Agenda packet — Beaumont City Council, October 1, 2024 (part 8 of 9)

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Final Submit to City 9.10.24

City of Beaumont Agreement #
C18-48.3
EXHIBIT "B"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)

Page 1091 of 1299 ends

ACcRD® CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
DATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Privilege Insurance Services, Inc
14451 Chambers Rd., Suite 220
Tustin, CA 92780
License #:0E40869

CONTACT
NAME:

PHONE
No, Ext): (714) 505-4030 (A/c, No): (714) 5054031
ADDARESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: HARTFORD UNDERWRITER INSURANCE CO.
30104

INSURED
IDC CONSULTING ENGINEERS, INC.
5 CORPORATE PARK
SUITE 200
IRVINE CA 92606
INSURER B :

INSURERC:

INSURER D :

INSURER E :

INSURERF:

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

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

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

IN
L

TYPE OF INSURANCE
ADDL
INSD
S
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
Y
72 SBA BG5MJZ
05/30/24
05/30/25

EACH OCCURRENCE
$ 2,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTE
PREMISES (Ea occur ence)
$ 1,000,000
MED EXP (Any one person)
$ 10,000

PERSONAL & ADV INJURY
$ 2,000,000
GEN'L

AGGREGATE

LIMIT APPLIES
PECOT-
PER:

LOC

GENERAL AGGREGATE
$ 4,000,000

PRODUCTS - COMP/OP AGG
$ 4,000,000
$
A

AUTOMOBILE
XHIRED

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

AUTOS ONLY
V/
/\

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY

72 SBA BG5MJZ
05/30/24
05/30/25

COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N IA
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
A

BUSINESS PERSONAL

PROPERTY
72 SBA BG5MJZ
05/30/24
05/30/25

BUSINESS

PERSONAL PROP

DEDUCTIBLE
$45,000
$1,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Proof of Insurance
30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions.

CERTIFICATE HOLDER

CANCELLATION

CITY OF BEAUMONT
550 E. 6TH STREET
BEAUMONT, CA 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name43Viod roafislt2rNmarks of ACORD

/
A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDD/YYYY)
08/29/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER
Automatic Data Processing Insurance Agency, Inc.
1 Adp Boulevard
Roseland NJ 07068
ACT
Automatic Data Processing Insurance Agency, Inc.

PHONE 1-800-524-7024, Ext): 1-800-524-7024 talc, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Sequoia Insurance Company
22985
INSURED Idc Consulting Engineers, Inc (a Corp)
5 Corporate Park Suite 200
Irvine CA 92606
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 3822521
REVISION NUMBER:

TYPE OF INSURANCE

INSD DDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$

CLAIMS -MADE
OCCUR

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

PERSONAL & ADV INJURY
$
GEN'L

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
PRO-
JECT
PER:

LOC

GENERAL AGGREGATE
$

PRODUCTS - COMP/OP AGG
$
$

AUTOMOBILE

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY

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

PROPERTY DAMAGE
(Per accident)
$
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N
NIA
Y
QWC1374744
07/16/2024
07/16/2025
\/
/�
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate has a blanket Waiver of Subrogation for the following state(s) :CA

CERTIFICATE HOLDER

CANCELLATION
The City of Beaumont
550 East 6th st
Beaumont
I
CA 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
----)1 )11 -)1,t --
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD namR916401yOryiiSItE19@marks of ACORD

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (IDC CONSULTING ENGINEERS, INC.)

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 19th day of June, 2018, by and between the CITY OF BEAUMONT, a general law city, ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and IDC Consulting Engineers, Inc., a California corporation, whose address is 300 S. Harbor Boulevard, Suite 710, Anaheim, CA 92805 ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. On July 18, 2017, City Council authorized a Request for Proposals ("RFP") for the Pennsylvania Avenue Grade Separation Project, a copy of which is attached hereto as Exhibit "A".

B. In response to the RFP, CONTRACTOR made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "B"; and
C. CITY desires to engage CONTRACTOR to provide Engineering Design Services for the Pennsylvania Avenue Grade Separation Project; and D. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after two (2) years from the date of this Agreement unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Engineering Design Services Per Exhibit 'A' and Exhibit "B" for the Pennsylvania Avenue Grade Separation Project.. All Services shall be performed in the manner and according to the timefraine set forth in the Proposal for phase 1 and phase 2.

CONTRACTOR designates Wendy Li as CONTRACTOR'S professional responsible for

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overseeing the Services provided by CONTRACTOR.

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY.

Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Six hundred seventeen thousand and five hundred eighty four dollars ($617,584) for satisfactory completion of Phases I and II as provided in the RFP and Proposal. In addition and subject to the advanced written consent of the City Council, which may be given or not given as determined by the City Council in its sole and absolute discretion, an additional one million thirty nine thousand, three hundred sixty nine dollars ($1,039,369) for the satisfactory completion of Phases III and IV as provided in the RFP and Proposal for a possible grand total of one million six hundred fifty six thousand, nine hundred fifty three dollars (1,656,953).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City Council, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY' s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

4.04 If the work is satisfactorily completed, CITY shall pay such invoice within

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thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.

5. Oblications of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or the RFP, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.

5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.

5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.

5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise

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utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.

6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

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7. General Conditions pertaining to Insurance Coverage

7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.

7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.

7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.

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CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

9. Additional Services, Changes and Deletions.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.

10. Termination of Agreement.

10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.

10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be

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paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

12.03 CONTRACTOR shall retain and maintain, for a period not less than four

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years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements

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of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.

IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written.

CITY:

CITY OF BEAUMONT
B
Troll, Mayor
CONTRACTOR:

Ix C5Z--/ `
By:

Print Na
Title:
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EXHIBIT "A"

REQUEST FOR PROPOSALS

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CITY OF BEAUMONT
550 E. Sixth Street, Beaumont, CA 92223
Phone: (951) 769-8518 Fax: (951) 769-8526

REQUEST FOR PROPOSAL,
FOR

PROFESSIONAL ENGINEERING SERVICES

PENNSYLVANIA AVENUE GRADE SEPARATION

CITY OF BEAUMONT

PUBLIC WORKS DEPARTMENT
Amer Jakher, Public Works Director/City Engineer
550 E. 6th Street - Beaumont, California 92223
(951) 769-8520
E-mail address: [email protected]
Proposals Due By:
2:00 pm
Wednesday, August 16, 2017
RFP Available online at:
http://www.beaumontcares.com

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CITY OF BEAUMONT

REQUEST FOR PROPOSAL

PROFESSIONAL ENGINEERING SERVICES

PENNSYLVANIA AVENUE GRADE SEPARATION

1. INTRODUCTION
The City of Beaumont ("City") requests written responses to a Request for Proposal (RFP) for selection of a qualified firm ("Consultant") to provide Professional Engineering Services for the Pennsylvania Avenue Grade Separation.

The Consultant will be expected to provide engineered plans, specifications, and an estimate of probable construction costs for the Pennsylvania Avenue Grade Separation. There are currently no federal funds involved with this project. Consultant firms/teams will perform full management and engineering services required for Geometric Approval/Project Maps, Preliminary Engineering, Final Design, as well as Construction Bidding/Engineering Support.

2. THE CITY OF BEAUMONT
The City was incorporated in November, 1912. The City is located in the eastern most portion of Riverside County and is bounded on the west by Calimesa and unincorporated areas, on the north by unincorporated County areas (Cherry Valley), on the south by unincorporated County areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City's boundary is approximately 26 square miles.

3. PURPOSE
The purpose of this RFP is to acquire a Consulting firm for the Union Pacific Railroad (UPRR) and Pennsylvania Avenue Grade Separation. The project will lower Pennsylvania Avenue under the existing UPRR track.

At this time the City is expecting to award a contract to the selected Consultant for Phases 1, 2 & 3 only.

4. SCOPE OF SERVICES
The City has described the proposed Scope of Services in Attachment A. This proposed scope is for demonstration purposes and is not considered final or all encompassing. The City expects interested Consultants to provide a detailed Scope of Work accurately describing the project development in their proposal as described in Section 7. PROPOSAL REQUIREMENTS outlined below.

There will be a Pre -Proposal Mandatory meeting held on August 2, 2017, in Conference Room # 3 at 10:00am

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5. ADDITIONAL CONSULTANT RESPONSIBILITIES
The Consultant shall be responsible for completing the specified services in accordance with the City's Professional Services Agreement (Attachment C).

6. TERM
The initial term of the agreement shall be 1 year, and may be extended at the discretion of the City.

7. PROPOSAL REQRUIREMENTS
The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below.

A. Cover Letter: Maximum of two pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the consultant contractually. That letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be rejected.

B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub -consultants shall be identified and included in the proposal (all sub - consultants must be approved by City prior to signing the agreement with City).

C. The firm's approach to delivering the scope of services. Provide a description of the firm's approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks.

D. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc.

E. Location of principal office that will be responsible for the implementation of this contract.

F. Resume of the Lead Consultant.

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G. Key Personnel: Provide a summary description of the key personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects.

The proposal must name a project manager. In addition to this summary, full resumes should be provided.

H. Three to five references to include: name, address, contact person and phone number of the company, length of time services were provided, and a description of the services provided.

In addition, the Financial Adviser shall provide a statement of the most relevant previous financings.

I. Scope of Services: Provide a description of the tasks, sub -tasks, and deliverables that will be provided. The Scope of Work Program should be presented in a logical format that can be easily attached to the Professional Services Agreement.

J. Project Schedule: Provide a comprehensive Critical Path Method (CPM) schedule describing the nature and estimated time line of proposed work objectives and milestones.

K. Cost proposal (including hourly rate) shall be submitted in a separate sealed envelope. This should include a not to exceed fee amount and fee schedule for services and hourly billable costs.

L. Any other information which should be considered, such as any special services or customer service philosophy which define your firm's practice.

M. The firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at time of contract execution.

8. SUBMITTAL
Four (4) bound copies, one (1) unbound copy and one (1) color digital pdf copy of the proposal must be submitted no later than 2:00pm, Wednesday, August 16, 2017. Postmarks and faxes are not acceptable.

Proposal must be titled "RFP Professional Engineering Services — Pennsylvania Avenue Grade Separation." All proposals and questions regarding this RFP shall be directed in writing to:

Chase Keys
Public Works Department
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
[email protected]

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No postmarked proposals will be accepted. Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City.

All costs associated with preparation of any proposal shall be the sole responsibility of the proposer.

Each proposal shall be limited to a maximum of 30 pages (not including resumes), using minimum 12 - point font size. Electronic copies of the proposal will not be accepted. *DUE DATE FOR QUESTIONS IS FRIDAY, AUGUST 4, 2017, AT 12:00pm.

All questions and answers will be posted on the City's website under "Doing Business" — "Bids and RFPs" within one week of the question due date.

9. CONFIDENTIALITY
Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non -effective and will be disregarded.

10. AMENDMENTS TO REQUEST FOR PROPOSALS
The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date.

11. NON -COMMITMENT TO CITY
The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal reviewed. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract.

12. CONFLICT OF INTEREST
The Consultant shall disclose any personal or professional financial, business, or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The consultant shall also list current clients who may have a financial interest in the outcome of this contract.

13. PROPOSAL EVALUATION/SELECTION
The City intends to engage the most qualified consultant available that demonstrates a thorough understanding of the City's needs. City staff will use the following criteria to evaluate the proposals:

1. Understanding the scope of services

2. Demonstrated professional skill and credentials

3. Related Experience

4. Approach to performing this type of service
Available Points = 10
Available Points = 15
Available Points = 20
Available Points = 20

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5. Familiarity with City, County and UPRR procedures Available Points = 15

6. Proposed Fee Available Points = 20
Total Points Available = 100
The City may request a qualification interview with the highest ranked consultant(s) prior to determining the final ranking This selection will be conducted according to the City's adopted procedures. The City reserves the right to reject any and all proposals.

Attachments
A. Scope of Services
B. Project Location Map
C. Professional Services Agreement

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Attachment "A"
Scope of Services
A. Phase 1— Geometric Approval/Project Maps

1. Geometric Layouts: This initial phase includes the preparation of up to three geometric layouts of the proposed grade separation. City staff will review and select one of the alternatives.

2. Right -of -Way Requirements Map: Consultant shall be responsible to prepare a map of all right-of-way takes necessary for construction of the project. Consultant will be responsible to coordinate with the City's Right -of -Way Consultant for the duration of the project.

3. Area of Potential Impacts: Consultant shall be responsible to prepare a map identifying the area of potential impacts. Consultant will be responsible to coordinate with the City's Environmental Consultant for the duration of the project.

B. Phase 2 —Preliminary Engineering Services (35% Submittal) Upon selection and approval of a geometric layout, authorization to proceed with the preparation of preliminary plans will be given.

1. Coordination: Conduct periodic coordination meetings with the City and UPRR staff and representatives of other affected agencies and utilities to review the progress of work, to obtain additional input and directions, and to ensure that the City and UPRR's desires are being met. It is anticipated that monthly meetings will be required. Attend meetings with City and UPRR staff as necessary during the preliminary design to coordinate and review the work, obtain additional input and directions and coordinate the processing of plans and specifications.

The City is currently working with a consultant(s) to prepare plans for the widening of Pennsylvania Ave as well as Interchange Improvements at the I-10 Freeway. Consultant shall be responsible to coordinate with the City's other consultant for the duration of the project.

2. Research: Complete research and data gathering. Meet with representatives of utility companies and research, obtain and review available maps and plans of major utilities and proposed utilities within the project area.

3. Design Survey: Complete aerial photography and ground surveys as needed to complete the Preliminary Engineering Services.

4. Geotechnical Report: Complete the geotechnical investigations, and the Material and Structural Foundation Reports.

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5. Base Map: Develop base plan and profile mylars from aerial typography. Base mylars will be at a scale of 1"=40' horizontal and 1 "=4' vertical.

6. Bridge Type Selection Report: Analyze possible bridge types for the UPRR tracks including initial construction costs and long term maintenance costs. Prepare bridge type selection report.

7. Structures: Coordinate review and approval of the preliminary bridge type, appearance, and details with the City and UPRR. Identify design features and positions of retaining walls. Prepare all submittals required by UPRR. Submit railroad bridge plans to UPRR for review and approval.

8. Roadway: Prepare preliminary plans and specifications outline for highway designs of Pennsylvania Avenue, including removals, grading, cross sections, staging, median island improvements, if any, and drainage facilities including identifying need for pumping facilities, ifrequired.

9. Electrical: Determine electrical service point capabilities and locations for all required electrical services. Prepare street lighting plans and coordinate with Southern California Edison for street lighting design.

10. Utilities: Identify utilities that require relocation, both temporary and permanent. Meet with utility companies to determine their design and relocation requirements. Sewers are owned by the City. The design of sewer facilities relocations shall be included within the scope of services to be provided. Existing drainage facilities are owned by either the City or Riverside County Flood Control District. The design of storm drain facilities relocations shall be included within the scope of services to be provided. Water lines are owned by Beaumont -Cherry Valley Water District. The design of water facilities relocations shall be included within the scope of services to be provided. Accurately identify all existing utilities on the roadway plans. Identify any existing facilities to be removed or abandoned in place.

11. Cost Estimate: Prepare preliminary quantity estimates for the project based on preliminary plans and proposed bid items. Prepare a preliminary project cost estimate (segregating roadway items and structure items) based on current unit prices and the above quantity estimates.

Deliverables: Submit to the City one set of preliminary plans in a .pdf format, five sets of half scale 11x17 plans, five sets of quantity take offs and cost estimate in an Excel format, one set of specifications (outline) in Word format, one set of all survey notes (.pdf format acceptable) and five hardcopies of all printed data andreports.

C. Phase 3 — Final Design Services (65%, 100%, and Final Submittal) Upon written approval of preliminary plans by the City and UPRR, authorization to proceed with final design and plan preparation will be given. The Engineer shall prepare complete plans, A-2

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specifications and bid documents for construction of project improvements including the following. Plans, specifications, cost estimates, and all relevant backup and support data are required at 65%, 100%, and final stages.

1. Coordination: Conduct periodic coordination meetings with the City and UPRR staff and representatives of other affected agencies and utilities to review the progress of work, to obtain additional input and directions, and to ensure that the City and UPRR's desires are being met. It is anticipated that monthly meetings will be required. Attend meetings with City and UPRR staff as necessary during the final design to coordinate and review the work, , obtain additional input and directions and coordinate the processing of plans and specifications.

2. Roadway: Complete roadway and grade separation plans and profiles, including cross - sections, grading, staging, median island improvements (if any), and drainagefacilities.

3. Structures: Complete plans for bridge, foundations, retaining walls, and all other structures for which the need is identified in Phase 2.

4. Traffic: Complete striping and signage plans for all streets within the project limits.

5. Streetlights: Complete street lighting plan and coordination with Southern California Edison (SCE) for SCE-ownedlighting.

6. Utilities: Complete design of all temporary and permanent utility relocation plans.

Confer and coordinate with each utility owner in the preparation of its plans for new or relocated facilities. Coordinate with utility companies on all utilitywork.

7. Landscaping: Develop and complete landscaping and irrigation plans for all graded areas within project limits except within railroad right of way.

8. Staging: Complete construction staging plan, traffic detour plans, temporary signalization (if needed), lane/street closure plan, and temporary traffic signal timing modifications recommendations (if needed).

9. Erosion and Sediment Control Plans: Develop erosion and sediment control plans in accordance County general permit.

10. Special Provisions/Standard Specifications: The Caltrans Standard Specifications shall be used for this project. Special provisions shall follow the Caltrans format.

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11. Cost Estimate: Prepare quantity estimates for the project based on plans and proposed bid items. Prepare a project cost estimate based on current unit prices, the above quantity estimates by segregating roadway items and structure items. Submit calculations supporting quantity takeoffs and cost estimates.

Deliverables: Consultant shall furnish one set of signed mylar construction drawings (final submittal only), five sets of 65% and 100% plans, one set of unbound photo ready bid documents including half scale drawings (final submittal only), five sets of 65% and 100% bid documents, five sets of all final reports, and CD(s) containing all relevant project data (.pdf and .dwg formats for plans, .pdf for reports, Excel for quantity takeoffs and cost estimates, and Word for bid documents).

D. Phase 4 — Construction Bidding/Construction Engineering Support:

1. Bid Assistance: Assist the City with the Bid Phase in interpretation of the drawings or specifications during the bidding period and preparation of addenda if required. The Engineer will review bids and prepare a tabulation of the bids if so requested by City.

2. Construction Engineering Support: Engineer shall attend the pre- construction meeting, visit the job site on a monthly basis and as needed to review construction to resolve any discrepancies in contract documents, and prepare any drawings necessary to clarify items of work or to support Contract Change Orders (CCOs).

3. Record Drawings: Upon and within two months of completion of construction, prepare record drawings of what was actually built.

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Attachment "C"

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the day of , 2017, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and whose address is ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. CITY desires to engage CONTRACTOR to provide ; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto . Exhibit "A"; and C. CONTRACTOR agrees to provide s ces pursuant to, and in accordance with, the terms and conditions of this Agreement an. ep se s and warrants to CITY that CONTRACTOR possesses the necessary skill:. ions, qualifications, personnel and equipment to provide such services.

NOW, THEREFORE, in
contained herein, CITY and CO

1. Term of A • r
and shall continue until termin
Agreement, this Agreement shall
the parties with the approval of the
foregoing Recitals and mutual covenants
as follows:
ement is effective as of the date first above written
ided for herein. Not with standing anything in this
ically terminate after one (1) year unless extended by
Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Aeration Basins Cleaning and Maintenance services and any other services which the City may request in writing from time to time. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.

CONTRACTOR designates as CONTRACTOR'S professional
responsible for overseeing the Services provided by CONTRACTOR.

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4. Compensation.

4.01 CITY agrees to pay CONTRACTOR the amount as set forth in the Proposal.

CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Not with standing anything in this Section 4, total fees and charges paid by CITY under this Agreement shall not exceed amount to be determined as needed without approval by the City Council of CITY.

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the .revious month. The CITY shall not be obligated to pay any invoice that is submitted more an ixty (60) days after the due date of such invoice. CITY shall have the right to review a + and all invoices prior to or after payment to CONTRACTOR. This review and audit may in • -, . n. be limited to CITY's:
a. Determination that any hourly fe
approved hourly rate schedule;
b. Determination that
schedule dollars is correct;
c. Determination that
charge for the particular item.
customary, or reasonable, o
either return the bill to CONT
accordingly, and give notice to C
the multi
is con stent with this Agreement's
ours billed times the approved rate
is the usual, customary, and reasonable
an item charged is greater than usual,
iguous, excessive, or inappropriate, CITY shall
ith a request for explanation or adjust the payment
TOR of the adjustment.

4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advice CONTRACTOR in writing of the disputed portion.

5. Obligations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

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5.06 CONTRACTOR represents that it po
applicable to the performance of Services under
obtain and keep in full force and effect all pern
Services herein. In the event CITY is requir
governmental entity, CONTRACTOR shall
filed with such entity.

5.07 CONTRACTOR sh
Verification information from C
Immigration Reform and Contr
that CONTRACTOR's ern

5.08 In the event
any CalPers retirees in comple
be disclosed in advance to the C
approval.
s all required licenses necessary or
eement and the Proposal and shall
vals required to perform the
royal or permit from another
nece y supporting documents to be
le for obtaining Employment Eligibility
e ployees, in compliance with the
. L. 99-603 (8 U.S.C. 1324a), and shall ensure
work in the United States.

TOR employs, contracts with, or otherwise utilizes
f the Services performed hereunder, such instances shall nd shall be subject to the CITY's advance written

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. If existing C-3

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coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance:

6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by Califs rnia law. The provisions of any workers' compensation will not limit the obligations of CO V R TOR under this Agreement.

CONTRACTOR expressly agrees not to use any tatu immunity defenses under such laws with respect to CITY, its employees, officials

6.04 Optional Insurance Coverage.

Required ; Errors and omissions i
occurrence to cover any negligent acts
employees and/or agents in the p

7. General Conditi

7.01 No liabil'
waiving the right of subrog
against CITY regardless of th
contractors and subcontractors to
and c " - ck one: Required _X_ /Not
imum amount of $2 million per
itted by CONTRACTOR, its
rvices for CITY.
surance Covera e
ge provided shall prohibit CONTRACTOR from
o a loss. CONTRACTOR waives all rights of subrogation
ility of insurance proceeds and shall require all
likewise.

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M.

Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

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7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that
should, to the extent permitted by law, be fully prot
lawsuit, cost, expense, attorneys' fees, litigation
costs arising out of or in any way related to the
CONTRACTOR or any subcontractor or acr u o
indemnity are intended by the parties to
protection possible under the law to C
enter into this Agreement in the ab
and protect CITY as set forth her
, its e ees, agents and officials
any , injury, damage, claim,
e costs, court costs or any other
is Agreement by
ingly, the provisions of this
nstrued to provide the fullest
R acknowledges that CITY would not
ent of CONTRACTOR to indemnify
a. To the fullest extent pe id law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, e ' s and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

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9. Additional Services, Changes and Deletions.

9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

10. Termination of Agreement.

10.02 In the event of termination, the pay
undisputed Services performed prior to the effec
thirty (30) business days after receipt of an inv
upon termination, CONTRACTOR agrees to pr
documents, reports, studies, plans, specif'
control of CONTRACTOR and pertain to

11. Status of CONTR

11.01 CONTRACT
independent contractor, an
employee of CITY. However,
as provided for in this Agreemen
onies due CONTRACTOR for
h termination shall be paid within
this Agreement Immediately
rovide . nd deliver to CITY all original
like which are in the possession or
Services in CONTRACTOR's own way as an
TRACTOR's independent calling, and not as an
TOR shall regularly confer with CITY's City Manager

CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

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CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.

12. Ownership of Documents; Audit.

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

12.03 CONTRACTOR shall retain and maint
following termination of this Agreement, all time re
all other records with respect to all matters conce
and expenses reimbursed. At any time during norn
deem necessary, CONTRACTOR shall mak
such records and shall permit CITY's agents

13. Miscellaneous Provis

13.01 This Agreement
previous agreements, either or
rendering of Services by CONTR
agreements between the parties with
whatsoever. Any modification of this A
by both parties.
eriod not less than four years
ng records and vouchers and
ices . • rmed, compensation paid
ess hours and as often as CITY may
TY's agents for examination all of
and reproduce such records.
ttached exhibits, supersedes any and all
en the parties hereto with respect to the
CITY and contains all of the covenants and
to the rendering of such Services in any manner
eement will be effective only if it is in writing signed

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be C-7

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entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.08 Improper Consideration. C
through an intermediary) any improper
services, the provision of travel or ent
or agent of the CITY in an attempt
contract awarded by CITY. The
it determines that any improper c
to any officer, employee or agent of
this Agreement or any CITY contract.
or evaluation process once this Agreement or any CITY contract has been awarded.

CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
aware of any financial or
relating to this Agreement. It is
exist at the inception of this
iving notice thereof.
ode section 87100 et seq.
f this Agreement.

TR : C9R s not offer (either directly or
, but not limited to, cash, discounts,
tems of value to any officer, employee
reatment regarding this Agreement or any
ay immediately terminate this Agreement if
s escribed in the preceding sentence was offered
ith respect to the proposal and award process of
•ohibition shall apply to any amendment, extension
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IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written.

CITY:

CITY OF BEAUMONT
By: By:

Alfred Lloyd White, Mayor
CONTRACTOR:

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EXHIBIT "A"

PROPOSAL

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EXHIBIT "B"

PROPOSAL

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Pennsylvania Avenue Grade Separation
44 Scope of Services & Deliverables
The ultimate objective is to develop grade crossing designs that improve safety and operational mobility in an efficient and cost effective manner. Wherever possible, our team will accelerate the project, reduce planning and construction costs, and shorten project timelines while not jeopardizing the project deliverables or overall outcomes. The IDC Team will perform all services required to deliver engineering approval documents for Phase 1, 2 and 3 as specified in the RFP. Likewise, we fully understand the City's desire to deliver this project using an innovative project management approach: separating out the environmental clearance work as well as the right of way clearance work from this Phase 1-3 contract. We will work closely with both the City and UPRR to select the best -fit alignment to better serve the project's objectives while complying with stakeholder require- ments. And if the City later decided to add Phase 4 to this scope of work, the IDC Team is committed and qualified to provide the City Phase 4 services for the advertisement period and during construction. Our team has a demonstrated commitment to quality client services, including but not limited to responsiveness, the ability and willingness to accommodate the City as needed, including scope of service changes.

Beyond this, our team has identified one scope of services amendment for the City's consideration: having both Pennsylvania and California crossings within less than a mile apart, with Beaumont Avenue overpass in between, our team is considering a win -win design alternative that could provide significant cost savings to both grade separation projects if they are combined together. This could also significantly minimize the impacts to UPRR rail operations, rail coordination to achieve approval documents, as well as railroad construction costs. We know that the controlling factors (for the design and construction of a new railroad bridge underpass and the associated shoofly track work) are the proposed permanent track profile and the physical constraints to maintain required horizontal and vertical clearances.

Importantly, our goal is to provide the City with a "shelf ready" project enabling the City to go after funding opportunities that will likely be made available in 2 to 3 years. Our funding expert, Wendy Li, will work closely with the City to plan ahead to ensure all available funding is taken advantage of.

PHASE 1— Engineering Concept Approval (Geometric Approval/ Project Maps)

1. Project Management: Perform project management to ensure project will be delivered as planned.

Activities include working closely with the City and stakeholders to develop baseline project scope, schedule and cost. Identify project risks and manage all risks to ensure project stays on track and within the budget.

2. Data Gathering: Gather existing relevant engineering documents, including 1-10 Pennsylvania Interchange as -built plans, geotechnical information, roadway improvement plans, and recent completed project information that are part of public records to facilitate streamline design.

3. Develop High Level Project Concept: Working with the environmental team and right of way team, based on the initial data gathering, the IDC Team will provide a high level project concept to present to the City. The concept will likely be similar to the concept presented in this proposal with updated revisions based on the City's feedback.

4. Field Review and Project Scope Development: Upon the forming of the PDT, with the updated project concept, we will meet with Caltrans and UPRR in the field to discuss project impacts to the 1-10 and UPRR tracks as well as gather information about their future plans for the affected facilities.

5. UPRR Coordination and Shoofly Design: Planning level coordination effort is critical to obtain UPRR's buy -in regarding proposed bridge type, preliminary shoofly track design proposal.

6. Survey and Base Map: Perform field surveys and develop base map for design use. Work includes horizontal and vertical control, photogrammetry mapping and DTM.

Page 27 ends

Page 1126 of 1299 ends

Pennsylvania Avenue Grade Separation

7. Preliminary Drainage Report: Lowering Pennsylvania Avenue and widening of the street will change the existing street drainage pattern. Preliminary hydrologic and hydraulic analysis will be prepared for the proposed drainage system.

8. Preliminary Geotechnical Report and Foundation Report: Preliminary Geotechnical Report will be prepared to document on -site subsurface geo condition. Roadway pavement section as well as foundation recommendations for bridges and retaining walls will be included in the Foundation Report.

9. Advance Planning Study (APS): An Advance Planning Study for the grade separation structure will be provided along with any special walls that might be needed for the project. The APS will provide bridge concept and cost estimate.

10. Engineering documents for project impacts to the 1-101 Pennsylvania Interchange: We will work closely with the City's 1-10/ Pennsylvania Interchange team for the inclusion of project impacts.

11. Preliminary Right of Way requirement: A preliminary right of way requirement map will be prepared to demonstrate right of way impact as well as to establish program level estimate.

PHASE 2 — Preliminary Engineering Services (35% Submittal)

1. Project Management: Perform project management to ensure project will be delivered as planned.

2. Prepare 35% Roadway Plans: Roadway plans that include horizontal control plans, layouts, typical sections, profiles, drainage plans, grading plans, temporary erosion control plan, utility plans, stage construction, signing and striping plan, retailing walls, street lighting, electrical plans (if needed), landscaping plans, traffic signal plan and bridge plans.

3. Design Drainage Report: Perform final drainage analysis to determine drainage system for the project.

Finalize drainage report based on the latest roadway and bridge design. Prepare drainage plan with system layout, sizing, and possible pump station design if needed.

4. Foundation Report: Update preliminary foundation report based on the result of borings. Proposed bridge foundation and retailing foundations will be included in the report.

5. Bridge Design and Bridge Type Selection Report: Bridge design will be performed using AREMA, UPRR and Caltrans design guidelines and standards. Two bridge alternatives will be prepared for consideration. General Plan and Foundation Plan, as well as planning level cost estimate, will be prepared for the Type Selection Report.

6. Railroad Shoofly Plans: A shoofly design will be prepared to set alignments after UPRR's concurrence of the preliminary shoofly conceptual design. For the purpose of this proposal, we assume the geometrics of UPRR tracks will remain unchanged. We will support the City to ensure a win -win project for the City and UPRR. We have already completed conceptual alignment alternatives and they are included in this ro osal; our team can to hit the round runnin . PIe se see • a. a 10.

PHASE 3 — Final Design Services (65%, 100%, and Final Submittal)

1. Project Management: Perform project management to ensure project will be delivered as planned.

2. Project Approvals: In order to proceed with final design, the following approvals are required:
o UPRR approvals: bridge type selection, shoofly and track design and geometrics o Caltrans approvals: 35% plan set for project within Caltrans right of way o Riverside County Flood Control District: Design Drainage Report

Page 28 ends

Page 1127 of 1299 ends

Pennsylvania Avenue Grade Separation
414
•r w w w - - w- -w •r t •r yr
PS&E Final Design Submittals:
• Title Sheet
• Alignment Control and Notes
• Typical Sections
• Roadway Removals
• Roadway Layouts
• Roadway Profiles
• Construction Details
• Drainage Plans
• Drainage Profiles
• Drainage Details
• Temporary Water Pollution Control
• Contour Grading
• Construction Area Signs
• Stage Construction and Traffic Control
• Stage Construction Profile
• Signing and Striping
• Signaling and Striping Details
• Traffic Signal Plan
• Temporary Traffic Signal
• Temporary Traffic Signal Details
• Electrical Plans
• Temporary Electrical Plans
• Utility Plans
• Landscape Plans and Details
• Irrigation Plans
• Planting Plans
• Retailing Wall Plans
• Retailing Wall Details
• Bridge Plans
• 100% Engineering Estimate
• Specifications
• Structural Independent Check Calculations per
Caltrans guidelines
PHASE 4 — Construction Bidding! Construction Engineering Support If the City determines that there is a need to include this phase work in the Phases 1-3 contract, the IDC Team is committed to providing the City after design support services during the advertisement period and during construction.

1. Project Management: Perform project management to ensure project will be delivered as planned.

2. Design Support
o Perform timely response to all bidding inquires (bid assistance) o Prepare addendum if required (bid assistance)
o Work closely with the Construction Management Team during construction to provide design clarifications as well perform design in addressing Contract Change Orders (construction engineering support)
o Attend meetings as required by the City, including preconstruction meeting, and on as needed basis (construction engineering support)
o Prepare as -built plans as required to clarify design (construction engineering support) Not awarded at this time

Page 29 ends

Page 1128 of 1299 ends

66Z L 10 6Z L L

PENNSYLVANIA AVENUE GRADE SEP ARATION
C ontra ct Number
Firm:

WORK DESCRIPTION
FEE PROPOSAL FOR PHASE 1, 2 & 3
Reviewed By:

PREPARED BY:

WL
DATE: 1!2212018
W ES
N O.

SUB -TASK DESCRIPTION

LABOR HOURS
T ot al Hour s
Role
Sr. Pr oject Manager
Sr . Bridge Design Lead
Project E ngineer 3
Structure E ngi ne er 2
Design Engi neer
Assistant Proje ct
Manager
E ngineering Tech nician
(CADD)
Administration !
Acco unting
0 PHASE 1 - GEOMETRIC APPROVAL IPROJECT MAPS
454
102
40 110
16 30
80 60
16 Research and Data Gathering
40 20
40 0
10 20
30 Perform PNlecl Management and Agence Cwdinali on Activities 40 40
16 Bridge and Retailing Wall Concert Development
2 20
30 0
20 60
30 Preliminary Rgect Estimate Deverq,nent
12 R uled Risk Management Plan Develocment
8 PHASE 2 - PRELIM INARY ENGINEERING SERVICES (35%)
424
102
40 80
16 30
80 so
16 Research and Data G athering
40 20
40 8
10 20
30 Perform Pr u ect Management Activities
40 _
16 Prelimina ry Struc ture Design [bridge a nd walls!
2 20
40 0
20 00
30 Prelimina ry Estimate :bridge and walls,
12 Prefect Risk Management
8 TOTAL LA BOR HOURS
878 _
204 _
_ 80 _ _
_ 190
32 60 _
160
120_
32 0
0 0
0 RATE )$1HR)
$88.50
$88.50
$64.50
$44.20
$40 .00
$40.00
$45.00
$25.00
LABO R C OSTS 1$)
$18,054
$7,080
$12,255
.$1,414
$2,400
$6,400-
05,400
$800
See Belo w
$0.
$0

EXPENSES
COMMENTS ASSUMPTIONS:

I1) En viromental services is not part of the scope.
2) Right of Way services is not part of the scope .
3) City is to pr ovide all field surveys, gr ound contr ol, phot ogrammectric mapping and digital tertian m odeling (DTM). Mapping inform ation provided should be conf orm to C afra ns and UPRR requirements. 4) Right of Way e ngineeri ng (right of way mappi ng, aq uisitati on maps, appraisal maps, legals and plats) is provided as an option scope.

ITEM(S)
Unit of M easure

QUANTITY

UNIT PRICE

TOTAL PRICE
Printing and Reprodu ction
LS
• 1
$5,900.00
$s,000.00
Co mpu te r
Flour
$0.00 .

Vehicle Ewanses
$0.00
Mileage
M iles
7200.
$0.54
$3,086.00
Gro und Transportation (TreiniCab)
Each
$0.00
Auto Parking
Each
Deliv ery Services
Each
6 $60.00-
$360.00
Communications
Ea ch
$0. 00
Al, Travel
Each
$0.00
Tave l and Pe r -Die m Co sts
Ea ch
$0 00
DIRECT LABOR• OVERHEAD 0 144 .00% PROFIT@ 10 %
$144,408
_ $0.00
T otal H ours an
TOTAL EXPENSES: $9,240

FIRM'S TOTAL DIRECT EXPENSES
514,441
SUB -CON TRACTORS:

SUBCO NSULTANT
$ 458,734:50
FIRM:

TRC
-
$230,050
TO TAL ESTIM ATED COST _
$617,584
MOFFATT 8 NICHOL
0135,391

DEA - LANDSCAPE
$50,753

DES -SURVEY
$1,615
EMI • GEOTECHNICAL
$24,700

EMI - ADL
516,226
Sul Cons ultants To tal
$450,735
AM OUNT:
$0
$0
$0
$0
$0
$0
To tal Fee 0
$617,58 4
Note s in filling o ut the co st pro posal:

Page 1 ends

IDC

66Z I. 40 0£ I- I- abed
Pennsylvania
A venue Grade Separation - City of Beaum ont
COST PROPOSAL - PHASE 1 AND 2 ONLY
Contract No . :

Firm: TRC S olutions
Bridge II TASK DESCRIPTION:

Reviewed By:

N .Suydam
DATE: 2,5/2018
EA NO:

PREPARED BY:

R. r+ Jrron
DATE: 2/512018
WBS
NO .

SUB -TAS K DESC RIPTION

LABOR HOURS
Total Hours
Role
to
a
e 1d
d
kc
g
o
4 �mm
.w
A/QC Manager
w e
5I
N W
Design Engi neer
A'
O
C AD Lead
admin. Staff
Raja
Norm
Ri ch
Ehsa n
Leslie/Kevin
Marlin`
Danny
Glen n
Rose
PHASE 1 -GEOMETRIC APPRO VAL /PROJECT MAPS
0 Geometric Layouts
190
6 48
8 64
32 32
Ri• 7Mof-Wa y Requirements Maps
46 2
8 4
16 8
8 Area of Potential Impacts
30 2
8 4
8 4
4 SUBT OTALS
266
10 64
0 16
88 44
0 44
0 PHASE 2 - PRELIMINARY ENGINEERING SERVICES I35%I
0 _
Coordination
50 2
24 24
Resea rch
0 Design Survey Not by TRC
0 Geotechnical Repo! N ot by TR C
0 Base Map
92 .
8 4
8 8
32 32
Structures No t by TRC
0 Roadway
884
4 96
96 16
192
144
144
192
Electrical Not by TRC
0 Utilities N ot by TR C
0 Cost Estima te
48 8
8 8
8 8
8 SUBTOTALS
1074
6 136
96 28
208
160
184
232
24 PHA SE 3 - FINA L DESIGN SERVICES (65%, 100% , FINAL) 0 Coordination
0 Re search
0 Design Surve y N ot by TRC
0 Geotechnical Repo! N ot by TR C
0 Base Ma p
0 Structures N ot by TR C
0 Roadway
0 Electrical N ot by TR C
0 Utilities N ot by TRC
0 Cost Estimate
0 SUBTOTALS
0 0
0 0
0 9 _
0 0
0 0
PHASE 4- CONST. BIDDING / CONST. ENGINEERING SUPPORT
0 Bid A ssistance
0 _
Construction Engineering Support
0 i_
Record Drawings
0 SUBTOTALS
0 0
0 0
0 0
0 0
0 0

TOTA L LABOR HOURS
1340
16 200
96 44
296
204
184
276
24 0
u
0 LOADED RA TE ($IHR)
$322.40
$284.30
$263.79
$263.79
$161.20
$131.89
$117.24
$117.24
$87.90
LOADED LABOR COSTS ($)
$229,619
$5,158
$56,860
$25,323
$11,607
$47,716
$26,906
$21,572
$32,358
$2,110
$0
$0

EXPENSES
COM MENTS/ASSUMPTIONS:
1)

ITEM (S)
Unit of Measure

QUANTITY

UNIT PRICE

TOTAL PRICE
Printing and Reproduction by Prime
Each
$0.00
Computer _ N on e
Ho ur
$0.00
V ehicle Ex penses
$0.00
Mileage Non e
M iles

00.00 Ground Trans porta tion (Train/Cab) None
Each
$0 .00
Auto Parking N one
Each
$0.00
Delivery Services by Prime
Each
$0.00
Communications N one
Eac h
$0.00
Alr Travel N one
Each
$0.00
Travel and Per -Diem Co sts N one
Each
800
$0.55
$440.00
$0.00

DIRECT LABOR
+ O VERHE AD @ 166% , PROFIT @ 10%
$229,610
$0. 00
Total Hours 1,345
TOTA L EXPENSES: $440

FIRM'S TOTAL DIRECT

EXPENSES
$440
SUB -CONTRACTORS:

SUBCONSULTANT
0%
$0
FIRM:

TRC SOLUTIONS

TOTAL ESTIMATED
COST
$230,050
AM OUNT:
$230,050
$0
$0
$0
$0
$0

YEARLY ESCALATION
TO MID -YEAR OF DESIGN 0

Page 2 ends

TRC Solutions

66ZI-1° I -£I-1.

PENNSYLVANIA AVENUE GR ADE SEP ARATION
Contract N o.:

Firm: Moffatt & Nichol
WORK DESCRIPTION FEE PROPOS AL FOR PHASE 1. 2 & 3: Railroad Engineering Track Design and Coordi nati on Services Reviewed By:

EA NO:

PREPA RED BY:

DATE: 1/22/2018
WBS
NO.

SUB -TASK DESCRIPTION

LABOR HOURS
Total H ours
Role
ailroad Task
Manager
Rail Engineer
Civil Engineer
Desig n
Engi neer
CADD Designer
Phases 1, 2, & 3
Prolect Management and PDT Meetings
76 46
30 0
0 0
Shoo fly Track Exhibits - T one Selection Supp ort (2 alternatives! 126
8 30
81 40
40 Railroad and CPUC Coordination
00 40
40 0
0 0
Conceptual Railroad Construction Phasing Plans (2 alternatives) 158
10 40
8 50
50 CPUC Field Dia gnostic Meeti ng
16 8
8 0
0 0
Preliminary Engineering Design 135 % I Submittal
298
10 42
24 60
160
0 0

TOTAL LABOR HOURS
752
122
190
40 150
250
0 0
0 0
b
0 0

LO ADED RATE (S/HR)
$300 .00
$250.00.
$185.00
$142.00
$85 .00
LABOR COSTS ($)
$36,600
$47,500
$7,400.
$21,300
$21,250
$0
$0
$0
See Bdlovv
00 $0

EXPENSES
COM MENTS ASSU MPTIONS:
1) All Agreements by o hers .
2) No draft submittals. Total of 4 final/formal desig n submittals . 3) PDT meetings/calls p er estimated hours .
4) Co ordination Service s ar e ba sed on Tim e a nd Material (T & M) .

ITEM(S)
Unit of Measure

QUANTITY

UNIT PRICE

TOTAL PRICE
Printing and Reproduction
Each
.$400.00
Computer
Hour
$0 .00
Vehicle Expenses
$0.00.

M ileage
Miles
600
$0.55
$330.00
G round Transportation 'Train/Cab,
Ea ch
$0.00
Auto Parking
Each
$0 .00
Delivery Services
Each
$0 .00
Co mmunications
Each
$0 .00
A ir Trave l
Each
$0.00 .

Travel a nd Per -Diem Cos ts
Each
$0 00
$0.00
$134,050
$0.00
Total H ours 752
TOTAL EXPENSES: $730

FIR M'S TOTAL DI RECT EXPENSES
$1,341
SUB -CONTRACTORS:

SUBCONSULTANT 0%
$0.

FIRM :

TOTAL ESTI MATED COST .
$135,391.

AMOUNT:
$0
$0.
$0
$0
$0
$0
YEARLY ESCAL ATION TO MID -YEAR OF DESIGN 0
Notes in filling out the cost proposal:
1 .122847875

Page 3 ends

66ZI-JOZ£ 1.

PENNSYLVANIA AVENUE GR ADE SEPARATION

CONTRACT NUMBER
FIRM D avid Ev ans and As sociates,
Inc .
,
WORK DESCRIPTION FEE PROPOS AL FOR PHASE 1, 2 & 3 - Landscape Reviewed By:

EANO:

PREPARED BY:

LIATL: 1/22/2018
W BS
NO.

SUB -TASK DESCRIPTION

LAB OR HOURS
Tot al H our s
Rol e
Senior
Landscape
rchit ect
Pr oject
La nds cape
rchitect
La ndscape
Designer
rrigati on
Design er
L and scape
Architecture
C add
La ndscape
Architecture
Graphic s
Administration
Acc ou nti ng
Project Coordination I Data Collection
58 20
12 10
16 PrLolecl Meetings (4 PDT meetings, 3 Ag en= , meetingsi 32 20
12 Ae sthe tics and Conc eptual Plans
246
28 16
40 40
40 80
2 0
0 0
0 0
0 TOTAL LABOR H OURS
326
68 40
40 50
40 80
18 0
0 0
0 0
LO ADED RATE ($MR)
$67.00
$48 .00
$34 .00
540.00
528.00
$27 .00
$32.00
_ LABOR COSTS (5)
$4,556
$1,920
$1,360- $2,000
$1,120
$2,160
$576
$0
See Below
00 $0

EXPENSES
COMMENTS/ASSUMPTIONS:
1)

ITEM(S)
Unit of M easure

QU ANTITY

UNI T PRICE

TOTAL PRICE
Printing and Reproductio n
LS
1 $300.00
$300 .00
Computer
Hour
$0 .00
Ve hic le Expenses
$0.00
Mileage
Miles
1500 •
$0.54
$810.00.

Ground Transportation (Train/Cab.

Each
$0.00
Auto Parking
Each
$0.00
Deliv ery Servic es
Each
4 $60.00
$240:00
Communications
Ea ch
$0 .00
Air Trav el
Each
$0 .00
Travel an d Per -Die m Coats
Each
$000
Artist
LS
1 $8,000 .00

DIRECT LAB OR
+ OVERHEAD La 174.90% , PROFIT @ 10%
$41,403
$0 .00
T otal Hours
116
TOTAL EXPENSES: $9,350

FIR M'S TOTAL DIRECT

EXPENSES
$9,350
SUB -CONTRA CTORS:

SUBCONSULTANT
0%
$0.

FIRM :F
I

TOTAL ESTIMATED
COST
$50,753
AMOUNT:
$0
$0
$0
$0
$0
$0

YEARLY ESCALATION
TO MID -YEAR OF DESIGN 0
Notes in filling out the cost proposal:

Page 4 ends

IDEA L

66Z L 10 ££ L L

PENNSYLVANIA AVENUE GRADE SEPARATI ON
Contract Number
Firm: David Eva ns and Asso ciates,
Inc.
,
Bridge # TAS K DESCRIPTION: S ur veying
R evi ewed By:

EA NO:

PREPARED BY:

D ATE: 1/22/2018
WBS
N O.

SUB -T ASK DESCRIPTION

LABOR HOURS
T otal H our s
R ole
rpa
`i
W 2
Sr Survey
Analyst
Survey Analyst
O
Q
U
r

m
I ,.
a
a
at
> r
•r n(-)
Surv ey
lnstrume ntman
Administratio n
I Accounting
Project Coordination
10 4
1 1
1 1
2 Survey Control
0 0
0 0
0 TOTAL LABOR HOURS
10 4
1 _ 1
0 1
1 2
0 0
0 0
0 L OADED RATE ($lHR)
$67 .00.
$56.30
$47 ,80
$35.00
$50 .43
$48.01
$31.70
LABOR COSTS ($)
$268
$56
$48,
$0
$50
$48
$63
$0
See Below
$0
$0

EXPENSES
C OMMENTS ASSU MPT ONS:
1) City is to provid e all field s ur veys, ground contr ol, photogrammectric mapping and digital terrian modeling (DTM). Mapping information provided sho uld be conf orm to Caltrans and UPRR requirement s.

ITEM(S)
Unit of Measure

QUANTITY

UNIT PRICE

TOTAL PRICE
Printing and Reproduction
LS
$0.00
Computer
Hour
$0.00
Vehic le Expe nses
$0.00 .

Mileage
Miles
0 $0.54
$0.00
Ground Transportation (Train/Cab)
Each
$0.00.

Auto Parking
Each
$0.00
Delivery Servic es
Each
$0.00
Communications
Each
_
$0 .00
Air Travel
E ach
$0 .00
Travel and Per -Diem Costs
Each
$0 00
3D Lase r Sca nne r
Day
0 $625 .00
$0.00 .

DIRECT LABOR o OVERHEAD @ 174 .90% , PROFIT @ 10%
$1..615
$0.00
T otal Ho ur s 10
T OTAL EXPENSES: $0

FIR M'S TOTAL DIRECT EXPENSES
$0
SUB -CONTRA CTO RS:

SUBCONSULTANT 0%
$0
FIRM :

Digital Mapping Inc. - Aerial M apping
I

TOTAL ESTI MATED C OST
$1,61 5
AMOUNT:
$0
$0
$0
$0
$0
[ _
YEARLY ESCALATION TO MID -YEAR OF DESIGN 0
Notes in filling out the cost proposal:

Page 5 ends

DEA

66Z I- 10 17£L L

PENNSYLVANIA AVENUE GRADE SEP ARATION
Co ntract N umber
Firm: Earth Mechanics, Inc
r
Br! ge # I TASK DESCRIPTION:

Reviewed By:

EA NO: I 1.

PREP ARED BY:

DATE: 1/22/2018
WBS
NO.
•

SUB -TASK DESCRIPTION

LAB OR H OURS
Total Hours
R ole
Geote ch.

Principal/Pr oje
ct Manager
Se nior
E ngineer
Proj ect
Enginner
Sta ff Engineer
Sr . Technician
a
t.:

U
Permitting
8 4
4 Coordination and Field Work
17 8
8 1
Statistical Analnsls
23 1
2 16
4 Report
19 1
2 16
0 0
0 0
0 _
0 0
0 T OT AL LABOR H OURS
67 2
4 12
36 12
1 0
0 0
0 0
0 LOADED RATE (E/HR)
$82.00
$60.00
$42.05
$37.50
$37.50
$31.00
LABOR COSTS ($)
$164
$240
$505
$1.350
$450
$31
$0
$0
See
Below
$0
$0.

EXPENSES
tCOMMENTS/ASSUMPT ONS:
1) See att ached sc ope of work including assumpti ons.

ITEM(S)
Unit of Measure

QUANTITY

UNIT PRICE
TOTAL PRICE ]
Printing and Re pro duc tion
Each
1 $50.00
$50.00 1
Drill Rig
Each
1 $3500 .00
$3,500 .00
Ve hicle Expens es
$0.00.

Mileage
Miles
$0 .00
Ground Transportation (Train/Cab)
Each
$0.00
Auto Parking
Each
$0.00
Traffic Contro l
Each
1 $1,500.00
$1,500 .00
La bo rato ry Soil Testing
Each
1 $3,000.00.
$3,000.00
Air Trav el
Each
$0.00
Travel and Per -Diem Co sts
Each
$0.00
i
$000
DIRECT LABOR -1. OVERHEAD @ 171 %
, P ROFIT @
10%
,
F
_
Total Hour s 67
TOTAL EXPENSES: $8,050$0.00

FIR M'S TOT AL DIRECT EXPENSES
$8$8 ,050
SUB -CO NTRA CTORS:

SUBCONSULTANT
0%
$0176
FIRM :

T OTAL ESTI MATED COST
$16,226
AMOUNT:
$0 _
$0
$0
$0
$0
$0

YEARL Y ESCALATI ON TO MID -YEAR OF DESIGN
0 Notes in filling out the cost proposal:

Page 6 ends

EMI -ADL

66Z 40 5£ I- I- abed

PENNSYLVANIA AVENUE GRADE SEPARATION
Contract Numb er
Firm: Earth Mechani cs, I nc.

Bridge # r TASK DESCRIPTION:

R eviewed By:

EA NO:

PREP ARED BY:

D ATE: 21512018
WBS
NO.

SUB -T ASK DESCRIPTION

LAB OR H OURS
Total Hours
Role
Geotech .

PrincipallProje
ct Ma nag er
m
0 d
O c
O D)
A W
COC
Pr oject
Engi nner
Staff E ngineer
r. Technicia n
Clerical
2 Structure Preliminary Geotechnical Reports!SPGRsl
64 16
S
40 0
0 v
Prelim inary Materials Report IP MRI
40 12
4 24
District Preliminary Ge olechnical Report IDPGRI
48 12
4 32
0 0
0 0
0 0
0 0
I-
0 TOTAL LABO R HOURS
152
40 16
96 0
0 0
0 0
0 0
0 0.

LOADED R ATE ($/HR)
$82.00
$60 .00
$42 .05
$37.50
$37 50
$31.00
LABOR COSTS ($)
$3,280
5960
54,037 _
$0
$0
$0
$0
$0
See Below
$0
$0

EXPENSES
17591151
Unit of Measure
QUANTITY_

UNIT PRICE

TOTAL PRICE
C OMMENTS/ASSU MPTI ONS:
1) See attached sc ope of work including assumptions.
—
Printing a nd Re produ ction
Each

$0.00
$0 .00
Drill Rig
Each
0 $0 .00
Vehicle Expenses
$000,.

Mileage
Miles
$0.00
Ground Tra nsportation I TrainrCabl
Each
$0 .00
Auto Parking
Each
$0.00
Traffic Control
Each
$0.00
Laboratory Soil Testing
Each
$0.00'
Air Travel
Each
$0.00
Trav el and Pe r -Diem Costs
Each
$000
$0.00
DIRECT LA BOR • OVERHEA D a 171 % , PROFIT(@ 10%
$24,70 0
$0.00
Total H ours 152
TOTAL EXPENSES: $0

FIRM'S TOTAL DIRECT EXPENSES
$0
SUB -CONTRA CTORS:
—
SUBCONSULTANT 0%
$0
FIRM :'

TOTAL ESTIMATED COST
$24,700
AMOUNT:
$0
$0
$0
}I
$0 1
$01
$0
YEARLY ESCALATION TO MID -YE AR OF DESIGN 0
No te s in filling out the cost pro posal:

Page 7 ends

EMI - Geotech Reports

DATE: August 29, 2018
FROM: AMER JAKHER, P.E.,PUBLIC WORKS DIRECTOR/CITY ENGINEER

CITY OF BEAUMONT
TO: IDC CONSULTING ENGINEERS, INC.

PUBLIC WORKS DEPARTMENT
CONTRACT AMENDMENT No. 1
Pennsylvania Ave Grade Separation Remaining Project Survey INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE CITY ENGINEER:

These modifications are based upon site requirement for the completion of the project.

Item No. Description
1 Pennsylvania Ave Grade Separation
Remaining Project Survey
TOTAL AMOUNT OF AMENDMENT # 1

CONTRACT AMOUNT RECONCILLATION

CONTRACT AMOUNT
CHANGE AMENDMENT NO. 1

1.00 EA $ 12,500.00 $
12,500.00
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 =
SUB -TOTAL= $ 12,500.00
$ 12,500.00
$ 617,584.00
$ 12,500.00
$ 630,084.00
The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #

1. The Contractor agrees to furnish =III labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all daims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
9/(y,
AMER JAK. ' BLIC WORKS DIRECTOR/CITY ENGINEER DATE
TO ■ - • R 0 , CITY MAN GER
IDC CONSULTING E r ` ER , INC.
`;
ATE
9 6,8
DATE

Page 1136 of 1299 ends

+ IDC Consulting Engineers, Inc.

NIF Certified SBE/UDBE/DBEM BE
Chris Sorensen
Assistant Engineer - Public Works
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
RE: Pennsylvania Grade Separation — Change Order
Dear Chris,
300 S. Harbor Blvd., Ste. 710
Anaheim, CA 92805
[email protected]
(714) 520-9070 Main
(714) 520-9068 Fax
www.idcengineers.com
This change order will include the survey needed for the shoofly tracts allowing the railroad to detour its alignment around the project site. This will also include the survey for the proposed east bound off ramp and east bound on ramp re -design and alignment.

The total cost for said change order will be in the not to exceed amount of $12,500.00.

Thank you,
Wendy Li, P.E.

Principal, IDC Consulting Engineers, Inc.
300 S. Harbor Blvd., Ste. 710, Anaheim, CA 92805
[email protected] / 909-451-1338 (Direct)
300 S. Harbor Blvd., Suite 710, Anaheim, CA 92805
www.idcengineers.com (714) 520-9070 Main (714) 520-9068 Fax

Page 1137 of 1299 ends

Item 16.

SECOND AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND IDC CONSULTING ENGINEERS, INC. FOR PROFESSIONAL ENGINEERING

SERVICES FOR PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT (CIP 2017-012)

THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the day of , 2022, by and between the CITY OF BEAUMONT, a general law city, ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and IDC CONSULTING ENGINEERS, INC. whose address is 300 S. Harbor Blvd.. Suite 710. Anaheim, CA 92805 ("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 June 19, 2018, the City and IDC CONSULTING ENGINEERS. INC., entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor" for ENGINEERING SERVICES FOR THE PENNSYLVANIA AVENUE GRADE SEPARATION PROJECT ("Agreement").

B. City has requested a further change in scope to the work under the Agreement regarding engineering services and bringing the project to "Ready to List" status and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated July 12, 2022, a copy of which is attached hereto as Exhibit "A", and incorporated herein by this reference.

2. AMENDMENT
Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit "A".

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous Amendments, compensation was set at six hundred thirty thousand, eighty four dollars ($630,084). Per this Second Amendment, compensation is increased by the maximum amount of one million, two hundred ninety four thousand, eight hundred forty nine dollars ($1,294,849) as provided in the Proposal attached hereto as Exhibit "A" resulting in total compensation under the Agreement not to exceed one million, nine hundred twenty four thousand, nine hundred thirty three dollars ($1,924,933). 266

Page 1138 of 1299 ends

Item 16.

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: CONTRACTOR:

CITY OF B UMONT
By:

Lloyd hite, Mayor
ATTEST
City Clerk

APPROVED AS TO J ORM
John f hey, City Attorney
IDC CONSULTING ENGINEERS, INC.

By:

Print Name: Wendy Li, P.E.

Title: Principal
Approved by City Council on July 19, 2022
267

Page 1139 of 1299 ends

Pennsylvania Avenue Grade Separation
Scope of Services & Deliverables
Updated July 12, 2022
On July 18, 2017, City Council authorized a Request for Proposal (RFP) for the Pennsylvania Avenue Grade Separation project. The Scope of Services included in the RFP include the following three phases:

Phase 1 — Geometric Approval / Project Map
Phase 2 — Preliminary Engineering Services (35% Submittal) Phase 3 — Final Design Services (65%, 100%, and Final Submittal) Phase 4 — Construction Bidding / Construction Engineering Support — Optioned out after the contract award.

On June 19, 2018, City Council awarded a consultant contract to IDC Consulting Engineers, Inc. (IDC) to provide engineering design services for the Phase 1 and Phase 2 of the Pennsylvania Avenue Grade Separation project.

By May of 2019, IDC completed much of the Phase 1 and Phase 2 components include 35% submittals and draft UP rail line shoofly design. Below are list of the remaining scope of services to complete bid ready design.

PHASE 1 — Engineering Concept Approval (Geometric Approval/ Project Maps)

1. Project Management: Perform project management to ensure project will be delivered as planned. Activities include working closely with the City and stakeholders to develop baseline project scope, schedule and cost. Identify project risks and manage all risks to ensure project stays on track and within the budget. — 100% completed.

Page 27 ends

Page 1140 of 1299 ends

e,
Pennsylvania Avenue Grade Separation

5. UPRR Coordination and Shoofly Design: Planning level coordination effort is critical to obtain UPRR's buy -in regarding proposed bridge type, preliminary shoofly track design proposal. — 50% completed

6. Survey and Base Map: Perform field surveys and develop base map for design use.

Work includes horizontal and vertical control, photogrammetry mapping and DTM. — 100% completed

10. Engineering documents for project impacts to the 1-10/ Pennsylvania Interchange: We will work closely with the City's 1-10/ Pennsylvania Interchange team for the inclusion of project impacts. — 50%

11. Preliminary Right of Way requirement: A preliminary right of way requirement map will be prepared to demonstrate right of way impact as well as to establish program level estimate. — 100%
PHASE 2 — Preliminary Engineering Services (35% Submittal)

3. Design Drainage Report: Perform final drainage analysis to determine drainage system for the project. Finalize drainage report based on the latest roadway and bridge design. Prepare drainage plan with system layout, sizing, and possible pump station design if needed. — 20%

4. Foundation Report: Update preliminary foundation report based on the result of borings. Proposed bridge foundation and retailing foundations will be included in the report. — 30%

Page 28 ends

Page 1141 of 1299 ends

Pennsylvania Avenue Grade Separation

6. Railroad Shoofly Plans: A shoofly design will be prepared to set alignments after UPRR's concurrence of the preliminary shoofly conceptual design. For the purpose of this proposal, we assume the geometrics of UPRR tracks will remain unchanged. We will support the City to ensure a win -win project for the City and UPRR. — 50% PHASE 3 — Final Design Services (65%, 100%, and Final Submittal)

2. Project Approvals: In order to proceed with final design, the following approvals ,maybe required:
• UPRR approvals: bridge type selection, shoofly and track design and geometrics • Caltrans approvals: 35% plan set for project within Caltrans right of way • Riverside County Flood Control District: Design Drainage Report PS&E Final Design Submittals:
• Title Sheet
• Alignment Control and Notes
• Typical Sections
• Roadway Removals
• Roadway Layouts
• Roadway Profiles
• Construction Details
• Drainage Plans
• Drainage Profiles
• Drainage Details
• Temporary Water Pollution Control
• Contour Grading
• Construction Area Signs
• Stage Construction and Traffic Control
• Stage Construction Profile
• Signing and Striping
• Signaling and Striping Details

Page 29 ends

Page 1142 of 1299 ends

Pennsylvania Avenue Grade Separation
• Traffic Signal Plan
• Temporary Traffic Signal
• Temporary Traffic Signal Details
• Electrical Plans
• Temporary Electrical Plans
• Utility Plans
• Landscape Plans and Details
• Irrigation Plans
• Planting Plans
• Retailing Wall Plans
• Retailing Wall Details
• Bridge Plans
• 100% Engineering Estimate
• Specifications
• Structural Independent Check Calculations per Caltrans guidelines

Page 30 ends

Page 1143 of 1299 ends

PENNSYLVANIA AVENUE GRADE SEPARATION
Cenlraetgumber
PIM: • 14h we consulting Engineers, inc.

WORK DESCRIPTION FEE PROPOSAL FOR PHASE 1. 2 & 3
Reviewed By: 1
PREPARED BY: NIL DATE: 7/1012022
RIBS
NO.

DESCRIPTION

LABOR HOURS
Tate! Hours
Role
Sr. Project Manager
Sr. Bridge Design Lead
li
2 T
WIT
6 1SUB-TASK
f.

E
N
Design/Civil Engineer
Assistant Project
Manager
O G
H D
5,
Administration /
Accounting
—

PHASE I- GEOMETRIC APPROVAL IPROJECTIIAPS
Mr
151
e0
129
51 179
80 171
16 Research and Data 0.0100•C
32 36
93 13
45 20
43 PerrannProject Management and Agency C1Nballon A0Mlles 16 8
ariRAn and Retailing WA Camn•O[Devel9CmeM
40 44
SE
9i
134
60 126
Preliminary Project Eslknale Develogmem
6 Project Rhk Management Plan Development
13 PHASE 2 - PRELIMINARY ENGINEERING SERVICES (35%)
1847
99 35
260
252
252
SO 3W
16 Research end Data Galheri,
20 8
65 63
65 20
44 Perform Prided Management AcOvllbs
20 10
16 Prellmlla000tnmcture Dee ROA andwallal
40 20
195
189
103
u0
300
Preliminary Estimate (bridge and welst
6 Pmlecl Ask Management
13 PHASE 3 -FINAL DESIGN SERVICES (65%,100%, FlNAL)

54.1 117
110

1518
852
962
118
1071
30 Research and Data Gathering
21 20
63 73
20 370
Perform Preloet Management ACYviOes
80 50
30 65% and Pma SUucbre/Dail /Drainage Design
60 1380
800
800
Y
652
5601880dng Estimate
30 35
40 4D
40 80
Englnee6ng Spenfca6o0
8 66
49 49
a
71 Project Risk Management
8 T'O R6

1.924
...14
f
1194
144500
2'71
1 v i
-
n
g
.,
ern WM/
690.50
5(010
SA m 6111
61lm
V51n
M1' 50
18118
10110. 606:011)
541110
12,102
$100,20,
994701
5028,1
1129 r0
IN 454
_
5! 5 I
Sn

EXPENSES
AEM(S)
Unit of Manure

QUANTITY

UNIT PACE

TOTAL PRICE
'COMMENTS ASSUMPTIONS:

I7) Fee updated from 2018 fee proposal.
2) The Fee Is based on Janurary 2018 fee schedule ($1,656,955) end hold three years (2027, 2018, 201% and escalated from 2020, 2021 and 2022.
3) The Fee include $6000 additional survey for finalising design that Inc odes sheefly and dreinge design. —
Printing and Reproduction
1s
1,10004
P' 00000
Cone: n sr
Hour
Intl
0051010 Expenses
So 00
Agee,
Mills
.'0`
14 -14
6T�M
$00'1
Ground Trenapodalbn (TreiniCab)
Each
Auto Par0np
Each
50 n0
Delivery Services
Each
•
16881
t
Commun804om
Each
SOn0J
$004/Ill
LEVI
Alr Travel
Esc),
Trevel end Per -Diem Coact
Each
_
_
DIRECT LABOR 0EAI O0ADO 150.00% PROFIT 10%
SUN
WV.

Total Hours 7,515
.Tnn
TOTAL EXPENSES: $9,248'

FARTS TOTAL OIOECT EXPENSES
19100
lest-GOAr11C10NX

SUSCONSULTANS
1 58 4x.1
ARM
TRC
6280,051

TOTAL ESTIMATED COST
$1.1r581,4.1110
NOFFAIT 6 NU:HOL Rag Alignment Melon and COordnODon)
$333,000

OEA-LANDSCAPE
591,610
El
S9PyEy
$60,000
EMI -GFO1 L FHNICAL
$116,000

EMI -ADL
517,758
Sub Consult:Ma TaM
1 WOW*
A/SOUM:

SO
SO
SO
$0
50 00
SO
Toren Fee 0
A.104111

Page 1 ends

IDC July 2022 final

Page 1144 of 1299 ends

BEAUMONTA C A L I F O R N I
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions 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 contribution to disclose the contribution on the record of the proceeding.

Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):

X NO

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):

X NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
8/27/2024
Date Signature of authorized individual
IDC Consulting Engineers, Inc.

Company/Applicant Name
City of Beaumont 1 550 E. 6th Street, Beaumont, CA 92223 1 (951) 769-8520 1 BeaumontCA.gov

Page 1145 of 1299 ends

BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Robert L. Vestal, Director of Public Works
DATE: October 1, 2024
SUBJECT: Amended and Restated Agreement with Moffatt Nichol for the Pennsylvania Avenue Grade Separation Project (CIP 2017-012) Description Award an amended and restated professional services agreement to Moffatt Nichol to complete the environmental documentation for the Pennsylvania Avenue Grade Separation Project (CIP 2017-012). Strategic Plan Target #2- Infrastructure/Projects/Traffic; Priority Level 1; Goal #4 — Develop Penn Grade Separation.

Background and Analysis:

On December 19, 2017, the City approved a Professional Services Agreement with Moffatt Nichol (M&N) in the amount not to exceed $295,523 for environmental documentation services that covered the following three projects along Pennsylvania Avenue:
• Pennsylvania Avenue Interchange (CIP 2017-001)
• Pennsylvania Avenue Widening (CIP 2017-009)
• Pennsylvania Avenue Grade Separation (CIP 2017-012)
On January 2, 2019, the City Council approved Amendment #1 in the amount of $51,618. This amendment provided regulatory permitting and MSHCP services for the three projects.

On February 2, 2021, the City Council approved Amendment #2 in the amount of $64,528. This amendment provided additional regulatory permitting funds for the Pennsylvania Avenue Widening project due to updated environmental regulations and requirements.

On November 15, 2022, the City Council approved Amendment #3 in the amount of $144,705. This amendment added funds to the Pennsylvania Avenue Grade Separation project to comply with the National Environmental Policy Act (NEPA), which is required to receive federal grant funds.

Page 1146 of 1299 ends

On December 5, 2023, the City Council approved Amendment #4, which unencumbered the remaining funds for the widening and interchange projects and extended the contract for the grade separation project for one year.

Current Status of Project
A summary of the current project environmental documentation status is as follows:
• CEQA — The CEQA process is complete, and a notice of exemption was filed with the County in August of 2022.
• NEPA — Technical studies are at 80% complete and are being reviewed by Caltrans as the lead agency. Regulatory permitting will begin after the technical studies receive final approval.

New PSA
No additional funds are needed at this time to complete the environmental work.

However, the existing contract is set to expire on December 19, 2024, and cannot be extended.

Per Beaumont Municipal Code Chapter 3.02.070 — Term of Professional Services, the term of any professional services contract awarded shall be a maximum of five years, with two one-year renewals, subject to City Council approval.

Based on the City Attorney's guidance, City staff recommends awarding Moffatt Nichol an Amended and Restated Agreement. An Amended and Restated Agreement consolidates and replaces the previous PSA and subsequent amendments, creating a new, integrated, and updated agreement.

City staff is recommending issuing the Amended and Restated Agreement per Beaumont Municipal Code Chapter 3.02.050(c.)— Exemptions to competitive procurement procedure, which states, "Upon obtaining approval from the City Council, the Purchasing Officer may engage services of a professional firm or individual without complying with the competitive procurement procedures in the following circumstances:

C. Public exigency or emergency will not permit delay"
Public exigency is needed to avoid serious financial harm to the City. Award of an Amended and Restated Agreement allows the current environmental consultant to complete the design, avoids costly delays, and prevents the City from missing upcoming opportunities for federal funding.

Page 1147 of 1299 ends

Fiscal Impact:

The cost of preparing the staff report is estimated to be $600.

No additional funds are being requested. The amount for the amended and restated agreement is $86,989.

A summary of the current project accounting is provided in the following table for reference.

CIP 2017- 012 Pennsylvania Avenue Grade Separation Project Funding Summary
Estimated Total Project Budget= $77,883,900
Current Project Budget= $8,678,556

DIF - R&B,
$5,178,556 , 7%
Unfunaed Amour
$69,205,3aa Rc
DIF - Rail,
$1,500,000 , 2%
General Fund,
$2,000,000 , 2%
CIP 2017- 012 Pennsylvania Avenue Grade Separation Project Budget Summary
Pro'ect
Component
Est. Total
Budget
Current
Budget
Paid to Date
Remaining
Budget
,graleirit,Vanageragag
$78,500
$78,500
$(8,476)
$24
Preliminary Services
$7,400
$7,400
$(7,400)
E
$298,000
$298,000
$(110,291)
$101,011
Design
P w- $2,500,000 $2,500,000
$4,000,000
$4,000,000
$(1,249,642)
$(64,270)
$2,009,817
$2,010,000
Rig ht -of -Way
Construction
Construction Management
$2,000,000
$1,794,656
$5,000,000
$1,794,656
Equipment
otal
$77,883,900
$8,678,556
$ 1,440,079
$5,915,508

Page 1148 of 1299 ends

Recommended Action:

Award an Amended and Restated Professional Services Agreement to Moffatt Nichol to complete the environmental documentation for the Pennsylvania Avenue Grade Separation Project for an amount not to exceed $86,698.

Attachments:

A. Amended and Restated Agreement with Moffatt Nichol.

B. Original Agreement and Previous Amendments
C. Levine Act Statement — Moffatt Nichol

Page 1149 of 1299 ends

City of Beaumont Agreement #
C17-92.5

AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES BY

INDEPENDENT CONTRACTOR

THIS AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Agreement") is made and effective as of the 1st day of October 2024, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and,_Moffatt Nichol, a California Corporation whose address is 4225 E Conant Street, Long Beach CA, 90808 ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. On December 19, 2017, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Professional Services by Independent Contractor" ("Original Agreement") in which CONTRACTOR was to provide Environmental Documentation Services for the Pennsylvania Avenue Grade Separation Project; and B. On January 2, 2019, CITY and CONTRACTOR amended the Original Agreement by that certain "First Amendment to Agreement for Professional Services by Independent Contractor" ("First Amendment" hereinafter referenced with the Original Agreement as "Original Agreement"); and
C. On February 2, 2021, CITY and CONTRACTOR amended the Original Agreement by that certain "Second Amendment to Agreement for Professional Services by Independent Contractor" ("Second Amendment" hereinafter referenced with the Original Agreement as "Original Agreement"); and
D. On November 15, 2022, CITY and CONTRACTOR amended the Original Agreement by that certain "Third Amendment to Agreement for Professional Services by Independent Contractor" ("Third Amendment" hereinafter referenced with the Original Agreement as "Original Agreement"); and
E. On December 5, 2023, CITY and CONTRACTOR amended the Original Agreement by that certain "Fourth Amendment to Agreement for Professional Services by Independent Contractor" ("Fourth Amendment" hereinafter referenced with the Original Agreement as "Original Agreement"); and
F. The Original Agreement will expire on December 19, 2024; and G. CONTRACTOR has proposed to extend the contract ("Proposal") with the CITY, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and H. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services; and

Page 11510 of 1299 ends

City of Beaumont Agreement #
C17-92.5
I. An Amended and Restated Agreement is necessary for the CONTRACTOR to have sufficient time to complete the remainder of the work; and J. This Agreement does not relieve either party of their rights and obligations of the Original Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) year(s) unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Stephanie Oslick as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed eighty-six thousand, six hundred ninety-eight dollars ($86,698).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

Page 11 ends

City of Beaumont Agreement #
C17-92.5
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

5. Obligations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

Page 11532 of 1299 ends

City of Beaumont Agreement #
C17-92.5

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall provide the following types and amounts of insurance:

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of

Page 11 ends

City of Beaumont Agreement #
C17-92.5
personal auto liability coverage for each such person.

6.03 Workers' Compensation coverage for any of CONTRACTOR'S employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.

6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required _; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.04 Self-insurance does not comply with these insurance specifications.

CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

Page 1154 of 1299 ends

City of Beaumont Agreement #
C17-92.5
not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8. Indemnification.

Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.

All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR,

Page 11 ends

City of Beaumont Agreement #
C17-92.5
its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.

The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

10. Termination of Agreement.

Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

Page 1156 of 1299 ends

City of Beaumont Agreement #
C17-92.5

12. Ownership of Documents; Audit.

12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

Page 11 ends

City of Beaumont Agreement #
C17-92.5
discharge the assignor from any duty or responsibility under this Agreement.

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this

Page 11 ends

City of Beaumont Agreement #
C17-92.5
Agreement not so affected shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY:

CITY OF BEAUMONT MOFFATT NICHOL
By: By:

CONTRACTOR:

Print Name: Shelly Anghera
Title:

Vice President

Page 11 ends

EXHIBIT "A"

PROPOSAL
(insert behind this page)

Page 1160 of 1299 ends

moffatt & nichol
September 13, 2024
City of Beaumont
550 E. 6th Street
Beaumont, Ca 92223
4225 E. Conant St.

Long Beach, CA 90808
(562) 590-6500
www.moffattnichol.com
Attn: Dustin Christensen, P.E., Principal Engineer
Subject: Proposal to Extend Contract C17-92.4
Dear Mr. Christensen:

Moffatt & Nichol (M&N) is requesting an extension of Contract C17-92.4 with the City of Beaumont. The contract, which was executed on December 19, 2017 is set to expire on December 19, 2024. No other changes to the contract scope or fee is requested at this time. A summary of M&N's current contract budget and expenditure is provided in the table below.

MOFFATT & NICHOL CONTRACT SUMMARY
Current
Expended
Remaining
Current Contract Amount
$196,989.00
$110,291.18
$86,697.82
We appreciate the opportunity to continue supporting the City of Beaumont with this project. If you have any questions or require additional information, please do not hesitate to contact me via email at [email protected].

Sincerely,

MOFFATT & NICHOL
Stephanie Oslick, AICP, ENV SP
Project Manager

Page 1161 of 1299 ends

Page 1 ends

City of Beaumont Agreement #
C17-92.5
EXHIBIT "B"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)

Page 1162 of 1299 ends

/
ACORD® CERTIFICATE OF LIABILITY INSURANCE
�..•"----

DATE (MM/DDIYYYY)
11/16/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd, Suite 230
Lafayette CA 94549
License#: 6003745

CONTACT
NAME: Karin Thorp

PHONE FAX
(A/C, No, Ext): 714-427-3494 (A/C, No):

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Continental Insurance Company
35289
INSURED MOFF&NI-01
Moffatt & Nichol
4225 E. Conant
Long Beach CA 90808
INSURER B : National Union Fire Insurance Co PA
19445
INSURER C : Continental Casualty Company
20443
INSURER D : XL Specialty Insurance Company
37885
INSURER E : American Casualty Company of Reading,
20427
INSURER F :

COVERAGES
CERTIFICATE NUMBER: 1774083107
REVISION NUMBER:

INSR

TYPE OF INSURANCE
IADDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
Y
Y
6056712992
11/22/2023
11/22/2024

EACH OCCURRENCE
$1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE RETED
PREMISESO(Ea occurrence)
$ 1,000,000
MED EXP (Any one person)
$ 15,000

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

AGGREGATE
X

LIMIT APPLIES
128-r- LOC
PER:

GENERAL AGGREGATE
$2,000,000

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

AUTOMOBILE
X
X

LIABILITY

ANY AUTO
OWNED
X

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
Y
6056712989
11/22/2023
11/22/2024

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

PROPERTY DAMAGE
(Per accident)
$
A
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
Y
Y
6079627982
11/22/2023
11/22/2024

EACH OCCURRENCE
$ 5,000,000

AGGREGATE
$ 5,000,000
X
DED
RETENTION $ 10.000
$
g
B

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N/A
Y
WC19397907
WC19397906
11/22/2023
11/22/2023
11/22/2024
11/22/2024
X
PER

STATUTE
ERH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
D
Professional Liability
Includes Pollution Liability
Claims Made Form
DPR5020973
11/22/2023
11/22/2024
Per Claim/$2,000,000
$4,000,000/Aggr.

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella policy is a follow -form to its under ying Polices: General Liability/Auto Liability/Employers Liability.

Re: Various Transportation Projects. City of Beaumont, its officials, employees and agents are Additional Insured as respects to General Liability coverage as required by written contract. Primary and Non -Contributory applies to general liability as required by written contract. Waiver of Subrogation is included per attached

CERTIFICATE HOLDER
CANCELLATION 30 Day Notice of Cancellation
City of Beaumont
550 E. 6th Street
Beaumont CA 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD namiPtEltodclogrediSit&j@marks of ACORD

CNA

CNA PARAMOUNT
20024009269557529925392
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:

A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:

WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.

IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:

1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:

CNA75079XX (10-16) Policy No: 6056712992

Page 1 of 2 ends

CONTINENTAL CASUALTY COMPANY Effective Date: 11/22/2023 Insured Name: MOFFATT & NICHOL �II nn
Copyright CNA All Rights Reserved. IncludRageghtel Utefafoll299Ice Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA75079XX (10-16)

Page 2 of 2 ends

CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Copyright CNA All Rights Reserved. IncludRageghtelle15e0folllagace Services Office, Inc., with its permission.

Policy No: 6056712992
Endorsement No:

Effective Date: 11/22/2023

CNA

CNA PARAMOUNT
Architects, Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.

22. PROPERTY DAMAGE — ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.

24. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

26. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the Named Insured's ongoing operations; or

2. your work included in the products -completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

CNA74858XX (1-15)

Page 16 of 18 ends

CONTINENTAL CASUALTY COMPANY
Insured Name: MOFFATT & NICHOL
Copyright CNA All Rights Reserved. IncludPcaeghiealNelQ,foflla99ce Services Office, Inc., with its permission.

Policy No: 6056712992
Endorsement No: 8
Effective Date: 11/22/2023

CNA

CNA PARAMOUNT
50020009250567529929757
Architects, Engineers and Surveyors General Liability
Extension Endorsement

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation.

If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:

A. The following wording is added to the above -referenced endorsement:

With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:

1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor

2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures.

B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):

This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program.

C. DEFINITIONS is amended to add the following definitions:

Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).

Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:

1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and

2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).

However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.

CNA74858XX (1-15) Policy No: 6056712992

Page 17 of 18 ends

CONTINENTAL CASUALTY COMPANY Effective Date: 11/22/2023 Insured Name: MOFFATT & NICHOL p �I IG7 nnnn
Copyright CNA All Rights Reserved. IncIud�s cjhie ialteao129Rce Services Office, Inc., with its permission.

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below.

This endorsement, effective 12:01 AM 11/22/2023 forms a part of Policy No. WC 19-39-7907 Issued to MOFFATT & N I CHOL
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.

This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

Schedule

ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE

ENTERED INTO A CONTRACT, A CONDITION OF WHICH
REQUIRES YOU TO OBTAIN THIS WAIVER FROM US.

THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR
DAMAGES PAID OR CLAIMED:

1. PURSUANT TO THE WORKERS' COMPENSATION OR

EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW
HAMPSHIRE, OR NEW JERSEY; OR,

2. BECAUSE OF INJURY OCCURRING BEFORE YOU
ENTERED INTO SUCH A CONTRACT.

This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs.

Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah.

WC 00 03 13
(Ed. 04/84)
Countersigned by

Page 1168 of 1299 ends

Authorized Representative

CNA

NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
It is understood and agreed that:

If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective.

If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.

Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.

CNA68021 XX (2-13)

Page 1 ends

Policy #6056712992
Policy No:

Endorsement No:

Effective Date:

Insured Name:
oAw A lagse299

CNA
Policy # 6056712989
SCA 23 500D
(Ed. 10/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXTENDED COVERAGE ENDORSEMENT — BA PLUS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
I. LIABILTY COVERAGE
A. Who Is An Insured
The following is added to Section II, Paragraph
A.1., Who Is An Insured:

1. a. Any incorporated entity of which the Named
Insured owns a majority of the voting stock
on the date of inception of this Coverage
Form; provided that,
b. The insurance afforded by this provision
A.1. does not apply to any such entity that is
an "insured" under any other liability "policy"
providing "auto" coverage.

2. Any organization you newly acquire or form,
other than a limited liability company,
partnership or joint venture, and over which you
maintain majority ownership interest.

The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation
date, and is afforded only until the end of
the policy period of this Coverage Form, or
the next anniversary of its inception date,
whichever is earlier.
b. Does not apply to:
(1) "Bodily injury" or "property damage"
caused by an "accident" that occurred
before you acquired or formed the
organization; or
(2) Any such organization that is an
"insured" under any other liability
"policy" providing "auto" coverage.

3. Any person or organization that you are
obligated to provide Insurance where required
by a written contract or agreement is an insured,
but only with respect to legal responsibility for
acts or omissions of a person for whom Liability
Coverage is afforded under this policy.

4. An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in that "employee's"
name, with your permission, while performing
duties related to the conduct of your business.
"Policy," as used in this provision A. Who Is An
Insured, includes those policies that were in force
on the inception date of this Coverage Form but:

SCA 23 500D
(Ed. 10/11)
II.

1. Which are no longer in force; or

2. Whose limits have been exhausted.

B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are
revised as follows:

1. In a.(2), the limit for the cost of bail bonds is
increased from $2,000 to $5,000, and

2. In a.(4), the limit for the loss of earnings is
increased from $250 to $500 a day.

C. Fellow Employee
Section II, Paragraph B.5 does not apply.

Such coverage as is afforded by this provision C. is
excess over any other collectible insurance.

PHYSICAL DAMAGE COVERAGE
Towing
Section III. Paragraph A.2., is revised to include
Light Trucks up to 10,000 pounds G.V.W.

Glass Breakage — Hitting A Bird Or Animal —
Falling Objects Or Missiles
The following is added to Section III, Paragraph
A.3.:

With respect to any covered "auto," any deductible
shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner
acceptable to us, rather than replaced.

C. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with
respect to transportation expense incurred by you,
to provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.

D. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with
respect to loss of use expenses incurred by you, to
provide:
a. $1,000 maximum, in lieu of $600.

E. Personal Property
The following is added to Section III, Paragraph
A.4.

Includes copyrighted material of the Insurance Services Office used with its permission.

Page 1 of 3 ends

Page 1170 of 1299 ends

ANA
1 Business Auto Policy
Policy Endorsement

ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Person Or Organization

ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED.

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.

All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: CNA71527XX (10-2012) Policy No: 6056712989
Policy Effective Date: 11/22/2023
Endorsement No: Page: 1 of 1
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 Paae 1171 of 1299
© Copyright CNA All Rights Reserved.

CNA
Business Auto Policy
Policy Endorsement

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

Named Insured: MOFFATT & NICHOL
Endorsement Effective Date: 11/22/2023

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

ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.

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

The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.

Form No: CA 04 44 10 13 Policy No: 6056712989
Policy Effective Date: 11/22/2023
Endorsement No: Page: 1 of 1
Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606

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CNA

NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS
It is understood and agreed that:

If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice.

Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record.

CNA68021 XX (2-13)

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Policy #6056712989
Policy No:

Endorsement No:

Effective Date:

Insured Name:
oL`FEI{ AlizlAgse?d9

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM 11/22/2023 forms a part of Policy No. WC19397907 Issued to MOFFATT & N I CHOL
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy.

WC 04 03 61
(Ed. 11/90)
‘-)Y
Countersigned by

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Authorized Representative

This endorsement, effective 12:01 a.m., 11/22/2023 forms a part of Policy No. DPR5020973
Issued to Moffatt & Nichol
by XL Specialty Insurance Company.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF POLICY CANCELLATION — BLANKET NOTICE TO DESIGNATED ENTITIES This endorsement modifies insurance provided under the following:

PROFESSIONAL, ENVIRONMENTAL AND NETWORK SECURITY LIABILITY POLICY — ARCHITECTS,

CONSULTANTS AND ENGINEERS
Section XI. OTHER CONDITIONS, Paragraph A. Cancellation is amended by the addition of the following:

In the event that the Company cancels or non -renews this Policy during the POLICY PERIOD, the Company agrees to provide thirty 30 days' prior written notice of cancellation or non -renewal of this Policy to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation or non -renewal of this Policy, provided that:

1. The Company receives, at least thirty (30) days prior to the date of cancellation or non -renewal, a written request from the NAMED INSURED to provide notice of cancellation to entities designated by the NAMED INSURED to receive such notice; and

2. The written request includes the name, address and email of each person or entity designated by the NAMED INSURED to receive such notice. The Company will assume that the list provided to the company by the NAMED INSURED is a complete and accurate list.

This endorsement does not apply to non -renewal of the Policy at the end of the POLICY PERIOD or cancellation of the Policy for non-payment of premium to a premium finance company authorized to cancel the Policy. Furthermore, nothing contained in this endorsement shall be construed to provide any rights under the Policy to the entities receiving notice of cancellation pursuant to this endorsement, nor shall this endorsement amend or alter the effective date of cancellation stated in the cancellation notice issued to the NAMED INSURED.

All other terms and conditions of the Policy remain unchanged.

May not be copied without permission.

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 19th day of December, 2017, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and MOFFATT & NICHOL whose address is 3780 Kilroy Airport Way, Suite 600, Long Beach, CA 90806 ("CONTRACTOR").

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. CITY desires to engage CONTRACTOR to provide Environmental Documentation Services for the Pennsylvania Avenue Interchange Improvement Project.

Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A"; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Environmental Documentation Services for the Pennsylvania Avenue Interchange Improvement Project, Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project and any other services which the City may request in writing.

All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Jim McCluskie as CONTRACTOR'S professional responsible for overseeing the Services provided by CONTRACTOR.

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however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY.

Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not two hundred ninety five thousand five hundred twenty three dollars ($295,523).

4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.

4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.

5. Oblivations of CONTRACTOR.

5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
2

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5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR' s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR' s employees are eligible to work in the United States.

5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.

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5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.

6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR' s employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.

7. General Conditions pertaining to Insurance Coverage

7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, 4

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complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.04 Self-insurance does not comply with these insurance specifications.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.

CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. With respect to all claims except those arising out of CONTRACTOR's performance of professional services hereunder, which are addressed in Subsection c. below, to the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, 5

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expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. With respect to all claims arising out of CONTRACTOR's performance of professional services hereunder, CONTRACTOR shall indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages, and attorneys' fees, court costs, interest, defense costs, including expert witness fees and any other costs or expenses incurred by the CITY to the extent such costs arise out of the negligence of CONTRACTOR in the performance of professional services hereunder

9. Additional Services, Changes and Deletions.

CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.

10. Termination of Agreement.

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10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.

11. Status of CONTRACTOR.

12. Ownership of Documents; Audit.

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or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.

12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY' s agents for examination all of such records and shall permit CITY' s agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY' s conflict of interest policy.

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest 8

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of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

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IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written.

CITY:

CITY OF BEAUMONT
By
rruif� , Mayor
10 CONTRACTOR:

MOFFATT & NICHOL
y' �.�
r
Print Name:

Title:

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EXHIBIT "A"

PROPOSAL

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City of Beaumont
Environmental Documentation Services Proposal
Project: Pennsylvania Avenue Interchange Improvements
The Beaumont City Council approved soliciting for outside professional engineering services to prepare design, environmental documentation, and right-of-way acquisition for this project:

California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) Support. This project will expand the existing partial interchange to include a new westbound on -ramp and eastbound off -ramp to complement the existing ramps and create a full interchange. The City is leading a project to add two ramps to the Pennsylvania Avenue interchange with the 1-10 freeway. The project would add a westbound on -ramp and eastbound off -ramp at Pennsylvania Avenue.

Scope of Services
The following is our understanding of the scope of services and associated tasks to be completed.

Task 1: Data Collection, Document Reviews, and Field Studies/Site Visit Task 2: Environmental Technical Studies
Task 3: Environmental Documentation and Clearance for the Pennsylvania Avenue Interchange Improvements
Task PM: Project Management and QA/QC Services
M&N has initially identified the following environmental topical areas (biological studies, cultural resource studies, and hazardous material services) to utilize Subconsultant services.

Upon contract award and/or during the kick-off meeting, M&N proposes to jointly identify with the City the project requirements and specific services required. M&N will procure the needed local subconsultants for the project based on these requirements.

The Environmental Technical Studies will include both the Pennsylvania Avenue Interchange Improvements and Pennsylvania Avenue Widening Improvements projects. The Pennsylvania Avenue Grade Separation Improvements project will also be included if the design information is available.

Task 1: Data Collection, Document Reviews, and Field Studies/Site Visit Within two weeks after project initiation and a kick-off meeting, M&N will initiate coordination with the City and engineering team, commence data collection and conduct field studies/site visits.

Activities to include the following:
• Data mining activities such as conducting research to obtain all relevant project data. • Refine the Purpose and Need statement so that it accurately reflects the project intent and clearly defines the goals of the project.
• Identify the environmental footprint to include all project elements. The footprint will be used as a cornerstone of the environmental analysis (for the technical studies and environmental document) to identify the physical boundaries of the project study area.

Coordinate with the design engineering team.
moffatt 8c nichol

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Creative People, Practical Solutions

City of Beaumont
Environmental Documentation Services Proposal
• Prepare the necessary environmental study maps for use in the technical studies and environmental document (e.g., project location map, project vicinity map, etc.) • Conduct site visits
Task 1- Deliverables
• Draft and final project description
• Draft and final Purpose and Need statement
• Environmental study limits/environmental footprint
• Draft and final project vicinity map
• Draft and final project location map
Task 2. Environmental Technical Studies
M&N will prepare an administrative draft of each technical study for City (and Caltrans, if needed) review as further described below. The scope includes one review/revision cycle.

Air Quality Study:

The Air Quality Study will be performed in accordance with Caltrans requirements and regulations, including the Caltrans Standard Environmental Reference. The analysis would first establish the regulatory setting of the project area, which includes the U.S. Environmental Protection Agency, California Air Resources Board, and the South Coast Air Quality Management District. If air quality impacts are identified, the consultant may work with the project team, City, Caltrans, and the SCAQMD to identify feasible recommended mitigation measures, as needed based on the impact analysis.

Biology Study:

The Natural Environmental Study (NES) Report will discuss the various biological resources within the study area. Relevant federal, state, and local policies and regulations related to biological resources in the project area will be summarized. The NES will include descriptions of sensitive wildlife, fisheries, botanical, and riparian resources in the project area and will list federal and state species of special concern that may occur and any potential effects on those resources in the project area. The NES will identify direct, indirect, and cumulative impacts associated with the proposed project, including any recommended and/or required mitigation measures.

We will discuss the roles of relevant agencies, such as United States Fish and Wildlife Service, United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW). We also will describe possible strategies for obtaining permits, including a USACE 404 Permit, RWQCB 401 Certification, and CDFW Section 1602 Agreement. A wetland delineation report will be included as an appendix to the NES to identify federal and state wetlands and Waters in the project area to the USACE and CDFW standards. A biological assessment (for compliance with the Endangered Species Act Section 7) is not anticipated as impacts to federal and/or state -listed threatened or endangered species is not anticipated.
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Creative People, Practical Solutions.®

City of Beaumont
Environmental Documentation Services Proposal
Cultural Study:

An Area of Potential Effect (APE) for cultural resources at the proposed project area will be established prior to the survey and in conjunction with the Caltrans District 8 Professionally Qualified Staff (PQS). The map will be modified depending upon the findings of the field survey and any changes will be reflected in a revised APE. The final APE maps must be reviewed and approved by Caltrans. Cultural studies will be conducted to identify archaeological and architectural history resources within the project area. Native American Consultation will occur to comply with AB52.

Initial Site Assessment (Hazardous Materials) Study:

Records Review: A search of selected government databases will be ordered from an environmental database company per ASTM E 1527-13.

Site Reconnaissance: An observational reconnaissance of the site will be performed for visual indications of environmental conditions including that which may suggest presence of hazardous materials. In addition, site conditions will be photo -documented. The site reconnaissance will be conducted by a qualified environmental professional as defined in ASTM E 1527-13 and Federal All Appropriate Inquiry (AAI) criteria.

Interviews: A reasonable attempt will be made to interview present and/or past owners, lessees, key site manager, occupant, and employees and adjacent tenants (provided they are cooperative) for additional information about past and present site usage, for properties adjacent to Caltrans right-of-way and particularly for "take" properties for expanded right-of- way.

Report Preparation: Upon completion of records review, reconnaissance and interviews, an illustrated draft report will be issued for comments prior to finalization. Once we have received and addressed the comments, a fully illustrated final report will be issued summarizing our findings, conclusions and recommendations.

Paleontology Study:

A literature record search for paleontological resources will be requested from the San Bernardino County Museum and will cover the study area (including a 1.0 -acre buffer).

Supplemental research on geological mapping, formations, previous paleontological studies and online paleontological databases will also be conducted. A report of findings will follow the guidelines of the Society of Vertebrate Paleontology.

Water Quality Study:

M&N will prepare a Water Quality Assessment Report (WQAR for the project that discusses watershed characteristics, groundwater hydrology (from the design engineer), regulatory requirements, pollutants of concern, receiving waters conditions, and beneficial uses. The report will also discuss design pollution prevention best management practices (BMPs), construction site BMPs, and treatment BMPs that are applicable to the project alternatives per the design engineer and Caltrans Storm Water Quality Handbooks Project Planning and Design Guide (as applicable). The project's potential impact on water quality will be evaluated and may recommend mitigation measures necessary to prevent adverse water quality impacts. 61 moffatt & nichol

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Creative People, Practical Solutions

City of Beaumont
Environmental Documentation Services Proposal
Task 3. Environmental Documentation and Clearance for Pennsylvania Avenue Interchange Improvements
Collaborating with the City in the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND), M&N will complete the Initial Study Environmental Checklist, along with technical analyses. It is assumed that an IS/MND is the appropriate level of CEQA review for this project and that the City will be the CEQA Lead Agency; a Categorical Exclusion (NEPA CE) is the appropriate level of NEPA review for this project, and Caltrans will be the NEPA Lead Agency. • Prepare Admin Draft Initial Study Checklist. M&N will prepare an Administrative Draft Initial Study Checklist, which will incorporate the results of the existing conditions inventory, and provide an analysis of the potential environmental impacts of the project. The impact analyses will include: discussion of existing conditions, identification, analysis, and evaluation of all potential environmental impacts, examination and recommendation of feasible ways to eliminate or minimize adverse environmental impacts, and discussion of cumulative impacts. • Prepare and Circulate Public Draft IS/MND. Upon the City's approval of the Administrative Draft Initial Study, M&N will prepare the public Draft IS/MND for the 30 - day public review. M&N will prepare a Notice of Intent (NO1) for posting at the County Clerk. We will work in consultation with City to develop a distribution list for the IS/MND. A public meeting is not anticipated for this project. The Notice of Completion (NOC) form will be sent to the State Clearinghouse, and M&N will draft notices for publication in local newspapers.
• Prepare Final IS/MND. Upon the close of the 30 -day public review period, M&N will work with City staff to prepare the Final IS/MND. It is assumed that public comments will not require additional analyses, and no more than ten comments will be received.

After adoption of the IS/MND, M&N will prepare the Notice of Determination (NOD) and post it with the County Clerk, and file the NOD with the State Clearinghouse. It is assumed that all filing fees required for posting of final IS/MND determinations, including California Department of Fish and Wildlife (CDFW), if needed, will be paid by the City.
• Prepare NEPA CE. Prepare the NEPA CE and submit to City/Caltrans for their review and Caltrans approval. The scope includes one review/revision cycle by the City/Caltrans.

Task 3 - Deliverables
• Admin Draft Initial Study Checklist (assume one round of comments by City) • Print and mail hardcopies and CDs of the Public Review IS/MND to distribution list • Post NOI at the County Clerk
• File NOC with State Clearinghouse
• Prepare newspaper notice to be published by City
• Final IS/MND (assume one round of comments by City)
• Posting of NOD with County Clerk
• File NOD with State Clearinghouse
• Draft and final NEPA CE
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Creative People, Practical Solutions.®

City of Beaumont
Environmental Documentation Services Proposal
Task PM — Project Management and QA/QC Services
Provide general coordination and administrative support during the project planning, design, and permitting prior to construction/installation.

Key Tasks include:
• Coordinate with City staff, design engineering team, and if needed, subconsultants and/or Caltrans.
• Project Management Administration: The Project Manager will closely monitor the accrual of hours, keep the City informed, and ensure the project is completed to the City's satisfaction.
• General administration, management, and processing of monthly invoices. • Conduct quality assurance and quality control (QA/QC) reviews.

For completion of Tasks 1 through 3, assume MN will have on -going communication with the City and the design engineer to discuss the project design. The M&N Project Manager will conduct meetings, which will be attended by M&N and City personnel, including:
• One (1) kick-off meeting with City staff;
• Up to four (4) in -person meetings with City staff (and design engineer, if needed); and • Up to eight (8) tele-conference meetings with City staff (and design engineer, if needed) Project Schedule
• The following schedule is based on weeks after Notice to Proceed (NTP)/kickoff meeting.

WWI moffatt & nichol

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City of Beaumont
Environmental Documentation Services Proposal
Optional Items
M&N is a client focused firm and everything we do is centred around our clients, meeting their expectations by delivering excellent services at the agreed upon price within the agreed upon schedule.

None of the items listed below is part of the scope of work, but can be added if needed by the City.

Public Outreach:

M&N can provide public outreach and support services associated with this project. The purpose of these meetings, if needed, is to obtain input from the public on the environmental documents. M&N can act as facilitator at the meetings, and provide media notices, agendas, notes and content. M&N staff have extensive experience in coordination of public outreach through various branches of federal, state, and local branches of government.

Re -validation:

Due to NEPA Assignment from MAP -21 to Caltrans, a Re -validation may be required during final design, or the next major federal approval phase. The Re -validation form will be filled out, and submitted to the City/Caltrans for review and to Caltrans for approval.

Regulatory Permitting Framework:

Our permitting experience includes obtaining federal, state, and local agency permits and approvals for various types of infrastructure projects, including roadway, rail, bridge, and wetland projects. The level of effort includes the following: determination of permit requirements and schedules, specialized report preparation, coordination with regulatory agencies, permit application preparation, permit application follow-up, and public hearings.

M&N can act as the agent for the City to obtain the permits.

Coordination with the Western Riverside County Regional Conservation Authority early on in the environmental document process is suggested, as their regularly scheduled meetings give the City the opportunity to discuss the project in front of the applicable regulatory agencies for compliance with the multi -species habitat conservation plan (MSHCP). This information can then be documented in the environmental document, which streamlines the regulatory permitting that is required during final design.
`dik, moffatt & nichol
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Creative People, Practical Solutions.®

City of Beaumont
Cost Proposal 1 Pennsylvania Avenue Interchange Improvements Task Description

11. Background Information
• Record Research, Site Investigation
• Project Description 8c Purpose and Need
• Environmental Mapping

2. Environmental Technical Studies
• Air Quality
• Biological Resources
• Cultural Resources
• Hazardous Materials
• Paleontology
• Water Quality

3. Environmental Document
• CEQA IS/MND — Draft Environmental Document (DED)
• CEQA IS/MND— DED Public Circulation
• CEQA IS/MND — Final Environmental Document (FED)
• NEPA CE — Draft and Final
PM. Project Management
• Project Management/Meetings/Coordination
Subtotal
Subconsultants
• Biological Resources
• Cultural Resources
• Hazardous Materials
Other Direct Costs
• Mileage
• Reproduction/Photocopies
• Paleontology Database Search
TOTAL
Assumptions:
36 $6,968
104
26 26
26 26
92 136
24 60
32 $61,444
$48,322
48 636
$12,000
$128,734
TBD
$268
$400
$360
636
$15,000
$20,000
$10,000
$1,028
$174,762
• The environmental technical studies will encompass both Pennsylvania Avenue improvement projects (and the grade separation if design information is available). • The project will be approved via the Caltrans Permit Streamlined Process. • Caltrans may review the environmental technical studies up to one time, and any outstanding comments will be addressed with a comment resolution conference call. • Project Management assumes monthly coordination meetings including, but not limited to, the City, Caltrans, and design consultant.
• Contracts for all three Pennsylvania Avenue projects will be awarded and completed within the same time frame.

Revised 11/15/2017
',dm' m o f f a t t& n i c h o 1 Creative People, Practical Solutions

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City of Beaumont
Environmental Documentation Services Proposal
Project: Pennsylvania Avenue Widening Improvements
The Beaumont City Council approved soliciting for outside professional engineering services to prepare design, environmental documentation, and right-of-way acquisition for this project:

California Environmental Quality Act (CEQA) only. This project will widen Pennsylvania Avenue to four travel lanes from 1st Street to 6th Street. The project will be completed in three phases over the next 5 years. The first two phases will include expanding the existing interchange to include a new eastbound off -ramp and westbound on -ramp, as well as widening Pennsylvania Avenue to four lanes between 1st Street and 6th Street.

The last phase of the project, expected in fiscal year 2021/22, will include the construction of a grade separation.

Scope of Services
The following is our understanding of the scope of services and associated tasks to be completed.

Task 1: Data Collection, Document Reviews, and Field Studies/Site Visit Task 2: Environmental Technical Studies
Task 3: Environmental Documentation and Clearance for the Pennsylvania Avenue Widening
Task PM: Project Management and QA/QC Services
The Environmental Technical Studies will include both the Pennsylvania Avenue Interchange Improvements and Pennsylvania Avenue Widening Improvements projects. The Pennsylvania Avenue Grade Separation Improvements project will also be included if the design information is available.

Coordinate with the design engineering team.
• Prepare the necessary environmental study maps for use in the technical studies and environmental document (e.g., project location map, project vicinity map, etc.) • Conduct site visits
moffatt & nichc„

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Creative People, Practical Solutions

City of Beaumont
Environmental Documentation Services Proposal
Task 1- Deliverables
• Draft and final project description
• Draft and final Purpose and Need statement
• Environmental study limits/environmental footprint
• Draft and final project vicinity map
• Draft and final project location map
Task 2. Environmental Technical Studies
M&N will prepare an administrative draft of each technical study for City review as further described in the Scope of Work for Task 2 for the Pennsylvania Avenue Interchange Improvements Project. Currently, the two projects are following a parallel path, and to streamline, one set of technical studies will be prepared for both projects. Information specific to this project will be incorporated into the environmental technical studies.

A NEPA nexus exists for the Pennsylvania Avenue Interchange Project, and not for this project, which means that Caltrans does not need to review these projects. If reviews by Caltrans cause a delay in the approval of the technical studies to be used in this project, information in the technical studies will be incorporated into the environmental document for this project (so that the schedule for this project is not delayed).

Task 3. Environmental Documentation and Clearance for Pennsylvania Avenue Widening Collaborating with the City in the preparation of an IS/MND, M8cN will complete the Initial Study Environmental Checklist, along with technical analyses. It is assumed that an IS/MND is the appropriate level of CEQA review for this project and that the City will be the CEQA Lead Agency.
• Prepare Admin Draft Initial Study Checklist. M&N will prepare an Administrative Draft Initial Study Checklist, which will incorporate the results of the existing conditions inventory, and provide an analysis of the potential environmental impacts of the project. The impact analyses will include: discussion of existing conditions, identification, analysis, and evaluation of all potential environmental impacts, examination and recommendation of feasible ways to eliminate or minimize adverse environmental impacts, and discussion of cumulative impacts. • Prepare and Circulate Public Draft IS/MND. Upon the City's approval of the Administrative Draft Initial Study, M&N will prepare the public Draft IS/MND for the 30 - day public review. M&N will prepare a Notice of Intent (NOI) for posting at the County Clerk. We will work in consultation with City to develop a distribution list for the IS/MND. A public meeting is not anticipated for this project. The Notice of Completion (NOC) form will be sent to the State Clearinghouse, and M&N will draft notices for publication in local newspapers.
• Prepare Final IS/MND. Upon the close of the 30 -day public review period, M&N will work with City staff to prepare the Final IS/MND. It is assumed that public comments will not require additional analyses, and no more than ten comments will be received.

After adoption of the IS/MND, M&N will prepare the Notice of Determination (NOD) and post it with the County Clerk, and file the NOD with the State Clearinghouse. It is moffatt & nichol

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Creative People, Practical Solutions.°

City of Beaumont
Environmental Documentation Services Proposal
assumed that all filing fees required for posting of final IS/MND determinations, including California Department of Fish and Wildlife (CDFW), if needed, will be paid by the City.

For completion of Tasks 1 through 3, assume MN will have on -going communication with the City and the design engineer to discuss the project design. The M&N Project Manager will conduct meetings, which will be attended by M&N and City personnel, including:
• One (1) kick-off meeting with City staff;
• Up to four (4) in -person meetings with City staff; (and design engineer, if needed); and • Up to four (4) tele-conference meetings with City staff (and design engineer, if needed) Project Schedule
• The following schedule is based on weeks after Notice to Proceed (NTP)/kickoff meeting.
„fte, moffatt & nichol

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Creative People, Practical Solutions.°

None of the items listed below is part of the scope of work, but can be added if needed by the City.

Public Outreach:

M&N will provide public outreach and support services associated with this project. The purpose of these meetings is to obtain input from the public on the environmental documents.

M&N will act as facilitator at the meetings, and provide media notices, agendas, notes and content. M&N staff have extensive experience in coordination of public outreach through various branches of federal, state, and local branches of government.

Regulatory Permitting Framework:

M&N will act as the agency for the City to obtain the permits.

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Creative People, Practical Solutions.®

City of Beaumont
Cost Proposal 1 Pennsylvania Avenue Widening
Number of Hours Fee ($)

1. Background Information
• Record Research, Site Investigation
• Project Description & Purpose and Need
• Environmental Mapping

2. Environmental Technical Studies
• Air Quality
• Biological Resources
• Cultural Resources
• Hazardous Materials
• Paleontology
• Water Quality

3. Environmental Document
• CEQA IS/MND — Draft Environmental Document (DED)
• CEQA IS/MND — DED Public Circulation
• CEQA IS/MND — Final Environmental Document (FED)
PM. Project Management
• Project Management/Meetings/Coordination
Subtotal
36 Other Direct Costs
• Mileage
• Reproduction/Photocopies
TOTAL
Assumptions:
24 30
30 30
30 24
136
24 60
36 $6,968
$35,168
$42,482
$9,000
460
$268
$400
$93,618
$668
460
$94,286
• The environmental technical studies will encompass both Pennsylvania Avenue Interchange and Widening projects (and the grade separation if design information is available).
• Subconsultant technical studies (biological resources, cultural resources, and hazardous materials) for the Pennsylvania Avenue Interchange project will be used for this project. • Any Caltrans comments on the environmental technical studies (if any) will not cause a schedule delay on this project.
• Caltrans will not be directly involved with this project. • The City will review the environmental document one time, and any outstanding comments will be addressed with a comment resolution conference call. • Project Management assumes coordination meetings including, but not limited to, the City and design consultant.
• Contracts for all three Pennsylvania Avenue projects will be awarded and completed within the same time frame.

Revised 11/15/2017
hdhli m o f f a t t& n i c h o 1 Creative People, Practical Solutions

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City of Beaumont
Environmental Documentation Services Proposal
Project: Pennsylvania Avenue Grade Separation Improvements The Beaumont City Council approved soliciting for outside professional engineering services to prepare design, environmental documentation, and right-of-way acquisition for this project:

California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) Support. This project will lower Pennsylvania Avenue under the existing Union Pacific Railroad (UPRR) track.

Scope of Services
The following is our understanding of the scope of services and associated tasks to be completed.

Task 1: Data Collection, Document Reviews, and Field Studies/Site Visit Task 2: Environmental Technical Studies
Task 3: Environmental Documentation and Clearance for the Pennsylvania Avenue Grade Separation
Task PM: Project Management and QA/QC Services
The Environmental Technical Studies will include the Pennsylvania Avenue Interchange Improvements and Pennsylvania Avenue Widening Improvements projects. Due to geographic proximity, the Pennsylvania Avenue Grade Separation Improvements project will also be included if the design information is available.

If the design information is not available, then the Environmental Technical Studies will have "Memos to File" documents created.

Task 1: Data Collection, Document Reviews, and Field Studies/Site Visit Within two weeks after project initiation and a kick-off meeting, M&N will initiate coordination with the City (and incorporate the engineering team once selected by the City), commence data collection and conduct field studies/site visits.

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Creative People, Practical Solutions.®

City of Beaumont
Environmental Documentation Services Proposal
• Draft and final Purpose and Need statement
• Environmental study limits/environmental footprint
• Draft and final project vicinity map
• Draft and final project location map
Task 2. Environmental Technical Studies
M&N will prepare an administrative draft of each technical study for City review as further described in the Scope of Work for Task 2 for the Pennsylvania Avenue Interchange Improvements Project. To streamline, one set of technical studies will be prepared for the three projects. Information specific to this project will be incorporated into the environmental technical studies, or as a separate "Memo to File" if the design information is not available.

Task 3. Environmental Documentation and Clearance for Pennsylvania Avenue Grade Separation
• Prepare CEQA Statutory Exemption for City review. Prepare draft and final Notice of Exemption (NOE).
• Prepare the NEPA CE and submit to City/Caltrans for their review and Caltrans approval.

Task 3 - Deliverables
• Draft and Final CEQA Statutory Exemption
• File NOE with County Clerk
• Draft and Final NEPA Categorical Exclusion
Task PM — Project Management and QA/QC Services
Provide general coordination and administrative support during the project planning, design, and permitting prior to construction/installation.

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creative People, Practical Solutions.®

City of Beaumont
Environmental Documentation Services Proposal
• Up to four (4) tele-conference meetings with City staff (and design engineer and/or Caltrans, if needed)
Project Schedule
• The following schedule is based on weeks after Notice to Proceed (NTP)/kickoff meeting.
him' moffatt & nichol

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Creative People, Practical Solutions.®

None of the items listed below is part of the scope of work, but can be added if needed by the City.

Public Outreach:

M&N will provide public outreach and support services associated with this project. The purpose of these meetings is to obtain input from the public on the environmental documents.

Regulatory Permitting Framework:

M&N will act as the agency for the City to obtain the permits.

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Cr uIivo Pooplo, Proofioal lolufiona,®

City of Beaumont
Cost Proposal 1 Pennsylvania Avenue Grade Separation
Task Description
Number of Hours Fee )_

1. Background Information
• Record Research, Site Investigation
• Project Description & Purpose and Need
• Environmental Mapping

2. Environmental Technical Studies
• Air Quality
• Biological Resources
• Cultural Resources
• Hazardous Materials
• Paleontology
• Water Quality
36 4
4 4
4 4
4 3. Environmental Document
• CEQA Statutory Exemption
• NEPA CE — Draft and Final
PM. Project Management
• Project Management/Meetings/Coordination
Subtotal
12 32
$6,968
$6,000
20 $8,240
$5,000
124
$26,208
Other Direct Costs
• Mileage $67
• Reproduction/Photocopies $200
TOTAL 124
Assumptions:
$267 J
$26,475
• The environmental technical studies from the Pennsylvania Avenue Interchange and Widening projects will be used for this project (assuming design information for the grade separation is available). Based on the project schedules at this time, minor updates to the technical studies (as Memorandums to File) may be needed. • Subconsultant technical studies (biological resources, cultural resources, and hazardous materials) for the Pennsylvania Avenue Interchange project will be used for this project. • Caltrans will not be involved with this project.
• The City will review the environmental document one time, and any outstanding comments will be addressed with a comment resolution conference call. • Project Management assumes coordination meetings including, but not limited to, the City and design consultant.

Revised 11/15/2017
ih„4 m o f f a t t& n i c h o 1 Creative People, Practical Solutions.®

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FIRST AMENDMENT
TO

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (Moffatt & Nichol)

THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 2nd day of January, 2019, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Moffatt & Nichol, whose address is 3780 Kilroy Airport Way, Suite 600, Long Beach, CA 90806 ("CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

RECITALS
A. WHEREAS, CITY AND CONTRACTOR executed that certain AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Agreement") for providing Environmental Documentation Services for the Pennsylvania Avenue Interchange Improvement Project, Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project, dated December 19, 2017 (Exhibit B); and B. WHEREAS the Parties wish to amend the Agreement to extend the term and authorize additional Services and corresponding payment to CONTRACTOR as outlined in their additional scope and fee proposal ("Proposal") dated December 7, 2018, which is attached hereto as Exhibit A; and made a part hereof.

AMENDMENT TO ORIGINAL AGREEMENT
NOW THEREFORE the Parties hereby amend the Agreement as follows:

1. Term of Agreement. The term of the Agreement is hereby extended until the Services are completed not to exceed three (3) years from the date of the Agreement or December 19, 2020.

2. Additional Services and Compensation. The parties agree to increase the scope of the Services, as provided in Section 2 of the Agreement, and accordingly increase the maximum limit on fees authorized to be paid by the CITY set forth in Section 4.01 of the Agreement by an additional Fifty One Thousand Six Hundred and Eighteen Dollars ($51,618) for a total not -to -exceed amount under the Agreement as amended of Three Hundred Forty seven Thousand One Hundred and Forty One Dollars ($347,141). Such compensation for Services, when earned by CONTRACTOR under the Agreement, shall be paid at the rates and on the terms and conditions set forth in

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the Agreement.

3. No Other Changes. All other terms and conditions contained in the Agreement shall remain in full force and effect. To the extent of a conflict between this Amendment and the Agreement,as amended, this Amendment shall control. Provisions in the Proposal other than the price and the Services are of no force or effect. Except as stated in this Amendment, all capitalized terms herein shall have the meaning ascribed in the Agreement.

IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written.

CITY:

CITY OF BEAUMONT
CONTRACTOR:

By: By: n,k 1/1,e(a/
J ['. Martinez, Ma or
Print Name: fC./f4bZ J• /4644g
Title: gC6-- /16"")P -Air

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Exhibit "A"
Moffat & Nichol First Amendment Proposal

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Ihdh4
rnatraft & niohol
December 7, 2018
3780 Kilroy Airport Way, Suite 600
Long Beach, CA 90806
(562) 590-6500 Fax (562) 424-7489
Mr. Aftab Hussain, Public Works and Utility Manager
The City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Subject: Regulatory & MSHCP Service for Pennsylvania Avenue Widening Project, Beaumont, CA Dear Mr. Hussain,
Per your request, Moffatt & Nichol (M&N) has prepared this proposal to provide regulatory permitting services and Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) compliance for the Pennsylvania Avenue Improvement Projects (Project), located in the City of Beaumont (City), California. This effort was not originally included in M&N original scope/fee for environmental documentation work as jurisdictional features were not anticipated to be impacted. While doing technical studies to support the environmental document, jurisdictional features that require permits from the regulatory agencies, were identified in the project area. The scope of work for this proposal is based upon preliminary jurisdictional waters delineation survey results, previous communications between M&N and City, and our regulatory permitting experience with similar transportation projects in Riverside County.

This proposal will focus on streamlining the regulatory permitting services and MSHCP compliance required for three Pennsylvania Avenue projects (Pennsylvania Widening from two to four lanes between East 6th St. and East r St., I-10/Pennsylvania Avenue Interchange Project, and Pennsylvania Avenue Union Pacific Railroad Grade Separation Project). The goal will be to cover impacts to jurisdictional waters and riparian/riverine resources associated with these three projects into a single regulatory permit effort.

Anticipated regulatory permits include a 404 Nationwide Permit from the U.S. Army Corps of Engineers (USACE), 401 Water Quality Certification from the Santa Ana Regional Water Quality Control Board (RWQCB), and 1602 Agreement from the California Department of Fish and Wildlife (CDFW). A MSHCP Consistency Determination and Determination of a Biologically Superior or Equivalent Preservation (DBESP) is also anticipated for impacts to riparian/riverine resources. The City will make the Consistency Determination as the permittee and submit the associated DBESP (mitigation plan) for CDFW and United States Fish and Wildlife Service (USFWS) MSHCP agency staff (collectively the "Wildlife Agencies") review and comment. Compensatory mitigation required by state and federal agencies for the regulatory permits and the DBESP are anticipated to overlap.

M&N will rely on experience and relationships within the regulatory agencies to assist the City to expedite obtaining approvals. M&N's scope and fee, as well as estimated federal and state agency application and mitigation fees are attached (Appendix A). If you have any questions or require additional information, please contact me at 562-426-9551. We look forward to working with you.

Sincerely,

MOFFATT & NICHOL
did/zit
Stephanie S. Oslick, AICP, ENV SP
Project Manager
Encl: Attachment A: Scope of Work and Fee

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kdig
Attachment A
(Scope of Work and Fee)
To perform services for this project Moffatt & Nichol (M&N) proposes the following scope of work:

TASK 1 —PERMIT STREAMLINING STRATEGY AND MANAGEMENT
OBJECTIVE: The M&N team will coordinate with the City and City's Consultant Project Engineer(s) on the projects to finalize the overall Project footprint, which will be utilized for jurisdictional waters impact analysis and calculations. M&N will provide strategy on avoidance to reduce compensatory mitigation requirements and minimize potential for triggering a more involved permit application process (i.e. to the greatest extent possible, emphasis will be placed on keeping impacts to USACE jurisdiction below 1/10 of an acre of impacts to Waters of the U.S. to qualify for a non -notifying Nationwide Permit 14).

SCOPE OF WORK
• Team coordination to finalize Project footprint, inclusive of Water Quality Best Management Practices (BMPs), currently being prepared by the City's Engineering consultant under separate contract. The City's Engineering consultant will provide the limits of disturbance footprint to M&N in two georeferenced shapefiles, one showing all permanent improvements and one showing limits of temporary impacts for staging and access (for both Waters of the U.S. and Waters of the State). This information will be used for inclusion in the regulatory permit applications and during coordination with regulatory agency personnel.
• The main permit streamlining goal will be covering impacts associated specifically with the Widening Project; however, the intent is to utilize the Widening Project's overall larger footprint to cover potential impacts of future Interchange Improvements and Grade Separation Improvements under a single permitting effort.
• Avoidance strategy to streamline the MSHCP/DBESP application and approval process similar to the regulatory permitting strategy discussed in the previous bullet. • General administration, management, and processing of monthly invoices.

DELIVERABLE
• Task results will be included in Tasks 2, 3 and 4.

TASK 2 —REGULATORY AGENCY PERMIT APPLICATIONS
OBJECTIVE: The scope of this task is to assist the City in preparing applications for the USACE 404 Nationwide Permit, RWQCB 401 Certification and CDFW 1602 Agreement. All permit application and agency fees are assumed to be paid by the City. Estimates for agency fees are provided below for City reference in Table 4.

SCOPE OF WORK
• Prior to submittal of permit applications, M&N will contact USACE, RWQCB and CDFW staff to discuss permit application requirements, any potential issues and likely permit processing timelines. • U. S. Army Corps of Engineers (USACE). Impacts to USACE jurisdiction are anticipated to be less than 1/10 of an acre of impacts to Waters of the U.S.; therefore, the Project should qualify for a non - notifying NWP 14. This is the most streamlined process that does not require submittal of an application, referred to by the USACE as a preconstruction notification form (PCN). Should impacts be determined greater than 1/10 of an acre (and a PCN be required) based on the approved Project

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Pennsylvania Avenue Improvement Projects — Beaumont, CA 12/7/2018 Proposal for Regulatory Permitting 8t MSHCP Services footprint, an optional task has been included to cover M&N's work to prepare and submit a PCN on behalf of the City. The USACE does not require an application fee for the PCN. • Regional Water Quality Control Board (RWQCB). Impacts to RWQCB jurisdiction are anticipated for impacts to Waters of the U.S. and waters of the State, triggering the need for a 401 Water Quality Certification. M&N will prepare the 401 Certification Application and submit to the RWQCB on behalf of the City. An estimate of the RWQCB application fee is provided for informational purposes, which was assessed using the FY 2018-2019 Dredge and Fill Fee Calculator (Effective Date 11/7/2018) Current Calculator accessed at
https://www.waterboards.ca.gov/water issues/programs/cwa401/. Assuming impacts to 1/10 acre of Waters of the U.S., the Application fee is anticipated to be $1,638, which should also cover the total RWQCB's Project fee. Please note the RWQCB's Project fee can vary dramatically based on size of impact at $14,489 per acre of impact (of Waters of the U.S.) — this is an agency fee and a separate cost from compensatory mitigation costs, which are also paid directly to the agency. • California Department of Fish and Wildlife (CDFW). A CDFW 1602 Streambed Alteration Agreement will be needed for impacts to Waters of the State. M&N will prepare the 1602 Application and submit to CDFW on behalf of the City. Estimates for the CDFW application fees are $5,145.75 based on the Standard Agreement fee schedule for a project that has a total cost of more than $350,000 as found at the following link https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=153001&inline . Again, this is an agency fee and a separate cost from any compensatory mitigation costs, which are also paid directly to the agency.

DELIVERABLES
• Permit application packages for USACE, RWQCB and CDFW. M&N assumes that impacts to Waters of the United States are less than 1/10 of an acre; therefore, no PCN is required and informal coordination with the USACE will be sufficient. • If impacts are greater than 1/10 of an acre, an optional task (Opt. 2 ) is provided in Table 3 to cover the preparation of a PCN.

TASK 3 —COORDINATION WITH REGULATORY AGENCIES AND OBTAIN PERMITS OBJECTIVE: After the applications are submitted in Task 2, the primary objective of this task is to act as City's agent in the permit procurement process and coordinate with the project team to obtain additional information for the agencies as requested, process the applications and obtain the permits.

SCOPE OF WORK
• USACE. If a PCN is required, an optional task (Opt. 3 in Table 3) has been included for coordination with USACE staff to answer questions and follow up with USACE staff until the 404 Nationwide Permit is obtained.
• RWQCB. Coordination with RWQCB staff will occur to answer questions and follow up with RWQCB staff until the 401 Water Quality Certification is obtained. • CDFW. Coordination with CDFW staff will occur to answer questions and follow up with CDFW staff until the 1602 Streambed Alteration Agreement is obtained. • This task assumes that no additional studies will be required, no in -person meetings will be needed, and no changes to the Project description or footprint will occur triggering the need for additional application submittals/augments and/or agency reviews.
• Assumes M&N will hold coordination meetings with the regulatory agencies by teleconference. 3

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Pennsylvania Avenue Improvement Projects — Beaumont, CA 12/7/2018 Proposal for Regulatory Permitting & MSHCP Services • Please note, Task 3 does not include compliance with regulatory permit conditions; however, this is included under optional Task 5 (fees are identified in Table 3), if the City would like M&N to perform these services.

DELIVERABLE
• Revised and/or provide additional information as requested by USACE, RWQCB and/or CDFW. • Procure the USACE 404 Nationwide 14 Permit, RWQCB 401 Certification and CDFW 1602 Streambed Alteration Agreement.

TASK 4—MSHCP AND DBESP COORDINATION WITH REGULATORY AGENCIES OBJECTIVE: The primary objective of this task is to act as City's agent in facilitating documenting the Project's Consistency with the MSHCP and gain Wildlife Agency's approval of the DBESP.

SCOPE OF WORK
• Wildlife Agencies. Coordination with USFWS and CDFW MSHCP-division staff to obtain buy -off on the DBESP (mitigation plan).
• This task assumes that no additional studies will be required, no in -person meetings will be needed, and no changes to the Project description or footprint will occur triggering the need for additional application submittals/augments and/or agency reviews.
• A contingency budget has been included as an optional task (Opt. 4 in Table 3) should the Wildlife Agencies have extensive comments on the Consistency Determination/DBESP (included in the biological resources report currently being prepared under separate contract) or require additional surveys or studies. The scope of this optional task includes having to have the DBESP revised and conducting a Burrowing Owl survey/report.

DELIVERABLE
• Obtain the Wildlife Agencies' Approval on the Consistency Determination and DBESP via email or department letterhead.

TASK 5 —PERMIT IMPLEMENTATION SERVICES FOR CONSTRUCTION (OPTIONAL) OBJECTIVE: Permit implementation services will be required prior to construction, during construction, and post construction to document compliance and project close-out with the agencies. Actual time and cost for this effort can vary dramatically based on ultimate permit conditions (once permits are procured and conditions known), contractor schedule, and contractor adherence to such conditions. Therefore, this task provides a list of anticipated services that will be required and assumes a time and materials estimated cost for 60 staff hours (Opt. 5 in Table 3).

SCOPE OF WORK
• Facilitate purchase of mitigation credits from an agency -approved mitigation bank such as the Riverside Corona Resource Conservation District.
• Environmental oversight of contractor provided reports (such as the preparation of a Nesting Bird Plan, pre -construction surveys, and any cultural/paleontological monitoring). The environmental oversight of contractor optional task is anticipated to include reviewing up to three reports, confirm that deliverables are submitted to regulatory agencies, and up to one field meeting.
4

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Pennsylvania Avenue Improvement Projects — Beaumont, CA 12/7/2018 Proposal for Regulatory Permitting & MSHCP Services • Pre -construction coordination with City staff, City Project Engineering Consultant(s), USACE, RWQCB and CDFW.
• Facilitate permit compliance and facilitate agency sign -off of completed work.

PROJECT SCHEDULE
To accomplish these tasks M&N proposes the following schedule, as shown in Table 1, once given the notice to proceed (NTP):

Table 1— Project Schedule
Task No.

Description
Schedule
1 Permit Streamlining Strategy and Management
After NTP to end of contract
2 Regulatory Agency Permit Applications (draft sent to City for review) _
2 — 3 weeks
(After approved footprint)
3 Coordination with Regulatory Agencies
3-12 months*
(Subsequent to Task 2)
4 MSHCP and DBESP Coordination with Regulatory Agencies Concurrent with Task 2 and 3
* Note: Every effort will be made to streamline timing of obtaining the USACE 404 Permit, RWQCB 401 Certification and CDFW 1602 Agreement; however, workloads of Resource Agency personnel are outside of the control of M&N staff, and delays are possible.

M&N FEE SCHEDULE
To accomplish these tasks M&N proposes the following fee schedule, as shown in Table 2, once given the notice to proceed (NTP):

Table 2 — Fee Schedule
Task No.

Task Description
Fee
1 Permit Streamlining Strategy and Management
$1,694
2 Regulatory Agency Permit Applications RWQCB 401 and CDFW 1602 $9,912
3 Coordination with Regulatory Agencies and Obtain Permits $10,430
4 MSHCP and DBESP Coordination with Regulatory Agencies $3,906
TOTAL
$25,942
Optional tasks are identified in Table 3.

Table 3 — Optional Tasks Fee Schedule
Task No.

Optional Task Description
Fee
Opt. 2
USACE 404 PCN (If required due to more the 1/10 acre impacts) $5,992
Opt. 3
USACE 404 PCN processing (If required due to more the 1/10 acre impacts) $2,870
Opt. 4
Contingency additional work required for DBESP (assumes 20 hours) $4,424
Opt. 5
Permit Implementation Services for Construction (assumes 60 hours) $12,390
ODC - Mileage
$68

OPTIONAL TOTAL
$25,676
5

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Pennsylvania Avenue Improvement Projects — Beaumont, CA 12/7/2018 Proposal for Regulatory Permitting & MSHCP Services

AGENCY FEES
The following agency fees are estimated for the applications and compensatory mitigation and are provided to the City for informational purposes (Table 4). Such fees are -subject to change and are not within the control of M&N.

Table 4 —Agency Fees Anticipated (to be paid directly from City to Agency) Task No.

Description
-ee;::
1 404 USACE Application Fee .
$0
2 401 RWQCB Application and Project Fees (note that the total Project fee is $14,489 per acre of impact; therefore, this fee will vary depending ultimate impact numbers)
$1,638
3 1602 CDFW Application Fee (set fee for projects with a total cost of $350,000 or more)
$5,145.75
4 Compensatory Mitigation Credits (Estimated at $265,000 per Acre x 3:1 ratio x estimated 0.2 acres of impact to Waters of U.S./State). Cost may be reduced or increased depending on level of actual impacts.
$159,000
TOTAL
$165,783.75
Note all fees are subject to agency review and based upon impacts to jurisdiction waters from the approved project footprint.
wag
6

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Gi7-T-Z

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN

CITY OF BEAUMONT AND MOFFATT & NICHOL, FOR ENVIRONMENTAL

SERVICES FOR THE PENNSYLVANIA AVENUE WIDENING PROJECT

THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 2"d day of February, 2021, by and between the CITY OF BEAUMONT, a general law city, ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Moffatt & Nichol whose address is 4225 East Conant Street, Long Beach. CA 90808 ("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 19t1, 2017, the City and MOFFATT & NICHOL, entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor" for providing Environmental Documentation Services for the Pennsylvania Avenue Interchange Improvement Project, Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project. ("Agreement").

B. On or about, January 2"s, 2019, the City and MOFFATT & NICHOL entered into that certain FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT ("First Amendment") whereby the scope of services and compensation under the Agreement was increased.

C. City has requested a further change in scope to the work under the Agreement regarding Enviromnental Services a copy of which is attached hereto as Exhibit "A", and incorporated herein by this reference.

2. AMENDMENT
Section 2 of the Agreement is hereby amended to add to the Services those services identified in the Proposal attached hereto as Exhibit "A".

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original Agreement, compensation was set at Two Hundred Ninety Five Thousand Five Hundred Twenty Three Dollars ($295,523.00). Under the First Amendment compensation was increased by the maximum amount of Fifty One Thousand Six Hundred Eighteen Dollars ($51,618.00) resulting in total compensation under the Agreement not to exceed Three Hundred Forty Seven Thousand One Hundred Forty One Dollars

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($347,141.00).

Per this Second Amendment, compensation of Three Hundred Forty Seven Thousand One Hundred Forty One Dollars ($347,141.00) is increased by the maximum amount of Sixty Four Thousand Five Hundred Twenty Eight Dollars ($64,528.00) as provided in the Proposal attached hereto as Exhibit "A" resulting in total compensation under the Agreement not to exceed Four Hundred Eleven Thousand Six Hundred Sixty Nine Dollars ($411,669).

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 First Amendment to Professional Services Agreement to be effective as of the day and year first above -written.

CITY:

CITY OF BEAUM NT
Mayor
CONTRACTOR:
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BY: /022ddiA.

Print Name: /)IO,tbZ .01-64,277y
Title: GOE /9,16a:/ ="4.)7—

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EXHIBIT "A"
PROPOSAL DATED November 11m, 2020

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4225 E. Conant Street
Long Beach, CA 90808
moftatt & nichol
(562) 590-6500
www. moffattnichol.com
November 11, 2020
Mr. Jeff Hart
City of Beaumont Public Works Director
550 E. 6th Street
Beaumont, CA 92223
Subject: Pennsylvania Avenue Widening Project - Amendment Request #2 for Environmental Documentation Services (CEQA)
Dear Mr. Hart:

Moffatt and Nichol (M&N) is pleased to provide the City of Beaumont with continued assistance on the Pennsylvania Avenue Widening Project. This amendment request is to our existing contract dated December 19, 2017 to provide "Environmental Documentation Services for Pennsylvania Avenue Interchange Improvement Project, Pennsylvania Avenue Widening Project and the Pennsylvania Avenue Grade Separation Project." Specifically, this Amendment #2 request is to (1) extend the contract beyond December 19, 2020, and (2) provide continued California Environmental Quality Act (CEQA) services for the Pennsylvania Avenue Widening Project (Widening Project) due to project description changes, changes to the CEQA Environmental Checklist, revision to USACE regulations on Waters of the United States definition, and newSB743 legislation (requirement to analyze vehicles miles travelled) that occurred in June -July 2020 after production of the environmental documentation had already commenced.

Amendment #1 dated January 2, 2019 was approved for (1) extending the contract to December 19, 2020 (term of agreement) and (2) providing Regulatory and Multiple Species Habitat Conservation Plan (MSHCP) services specifically for the Pennsylvania Avenue Widening Project (additional services and compensation). Amendment #1 services were not included in the original 2017 contract because the original contract was only for services during the environmental document phase (technical studies and the environmental document), and these regulatory services are completed during final design, which is the project phase after the environmental document phase.

M&N continues to provide CEQA services for the Widening Project, which initially commenced in December of 2019 and was anticipated to require a total of 47 weeks to complete. Project milestones include: prepare the environmental documentation, circulate for public review, respond to agency and public comments and file the notice of determination upon City certification of the environmental document (Initial Study/Mitigated Negative Declaration [IS/MND]) and project approval. Since 2019 and in June -July 2020, the Widening Project has undergone design changes from the original 95% Plan Set, regulatory changes (SB743 implementation and USACE jurisdiction definition), and also changes in CEQA that require additional effort to complete the tasks. Design changes include removing the sidewalk from the moffatt & nichol
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Creative People, Practical Solutions.®

City of Beaumont
Pennsylvania Avenue Widening Project Amendment Request #2 (CEQA) east side of Pennsylvania Avenue, incorporating new structural Best Management Practices (BMP)s and a revised project footprint. These project description changes will require additional effort to update the supportive technical analysis/studies already completed and update environmental resource analyses in the IS/MND.

Recent (July 2020) state implementation of SB743 and transition to Vehicle Miles Travelled (VMT) analysis will also require additional effort to coordinate with the City's traffic consultant, and to update the IS/MND and air quality and noise analyses. See attached Air Quality and Noise Scope of Work from Entech Consulting Group.

Results of the palaeontological records search performed by the San Bernardino County Museum in September 2018 conducted a literature search which was not conclusive with regard to paleontological resources in the project area, and determined the need for a paleontological field survey of the project site. This scope of services includes a field survey of the project site with regard to paleontological resources, and a written report to document the findings. An addendum to the Cultural Report is also needed due to the change in project footprint. See attached Cultural Resource Assessment Addendum and Paleontological Survey/Assessment Scope of Work from CRM Tech.

As a result of the new project footprint and the new USACE regulations on their jurisdiction of waters of the US, changes have occurred which impact the analysis of the biological resources on the project site. Therefore, a Determination of Biologically Equivalent or Superior Preservation (DBESP) needs to be prepared. See attached DBESP Scope of Work from Jericho Systems.

Finally, the CEQA Appendix G Checklist (which is used for the IS/MND analysis) was revised, and additional questions/analysis needs to be conducted to comply with the new regulations.

Due to the various changes in circumstance regarding the project description, legislation and time-lapse in the assumed schedule described above, M&N respectfully requests additional authority to complete the revised technical studies and environmental document. The tasks and requested fees are described in Attachment A Scope of Work. The scope of work and fees are contingent upon the assumptions and exclusions also included in Attachment A.

If you have any questions or require additional information, please contact me at 562-317-3491.

We look forward to working with you.

Sincerely,

MOFFATT & NICHOL
dia
Stephanie S. Oslick, AICP, ENV SP
Project Manager
Encl: Attachment A: Scope of Work and Fee
moffatt & nichol
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City of Beaumont
Pennsylvania Avenue Widening Project Amendment Request #2 (CEQA) Attachment A
(Scope of Work and Fee)
TASK 1— PROJECT DESCRIPTION UPDATES
M&N will update the project description and environmental mapping based on design changes made to the original 95% Plan Set prepared by Kimley Horn (KH) in 2019 and revised in June -July 2020. The project description will account for removing the sidewalk from the east side of Pennsylvania Avenue, incorporating new structural Best Management Practices (BMP)s for Water Quality and the revised environmental project footprint.

Scope of work:
• Coordinate with Project Engineer for updated 95% Plan Set and CAD Files. • Identify Project Description changes and revise per latest Plan Set. • Convert CAD files to GIS and update environmental project footprint exhibit.

Deliverable:
• Revised Project Description and project footprint exhibit will be included in IS/MND.

TASK 2 — ENVIRONMENTAL TECHNICAL STUDIES COORDINATION AND QC/EDITS M&N will coordinate with the technical specialists to provide the latest Project Description, Environmental Project Footprint and respond to requests for information needed to update their analyses/studies. M&N oversight will include quality control for adequacy of analysis, findings and any required mitigation language consistent with CEQA.

Scope of work:
• Coordinate with specialists to revise analyses based on current conditions. • Oversee and Quality Control of analyses and any proposed mitigation for Air Quality, Biological Resources, Cultural Resources, Hazardous Materials, Noise and Water Quality. • Coordinate with City as needed regarding findings of the technical analyses.

Deliverable:
• No specific deliverable for this task. Deliverables associated with this task are included in Task 3 and Task 5 below.

TASK 3 — ENVIRONMENTAL DOCUMENT/ANALYSIS UPDATE
M&N will revise the environmental document for consistency with the updated Project Description and Environmental Project Footprint described under Task 1 above. The Initial Study 'i" moffatt & nichol
3

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Creative People, Practical Solutions.®

City of Beaumont
Pennsylvania Avenue Widening Project Amendment Request #2 (CEQA) covers 21 environmental topic areas based on the CEQA Guidelines Appendix G. Revisions will be made to ensure the document is up-to-date based on the current design, time-lapse since work was initiated in 2019 and new regulatory changes made to the updated CEQA Appendix G Environmental Checklist, USACE regulations, and SB 743 vehicle miles travelled (VMT) requirements.

Scope of work:
• Update IS/MND with new CEQA Appendix G checklist and answer questions. • Review IS/MND environmental topic areas and update as needed for consistency with new Project Description and Environmental Project Footprint. • Coordinate with City's traffic consultant, review and comment on revised traffic study and update document analyses for consistency with SB 743 VMT analysis.

Deliverables:
• Revised administrative Draft IS/MND.
• Public Draft IS/MND for circulation.

TASK 4 — PROJECT MANAGEMENT
M&N will manage the environmental document, billing, invoicing and contract between the City and M&N's subconsultants.

Deliverable:
• No specific deliverable for this Task.

TASK 5 — SUBCONSULTANT TECHNICAL ANALYSIS/STUDY UPDATES M&N and our specialists will revise the technical analyses consistent with the revised Project Description and Environmental Project Footprint, and to account for the time lapse since the project was initiated in 2019 and the changes in regulation that have occurred during that time (i.e. CEQA Appendix G Updates, SB743 VMT requirements, and USACE definition changes to Waters of the US). Also, required is a paleontology field survey based on results of the SB County Museum database research.

Scope of work:
• Update analyses and studies consistent with current revised project description, environmental footprint, and regulations.

Deliverable:
• Revised analyses and studies for Air Quality, Biological Resources, Cultural Resources, Hazardous Materials, Noise and Paleontology.
moffatt & nichol
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Beaumont City CouncilOctober 1, 2024

Beaumont City Council
October 1, 2024