a n g e t o i m p r o v e t r a f f i c f l o w a n d s a f e t y .
O A K V A L L E Y I N T E R C H A N G E
R e c o n f i g u r e e x i s t i n g i n t e r c h a n g e a n d b r i d g e t o i m p r o v e t r a f f i c f l o w a n d s a f e t y .
W E S T S I D E F I R E S T A T I O N *
C o n s t r u c t i o n o f a f u l l s e r v i c e f i r e s t a t i o n l o c a t e d o n P o t r e r o B l v d . e a s t o f t h e O l i v e w o o d C o m m u n i t y
P O L I C E S T A T I O N /H E A D Q U A R T E R S *
C o n s t r u c t i o n o f a n e w p o l i c e s t a t i o n , a s a n a d d i t i o n t o t h e P u b l i c S a f e t y C o m p l e x l o c a t e d o n P o t r e r o B l v d , e a s t o f t h e O l i v e w o o d C o m m u n i t y .
*Is N O T a Tr a ns p o r t a t io n P r o je ct, bu t i s p a rt of P u bl i c Saf e t y I nf r a s t ru c t u r e
A C I T Y
E L E V A T E DB
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T R A N S P O R T A T I O N
P R O J E C T S A T A G L A N C E
P R O J E C T D E T A I L S
B e l o w i s a l i s t o f i d e n t i f i e d C a p i t a l I m p r o v e m e n t P r o j e c t s (C I P ) f o r t r a n s p o r t a t i o n w i t h i n t h e C i t y o f B e a u m o n t . T h e t i m e l i n e s g i v e n a r e e s t i m a t e s b a s e d o n c o m p l e t i o n o f d e s i g n s , e n g i n e e r i n g , e n v i r o n m e n t a l s t u d i e s a n d c o n s t r u c t i o n b i d a w a r d s . T h i s l i s t d o e s n o t i n c l u d e a l l C I P p r o j e c t s i d e n t i f i e d a n d /o r b u d g e t e d f o r .
F o r m o r e i n f o r m a t i o n o n t h e s eprojects a n d m o r e g o t oBeaumontCA.g o v
P E N N S Y L V A N I A W I D E N I N G
C o n st r u c t i o n i s u nd e r w a y a n d w i l l b e c o m p l e t e d b y t h e e n d o f 2 0 2 3.
P E N N S Y L V A N I A G R A D E S E P A R A T I O N C i t y C o u n c i l h a s a p p r o v e d f u n d i n g t o c o m p l e t e d e s i g n a n d e n g i n e e r i n g , w h i c h i s e x p e c t e d t o be c o m p le t e d i n 2 0 2 4 . T h i s p r o j e c t n e e d s a p p r o x i m a t e l y $4 0 m i l l io n i n f u n d i n g .
S E C O N D S T R E E T E X T E N S I O N
T h i s p r oj e c t w a s i d e n t i f i e d a n d a dd e d t o t h e C I P B u d g e t i n 2 0 2 0 . I n i t i a l c o n c e p t u a l d e s i g n a n d f e a s i b i l i t y h a s b e e n c o m p l e t e d . E n g i ne e r i n g a n d f i n a l e n v i r o n m e n t al s t u d i e s h a v e b e e n c o m p l e t e d . A d v e r t i s e m e n t a n d a w ar d o f c o n t r a c t i s e x p e c t ed i n 2 0 2 3. C i t y C o u n c i l h a s a u t h o r i z e d $2 .8 m i l l i o n i n c o n s t r u c t i o n f u n d i n g , a d d i t i o n a l l y $1 .5 m i l l i o n i n f u n d i n g i s b e i n g a l l o c a t e d f r o m M e as u r e A . C o n s t ru c t i o n i s e x p e c t e d t o b e c o m p l e t e i n e a r l y 2 0 2 4 .
P H A S E 2 P O T R E R O I N T E R C H A N G E
T h i s p r oj e c t w a s i d e n t i f i e d a n d a dd e d t o t h e C I P B u d g e t i n 2 0 1 6 . P h a s e 1 o f t h i s p r o j e c t w a s c o mp l e t e d i n 2 0 1 9 . P h a s e 2 i s u n d e r g o i n g a r e v i s e d t r a f f i c a n a l y s i s , w h i c h i s p e n d i n g f i n a l C a l T r a n s a p p r o v a l . O n c e a p p ro v e d t h e r e v i s e d p l a n a n d e n g i n e e r i n g s h o u l d b e c o m p l e t e d i n e a r l y 2 0 24 . C o n s t r u c t i o n w i l l t a ke 2 4 -3 0 m o n t h s a n d i s a n t i c i p a t e d t o b e g i n S u m m e r 2 0 2 4 . T h e C i t y h a s r e c e n t l y o b t a i n e d $3 3 .5 M i n T r a d e C o r r i d or E n h a n c e m e n t P r o g r a m f u n d i n g a nd $8 M i n f un d in g f r o m R C T C w h i c h i s i n a d d i t i o n t o t h e $8 m i l l i o n i n T U M F p r e v i ou s l y a l l o c a te d . T h i s p r o j e c t i s n o w f u l l y f u n d e d .
R E V : 8 /2 /2 0 2 3
C o n s t r u c t i o n o n a C a p i t a l I m p r o v e m e n t P r o j e c t i s a p r o c e s s t h a t , d e p e n d i n g o n s i z e a n d m a g n i t u d e , c a n t a k e m o n t h s o r e v e n y e a r s t o c o m p l e t e .
C a p i t a l I m p r o v e m e n t P r o j e c t s a r e d e e p l y c o m p l e x w i t h t h e f o l l o w i n g s t a r t t o f i n i s h p r o c e s s :
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W E S T S I D E F I R E S T A T I O N *
550 E. 6TH STREET
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S T A G E 1 : I d e n t i f y
I d e n t i f y C i t y I n f r a s t r u c t u r e t o b e i m p r o v e d , s u c h a s p a r k s ,
s t r e e t s , t r a n s i t , c o m m u n i t y
f a c i l i t i e s , e t c .
S T A G E 2 : O b t a i n F u n d i n g
D e p e n d i n g o n t h e t y p e o f
p r o j e c t a n d i t 's i m p a c t l o c a l l y , r e g i o n a l l y o r b e y o n d , f u n d i n g
s o u r c e s c a n i n c l u d e o n e o r
m o r e o f t h e f o l l o w i n g : G r a n t s ,
l o c a l , c o u n t y , s t a t e , f e d e r a l
f u n d i n g , a n d /o r t a x r e v e n u e .
S T A G E 3 : D e s i g n
A r c h i t e c t s a n d e n g i n e e r s
d e t e r m i n e t h e s c o p e o f t h e
p r o j e c t a n d d e v e l o p a t i m e l i n e , w h i c h i n c l u d e s e n v i r o n m e n t a l
p l a n n i n g a n d d e s i g n .
T h i s pr o ce s s ca n t a k e 6 -4 8 mo n th s de p en d i n g on th e c o mp le x it y o f t he pro je c t .
S T A G E 4 : C o n s t r u c t i o n
A t t h e c o n s t r u c t i o n p h a s e , t h e
p u b l i c w i l l s e e t h e p r o j e c t s t a r t t o t a k e s h a p e .
S T A G E 5 : C o m p l e t i o n
Every completed project
ELEVATES our City!
H I G H L A N D S P R I N G S I N T E R C H A N G E
T h i s p r o j e c t , c o o r d i n a t e d b y t h e R i v e rs id e C o u n t y T r a n s p o r t a t i o n C om m i s si o n (R C T C ), b e g a n i n 2 0 1 9 w i t h a c o o p e ra t i v e a g r e e m e n t b e t w e e n t h e Ci t y o f B e a u m o n t , C it y o f B a n n i n g, R C T C a n d C a l T r a n s. A p r o j e c t s t u d y r e p o r t w a s c o m p l e t e d i n N o v e m b e r o f 2 0 2 1. C u rr e n t l y R C T C h a s a w a r d e d a c o n t r a c t f o r t h e P r o je c t A p p r o v a l a n d E n v i r o n m e n t a l D e s i g n (P A E D ) r e p o r t , w hi c h i s e xp e c t e d t o b e c o m p l e t e d i n 2 0 2 5 .
A f t e r t h i s i s c o m p l e t e d t h e pr o j e c t w i l l g o t o d e s i gn a n d e n g i n e e r i n g , w h i c h i s a n o t he r 2 4 m o n t h p r o c e s s a n d t h e n a n o t h e r 2 4 -3 0 m on t h p r o c e s s f o r c o n s t r u c t i o n . F u n d i n g f o r c o n s t r u c t i o n i s s t i l l be i n g i d e n t i f i e d .
O A K V A L L E Y I N T E R C H A N G E
T h i s p r o j e ct w a s i d e n t i f i e d a n d a d d e d t o t h e C I P B u d g e t i n 2 0 2 0 . A p r o j e c t s t u d y r e p o r t w a s c o m p l e t e d i n 2 0 0 9 . C u r r e n t l y a r e q u e s t f o r p r o p o s a l (R F P ) f o r t h e P A E D w i l l b e r e l e a s e d i n s u m me r o f 2 0 2 3 .T h e P A E D t a k e s 2 4 m o n t h s . D e s i g n an d E n g in e e r i n g w i l l n e e d t o b e c o m p l e t e d a f t e r t h at , t h e n t h e p r o j e ct w i l l g o o u t t o b i d f o r c o n s t ru c t i o n . F u n d i ng f o r c o n s t r u c t i o n i s s t i l l b e i n g i d e n t i f i e d .
T h i s p r o j e c t w a s i d en t i f i e d an d a d d e d t o t h e C I P B u d g e t i n 2 0 1 6 . C o n st r u c t i o n h a s b e g u n a n d i s e x p e c t e d t o b e c o mp l et e b y t h e e n d o f 2 0 2 3 . T h i s p r o j e c t i s f u l ly f u n d e d .
P O L I C E S T A T I O N /H E A D Q U A R T E R S *
T h i s p r o j e ct w a s i d e n t i f i e d a n d a d d e d t o t h e C I P B u d g e t i n 2 0 2 0 . A c o n c e p t u a l p la n w a s p r e s e n t e d t o C i ty C o u n c i l i n S e p t e m b e r . F u n d i n g f o r c o n s t r u c t i o n i s s t i l l be i n g i d e n t i f i e d .
R E V : 8 /2 /2 0 2 3
P R O J E C T D E T A I L S (C O N T I N U E D )
S I G N A L I M P R O V E M E N T S
C o n s t r uc t i o n f o r t h e t r a f f i c s i g n a l u p gr a d e s a t 6 t h S t r e e t /B e a u m o n t A v e n u e h a v e b e g u n a n d a r e e x p e c t e d t o b e c o m p l e te d i n A u g u s t . T h e t r a f f i c si g na l i m p r o v e m e n t s a t 1 s t S t r e e t an d H i g h w a y 7 9 h a v e b e en a u t h o r i z e d a nd c o n s t r u c t i on w i l l b e g i n i n A u g u s t .