Beaumont City Council
March 4, 2025

THE PRESS -ENTERPRISE

KEEP YOUR EYES ON THE 'PRISE
pe.com
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Account Number:

Ad Order Number:

Customer's Reference/PO Number:

Publication:

Publication Dates:

Total Amount:

Payment Amount:

Amount Due:

Notice ID:

Invoice Text:
5209298
0011720240
The Press -Enterprise
02/19/2025
$174.51
$0.00
$174.51
opOMdBI2Iz8eJepRYbWH
NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The City of Beaumont's public hearing will be held at 6:00 p.m. on Tuesday, March 4, 2025, at 550 East Sixth Street, Beaumont, California. REVISIONS TO THE APPROVED CAPITAL IMPROVEMENT PROJECT PLAN FOR FYS 2023/24 - 2027/28 This meeting will be open to the public and will be recorded for live streaming on the City's official YouTube webpage . Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Public comments will be accepted using the following options: 1. Emailed comments will be read aloud during the corresponding item of the meeting. Please submit your comments to [email protected] 2. In person public comments. 3. Call -in comments using a designated public comment phone line (951) 922-4845. City Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. Dated:

February 18, 2025
CIP Amend 4 - Page 1 of 1

THE PRESS -ENTERPRISE

KEEP YOUR EYES ON THE 'PRISE
The Press -Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press -Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011720240
FILE NO. 0011720240

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above -
entitled matter. I am an authorized
representative of THE PRESS -
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
02119/2025
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: February 19, 2025.

At: Riverside, California
Signature
NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct a public hearing to consider the matter described below. The City of Beaumont's public hearing will be held at 6:00 p.m. on Tuesday, March 4, 2025, at 550 East Sixth Street, Beaumont, California.

REVISIONS TO THE APPROVED CAPITAL IMPROVEMENT
PROJECT PLAN FOR FY52023/24-2027/28
This meeting will be open to the public and will be recorded for live streaming on the City's official YouTube webmige . Please use the following link during the meeting for live stream access:

BeaumontCa.gov/Livestream
Public comments will be accepted using the following options:

1. Emalled comments will be read aloud during the corresponding item of the meeting. Please submit your comments to NlcoieW@ BeaumontCa.gov

2. In person public comments.

3. CaII-ln comments using a designated public comment phone line (951) 922-4845.

City Council will conduct a public hearing to receive testimony and comments from all interested persons. Public comments shall not exceed three minutes unless otherwise authorized by City Council.

Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding Item.

Dated: February 18, 2025
The Press -Enterprise
Published: 2/19/25
CIP Amend 4 - Page 1 of 1

BEAUMONT

CALIFORNIA
DATE: 2/25/2025
DEPARTM ENT NAME: Public Works - CIP
PREPARED BY: Jennifer Ustation
Department Approval:

City Manager Approval:

City Council Approval:
*Account Number for Example only
City of Beaumont
Budget Adjustment Form
FY 2024/2025
Revenue = (Credit)
Expense = Debit
Revenue = (Credit)
Expense = Debit
Debit
(Credit)

ACCOUNT NUMBER

ACCOUNT DESCRIPTION

CURRENT
BUDGET

ADJUSTMENT

NEW BUDGET
AMT
Explanations /Justification
2016-003PH2A
500-0000-8030-0000
Infrastructure Improvements
167,532,487.00
5,600,000.00
173,132,487.00
Increase Potrero PH2 Project
2016-003PH2G
500-0000-4460-0000
Grants
(67,695,367.00)
(600,000.00)
(68,295,367.00)
TIP Pass TUMF Funds increase
2016-003PH2X 500-
0000-9950-0000
Transfers In
(66,408,468.00)
(5,000,000.00)
(71,408,468.00)
Generall Fund Transfer
100-0000-9960-0000
Transfers Out
11,492,743.00
5,000,000.00
16,492,743.00
General Fund Transfer
TOTALS
$ 5,000,000.00
Net Effect

BAUME ONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Carole Kendrick, Interim Community Development Director DATE March 4, 2025
SUBJECT: Public Hearing of Proposed Parking Suspension Extension Temporarily Terminating Off -Street Parking Requirements for Existing Non -Residential Structures in the Downtown District as Identified in the Downtown Districts Map
Description A request by the Planning and Economic Development Departments to establish an extension of an ordinance temporarily terminating off-street parking requirements for existing, non-residential structures in the Downtown District as defined by the Downtown Districts map boundaries. The proposed extension would be in effect for a period not to exceed eighteen (18) months.

Background and Analysis:

Over the past several years, staff has been making incremental progress assessing the needs of downtown businesses. In 2018, the City adopted an Economic Development Strategic Plan. In 2020, the City received a grant for a Parking Management Master Plan. In 2021, the General Plan Update was adopted. In 2024, the Downtown Beaumont Revitalization Plan (DBRP) was adopted. Each of these have contributed to the evaluation of and adjustments to how City staff approaches various processes and programs.

One of the main programs staff is currently running through the Economic Development Department are the Downtown Incentives. These provide an array of financial and staff assistance to current and future businesses. As staff conducts site visits and reviews proposals, various issues have been identified as barriers to opening a business.

Programs are currently in place to assist with many of these issues such as pre - inspections and pre -application fee waivers, grease interceptor cost sharing, fire sprinklers and fagade improvements.

With programs in place to address the bulk of the structural issues, on -site parking requirements remain a barrier to many businesses. A majority of the lots and buildings in the Downtown District (Attachment B) were created and constructed decades ago.

Current parking standards were adopted in 2007 and are applied City wide. These standards do not take into consideration the site constraints of downtown properties and are not conducive to facilitating revitalization downtown.

In 2023, the Planning Commission forwarded a recommendation of approval of PLAN2023-1001 to the City Council to suspend parking in the downtown area related to non-residential structures. The City Council adopted PLAN2023-1001 on September 5, 2023, as shown in Ordinance No. 1162 (Attachment D).

The City Council has adopted a number of documents which contain goals or action items to implement throughout the City. The following are a few goals or actions related to Downtown:

Economic Development Strategic Plan (2018)

ENTREPRENEURIAL DEVELOPMENT
D. Incorporate real estate development / revitalization programs into entrepreneurial development programs, as appropriate to the extent that entrepreneurs' space -using options are currently constrained.

REAL ESTATE DEVELOPMENT AND REVITALIZATION/REDEVELOPMENT A. Continually monitor coordination efforts between the General Plan and other research work and economic development objectives and actions. For example:
• Explicitly relate planned commercial/industrial areas to industry targets and the City's overall economic development approach.
• Show how areas designated for revitalization relate to economic development targets and programs.
• Show how the repurposing of certain structures/areas can support startup companies.
• The intent of this ongoing monitoring effort would be to ensure that the City's various development -related policies remain in sync and, when appropriate, to make future policy adjustments to maximize the alignment of these closely related programs.

C. Create and market incentives for redevelopment / revitalization of older properties (potentially including non -financial incentives such as expedited entitlements and permit processing)
E. As appropriate, contact the owners of commercial properties that might benefit from revitalization efforts to assess interest and potential partnerships or other forms of public support to achieve revitalization / redevelopment goals.

PLACEMAKING
B. Identify and promote actions to encourage the placemaking potential of the Downtown area within the framework of the Downtown Specific Plan.

General Plan (2021)
Goal 5.1: A dynamic local economy that attracts diverse business and investment. • 5.1.5 Maintain a regulatory environment that is business friendly, easy to navigate, flexible and encourages growth consistent with the General Plan
• 5.1.7 Support a variety of revitalization and improvement programs focused on placemaking and beautification, such as facade improvements, public gathering places, public art, and community events. (Also see Land Use and Community Design Element)
Goal 5.4: A community that supports the growth and prosperity of local businesses. • 5.4.3 Encourage investment and focus revitalization efforts in Downtown and along Beaumont Avenue and Second Street corridors to have the most positive impact on existing businesses and to capitalize on the potential of a walkable mixed -use commercial center in the community Goal 5.5: A community with vibrant shopping areas.
• 5.5.7 Create development regulations that facilitate adaptive reuse of older buildings.

Parking Management Master Plan (2021)
Short -Term Recommendations (1-2 years)
3) Lower parking requirements for the downtown area
The Parking Management Master Plan identified a parking surplus of 828 spaces on - street and off-street, in the Downtown Core Subarea which aligns with the Downtown District shown in Attachment B.

City Council Strategic Plan (2023)
Priority Level 3 Goals:
• Develop a pedestrian style downtown with shopping, restaurants, and parking (Target #3, Goal #2)
• Recruit and attract businesses, including an anchor tenant, downtown hotel, and medical providers (Target #3, Goal #4)
• Revisit the City's Municipal Codes and Zoning (Target #3, Goal #6)

Through the revitalization efforts and incentive program applications, staff has encountered instances where a property has no parking or very minimal parking on -site.

This means in many cases a business cannot occupy a property or cannot expand their existing business to add space, due to the parking requirements. This is a particular issue in the heart of downtown.

The Planning Department is currently processing a comprehensive zoning code. As part of this process, utilizing previous and current data, downtown parking standards (among other things) will be assessed, and revisions recommended.

In the interim, to assist with continuing progress on meeting Council's goals and to facilitate continued interest in the downtown, staff is proposing an extension of the temporary relief (not exceeding 18 months), from parking standards, specific to existing, non-residential structures in the Downtown District while the Comprehensive Zoning Code Update is in process.

Public Communications Received:

A public notice was placed in the Press Enterprise on January 30, 2025. At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Proof of publication is included as Attachment E to this staff report.

Planning Commission/City Council Authority:

The Beaumont Municipal Code Section 17.02.080.E authorizes the Planning Commission to recommend to the City Council approval, approval with modifications, or denial of the proposed application. The Commission's recommendation shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council.

The Planning Commission, by vote of 4-0, forwarded a recommendation of approval to the City Council at the February 12, 2025, meeting.

Beaumont Municipal Code 17.02.080.G, the City Council shall act to approve or deny the application by resolution. Approval by the City Council requires the following findings of fact before approving:

1. That the temporary suspension is consistent with the goals, policies, and objectives of the General Plan; and

2. That the proposed temporary suspension will not adversely affect surrounding properties; and

3. That the proposed temporary suspension promotes public health, safety, and general welfare and serves the goals and purposes of this zoning ordinance.

The findings can be made as shown in the staff report.

Environmental Determination:

In accordance with the California Environmental Quality Act (CEQA) Guidelines, Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment.

Fiscal Impact:

The cost to prepare this staff report is approximately $300.

Recommended Action:

Hold a Public Hearing; and
Waive the first full reading and approve by title only "An Ordinance of the City Council of the City of Beaumont Extending the Temporary Suspension of Parking Requirements for Existing, Non-residential Structures in the Downtown District for a Period not to Exceed Eighteen (18) Months."
Attachments:

A. Draft Ordinance
B. Downtown Districts Map
C. Downtown Beaumont Revitalization Parking Recommendations D. Ordinance No. 1162
E. Proof of Publication
Incorporated herein by Reference:
• City of Beaumont General Plan
• City of Beaumont Zoning Ordinance
• City of Beaumont Strategic Plan
• City of Beaumont Downtown Beaumont Revitalization Plan • City of Beaumont Economic Development Strategic Plan
• Parking Management Master

• Contents of City of Beaumont Planning Department Project File PLAN2023-1001 & PLAN2025-0180
• City of Beaumont Ordinance No. 1162 Temporary Off — Street Parking

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, EXTENDING A SUSPENION OF

PARKING REQUIREMENTS FOR EXISTING NON-

RESIDENTIAL STRUCTURES IN THE DOWNTOWN

AREA AS IDENTIFIED IN THE DOWNTOWN BEAUMONT

REVITALIZATION PLAN MAP FOR A PERIOD OF
EIGHTEEN (18) MONTHS
WHEREAS, the City Council desires to promote and encourage business activity in the downtown area of the City; and
WHEREAS, there are vacant buildings in downtown Beaumont built in decades past which cannot be utilized for their intended uses due to lack of the number of parking spaces required by the City's current parking requirements; and WHEREAS, Vacant buildings are a threat to public peace, health, safety and welfare as they contribute to blight, are a drain on City resources and fail to generate much needed business activity in downtown Beaumont.

WHEREAS, The City of Beaumont is in the process of preparing a Downtown Revitalization Plan and updating the zoning code, both of which envision a City structure that enhances the quality of life of the residents, enhances the health safety and welfare of the community, meets the community's vision for the future, and connects new growth areas together with established Beaumont neighborhoods; and WHEREAS, Current parking requirements do not support the City's goals of achieving revitalization in the Downtown and promoting a vibrant, walkable environment and promoting the aesthetic and fiscal health of the community.

WHEREAS, a duly noticed public hearing was conducted on this ordinance as required by law by the Planning Commission on August 23, 2023; and WHEREAS, the City Council of the City of Beaumont at a duly noticed public hearing was conducted on this ordinance as required by law by the City Council on September 5, 2023 has reviewed the reasons for the recommendation of approval by the Planning Commission as described above; and
WHEREAS, the City Council of the City of Beaumont adopted Ordinance No. 1162; and
1

WHEREAS, a duly noticed public hearing was conducted on this ordinance as required by law by the Planning Commission on February 12, 2025; and WHEREAS, the City Council of the City of Beaumont at a duly noticed public hearing was conducted on this ordinance as required by law by the City Council on March 4, 2025 has reviewed the reasons for the recommendation of approval by the Planning Commission as described above

THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council hereby finds that the extension of temporary suspension of parking requirements established in Beaumont Municipal Code Chapter 17.05, in the downtown area, is consistent with the adopted policies in the City of Beaumont Economic Development Strategic Plan and the General Plan of the City of Beaumont.

For purposes of this ordinance, the downtown area is defined in Exhibit "A", attached hereto and made a part hereof by this reference. The suspension of Beaumont Municipal Code Chapter 17.05 shall end no earlier than October 30, 2026, or when the City Council adopts the new zoning ordinance that is currently under review.

SECTION 2: The City's General Plan and the Economic Development Strategic Plan include specific goals and policies that aim to promote fiscal stability and business growth. Specifically, goals of the City's General Plan provide for maintaining and, where appropriate expanding the City's commercial base and promoting development of modern and attractive business activities that will enhance the City's economic well- being. The Safety Element of the General Plan strives to take public health safety and welfare impacts into consideration and incorporate measures to mitigate the likelihood of visual blight, nuisance and criminal activity. Due to the City's need to update the Zoning Code and Economic Development Strategic Plan, it is important that the City study and evaluate options available to it regarding regulation of parking in the Downtown area to prevent the adverse impacts that may result from unoccupied buildings in the City's downtown.
2

SECTION 3: In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment.

SECTION 4: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City.

AYES:

NOES:

ABSENT:

ABSTAIN:

Mike Lara, Mayor
Attest:

Deputy City Clerk
3

Approved as to form:

John 0. Pinkney, City Attorney
4

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5.9 PARKING

RECOMMENDATIONS
The Revitalization of Downtown will
require the implementation of the
roadway concepts, follow through
on several Parking Management
Plan recommendations, and
adoption of additional parking
solutions shown in this chapter.

Taken together, these should
address parking demand for the
next 20 to 25 years.

SUMMARY OF THE PARKING

ANALYSIS RESULTS
In summary, the parking supply along future Beaumont Ave is anticipated to exceed future demand and will long serve as a parking resource for the community - especially during events with street closures. The future 6th St is anticipated to improve parking supply but the aforementioned
supplemental solutions may be needed to support full
build -out of a revitalized Downtown.

ALIGNMENT WITH THE PARKING

MANAGEMENT MASTER PLAN
The 2021 Parking Management Master Plan includes many
recommendations and policies that align with those of this Revitalization Plan. This plan recommends implementing
those measures; all policies in the Parking Management
Master Plan align with the Revitalization Plan.

Some policies and recommendations will benefit the City, but should be delayed until sufficient demand is apparent in the Downtown area. The recommendation in Strategy
5: Implementation of Paid Parking in the Downtown area is written to be activated when 85% occupancy along block
faces is achieved. This Revitalization Plan agrees that this is an effective method of managing parking supply; however, the City should maintain a posture of catalyzing economic activity with access to free available parking as long as tolerable. Enforcement of time -limits and rules about long-term on -street storage, as well as ensuring adequate supply should take priority before this measure is taken.

Some policies and recommendations are more immediately
beneficial to the development and roadway concepts
presented in this plan. In particular, a focus on Strategy 9 is recommended, which provides "Downtown Streetscape
and Pedestrian Infrastructure" supporting a "park once" urban approach and visitor behavior.

DOWNTOWN REVITALIZATION

PARKING RECOMMENDATIONS

AND ACTION ITEMS
The following is a list of recommended steps for which the City should plan or program among future action items, in addition to implementing the roadway concepts in this plan:
• Near -term: Maximize on -street parking at 5th St +
Wellwood Ave
• Near -term: Striping + demonstration projects for 6th • Mid-term: Alleys between California Ave and Beaumont
Ave
• Mid-term: Acquire or improve off-street parking facilities • Long-term: Sidestreet permits for residents / employees • Long-term: 6th St. Fee -in -lieu
• Long-term: Build a City -owned public parking deck
The parking deck recommendation across Orange Ave
at the City Center and Civic Center development project is an important instrument for addressing Downtown -
wide parking challenges. The closure of Lancaster
Blvd operates on the basis of large available off-street public parking lots behind street -facing businesses. This Revitalization Plan strongly advises the City to continually asses parking demand over the years of implementation
to consider:
• Park -n -ride activity that may allow new residents
to call Beaumont home by providing access to
transportation solutions in Downtown. This will
provide an economic support to Downtown and the
City at large.
• The planned size of Downtown street closures,
especially 6th St event closures that take median
parking stalls out of the public supply. These
scenarios should be carefully studied as they are
planned to model the demand impact attributable to
them.
• The experience of other historic Downtowns that
have adopted decked parking above a single level,
including Downtown Redlands and the Circle at
Orange. Beaumont leadership is encouraged to
reach out to community planners in those cities
to understand the decision inflection points that
convinced leaders to build multi -level public decks in their communities.
• Further community engagement over Strategy 6 of
the Parking Management Master Plan, a Parking
Benefit District, to assess the City's ability to use
this approach to fund a parking structure or single
parking deck. This Benefit District may be a fee on
the Downtown businesses, local taxes, or carried by a
paid parking approach as advised in Strategy 5.

Lastly, the City of Beaumont may consider the elimination of parking minimums for all land uses within the
Downtown Revitalization Plan study area - an approach
taken in many other communities with successful
outcomes in economic growth and Downtown livability.

82 ORDINANCE NO. 1162

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BEAUMONT, TEMPORARILY TERMINATING

PARKING REQUIREMENTS FOR EXISTING

NONRESIDENTIAL STRUCTURES IN THE DOWNTOWN

DISTRICT AS IDENTIFIED IN THE DOWNTOWN

DISTRICTS MAP FOR A PERIOD NOT TO EXCEED
EIGHTEEN (18) MONTHS
WHEREAS, the City Council desires to promote and encourage business activity in the downtown; and
WHEREAS, there are vacant buildings in downtown which cannot be utilized due to current parking requirements; and
WHEREAS, Vacant buildings are a threat to public peace, health, safety and welfare as they contribute to blight and are a drain on City resources.

WHEREAS, The City of Beaumont is in the process of preparing a Downtown Revitalization Plan and updating the zoning code, both which envision a City structure that enhances the quality of life of the residents, enhances the health safety and welfare of the community, meets the community's vision for the future, and connects new growth areas together with established Beaumont neighborhoods; and
WHEREAS, Current parking requirements do not support the City's goals of achieving revitalization in the Downtown and promoting a vibrant, walkable environment and promoting the aesthetic and fiscal health of the community.

WHEREAS, a duly noticed public hearing was conducted on this matter as required by law by the Planning Commission on August 23, 2023; and WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as described above;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds that the temporary termination of parking requirements established in Beaumont Municipal Code Chapter 17.05, for existing, non- residential structures, in the Downtown District, for a period not to exceed eighteen (18) months, is consistent with the adopted policies in the City of Beaumont Economic Development Strategic Plan and the General Plan of the City of Beaumont.

SECTION 2. The City's General Plan and the Economic Development Strategic Plan include specific goals and policies that aim to promote fiscal stability and business growth. Specifically, goals of the City's General Plan provide for maintaining and, where appropriate expanding the

City's commercial base and promoting development of modern and attractive business activities that will enhance the City's economic well-being. The Safety Element of the General Plan strives to take public health safety and welfare impacts into consideration and incorporate measures to mitigate the likelihood of visual blight, nuisance and criminal activity. Due to the City's need to update the Zoning Code and Economic Development Strategic Plan, it is important that the City study and evaluate options available to it regarding regulation of parking in the Downtown District (attached hereto as Exhibit "A") to prevent the adverse impacts that may result from unoccupied buildings in the City's downtown.

SECTION 3. CEQA. In accordance with California Environmental Quality Act (CEQA) Guidelines, Section 15304(e), adoption of this ordinance is categorically exempt from CEQA, because it results in a minor, temporary alteration in the use of land which will have no permanent effect on the environment.

SECTION 4. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15 days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for publishing of ordinances of said City.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the City Code.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 5th day of September 2023, by the following roll call vote:

AYES:

NOES
ABSENT:

ABSTAIN
White, Voigt, Lara, Fenn, Martinez
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 19th day of September 2023, by the following roll call vote:

AYES: White, Voigt, Lara, Martinez
NOES
ABSENT: Fenn

ABSTAIN

Attest:

Jul' . . rtinez III, May
Nicole eelwright, D ut City Clerk
Approved as to form:
ttorney

THE PRESS -ENTERPRISE

KEEP YOUR EYES ON THE 'PRISE
pe.com
3512 14 Street
Riverside, California 92501
(951) 368-9229
[email protected]
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Account Number:

Ad Order Number:

Customer's Reference/PO Number:

Publication:

Publication Dates:

Total Amount:

Payment Amount:

Amount Due:

Notice ID:

Invoice Text:
5209298
0011720678
The Press -Enterprise
02/21/2025
$268.00
$0.00
$268.00
m6U6WB2bzdGjnoRDnTGQ
LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct public hearings to consider the matter described below. The City Council's public hearing will be held at 6:00 p.m. on Tuesday, March 4, 2025, at 550 East Sixth Street, Beaumont, California. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.05 "OFF- STREET PARKING AND LOADING STANDARDS", OF THE BEAUMONT
MUNICIPAL CODE PLAN2025-0180. The purpose and intent of this ordinance is to provide temporary relief from parking standards for commercial businesses occupying existing structures in the downtown area as identified in the Downtown Beaumont Revitalization Plan Map. This Ordinance shall sunset eighteen (18) months from adoption. Public comments can be made in person, using the public comment phone line or by written email. Phone-in comments will be accepted by calling the designated public comment phone line (951) 922-4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council. Written comments can be emailed to [email protected] Public comments accepted via email will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting as well as during the meeting until the end of the corresponding item. This meeting will be conducted in person and also and will be recorded for live streaming. All City of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: BeaumontCa.gov/Livestream Carole Kendrick Interim Community PLAN2025-0180 - Page 1 of 1

THE PRESS -ENTERPRISE

KEEP YOUR EYES ON THE 'PRISE
The Press -Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Publication: The Press -Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011720678
FILE NO. 0011720678

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above -
entitled matter. I am an authorized
representative of THE PRESS -
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
02121/2025
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: February 21, 2025.

At: Riverside, California
Signature

LEGAL ADVERTISEMENT
NOTICE IS HEREBY GIVEN, that the City of Beaumont will conduct public hearings to consider the matter described below. The City Councils public hearing will he held at 6:00 p.m. on Tuesday, March 4, 2025, at 550 East Sixth Street, Beaumont, California.

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF BEAUMONT, CALIFORNIA
AMENDING CHAPTER 17.05 "OFF-STREET PARKING AND LOADING
STANDARDS",

OF THE BEAUMONT MUNICIPAL CODE
PLAN2625-0180. The purpose and intent of this ordinance is to provide temporary relief from parking standards for commercial businesses occupying existing structures in the downtown area as identified in the Downtown Beaumont Revitalization Plan Map. This Ordinance shall sunset eighteen (18) months from adoption.

Public comments can be made in person, using the public comment phone fine or by written email. Phone-in comments will be accepted by calling the designated public comment phone I1ne (951) 922- 4845 prior to the corresponding item. Public comments shall not exceed three minutes unless otherwise authorized by City Council.

Written comments can be emalled to [email protected] Public comments accepted via emall will be read aloud during the corresponding item of the meeting. Comments can be submitted any time prior to the meeting us well as during the meeting until the end of the corresponding item.

This meeting will be conducted in person and also and will be recorded for I1ve streaming. Ail City of Beaumont public meetings will be made available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for I1ve stream access: BeaumontCa.gov/Llvestream Carole Kendrick
Interim Community Development Director
[email protected]
The Press -Enterprise
Published: 2/21/25
PLAN2025-0180 - Page 1 of 1

BAUME ONT
-c A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: March 4, 2025
SUBJECT: Amendment to Cooperative Agreement for Potrero Boulevard Interchange Phase II Project
Description Amendment No .1 to Cooperative Agreement (Agreement) for the State Route 60 (SR-60)/Potrero Boulevard Interchange Phase II Project (Project) between the Riverside County Transportation Commission (RCTC) and the City of Beaumont for plans, specifications, and estimates (PS&E), right-of-way (ROW) and Construction (CON) phases.

Background and Analysis:

On March 5, 2024, the City Council approved a Cooperative Agreement with RCTC to act as lead for the PS&E and ROW phases of the Project. The original cost associated with the agreement was $5,706,000.

The proposed amendment authorizes RCTC to act as lead for the construction phase (CON). The cost associated with the CON phase is estimated to be $68,113,000. This includes construction and construction management.

Additionally, the amendment increases the cost associated with the PS&E and ROW phases by $2,000,000 for a total amount of $7,706,000. The increase is associated with a substantial increase in cost to relocate utilities. The initial estimates from February 2024 determined that approximately $2.7M would be necessary to complete the utility relocations. Now that the utility owners have prepared their relocation plans, and specifically, Williams (Utility purveyor), determined that the original 100' pipeline relocation would need to be within Western Knolls Avenue and extend up to 700', the scope of the original estimate increased substantially, from $720K to $4.7M. Please refer to Attachment C for Interoffice Memo from RCTC further explaining the additional cost.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $350.

The total estimated cost of the Agreement is $75,819,000 and will be paid from CIP 2016-003 Potrero Phase II project.

The following is a funding summary for the Project:

CIP 2016-003 Potrero Phase II Project Funding Summary
*Current Project Funding $79,306,257
CIP 2016-003 Potrero Phase II Project Budget Summary
Project
Component
Project Management
Preliminary Services
Environmental
Design
Permit
Right -of -Way
Construction V58,000,081 $58,000,000
Encumbered Paid to Date
$354,211 $(29,387)
Remaining
Budget
$324,824
$3,133,046 $(3,245,390) $(1,557,763) $(112,344)
$7,706,000 $(5,859,153) $(4,348) $1,846,847
Construction Management $10,113,000
Equip
$10,113,000
I
$70,172,327
* Pending Approval of the FY25 CIP amendment No. 4

Recommended Action:

Approve Amendment No. 1 to Cooperative Agreement between Riverside County Transportation Commission and the City of Beaumont for the State Route 60/Potrero Boulevard Interchange Phase II Project.

Attachments:

A. Amendment No. 1 to Cooperative Agreement
B. Original Agreement
C. RCTC Memo

Agreement No. 24-72-064-01
AMENDMENT NO. 1 TO

COOPERATIVE AGREEMENT

BETWEEN

RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE

CITY OF BEAUMONT
FOR THE SR-60/POTRERO BOULEVARD INTERCHANGE PHASE II PROJECT Parties and Date. This Amendment No. 1 is made and entered into this day of , 2025 ("Effective Date"), by and between the Riverside County Transportation Commission ("RCTC") and the City of Beaumont ("City"). RCTC and the City are sometimes referred to herein individually as a "Party" and collectively as the "Parties".

Recitals.

A. The City and RCTC have entered into an agreement entitled "Cooperative Agreement Between Riverside County Transportation Commission and the City of Beaumont for the SR -60 Potrero Boulevard Interchange Phase II Plans, Specifications & Estimate and Right of Way Phases" dated March 27, 2024 (the "Master Agreement").

B. The Master Agreement provides the terms and conditions, general scope, and estimated cost for the SR -60 Potrero Boulevard Interchange Phase II ("Project") PS&E and ROW Phases, as those terms are defined in the Master Agreement.

C. The Parties now desire, pursuant to this Amendment No. 1, to amend the Master Agreement to include the terms and conditions related to the funding and completion of the Project Construction phase of work ("CONS Phase").

D. Funding for the CONS Phase will be from the following funding sources:

Transportation Uniform Mitigation Fee (TUMF) Program funds distributed by the Western Riverside Council of Governments ("WRCOG"), Trade Corridor Enhancement Program ("TCEP") funds distributed by the California Department of Transportation ("Caltrans") and applicable development impact fees and other available City local funds.

E. The Parties intend to enter into a three -party agreement with WRCOG pursuant to which RCTC will invoice WRCOG directly for the City's share of TUMF funds allocated to the CONS Phase, and WRCOG will reimburse RCTC directly with such funds ("Three Party TUMF Agreement").

F. The City recognizes that RCTC is entering into a Caltrans Cooperative Agreement that identifies RCTC as the "SPONSOR" for the CONS Phase. As the "SPONSOR", RCTC is responsible for securing financial resources to fund the CONS Phase work, securing additional funds when necessary or implementing Project changes to ensure the CONS Phase work can be completed within the funds committed under the Caltrans Cooperative Agreement. The City recognizes that RCTC is entering into the Caltrans Cooperative Agreement for the benefit of the City in order to complete the 1 17336.00629\42953035.2

Project.

Terms

1. The title of the Master Agreement shall be amended to read as follows:
"Cooperative Agreement Between Riverside County Transportation Commission and the City of Beaumont for the SR -60 Potrero Boulevard Interchange Phase II Project." The revised title is reflected in the title and signature page to this Amendment No. 1.

2. Sections 3.1 through 3.5 of the Master Agreement shall be amended, in their entirety, and replaced with the following.

3.1 Estimated Cost of Project.

A. Estimated Cost of PS&E and ROW
Phases. The Parties estimate that the total cost for the PS&E and ROW Phases to be incurred by RCTC, including, but not limited to, RCTC staff and consultant project management costs, ROW acquisition costs, legal services, outreach costs, and other direct costs (but excluding the PS&E Consultant costs, which are not covered under this Cooperative
Agreement) shall be Seven Million, Seven Hundred Six
Thousand Dollars ($7,706,000) ("Estimated PS&E and ROW
Phase Costs"). The Estimated PS&E and ROW Phase Costs
are further detailed in Exhibit A attached to this Cooperative Agreement and incorporated herein by reference.

B. Estimated Cost of CONS Phase. The
Parties estimate that the total cost for the CONS Phase to be incurred by RCTC, including, but not limited to, RCTC staff and consultant project management costs, construction
management services consultant costs, construction
contractor costs, outreach costs, and other direct costs shall be Sixty -Eight Million, One Hundred Thirteen Thousand
Dollars ($68,113,000) ("Estimated CONS Phase Costs"). The Estimated CONS Phase Costs are further detailed in Exhibit A-1 attached to this Cooperative Agreement and incorporated herein by reference.

3.2 PS&E and ROW Phases of Work; CONS Phase
of Work.

A. RCTC shall be the lead agency for the
PS&E and ROW Phases, and for the CONS Phase. All costs
and expenses incurred by RCTC for the PS&E and ROW
Phases and for the CONS Phase shall be reimbursed by the City using applicable development impact fees, or other local funding sources available to the City. The Parties agree that 2 17336.00629\42953035.2

RCTC shall not have any obligation to fund the PS&E or ROW Phases or the CONS Phase using its own funds. In the case that funds in addition to the funding amount specified in Section 3.1 above are needed to complete the PS&E and
ROW Phases or the CONS Phase, the City shall be
responsible for identifying and obtaining such additional funding. Allocation of additional funding shall be by
amendment to this Cooperative Agreement or by separate
agreement.

B. RCTC shall manage the PS&E
Consultant and shall complete such other work and services required for the PS&E and ROW Phases within the term of this Cooperative Agreement, as provided in Section 3.3, unless extended by mutual agreement of the Parties.

C. RCTC shall procure and manage the
construction management consultant and construction
contractor ("Contractor") contracts, and complete such other work and services required for the CONS Phase within the term of this Cooperative Agreement, as provided in Section

3.3, unless extended by mutual agreement of the Parties.

The CONS Phase work may include, but is not limited to, bidding, advertising and awarding of the construction contract; construction costs, including the cost of approved change orders; construction management, field inspection, plant establishment period, and material testing, preparation of as - built plans, record of survey, and project close-out costs.

Notwithstanding the forgoing, if the lowest responsible and responsive bidder for the CONS Phase is greater than the estimated amount approved by the City, such higher bid will require the prior written approval of the City.

RCTC shall have the right to approve change orders in
accordance with construction contract documents and
applicable law, provided that if the change order shall increase the reimbursement obligation of City under this Agreement, RCTC shall first provide a detailed explanation of the reason for the change order obtain the approval of City, which approval shall not be unreasonably withheld,
conditioned or delayed.

3.3 Term of Agreement. The term of this Cooperative
Agreement shall extend from the Effective Date and shall remain in effect through December 31, 2030, or until written 3 17336.00629\42953035.2

agreement by the Parties that the PS&E and ROW Phases
and the CONS Phase have been completed, unless earlier
terminated as provided in this Cooperative Agreement.

3.4 Cooperation. RCTC and the City agree to cooperate
in the development of the PS&E and ROW documents and
the CONS bid and contract documents and other CONS
related documents required for Project, completion of the PS&E and ROW Phases and CONS Phase, and the
implementation of this Cooperative Agreement.

3.5 Reporting. RCTC shall, on a monthly basis , provide milestone reports to the City, detailing the progress of the PS&E and ROW Phases and the CONS Phase. RCTC shall
promptly respond to questions and inquiries from the City regarding the progress and the status of the PS&E and ROW Phases and the CONS Phase.

3. Section 3.6 of the Agreement, Obligations of the City, shall be revised to include the following provisions.

I. The City may provide a City oversight engineer or other City staff to oversee any CONS Phase work or services at its own cost. RCTC will cooperate with the City's oversight engineer or other staff in regards to such oversight by providing copies of requested records and reasonable
access to the construction site.

J. The City shall process any City encroachment permits required for the CONS Phases at no cost to RCTC or its
consultant(s) or Contractor provided that RCTC or the
consultant(s)/Contractor, as the case may be, submits a complete application for such encroachment permits
consistent with City's requirements. The determination on whether the application is complete and whether an
encroachment permit may be issued shall be made by the
City in its sole and absolute discretion pursuant to its municipal code, policies, procedures, and any other
applicable law.

K. The CITY shall inspect the CONS Phase work upon written notice of completion of the work by RCTC to the City, and shall timely provide approval or identify any punch list items, in writing, identified by the City within thirty (30) days of such request.

L. The City and RCTC shall work cooperatively, and shall 4 17336.00629\42953035.2

provide prompt responses and assistance to each other to ensure the timely completion of the CONS Phase.

4. Section 3.7 of the Agreement, Obligations of RCTC, shall be revised to include the following provisions.

H. RCTC shall serve as the lead agency for the CONS Phase.

RCTC shall be responsible for securing state, regional or federal funds identified in the attached Funding Summary, to the extent applicable, including the TUMF and TCEP
funding; procuring, retaining and overseeing the
construction management consultant and Contractor, and
any other contracts required for completion of the CONS Phase.

I. RCTC shall review and pay consultant and Contractor
invoices for the CONS Phase and submit approved
invoices to the City for reimbursement on a monthly basis.

RCTC shall use its best efforts to produce such invoices the month following the performance of the work covered by the invoice.

J. RCTC shall notify the City upon Project completion, and provide the City a reasonable period to inspect and
approve the CONS Phase work, or to identify any punch
list items.

K. RCTC shall invoice the City for CONS Phase expenses to be funded with City development impact fees and local
funds, incurred in accordance with this Cooperative
Agreement, no less frequently than monthly in any month in which reimbursable expenses are incurred. Invoices
submitted to the City shall be in a form and include such detail as reasonably requested by the City.

L. RCTC shall invoice WRCOG directly for CONS Phase
expenses to be funded with TUMF funds, incurred in
accordance with this Cooperative Agreement and the
Three Party TUMF Agreement. RCTC shall submit
invoices to WRCOG at the frequency specified in the
Three Party TUMF Agreement, in a form and with such
detail as required by WRCOG. RCTC shall provide copies
of such invoices to the City at the same time.

M. RCTC shall invoice Caltrans directly for CONS Phase
expenses to be funded with TCEP funds, incurred in
accordance with this Cooperative Agreement and the
5 17336.00629\42953035.2

Caltrans Cooperative Agreement. RCTC shall submit
invoices to Caltrans at the frequency specified in the
Caltrans Cooperative Agreement, in a form and with such detail as required by Caltrans. RCTC shall provide copies of such invoices to the City at the same time.

5. The City shall hold RCTC harmless from any liability incurred by RCTC in its role as the SPONSOR under the Caltrans Cooperative Agreement; shall secure additional funding for the CONS Phase, if required; or shall agree to Project changes to ensure the CONS Phase work can be completed within the Caltrans Cooperative Agreement funding amount.

6. The Cooperative Agreement shall be amended to include a new Exhibit "A- 1", which exhibit includes a Funding Summary for the CONS Phase estimate.

7. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. Facsimile signatures, including signatures transmitted by electronic mail, shall have the same force and effect as original signatures.

8. This Amendment No. 1 shall be governed by the laws of the State of California. Venue shall be in Riverside County.

9. Except as amended by this Amendment No. 1, all provisions of the Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1.
[Signatures on following page]
6 17336.00629\42953035.2

SIGNATURE PAGE
TO
AMENDMENT NO. 1 TO

COOPERATIVE AGREEMENT FOR
SR-60/POTRERO BOULEVARD INTERCHANGE PROJECT
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement as of the Effective Date.

RIVERSIDE COUNTY CITY OF BEAUMONT

TRANSPORTATION COMMISSION
By: By:

Aaron Hake, Executive Director
Title:

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Best Best & Krieger LLP
Counsel to RCTC Title:

ATTEST:

By:

Title:
7 17336.00629\42953035.2

EXHIBIT "A-1"
CONS SCOPE of WORK

FUNDING SUMMARY
The estimated cost of the CONS Phase (which shall include construction management and construction contracts) for the Project, as further detailed below, is set forth in the Funding Summary below.

THE SR-60/POTRERO BLVD INTERCHANGE PHASE 2 PROJECT IS LOCATED IN

THE CITY OF BEAUMONT AT THE WESTERN END OF THE SAN GORGONIO PASS AREA OF RIVERSIDE COUNTY ON SR -60, BETWEEN JACK RABBIT TRAIL AND THE SR -60/I-10 JUNCTION. THE PROJECT RECEIVED ED APPROVAL ON MARCH 1, 2013. PHASE 2 WILL RESUME COMPLETION OF THE REMAINDER OF THE

PROJECT WHICH INCLUDES THE CONSTRUCTION OF THE FOLLOWING PROPOSED IMPROVEMENTS; WIDENING POTRERO BLVD TO 6 LANES, 2 DIAGONAL ON -RAMPS, 2 LOOP ON -RAMPS, 2 DIAGONAL OFF -RAMPS, REALIGNMENT OF WESTERN KNOLLS AVE, AND AUXILIARY LANES ON SR -60.

FUNDING SUMMARY

FUNDING TABLE
IMPLEMENTING AGENCY:

RCTC
CONST.

CONST.

Source
Party
Fund Type

SUPPORT

CAPITAL
Totals

FEDERAL
RCTC
TCEP
0 $33,500,000
$33,500,000
LOCAL
WRCOG
Local TUMFO
$13,500,000
$13,500,000
Zone
LOCAL
ROTC
Local TUMFO
$8,000,000
$8,000,000
Regional
Arterial
LOCAL
CITY
CIP General$10,113,000
Fund
0 $10,113,000
LOCAL
CITY
CIP FundO
Balance/DIF-
R&B
$3,000,000
$3,000,000
Totals
$10,113,000
$58,000,000
$68,113,000
8 17336.00629\42953035.2

Agreement No.

COOPERATIVE AGREEMENT

BETWEEN

RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE

CITY OF BEAUMONT
FOR THE SR-60/POTRERO BOULEVARD INTERCHANGE PHASE II PROJECT

PLANS, SPECIFICATIONS, AND ESTIMATES AND RIGHT OF WAY PHASES

1. Parties and Date. This Cooperative Agreement is made and entered into this day of , 2024 ("Effective Date"), by and between the Riverside County Transportation Commission ("RCTC") and the City of Beaumont ("City"). RCTC and the City are sometimes referred to herein individually as a "Party" and collectively as the "Parties".

2. Recitals.

2.1 The City is undertaking the SR -60 Potrero Boulevard Interchange Phase II Project, which includes the design and construction of a six ramp, partial cloverleaf interchange ("Project"). The City has engaged the services of an architectural and engineering consultant to prepare the plans, specifications and estimates ("PS&E") for the Project (the "PS&E Consultant").

2.2 The City is currently working to complete the PS&E phase of the Project, which includes preparation and management of the PS&E final design ("PS&E Phase"); and the right-of-way ("ROW) phase of the Project, which includes right-of-way management, right-of-way acquisitions, and right-of-way utility coordination (ROW Phase").

2.3 In order to meet funding deadlines, the City has requested that RCTC serve as the lead agency for the PS&E Phase and ROW Phase (collectively, "PS&E and ROW Phases"), with the City to provide support and to fund all costs incurred by RCTC for the PS&E and ROW Phases including, but not limited to, RCTC staff and consultant project management costs, ROW acquisition costs and legal services.

2.4 RCTC has agreed to act as the lead agency for the PS&E and ROW Phases. The City shall continue to be the contracting entity under the professional services agreement with the PS&E Consultant.

2.5 The Parties anticipate entering into a future amendment to this Cooperative Agreement to include the construction phase of the Project.

2.6 The Project is located adjacent to and within the jurisdictional boundaries of the City and may require improvements to streets within the City. 1 17336.00001\41996306.2

2.7 RCTC shall be the direct recipient of any federal and (state funds provided for the Project, and shall utilize the funding disbursed by Caltrans solely for the Project.

3. Terms.

3.1 Estimated Cost of PS&E and ROW Phases. The Parties estimate that the total cost for the PS&E and ROW Phases to be incurred by RCTC, including, but not limited to, RCTC staff and consultant project management costs, ROW acquisition costs, legal services, outreach costs, and other direct costs (but excluding the PS&E Consultant costs, which are not covered under this Cooperative Agreement) shall be Five Million, Seven Hundred Six Thousand Dollars ($5,706,000) ("Estimated PS&E and ROW Phase Costs"). The Estimated PS&E and ROW Phase Costs are further detailed in Exhibit A attached to this Cooperative Agreement and incorporated herein by reference.

3.2 PS&E and ROW Phases of Work.

A. RCTC shall be the lead agency for the PS&E and ROW Phases. All costs and expenses incurred by RCTC for the PS&E and ROW Phases shall be reimbursed by the City using local funding sources, or such other funding sources available to the City. The Parties agree that RCTC shall not have any obligation to fund the PS&E or ROW Phases using its own funds. In the case that funds in addition to the funding amount specified in Section 3.1 above are needed to complete the PS&E and ROW Phases, the City shall be responsible for identifying and obtaining such additional funding. Allocation of additional funding shall be by amendment to this Cooperative Agreement or by separate agreement.

B. RCTC shall manage the PS&E Consultant and shall complete such other work and services required for the PS&E and ROW Phases within the term of this Cooperative Agreement, as provided in Section 3.3, unless extended by mutual agreement of the Parties.

3.3 Term of Agreement. The term of this Cooperative Agreement shall extend from the Effective Date and shall remain in effect through December 31, 2030, or until written agreement by the Parties that the PS&E and ROW Phases have been completed, unless earlier terminated as provided in this Cooperative Agreement.

3.4 Cooperation. RCTC and the City agree to cooperate in the development of the PS&E and ROW documents required for Project, completion of the PS&E and ROW Phases, and the implementation of this Cooperative Agreement.

3.5 Reoortinc. RCTC shall, in a timely manner, provide milestone reports to the City, detailing the progress of the PS&E and ROW Phases.

3.6 Oblications of the City.

A. RCTC shall submit invoices no less frequently than quarterly in any quarter in which reimbursable expenses are incurred but not to exceed once per month. The City shall timely review and pay approved invoices 2 17336.00001\41996306.2
Commented [MM1]: the project has TUMF Regional funds
of $8M (from RCTC) for CON, TUMF Zone ($250k) funds
from WRCOG(?) for PE, and city funds ($6.2M) on CON not sure how those will flow to us. So something to maybe ask Anne about. in other agreements we include a funding plan as an exhibit, might want to consider adding that.

Commented [DL2R1]: thanks for the feedback. ill add a
funding exhibit

within thirty (30) days. The City shall promptly notify RCTC of any disputed charges.

B. The City may provide a City oversight engineer or other City staff to oversee any PS&E Phase or ROW Phase work or services at its own cost.

C. At the request of RCTC, and subject to the City's reasonable discretion, the City shall exercise any rights of the City as the contracting entity under the PS&E Consultant contract.

D. The City shall process any City encroachment permits required for the PS&E and ROW Phases at no cost to RCTC or its consultant(s) provided that RCTC or the consultant(s), as the case may be, submits a complete application for such encroachment permits consistent with City's requirements. The determination on whether the application is complete and whether an encroachment permit may be issued shall be made by the City in its sole and absolute discretion pursuant to its municipal code, policies, procedures, and any other applicable law.

E. The City shall timely review design plans for the Project including, but not limited to, the PS&E and ROW documents and provide any approvals or comments within thirty (30) days of receipt of the plans. If the City fails to provide any comments or its approval within said time period, RCTC shall provide notice to the City Engineer of the City that the design plans or construction documents shall be deemed approved by the City if no comments are received within an additional 15 days.

The CITY shall inspect any other PS&E or ROW Phases work or services upon written notice of completion of the work or services by RCTC to the City, and shall timely provide approval or identify any nonconformities identified by the City within thirty (30) days, or such other reasonable period requested by RCTC.

F. The City shall not allow any encroachment within the City's right of way if such encroachment may interfere with the Project or the Project construction, without first coordinating the same with the Contractor and RCTC.

G. The City shall not take any action with the intent or effect of unnecessarily impacting the timely implementation of the Project by RCTC.

G. The City shall work cooperatively, and shall provide prompt responses and assistance to RCTC to ensure the timely completion of the PS&E and ROW Phases.

H. The City shall promptly exercise all rights it may have, or shall assist RCTC in exercising rights on behalf of the City, under any franchise 3 17336.00001\41996306.2

agreements or Caltrans Master Agreements for utilities that require relocation or protection for the Project.

3.7 Oblications of RCTC
A. RCTC shall serve as the lead agency for the PS&E and ROW Phases.

RCTC shall be responsible for obligating state or federal funds, to the extent applicable; procuring, retaining and overseeing consultant(s) as required or reasonably necessary for completion of the PS&E and ROW Phases; and managing the PS&E Consultant.

B. As part of managing the PS&E Consultant, RCTC shall review PS&E Consultant invoices and submit approved invoices to the City for payment by the City directly to the PS&E Consultant.

C. RCTC shall provide the City an opportunity to review and approve all design and construction documents for the Project prior to finalization of such design document for the Project for public bidding purposes.

D. RCTC shall invoice the City for PS&E and ROW Phases expenses, incurred in accordance with this Cooperative Agreement, no less frequently than quarterly in any quarter in which reimbursable expenses are incurred, but not to exceed once per month. Invoices submitted to the City shall be in a form and include such detail as reasonably requested by the City.

E. To the extent applicable, RCTC shall be the direct recipient of any federal and state funds to be provided for the Project, and shall invoice Caltrans for Project costs at minimum once every six months, or as otherwise required by Caltrans.

F. RCTC shall create any necessary Project records, reports and financial accounts to permit disbursement of allocated funds to RCTC, and shall ensure, to the extent applicable, that federal and state reporting requirements are met.

G. As of the Effective Date, RCTC shall be solely responsible and liable for ensuring that the PS&E and ROW phases are completed in compliance with all applicable federal and state rules and regulations to ensure future federal funding eligibility of the Project.

H. RCTC shall process any required FTIP amendments.

I. Additional ROW Phase Obligations.

1. RCTC is responsible for all ROW work required for the Project except as expressly set forth in this Cooperative Agreement. 4 17336.00001\41996306.2

2. RCTC shall make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the Project.

3. RCTC shall provide City a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for City's concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to ROW certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the Project plans, specifications, and estimate.

4. RCTC will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

5. Acquisition of ROW will not occur prior to the approval of the environmental document without written approval from the CEQA lead agency for the Project.

6. RCTC will utilize a properly licensed consultant for all ROW activities. RCTC shall provide the City with copies of appraisal reports and acquisition documents upon request. RCTC will prepare ROW certification prior to advertising the construction contract. Physical and legal possession of the ROW must be completed prior to advertising the construction contract, unless Parties mutually agree to other arrangements in writing.

7. RCTC shall be the lead agency on eminent domain activities, if required for the Project.

8. Title to any property to be transferred to City by RCTC shall be free of all encumbrances and liens, except as to those items which City agrees are not in conflict with use of the property for roadway purposes. Upon acceptance, RCTC will provide City with a policy of title insurance in City's name.

3.8 Mutual Indemnification.

A. RCTC shall, at its sole cost and expense, indemnify, defend and hold the City, its officials, officers, employees, consultants and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which arise in any manner out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of RCTC, its officials, officers, 5 17336.00001\41996306.2

employees, agents, consultants or contractors in the performance of RCTC's obligations under this Cooperative Agreement, including but not limited to the payment of expert witness fees and reasonable attorneys' fees and costs.

B. The City shall, at its sole cost and expense, indemnify, defend and hold RCTC and its officials, officers, employees, consultants and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, judgments, penalties, damages or injuries, in law or in equity, to property or persons, including wrongful death, whether actual, alleged or threatened, which in any manner arise out of, pertain to, or relate to, in whole or in part, to any negligent acts, omissions or breach of law, recklessness, or willful misconduct of City, its officials, officers, employees, agents, consultants or contractors in the performance of City obligations under this Cooperative Agreement, including but not limited to the payment of expert witness fees and reasonable attorneys' fees and costs.

3.9 Amendments. The terms and conditions of this Cooperative Agreement shall not be altered or modified at any time except by a written amendment executed by the mutual consent of the Parties by an instrument in writing.

3.10 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party's consent to or approval of any subsequent act of the other Party.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement.

3.11 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Funding Agreement, which shall be interpreted to carry out the intent of the parties hereunder.

3.12 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Cooperative Agreement, shall survive any such expiration or termination.

3.13 RCTC Disclaimer. In no event shall RCTC be responsible or liable for the quality, suitability, operability or condition of any design or construction by the Project consultants or the contractor, as applicable, and RCTC expressly disclaims any and all express or implied representations or warranties with respect thereto, including any warranties of suitability or fitness for use.

3.14 Third Party Beneficiaries. There are no third -party beneficiaries to this Cooperative Agreement.
6 17336.00001\41996306.2

3.15 Termination. Any Party may terminate this Cooperative Agreement by giving thirty (30) days written notice thereof.

3.16 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Cooperative Agreement or any interest herein without the prior written consent of the other Parties. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.17 Bindinc Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation

3.18 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

To RCTC:

Copy to:

To City:

Co
Dy to:

Riverside County Transportation Commission
4080 Lemon Street, Third Floor
P.O. Box 12008
Riverside, CA 92502-2208
Attention: Executive Director
Best, Best & Krieger, LLP
3390 University Ave. 5f1.

Riverside, CA 92501
Attention: Steven C. DeBaun
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attention: Director of Public Works I City Engineer
Attention: City Attorney
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

3.19 Time of Performance. Time is of the essence in the performance of this Agreement.

3.20 Governing Law. This Agreement is in all respects governed by California law and venue for any dispute shall be in Riverside County. 7 17336.00001\41996306.2

3.21 Insurance. The Parties each verify that they are self -insured or maintain insurance coverage through a Joint Powers Authority in reasonable and customary amounts for their respective operations.

3.22 Authority to Enter into Agreement. Each Party warrants that the individuals who have signed this Cooperative Agreement have the legal power, right and authority to make this Cooperative Agreement and bind each respective Party.

3.23 Counterparts. This Cooperative Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

3.24 Electronically Transmitted Sicnatures; Electronic Sicnatures. A manually signed copy of this Cooperative Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Cooperative Agreement for all purposes. This Cooperative Agreement may be signed using an electronic signature.

3.25 Entire Agreement. This Cooperative Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings.

IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement on the date first herein above written. [Signatures on following page]
8 17336.00001\41996306.2

SIGNATURE PAGE
TO
SR-60/POTRERO BOULEVARD INTERCHANGE PROJECT PLANS,

SPECIFICATIONS, AND ESTIMATES AND RIGHT OF WAY PHASES

COOPERATIVE AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement as of the Effective Date.

RIVERSIDE COUNTY CITY OF BEAUMONT

TRANSPORTATION COMMISSION
By:

Anne Mayer, Executive Director
By:

Title:

APPROVED AS TO FORM: APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
Counsel to RCTC
9 17336.00001 A41996306.2
By:

Title:

ATTEST:

By:

Title:

EXHIBIT "A"
PS&E Phase and ROW Phase Cost Estimate Breakdown
RCTC staff/Bechtel/legal support
during PSE and ROW phases
$1,153,000
Right of Way expenses
$4,553,000
Total
$5,706,000
10 17336.00001 A41996306.2

RIVERSIDE
COUNTY

TRANSPORTATION

COMMISSION
4080 Lemon Street, 3rd Floor • Riverside, CA
Mailing Address: P.O. Box 12008 • Riverside, CA 92502-2208 951.787.7141 • 951.787.7920 • www.rctc.org

INTEROFFICE MEMO
TO: Jose Mendoza, Procurement Manager
FROM: Hector Casillas, Right of Way Manager
David Lewis, Capital Project Manager
DATE: 1/16/2025
SUBJECT: City of Beaumont Co -Op Amendment

EXECUTIVE DIRECTOR APPROVAL
AMOUNT APPROVED$
At its March 13, 2014, Commission meeting, RCTC and city of Beamont (City) entered into a cooperative agreement to deliver the State Route 60 Potrero Boulevard Interchange Phase 2 (Project), Agreement No. 24-72-064-00. The agreement included a $5,706,000 not to exceed amount, which was staff's best estimate at the time of the approval.

The Project has progressed through the various stages, and more specifically with various right of way utility owners. The utility owners have begun to provide the Commission with rough order of magnitude estimates the week of January 13, 2025 for the respective utility relocations that are required as part of the Project. Based on the submittals, Staff has determined a need to amend the cooperative agreement to account for higher utility relocation costs.

Utility agreements are anticipated with, MCI, Frontier, Williams, and SCE. The initial estimates from February 2024 determined that approximately $2.7M would be necessary to complete the utility relocations. Now that the utility owners have prepared their relocation plans, and specifically, Williams, determined that the original 100' pipeline relocation would need to be within Western Knolls Avenue and extend up to 700', the scope of the original estimate increased substantially, from $720K to $4.7M.

The need for these funds is not immediate, but contract authority is necessary as progress billing by the respective utility companies will occur after the execution of the Utility Agreement(s) and satisfy the Caltrans requirement for Right of Way Certification. Staff has enough budget authority in other projects to transfer to this Project to ensure funds are available.

After internal discussions between the Capital Project Delivery Team and RCTC's legal team at BB&K, it was determined the $4M increase to the cooperative agreement with the city of Beaumont will not require a Commission action and is within the Executive Director's approval. The determination was made since the $4M amount will be reimbursed to RCTC by the city of Beaumont and funds are a passthrough. The authority is necessary to execute the upcoming/pending Utility Agreements.

The Executive Director's approval is pursuant to Chapter 2, Section 1(H) of the Commission Procurement Policy Manual, where in addition to the authority granted to the Executive Director for single signature agreements in a given fiscal year, the Executive Director is authorized to approve and enter into contracts on behalf of the Commission, where the relevant contract is directly related to and necessary to implement a project that has been approved by the Commission, the contract is within the approved project budget and, based on the circumstances, exercise of this authority is in the best interest of the Commission. This approval is used under limited circumstances and as noted above, is in addition to the authority granted to the Executive Director for single signature agreements.

Therefore, approval of this agreement will not count towards the aggregate amount of $2 million per fiscal year of Executive Director single signature authority.

If you have any questions, please feel free to let me know. Thank you

BAUME ONT
-c A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: March 4, 2025
SUBJECT: Cooperative Agreement for Potrero Interchange
Description Cooperative Agreement between Riverside County Transportation Commission (RCTC), City of Beaumont, and Western Riverside Council of Governments (WRCOG) for the Construction of the Potrero Blvd Interchange Phase II (Project).

Background and Analysis:

On March 5, 2024, City Council approved a Cooperative Agreement with RCTC and the City that authorized RCTC to act as the lead agency.

On tonight's agenda, City Council received an agenda item to increase Pass Zone TIP TUMF funding for the Project for a total construction amount of $13,500,000.

The purpose of this Agreement is to identify the Project and to set forth the terms and conditions pursuant to which WRCOG will release TUMF Zone Program Funds for the Project and to outline the administration roles and responsibilities for each of the Parties.

The Agreement will allow WRCOG to distribute the funds directly to RCTC for reimbursement of construction expenses associated with the Project. RCTC will be responsible for paying the initial cost and submitting invoices to WRCOG for eligible construction costs.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $350.

There is no impact to general funds associated with this agreement. The allocated Pass Zone TIP TUMF funds will still be used to construct the Project on behalf of the City of Beaumont.

Recommended Action:

Approve a Cooperative Agreement between Riverside County Transportation Commission, Western Riverside Council of Governments, and the City of Beaumont for Potrero Blvd Interchange Project and authorize the City Manager to execute the agreement on behalf of the City.

Attachments:

A. Cooperative Agreement

Agreement No. 25-72-066-00

COOPERATIVE AGREEMENT

BETWEEN

RIVERSIDE COUNTY TRANSPORTATION COMMISSION,

CITY OF BEAUMONT, AND WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

FOR THE CONSTRUCTION OF THE POTRERO BOULEVARD INTERCHANGE PHASE 2 AT STATE ROUTE 60

1. Parties and Date. This Cooperative Agreement ("Agreement") is made and entered into this day of , 2025 ("Effective Date"), by and between the Riverside County Transportation Commission ("RCTC"), City of Beaumont ("Beaumont"), and Western Riverside Council of Governments ("WRCOG"). RCTC, Beaumont, and WRCOG may collectively be referred to as the "Parties."

2. Recitals.

2.1 WRCOG has allocated $13,500,000 of TUMF Zone Program Funds for the construction of Phase 2 of the Potrero Boulevard Interchange at State Route 60 (Project).

2.2 WRCOG and Beaumont have entered into funding agreements allocating said $13,500,000 for the construction of the Project.

2.3 The Project is located adjacent to and within the jurisdictional boundaries of the City of Beaumont.

2.4 Beaumont has requested that RCTC be the lead agency for the construction phase of the Project.

2.5 RCTC has agreed to act as the lead agency for the construction phase for the Project.

2.6 The purpose of this Agreement is to identify the Project and to set forth the terms and conditions pursuant to which WRCOG will release TUMF Zone Program Funds for the Project and to outline the administration roles and responsibilities for each of the Parties.

3. Terms.

3.1 Construction of State Route 60 / Potrero Boulevard Interchange Phase 2.

RCTC shall construct the Project solely using funds allocated by WRCOG. RCTC shall be the lead agency for the construction of the Project. The Parties agree that RCTC shall not have any obligation to fund the construction of the Project using its own funds. In the case that additional funds are needed to complete the construction phase, Beaumont 2307022

shall be obligated to identify such additional sources of funding for construction needed beyond the funding described in Section 2.2. Such additional funding shall be added to this Agreement by an amendment. RCTC shall complete construction of the Project within the term of this Agreement, as provided in Section 3.3, unless extended by mutual agreement of the Parties.

3.2 Funding. WRCOG hereby agrees to distribute to RCTC, on the terms and conditions set forth herein, a sum not to exceed, $13,500,000 of TUMF Zone Program Funds ("Funding Amount") to be used for reimbursing RCTC for expenses for the Project.

The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project.

A Procedures for Distribution of TUMF Zone Program Funds to RCTC and Beaumont.

RCTC shall be responsible for initial payment of all costs of the Project as they are incurred. Following payment of such costs, RCTC shall submit invoices to WRCOG requesting reimbursement of eligible costs for the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the RCTC, and documents evidencing RCTC's payment of the invoices or demands for payment. Documents evidencing RCTC'S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. RCTC shall submit invoices not more often than monthly and not less often than quarterly.
ii . Procedures for distribution of TUMF Zone Program Funds to Beaumont shall follow the procedures set forth in the separate TUMF Agreement between Beaumont and WRCOG for the Project.

B Review and Reimbursement by WRCOG.

Upon receipt of an invoice from RCTC, WRCOG may request additional documentation or explanation of the costs for the Project for which reimbursement is sought.
ii . Procedures for Review and Reimbursement by WRCOG to Beaumont shall follow the procedures set forth in the separate TUMF Agreement between Beaumont and WRCOG.

C. Funding Amount/Ad'ustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to RCTC in an amount in excess of the amount outlined in Section 3.2 of this Agreement or has provided reimbursement of ineligible costs of the Project, RCTC shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. Costs may be considered ineligible if they are not reasonable, not allocable to the Project, or are not properly documented as set forth in Section 3.2(A)(i).
2307022

3.3 Term of Agreement.

The term of this Agreement shall extend from the Effective Date (as set forth above) and will remain in effect through January , 2028, or until written agreement by the Parties that the Project has been completed, unless earlier terminated as provided in this Agreement.

3.4 Cooperation. RCTC, Beaumont, and WRCOG agree to cooperate in the construction the Project and the implementation of this Agreement.

3.5 Reporting. RCTC shall, in a timely manner, provide milestone reports to Beaumont and/or WRCOG, detailing the progress of construction of the Project.

3.6 Mutual Indemnification.

A. RCTC shall indemnify, defend and hold Beaumont and WRCOG, and their respective councils, board members, officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or breach of law, or willful misconduct of RCTC, its officials, officers, employees, agents, consultants or contractors in the performance of RCTC's obligations under this Agreement, including the payment of all reasonable attorneys' fees.

Beaumont shall indemnify, defend and hold RCTC and WRCOG, and their respective board members, officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or breach of law, or willful misconduct of Beaumont, its officials, officers, employees, agents, consultants or contractors in the performance of Beaumont's obligations under this Agreement, including the payment of all reasonable attorneys' fees.

WRCOG shall indemnify, defend and hold RCTC and Beaumont, and their respective councils, board members, officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or breach of law, or willful misconduct of WRCOG, its officials, officers, employees, agents, consultants or contractors in the performance of WRCOG's obligations under this Agreement, including the payment of all reasonable attorneys' fees. 2307022

3.8 Amendments. The terms and conditions of this Agreement shall not be altered or modified at any time except by a written amendment executed by the mutual consent of the Parties.

3.9 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of any Party shall be deemed to waive or render unnecessary such Party's consent to or approval of any subsequent act of any other Party. Any waiver by a Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

3.10 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

3.11 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, shall survive any such expiration or termination.

3.12 Third Party Beneficiaries. There are no third -party beneficiaries to this Agreement.

3.13 Termination. Any Party may terminate this Agreement by giving thirty (30) days written notice thereof. Notwithstanding any such termination, WRCOG shall reimburse RCTC for all Project costs incurred prior to termination, and for any actual and reasonable costs incurred as a result of termination, provided that such costs are documented and invoiced in accordance with the terms of this Agreement.

3.14 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Parties. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.15 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation

3.16 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
2307022

To RCTC:

Riverside County Transportation Commission
4080 Lemon Street, Third Floor
P.O. Box 12008
Riverside, CA 92502-2208
Attention: Executive Director
To Beaumont: City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attention: Director of Public Works
Copy to:

To WRCOG : Western Riverside Council of Governments
3390 University Ave, Suite 200
Riverside, California 92501
Attention: Executive Director
Depending upon the method of transmittal, notice shall be deemed received as follows:
by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

3.17 Time of Performance. Time is of the essence in the performance of this Agreement.

3.18 Governing Law. This Agreement is in all respects governed by California law and venue for any dispute shall be in Riverside County.

3.19 Insurance. The Parties each verify that they are self -insured, maintain insurance coverage through a Joint Powers Authority, or maintain insurance through commercial insurance providers in reasonable and customary amounts for their respective operations.

3.20 Authority to Enter into Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

3.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 2307022

3.22 Electronically Transmitted Signatures; Electronic Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.

3.23 Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings.
[Signatures on following page]
2307022

SIGNATURE PAGE
TO
POTRERO BOULEVARD INTERCHANGE PHASE 2 AT STATE ROUTE 60

CONSTRUCTION COOPERATIVE AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement on the date first herein above written

RIVERSIDE COUNTY CITY OF BEAUMONT

TRANSPORTATION COMMISSION
By:

By:

Aaron Hake, Executive Director

WESTERN RIVERSIDE COUNCIL OF

GOVERNMENTS
By:

Dr. Kurt Wilson, Executive Director
Title:

APPROVED AS TO FORM:

By:

Title:

ATTEST:

By:

Title:
2307022

BAUME ONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: March 4, 2025
SUBJECT: Amendment to TUMF Reimbursement Agreement
Description Amendment No. 2 to Transportation Uniform Mitigation Fee (TUMF) Program Agreement for Potrero Boulevard Interchange (Agreement).

Background and Analysis:

On August 3, 2022, an agreement between Western Riverside Council of Governments (WRCOG) and the City of Beaumont was executed. The Agreement provided terms, conditions, and funding for the construction of the Potrero Blvd Interchange (Project).

The initial funding was $250,000 from Pass Zone TIP TUMF.

On March 7, 2024, the Agreement was amended (Amendment No .1) to include additional funding. The amendment allocated an additional $2,750,000 for a total amount of $3,000,000.

Additional funds were made available in the Pass Zone Tip in the amount of $11,100,000, bringing the total available for the Project to $14,100,000. The Project budget was previously amended to allocate the new funds via CIP Amendment No. 4.

Therefore, staff is requesting that City Council approve Amendment No. 2 to the Agreement to increase the Project Pass Zone TIP TUMF funding to a total amount of $14,100,000.

Fiscal Impact:

The cost of preparing the staff report is estimated to be $350.

The following table is a project summary for CIP 2016-003 Potrero Phase II.

CIP 2016-003 Potrero Phase II Project Funding Summary
Estimated Project Cost= $71,904,000
CIP 2016-003 Potrero Phase II Project Budget Summary
Project
Component
Budget Encumbered Paid to Date Remaining
Budget
iiipject Manage
Preliminary Services
WironmenW
Design
$3,133,046 $(3,245,390) $(1,557,763) $(112,344)
Pe
Right -of -Way
$7,706,000 $(5,710,980) $(4,348) $1,995,020
nstructi
$58,000,000 $58,000,000
Construction Management $10,113,000
Equipment
1 $10,113,000
$78,952,046
Recommended Action:
$(1,562,110)
Authorize the Mayor to execute Amendment No. 2 to Transportation Uniform Mitigation Fee Program Agreement for Potrero Boulevard Interchange.

Attachments:

A. WRCOG Reimbursement Agreement Amendment No. 2
B. WRCOG Reimbursement Agreement Amendment No. 1
C. Original WRCOG Reimbursement Agreement

19-PS-BEA-1204
AMENDMENT NO. 2 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT

POTRERO BOULEVARD INTERCHANGE
This Amendment No. 2 to Transportation Uniform Mitigation Fee Program Agreement ("Amendment No. 2") is entered into this
day of , 2025, by and between
the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") and the City of Beaumont ("AGENCY"). WRCOG and the AGENCY are sometimes referred to individually as "Party" and collectively as "Parties."

RECITALS
A. WRCOG and AGENCY have entered into an agreement titled "Transportation Uniform Mitigation Fee Program Agreement" that is dated August 3, 2022 ("Agreement"). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the Potrero Boulevard Interchange (hereinafter the "Project").

B. WRCOG and AGENCY have entered into an amendment to the Agreement titled "Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement" that is dated March 7, 2024 ("Amendment No. 1").

C. The Parties desire to amend the Agreement, as amended by Amendment No. 1, by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.

D. Funds are being increased for this Project because new funding has become available.

AGREEMENT

19-PS-BEA-1204
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. The Funding Amount contained in Section 2 of the Agreement, as previously amended is hereby increased by $11,100,000 from "$3,000,000" to an amount not to exceed "$14,100,000."

2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.

3. Exhibits "A", "A-1", and "A-2" of the Agreement, as previously amended, are hereby replaced in their entirety by Exhibits "A", "A-1", and "A-2" of this Amendment No. 2, which are attached hereto and incorporated by reference.

4. The above -stated Recitals are hereby fully incorporated into this Amendment No.

2. 5. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 2 to be executed by their duly authorized representatives to be effective on the day and year first written above.

19-PS-BEA-1204

WESTERN RIVERSIDE COUNCIL CITY OF BEAUMONT

OF GOVERNMENTS
By: By:

Dr. Kurt Wilson, Executive Director Mike Lara, Mayor
Approved to Form: Approved to Form:

By: By:

Steven C. DeBaun City Attorney
General Counsel
Attest:

By:

Deputy City Clerk

19-PS-BEA-1204
Exhibit A

SCOPE OF SERVICES

1. SCOPE OF WORK:

The SR-60/Potrero Boulevard Interchange project in the City of Beaumont will construct a six ramp, partial cloverleaf interchange in the City of Beaumont between Jack Rabbit Trail and the I- 10/SR-60 junction. This is the second phase of a two-part project, where the first phase built the overcrossing of the SR -60 freeway.

19-PS-BEA-1204
EXHIBIT "A-1"

ESTIMATE OF COST
Phase
TUMF
LOCAL
TOTAL
PA&ED
Completed
PS&E
$600,000
$2,533,046
$3,133,046

RIGHT OF WAY
$7,706,000
$7,706,000

CONSTRUCTION
$13,500,000
54,613,000
68,113,000
TOTAL
$14,100,000
$64,719,000
$78,952,046

19-PS-BEA-1204
EXHIBIT "A-2"

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date
Estimated Cost
Comments
PA&ED
Completed
PS&E
2/14/2025
$3,133,046
2/14/2025
$7,706,000

RIGHT OF WAY

CONSTRUCTION
11/15/2057
68,113,000
TOTAL
$78,952,046

Project #
AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT

POTRERO BOULEVARD INTERCHANGE
This Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement ("Amendment No. 1") is entered into this day of , 202_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") and City of Beaumont ("AGENCY"). WRCOG and the AGENCY are sometimes referred to individually as "Party" and collectively as "Parties."

RECITALS
A. WRCOG and AGENCY have entered into an agreement titled "Transportation Uniform Mitigation Fee Program Agreement" that is dated August 3, 2022 ("Agreement"). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the Potrero Boulevard Interchange (hereinafter the "Project").

B. The Parties desire to amend the Agreement by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.

C. Funds are being increased for this Project to complete the PS&E phase and will decrease the funds available for the construction phase.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

Project #

1. The Funding Amount contained in Section 2 of the Agreement is hereby increased by $2,750,000 from "$250,000" to an amount not to exceed "$3,000,000"

2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.

3. Exhibits "A", "A-1", and "A-2" of the Agreement are hereby replaced in their entirety by Exhibits "A", "A-1", and "A-2" of this Amendment No. 1, which are attached hereto and incorporated by reference.

4. The above -stated Recitals are hereby fully incorporated into this Amendment No.

1. 6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 1 to be executed by their duly authorized representatives to be effective on the day and year first written above.

WESTERN RIVERSIDE COUNCIL CITY OF BEAUMONT

OF GOVERNMENTS
By: By:

Dr. Kurt Wilson, Executive Director David Fenn, Mayor

Project #
Approved to Form: Approved to Form:

By:

Steven C. DeBaun
General Counsel
By:

Attest:

By:

Project #
Exhibit A

SCOPE OF SERVICES

1. SCOPE OF WORK:

The SR-60/Portero Boulevard Interchange project in the City of Beaumont will construct a six ramp, partial cloverleaf interchange in the City of Beaumont between Jack Rabbit Trail and the I- 10/SR-60 junction. This is the second phase of a two-part project, where the first phase built the overcrossing of the SR -60 freeway.

Project #
EXHIBIT "A-1"

ESTIMATE OF COST
Phase
TUMF
LOCAL
TOTAL
PA&ED

COMPLETED
PS&E
$3,000,000
$3,000,000
RIGHT OF WAY*
$4,553,000
$4,553,000
CONSTRUCTION*
$11,500,000
$33,077,000
$44,577,000
TOTAL
$14,500,000
$37,630,000
$52,130,000
• *Not included in current agreement. Agreement is only for the PS&E phase.

Project #
EXHIBIT "A-2"

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date
Estimated Cost
Comments
PA&ED
Completed
PS&E
2/14/2025
$3,000,000
2/14/2025
$4,553,000

RIGHT OF WAY

CONSTRUCTION
11/15/2057
$44,577,000
TOTAL
$52,130,000

19-PS-BEA-1204

TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM

AGREEMENT TO REIMBURSE TUMF FUNDS

POTRERO BOULEVARD INTERCHANGE

PS&E PHASE
THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of this day of , 20 , by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Beaumont ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties".

RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County ("TUMF Program").

B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance ("Qualifying Projects" or "Projects"). The Qualifying Projects are more specifically described in that certain WRCOG study titled "TUMF Nexus Study", as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.

C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds"). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.

D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for the Potrero Interchange Phase II (the "Project"), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit "A" attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED — Project Approvals & Environmental Document
2) PS&E — Plans, Specifications and Estimates
3) R/W — Right of Way Acquisition and Utility Relocation 4) CON — Construction

19-PS-BEA-1204

2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Two Hundred Fifty Thousand Dollars ($250.000) to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share"), as may be amended from time to time.

3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit "A" ("Scope of Work"): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.

4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit "A".

5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet

19-PS-BEA-1204
and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director's decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "B", attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.

6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG's Executive Director which shall be communicated to the AGENCY in writing.

7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.

8. AGENCY's Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.

9. AGENCY's Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase,

19-PS-BEA-1204
AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.

10. AGENCY's Local Match Contribution. AGENCY local match funding is not required, as shown in Exhibit "A" and as called out in the AGENCY's Project Nomination Form submitted to WRCOG in response to its Call for Projects.

11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

12. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Jeff Hart, Public Works Director or his or her designee, as the AGENCY's representative to WRCOG.

The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project.

13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.

14. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.

15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF

19-PS-BEA-1204
Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.

18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the

19-PS-BEA-1204
AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project.

19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.

19-PS-BEA-1204
(d) Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident.

20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.

21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.

23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.

24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California.

19-PS-BEA-1204

26. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit.

27. Time of Essence. Time is of the essence for each and every provision of this Agreement.

28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.

30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.

31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.

32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

If to AGENCY:

If to WRCOG:

City of Beaumont
500 E. 6th Street
Beaumont, California 92223
Attention: Jeff Hart, Director of Public Works
Telephone: 951-769-8522
Facsimile: 951-769-8526
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the

19-PS-BEA-1204
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

33. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties.

34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement.

36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance.

37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.

38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 896FBBFF-8AF4-4BAD-946D-EAE6CCD42A57 [PROJECT 19-PS-BEA-1204]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written.

WESTERN RIVERSIDE COUNCIL

OF GOVERNMENTS
DocuSigned by:
8/4/2022
By Date:

Kurt Wilson
Executive Director
APP — tQnBdQpn:

By:

F1B3634C0
Steven C. DeBaun
General Counsel
8/3/2022
Date:

CITY OF BEAUMONT

19-PS-BEA-1204
EXHIBIT "A"

SCOPE OF WORK
SCOPE OF WORK:

The SR-60/Portero Boulevard Interchange project in the City of Beaumont will construct a six ramp, partial cloverleaf interchange in the City of Beaumont between Jack Rabbit Trail and the I-10/SR-60 junction. This is the second phase of a two-part project, where the first phase built the overcrossing of the SR -60 freeway.

Exhibit A

19-PS-BEA-1204
EXHIBIT "A-1"

ESTIMATE OF COST
Phase
TUMF
LOCAL
TOTAL
PA&ED
Complete
--
PS&E
$250,000
$1,694,743
$1,944,743

RIGHT OF WAY
Complete
--

CONSTRUCTION
$6,250,000*
--
$6,250,000
TOTAL
$6,500,000
--
$8,194,743
• *Not included in the current agreement. Agreement is only for the PS&E phase.

Exhibit A — 1

19-PS-BEA-1204
EXHIBIT "A-2"

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date
Estimated Cost
Comments
PA&ED
Complete
PS&E
March 2023
$1,944,743

RIGHT OF WAY
Complete

CONSTRUCTION
July 2024
$25,000,000
TOTAL
$26,944,743
Exhibit A — 2

19-PS-BEA-1204
Elements of Compensation
EXHIBIT "B"

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit "B-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.

2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-2".

3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.

4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits "B-4" and "B-5". All documentation from the Agency's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "B-3".

5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "B" and its attachments.

6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice.

7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:

Exhibit B

19-PS-BEA-1204
"I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.

Signed
Title
Date
Invoice No.

8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.

If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.

Exhibit B

19-PS-BEA-1204
EXHIBIT "B-1"
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT NUMERICAL DOLLAR AMOUNT ) without written approval of Agency's City Manager [or applicable position] ("Total Compensation").

1. ELEMENTS OF COMPENSATION.

Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the
following components:

1.1.2.1 Direct Salary Costs

1.1.2.2 Payroll Additives
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

1.1.2.3 Overhead Costs
Exhibit B-1

19-PS-BEA-1204
The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 The fixed fee is$

1.2.2 A pro -rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[ insert charges J
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs
$ /day
$ /mile
$ /trip
$ /hour
$ /copy
$ /sheet
$ /call
$ /sheet
$ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement.

Exhibit B-1

19-PS-BEA-1204

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[ sample]
Principal
Project Manager
Sr. Engineer/Planner
Project Engineer/Planner
Assoc. Engineer/Planner
Technician
Drafter/CADD Operator
Word Processor
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour
$ .00 - $ .00/hour

2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.

3. INVOICING.

3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.

Exhibit B-1

19-PS-BEA-1204

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

4. PAYMENT

4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.

Exhibit B-1

19-PS-BEA-1204
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #_
Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month/Day/Year) .

The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Authorized Agreement Amount:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
$0,000,000.00
$0,000,000.00
$0,000,000.00
$0,000,000.00
$0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By:
cc:

Name
Title
Exhibit B-2

19-PS-BEA-1204
EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable
Invoice #
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .

Invoice period covered is from Month/Date/Year to Month/Date/Year Total Base Contract Amount:

Authorized Extra Work (if Applicable)
$000,000.00
$000,000.00
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date:

Total Previously Billed:

Balance Remaining:
$000,000.00
$000,000.00
$000,000.00
Amount Due this Invoice: $000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By:

Name
Title
Exhibit B-3

19-PS-BEA-1204
EXHIBIT B-4

SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
Exhibit B-4

19-PS-BEA-1204
EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 - 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems
None
C. Work Planned Next Period
Corrective Action
None
TASK 01 - 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Exhibit B-5

BAUME ONT
-c A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: March 4, 2025
SUBJECT: Cooperative Agreement for Beaumont Ave Interchange Description Cooperative Agreement (Agreement) for the Interstate 10 / State Route 79 (I-10 / SR -60) Interchange Project (Project) Project Initiation Document (PID) between the Riverside County Transportation Commission (RCTC) and the City of Beaumont.

Background and Analysis:

The City has requested that the Riverside County Transportation Commission (RCTC) be the lead agency for the preparation of the PID for the Project. RCTC has allocated a maximum contribution of $5.785 Million in Transportation Uniform Mitigation Fund (TUMF) Regional Arterial for the preparation of the PID for the Project.

The City will fund all subsequent Project phases, including Project Approval & Environmental Document (PA&ED), Plans, Specifications & Estimates (PS&E), Right -of - Way (ROW), and Construction.

Schedule:

This Project is a 12 -15 -year project. The PID is the first phase and will initiate the project. It is anticipated that this phase will take RCTC three years to complete.

The deliverables will be a Project Study Report (PSR) with alternative Interchange layouts, preliminary project scope, and preliminary project development processes.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $350.

There is no fiscal impact to the City associated with this agreement.

Recommended Action:

Authorize the Mayor to execute a Cooperative Agreement between Riverside County Transportation Commission and the City of Beaumont for Interstate 10 / State Route 79 Interchange Project for Project Initiation Document.

Attachments:

A. Cooperative Agreement

Agreement No. 25-72-064-00

COOPERATIVE AGREEMENT

BETWEEN

RIVERSIDE COUNTY TRANSPORTATION COMMISSION, AND

THE CITY OF BEAUMONT
FOR THE PREPARATION OF THE INTERSTATE 10 / STATE ROUTE 79 (I-10 / SR -79) INTERCHANGE PROJECT INITIATION DOCUMENT (PID)

1. Parties and Date. This Cooperative Agreement is made and entered into this day of , 2025 ("Effective Date"), by and between the Riverside County Transportation Commission ("RCTC"), and the City of Beaumont ("City"). RCTC and the City are sometimes referred to herein individually as a "Party" and collectively as the "Parties".

2. Recitals.

2.1 The City has requested that RCTC be the lead agency for the preparation of the Project Initiation Document ("PID") for the I-10 / SR -79 Interchange Project ("Project").

2.2 RCTC has agreed to act as the lead agency for the preparation of the PID for the Project.

2.3 RCTC has allocated a maximum contribution of $5.785 Million in Transportation Uniform Mitigation Fund (TUMF) Regional Arterial for the preparation of the PID for the Project.

2.4 City will fund all subsequent Project phases including Project Approval & Environmental Document (PA&ED), Plans, Specifications & Estimates (PS&E), Right -of - Way (ROW), and Construction.

2.5 The Project is located wholly within the jurisdictional boundaries of the City of Beaumont and may require improvements to streets within the City.

2.6 The Parties anticipate entering into a future amendment to this Cooperative Agreement or into future cooperative agreement(s) to address future phases of the Project.

3. Terms.

3.1 Preparation of a PID for the I-10 / SR -79 Interchange Project.

A. RCTC shall prepare the PID for the Project using TUMF Regional Arterial funds. RCTC shall be the lead agency for the preparation of the PID. In 17336.00500\43192701.3

the case that additional funds are needed to complete the PID, the City shall be responsible for identifying the source of such funding for the PID, and any allocation of additional funding shall be by an amendment to this Cooperative Agreement
B. RCTC shall complete preparation of the PID within the term of this Cooperative Agreement, as provided in Section 3.2, unless extended by mutual agreement of the Parties
C. Funding and responsibilities for any other phases of the Project, or construction of any portion or all of the Project, shall be addressed in an amendment to this Cooperative Agreement or pursuant to separate agreement(s).

The Parties agree that the City shall be responsible for funding or securing funding sources for all other phases of the Project.

3.2 Term of Agreement. The term of this Cooperative Agreement shall commence on the Effective Date and will remain in effect through , or until written agreement by the Parties that the Project has been completed, unless earlier terminated as provided in this Cooperative Agreement.

3.3 Use of PID. The Parties understand and agree that the PID, upon completion, may be used by the City of and/or Caltrans for completion of other phases of the Project.

3.4. Cooperation. The Parties agree to cooperate in the development of the PID for the Project and the implementation of this Cooperative Agreement. Additionally, the Parties agree to cooperate in all future phases of the Project.

3.5 Reporting. RCTC shall, in a timely manner, provide milestone reports to the City, detailing the progress of preparation of the PID.

3.6 Mutual Indemnification.

A. RCTC shall indemnify, defend and hold the City, its City Council, officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or breach of law, or willful misconduct of RCTC, its officials, officers, employees, agents, consultants or contractors in the performance of RCTC's obligations under this Cooperative Agreement, including the payment of all reasonable attorneys' fees.

B. The City shall indemnify, defend and hold RCTC, its directors, officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or breach of law, or willful misconduct of the City, its officials, officers, employees, agents, consultants or 17336.00500\43192701.3

contractors in the performance of the City obligations under this Cooperative Agreement, including the payment of all reasonable attorneys' fees.

3.7 Amendments. The terms and conditions of this Cooperative Agreement shall not be altered or modified at any time except by a written amendment executed by both Parties.

3.8 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party's consent to or approval of any subsequent act of the other Party.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Cooperative Agreement.

3.9 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Cooperative Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Cooperative Agreement, which shall be interpreted to carry out the intent of the parties hereunder.

3.10 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Cooperative Agreement, shall survive any such expiration or termination.

3.11 Third Party Beneficiaries. There are no third -party beneficiaries to this Cooperative Agreement.

3.12 Termination. Any Party may terminate this Cooperative Agreement by giving thirty (30) days written notice thereof.

3.13 Assignment or Transfer. The Parties shall not assign, hypothecate, or transfer, either directly or by operation of law, this Cooperative Agreement or any interest herein without the prior written consent of the other Party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.14 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation

3.15 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
17336.00500\43192701.3

To RCTC:

Copy to:

To City:

Riverside County Transportation Commission
4080 Lemon Street, Third Floor
P.O. Box 12008
Riverside, CA 92502-2208
Attention: Executive Director
Best, Best & Krieger, LLP
3390 University Ave. 5f1.

Riverside, CA 92501
Attention: Steven C. Debaun
City of Beaumont
550 E. 6th Street
Beaumont, California 92223
Attention: Director of Public Works
Depending upon the method of transmittal, notice shall be deemed received as follows:
by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

3.16 Time of Performance. Time is of the essence in the performance of this Cooperative Agreement.

3.17 Governing Law. This Cooperative Agreement is in all respects governed by California law and venue for any dispute shall be in Riverside County.

3.18 Insurance. The Parties each verify that they are self -insured, maintain insurance coverage through a Joint Powers Authority, or maintain insurance through commercial insurance providers in reasonable and customary amounts for their respective operations.

3.19 Authority to Enter into Agreement. Each Party warrants that the individuals who have signed this Cooperative Agreement have the legal power, right and authority to make this Cooperative Agreement and bind each respective Party.

3.20 Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Cooperative Agreement as if fully set forth herein.

3.21 Counterparts. This Cooperative Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

3.22 Electronically Transmitted Signatures; Electronic Signatures. A manually signed copy of this Cooperative Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Cooperative Agreement for all purposes. This Cooperative Agreement may be signed using an electronic signature. 17336.00500\43192701.3

3.23 Entire Agreement. This Cooperative Agreement contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements, or understandings.
[Signatures on following page]
17336.00500\43192701.3

SIGNATURE PAGE
TO
1-10 / SR -79 INTERCHANGE PROJECT

PROJECT INITIATION DOCUMENT COOPERATIVE AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement as of the date first herein above written

RIVERSIDE COUNTY CITY OF BEAUMONT

TRANSPORTATION COMMISSION
By:

By:

Aaron Hake, Executive Director
Title:

APPROVED AS TO FORM: APPROVED AS TO FORM:

Best Best & Krieger LLP
By:

General Counsel to ROTC Title:

ATTEST:

By:

Title:
17336.00500\43192701.3

BAUME ONT
-c A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE March 4, 2025
SUBJECT: Public Works Agreement for the Construction of the Second Street Extension
Description Award a Public Works Agreement to MDB General Engineering, Inc. for the construction of the Second Street Extension
Background and Analysis:

The Second Street Extension (Project) improvements include widening and extending Second Street approximately 2,525 feet from the current terminus at the westerly boundary to Pennsylvania Avenue.

The scope of work includes the construction of new culverts, storm drains, curb and gutter, sidewalk on the south side of the proposed extension, asphalt paving, new raised medians with stamped concrete, double -armed LED streetlights, signing and striping. Second Street will be constructed to a secondary street standard with four travel lanes, two in each direction, and a pavement width of 64 feet.

Thanks to Congressman Dr. Raul Ruiz's support, the Project was awarded $1 million in Economic Development Initiative/Community Project Funding. This grant award requires federal compliance, which was incorporated into the City's plans and specifications as Supplemental Special Conditions.

Bidding Information
On October 29, 2024, the City, using the formal bidding procedure, published the Request for Bids (RFB) for forty-five (45) days in the City's Planet Bids portal and Press Enterprise.

On December 9, 2024, the City received six (6) bids from general contractors interested in constructing the Second Street Extension:
• MDB General Engineering, Inc.

• Riverside Construction Company, Inc.
• Los Angeles Engineering, Inc.
• LC Paving
• All American Asphalt
• Roadway Engineering Corp.

After City staff and City Attorney review, the lowest responsive bidder was determined to be MDB General Engineering, Inc. (MDB). The Bid Tabulation is attached for reference.

Bid Protest
The City received one bid protest from Riverside Construction Company, Inc. (RCC) during the bid review process. The bid protest identified two issues:

1. MDB did not acknowledge receipt or Addenda No. 1 and 2.

2. MDB failed to submit WBE and MBE within five days of bid opening.

The City Attorney concluded that the two issues are only minor discrepancies and are not material. The City Attorney's responses to the issues are as follows:

1. The language of the bid documents does not clearly require the physical attachment to Addenda 1-2. The bidder did incorporate the Addenda by reference. Therefore, the non -responsiveness is inconsequential. Therefore, the MDB bid does not fail as non -responsive based on the identification of the Addenda issues.

2. MDB is not required to provide the WBE and MBE at the time of the bidding but only after the bidding is concluded.

Consequently, City staff recommends that the City Council award the Project to MDB as the issues raised by RCC are not material.

Schedule
City staff anticipates construction commencing April 2025.

Construction duration is estimated not to exceed 200 calendar days (-7 Months) Environmental Concerns
According to the City's 1602 Lake and Streambed Alteration Agreement (LSAA) with the California Department of Fish and Wildlife (CDFW), the City will need to submit resumes

and qualifications for the designated onsite Biological Monitors (Biologists) and complete the Burrowing Owl Habitat Assessment thirty (30) days prior to the commencement of any construction activities. Other minor regulatory permitting requirements will also be completed in combination with these items.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $350.

Funding for this Project is provided by CIP R-12 Second Street Extension. The following is the construction budget for the project:

1. $3,799,709 Construction PWA (MDB)

2. $379,970 Construction contingency (10%)

3. S30,000 Construction Management and Support
$4,209,679 Total Construction Budget
The following is a summary of the funding and budget for CIP R-12 Second Street Extension:

CIP R-12 Second Street Extension (Construction) Project Funding Summary
Estimated Project Cost= $5,800,000

CIP R-12 Second Street Extension (Construction) Project Budget Summary Project
Component
Project Management
Preliminary Services
Design
Right -of -Way
Constructio
Construction Management
Equi
$55,650
fl.$58,000
$10,000
$260,000
Total
Recommended Action:
$5,356416,
$60,000
$5,800,000
Encumbered
Paid to
Date
Remaining
Budget
$(2,878) $(2,878) $52,772
$(55,650) $(24,243)
$(2,500) $7,500
$(259,046) $(259,046) 1. $954
$(42,356)
$(55,000)
$(417,430)
I
$(16,484) $5,313,994
$5,000
wiii=IR
$(302,650)
$5,382,570
Award a Public Works Agreement to MDB General Engineering, Inc. for the construction of CIP R-12 Second Street Extension in the amount not to exceed $3,799,709; and,
Authorize the City Manager to approve up to a ten percent (10%) contingency of $379,970 for any contract change orders and unforeseeable construction costs; and, Authorize the Mayor to sign.

Attachments:

A. Bid Tabulation — Second Street Extension
B. Public Works Agreement — MDB General Engineering, Inc.

C. Levine Act Statement — MDB General Engineering, Inc.

BID TABULATION
CIP NO. R-12 SECOND STREET EXTENSION IMPROVEMENTS
12/9/2024
MDB General Engineering, Inc.

Riverside Construction Co.

Los Angeles Engineering, Inc.

All American Asphalt
LC Paving
Roadway Engineering Corp.

Unit No.

Item Descripton
Est.

Qty. Dollars
Unit
Unit Price
(in figures)
Item Total
(in figures)
Dollars
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 MOBILIZATION
1 LS
$ 150,000.00
$ 150,000.00
$ 175,000.00
$ 175,000.00
$ 190,000.00
$ 190,000.00
$ 205,000.00
$ 205,000.00
$ 132,000.00
$ 132,000.00
$ 200,000.00
$ 200,000.00
2 TRAFFIC CONTROL PLAN
1 LS
$ 95,000.00
$ 95,000.00
$ 50,000.00
$ 50,000.00
$ 25,430.50
$ 25,430.50
$ 210,000.00
$ 210,000.00
$ 42,000.00
$ 42,000.00
$ 50,000.00
$ 50,000.00
3 STORMWATER POLLUTION CONTROL
1 LS
$ 112,000.00
$ 112,000.00
$ 70,000.00
$ 70,000.00
$ 50,000.00
$ 50,000.00
$ 25,000.00
$ 25,000.00
$ 40,000.00
$ 40,000.00
$ 50,000.00
$ 50,000.00
4 CLEARING AND GRUBBING (INCLUDING TREE

REMOVAL)
1 LS
$ 110,000.00
$ 110,000.00
$ 340,000.00
$ 340,000.00
$ 75,000.00
$ 75,000.00
$ 215,000.00
$ 215,000.00
$ 107,000.00
$ 107,000.00
$ 50,000.00
$ 50,000.00
5 ROADWAY EXCAVATION (CUT, FILL, & IMPORTED

BORROW)
16,670
CY
$ 53.00
$ 883,510.00
$ 52.00
$ 866,840.00
$ 39.00
$ 650,130.00
$ 57.00
$ 950,190.00
$ 43.00
$ 716,810.00
$ 65.00
$ 1,083,550.00
6 REMOVE ASPHALT CONCRETE PAVEMENT
4,765
SF
$ 2.10
$ 10,006.50
$ 2.00
$ 9,530.00
$ 3.00
$ 14,295.00
$ 6.00
$ 28,590.00
$ 4.25
$ 20,251.25
$ 2.90
$ 13,818.50
7 REMOVE CONCRETE: SIDEWALK DEMO
238
LF
$ 12.00
$ 2,856.00
$ 26.00
$ 6,188.00
$ 15.00
$ 3,570.00
$ 15.00
$ 3,570.00
$ 35.00
$ 8,330.00
$ 20.00
$ 4,760.00
8 D CURB DEMO
238
LF
$ 11.00
$ 2,618.00
$ 15.00
$ 3,570.00
$ 15.00
$ 3,570.00
$ 10.00
$ 2,380.00
$ 35.00
$ 8,330.00
$ 20.00
$ 4,760.00
9 COLD MILL ASPHALT CONCRETE PAVEMENT (2"
DEPTH)
12,607
SF
$ 1.20
$ 15,128.40
$ 1.50
$ 18,910.50
$ 1.50
$ 18,910.50
$ 2.00
$ 25,214.00
$ 1.50
$ 18,910.50
$ 1.10
$ 13,867.70
10 CLASS 2 AGGREGATE BASE
5,157
CY
$ 67.00
$ 345,519.00
$ 50.00
$ 257,850.00
$ 115.00
$ 593,055.00
$ 63.00
$ 324,891.00
$ 74.00
$ 381,618.00
$ 64.00
$ 330,048.00
11 HOT MIX ASPHALT
2,813
CY
$ 271.00
$ 762,323.00
$ 215.00
$ 604,795.00
$ 260.00
$ 731,380.00
$ 265.00
$ 745,445.00
$ 267.00
$ 751,071.00
$ 225.00
$ 632,925.00
12 MINOR CONCRETE (CURB AND GUTTER
3,291
LF
$ 46.00
$ 151,386.00
$ 39.00
$ 128,349.00
$ 30.00
$ 98,730.00
$ 48.00
$ 157,968.00
$ 53.00
$ 174,423.00
$ 65.00
$ 213,915.00
13 MINOR CONCRETE (SIDEWALK)
11,162
SF
$ 10.00
$ 111,620.00
$ 9.00
$ 100,458.00
$ 7.00
$ 78,134.00
$ 9.00
$ 100,458.00
$ 14.00
$ 156,268.00
$ 9.00
$ 100,458.00
14 8" AC DIKE
2,834
LF
$ 12.00
$ 34,008.00
$ 3.50
$ 9,919.00
$ 15.00
$ 42,510.00
$ 15.00
$ 42,510.00
$ 13.50
$ 38,259.00
$ 15.00
$ 42,510.00
15 60" REINFORCED CONCRETE PIPE (RCP) CLASS
V
204
LF
$ 460.00
$ 93,840.00
$ 830.00
$ 169,320.00
$ 820.00
$ 167,280.00
$ 750.00
$ 153,000.00
$ 1,375.00
$ 280,500.00
$ 1,200.00
$ 244,800.00
16 24" REINFORCED CONCRETE PIPE (RCP) CLASS
V
87 LF
$ 133.00
$ 11,571.00
$ 310.00
$ 26,970.00
$ 650.00
$ 56,550.00
$ 260.00
$ 22,620.00
$ 1,180.00
$ 102,660.00
$ 250.00
$ 21,750.00
17 18" REINFORCED CONCRETE PIPE (RCP) CLASS
V
187
LF
$ 92.00
$ 17,204.00
$ 310.00
$ 57,970.00
$ 550.00
$ 102,850.00
$ 210.00
$ 39,270.00
$ 795.00
$ 148,665.00
$ 250.00
$ 46,750.00
18 TYPE "X" INLET - RIV. CO. STD. CB108
1 EA
$ 10,000.00
$ 10,000.00
$ 10,000.00
$ 10,000.00
$ 4,200.00
$ 4,200.00
$ 27,000.00
$ 27,000.00
$ 19,850.00
$ 19,850.00
$ 8,000.00
$ 8,000.00
19 CURB INLET CATCH BASIN RIV. CO. STD. 300
2 EA
$ 15,000.00
$ 30,000.00
$ 11,000.00
$ 22,000.00
$ 6,500.00
$ 13,000.00
$ 22,000.00
$ 44,000.00
$ 16,700.00
$ 33,400.00
$ 10,800.00
$ 21,600.00
20 GUTTER DEPRESSION - RIV. CO. STD. 311 - CASE

2 EA
$ 3,500.00
$ 7,000.00
$ 4,000.00
$ 8,000.00
$ 2,500.00
$ 5,000.00
$ 3,750.00
$ 7,500.00
$ 8,700.00
$ 17,400.00
$ 3,160.00
$ 6,320.00
21 DRAINAGE JUNCTION STRUCTURE - RCFC STD.

JS 229 #4, CASE #2
2 EA
$ 17,000.00
$ 34,000.00
$ 15,000.00
$ 30,000.00
$ 6,000.00
$ 12,000.00
$ 8,000.00
$ 16,000.00
$ 4,500.00
$ 9,000.00
$ 8,900.00
$ 17,800.00
22 TRASH GUARD - CALTRANS STD. RSP D75C
4 EA
$ 2,000.00
$ 8,000.00
$ 5,500.00
$ 22,000.00
$ 8,500.00
$ 34,000.00
$ 13,500.00
$ 54,000.00
$ 2,400.00
$ 9,600.00
$ 9,700.00
$ 38,800.00
23 60" PIPE HEADWALL - CALTRANS STD. RSP D90
4 EA
$ 30,000.00
$ 120,000.00
$ 60,000.00
$ 240,000.00
$ 100,000.00
$ 400,000.00
$ 27,000.00
$ 108,000.00
$ 27,100.00
$ 108,400.00
$ 92,000.00
$ 368,000.00
24 24" PIPE HEADWALL - CALTRANS STD. RSP D90
1 EA
$ 20,000.00
$ 20,000.00
$ 30,000.00
$ 30,000.00
$ 35,000.00
$ 35,000.00
$ 16,200.00
$ 16,200.00
$ 21,800.00
$ 21,800.00
$ 32,700.00
$ 32,700.00
25 HEADWALL FENCE WITH ASSEMBLY
172
LF
$ 68.00
$ 11,696.00
$ 100.00
$ 17,200.00
$ 50.00
$ 8,600.00
$ 325.00
$ 55,900.00
$ 160.00
$ 27,520.00
$ 90.00
$ 15,480.00
26 RIP RAP APRON
20 TN
$ 400.00
$ 8,000.00
$ 1,000.00
$ 20,000.00
$ 300.00
$ 6,000.00
$ 1,025.00
$ 20,500.00
$ 760.00
$ 15,200.00
$ 1,280.00
$ 25,600.00
27 TRAFFIC STRIPING, PAVEMENT MARKINGS,

MARKERS AND SIGNS
1 LS
$ 20,000.00
$ 20,000.00
$ 20,000.00
$ 20,000.00
$ 20,000.00
$ 20,000.00
$ 20,000.00
$ 20,000.00
$ 21,000.00
$ 21,000.00
$ 25,000.00
$ 25,000.00
28 MMRP COMPLIANCE: BURROWING OWL SURVEY
1 LS
$ 4,000.00
$ 4,000.00
$ 10,000.00
$ 10,000.00
$ 8,500.00
$ 8,500.00
$ 1,500.00
$ 1,500.00
$ 24,000.00
$ 24,000.00
$ 10,000.00
$ 10,000.00
29 MMRP COMPLIANCE: NESTING SURVEY
1 LS
$ 3,100.00
$ 3,100.00
$ 25,000.00
$ 25,000.00
$ 35,000.00
$ 35,000.00
$ 20,000.00
$ 20,000.00
$ 24,000.00
$ 24,000.00
$ 45,000.00
$ 45,000.00
30 MMRP COMPLIANCE: PALEONTOLOGICAL

MONITORING
1 LS
$ 40,000.00
$ 40,000.00
$ 45,000.00
$ 45,000.00
$ 40,000.00
$ 40,000.00
$ 25,000.00
$ 25,000.00
$ 24,000.00
$ 24,000.00
$ 86,000.00
$ 86,000.00
31 DUAL STREETLIGHT ASSEMBLIES (COMPLETE

WITH FOUNDATIONS)
14 EA
$ 14,898.18
$ 208,574.52
$ 10,000.00
$ 140,000.00
$ 14,000.00
$ 196,000.00
$ 11,000.00
$ 154,000.00
$ 10,500.00
$ 147,000.00
$ 11,500.00
$ 161,000.00
32 PCC MEDIAN D CURB & STAMPED MEDIAN

CONCRETE
9,167
SF
$ 16.00
$ 146,672.00
$ 22.00
$ 201,674.00
$ 25.00
$ 229,175.00
$ 34.00
$ 311,678.00
$ 55.00
$ 504,185.00
$ 25.00
$ 229,175.00
33 ELECTRICAL (HANDHOLE BOXES, CONDUIT,

WIRING, AND CONNECTION)
2580
LF
$ 61.27
$ 158,076.60
$ 47.00
$ 121,260.00
$ 46.00
$ 118,680.00
$ 40.00
$ 103,200.00
$ 52.00
$ 134,160.00
$ 41.00
$ 105,780.00
34 BID ALTERNATIVE: ARCHEOLOGICAL DISCOVERY
(IF NEEDED)
1 LS
$ 62,000.00
$ 62,000.00
$ 10,000.00
$ 10,000.00
$ 45,000.00
$ 45,000.00
$ 25,000.00
$ 25,000.00
$ 29,500.00
$ 29,500.00
$ 51,000.00
$ 51,000.00
Total Amount for Bid Items 1- 15
$ 3,799,709.02
$ 3,867,803.50
$ 4,111,550.00
$ 4,260,584.00
$ 4,297,110.75
$ 4,351,167.20

CITY OF BEAUMONT
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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective January 21, 2025, by and between the City of Beaumont, a municipal corporation ("CITY"), and MDB General Engineering, Inc., a California Stock Corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the R-12 Second Street Extension (hereinafter "Project"). CITY's Invitation for Bids ("Invitation") for the Project, dated October 29, 2024, and CONTRACTOR's Bid in response to the Invitation, dated December 9, 2024, are attached hereto as Exhibits A and B, respectively and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.

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

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR's work on the Project shall be completed within durations established for the individual activities. All work shall commence ten (10) calendar days after receiving a written Notice to proceed from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project.

CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations.

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III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of THREE MILLION SEVEN HUNDRED NINETY-NINE THOUSAND SEVEN HUNDRED NINE DOLLARS AND 02/100 ($3,799,709.02).

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

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

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

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and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

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

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

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

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

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

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

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any

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insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

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

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

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

3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability.

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

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

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

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

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

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

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear.

CONTRACTOR shall not be required to maintain property insurance for

Public Works Agreement

CITY OF BEAUMONT
C24-169
any portion of the Project following transfer of control thereof to CITY.

The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

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

B. Other provisions or requirements

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

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

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

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

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

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

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

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

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a

CITY OF BEAUMONT
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limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

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

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

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

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

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

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

13. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

14.CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and

CITY OF BEAUMONT
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types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation.

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

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

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

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

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

XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."

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B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

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

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

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

C. The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
]X111. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Robert M Matich whose title is President is authorized to act for and bind the corporation.

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

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

CITY OF BEAUMONT
C24-169

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

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

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

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

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

XVI. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:

X Notice Inviting Bids
X Scope of Work Summary
X Information for Bidders
X Bid Form
X Non -Collusion Affidavit
X Site Visit Certification
X Faithful Performance Bond
X Labor and Materials Payment
Bond
X General and Supplemental
Conditions
X Special Conditions
X Project Construction Schedule
X Proposed Subcontractors
X Bid Bond
X Information Required of Bidder
X Construction Services Agreement
X Certificate Regarding Worker's
X Compensation
X Drug -free Workplace Certification
X Plans and Specifications
X Addenda
X Drawings
X Change Orders

Public Works Agreement

CITY OF BEAUMONT
C24-169
X Shop Drawing Transmittals
X Contractor's Certificate Regarding
X Non -Asbestos Containing
Materials
All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

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

CITY OF BEAUMONT
C24-169

SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
CITY: CONTRACTOR:

CITY OF BEAUMONT MDB GENERAL ENGINEERING, INC.

By: By
Mike Lara, Mayor
Print Name: 3StoctIrk. �
Title: (WQS kCVQc'-
ATTEST:

By:

Nicole Wheelwright, Deputy City Clerk
APPROVED AS TO FORM:

By:

John O. Pinkney, City Attorney

CITY OF BEAUMONT
C24-169

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "A"

CITY'S INVITATION FOR BIDS
(Insert behind this page.)
15

Website:
http://beam , lontca.gov/

BEAUMONT
-CALIFORNIA-

REQUEST FOR BID
FOR:

Address:
550 E. 6th Street
Beaumont, CA 92223
CIP R-12

SECOND STREET EXTENSION PROJECT

CRITICAL BID DATES, TIMES, & LOCATIONS
Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

Phone:
951.769.8520
October 29, 2024
December 9, 2024 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
November 14, 2024 @ 12:00 P.M
December 9, 2022 @ 11:05 A.M.
550 E. Sixth Street (City Hall), Room 4
CONTACTS:

Raveena Chara
Procurement and Contracts Specialist
rcharac beaumontca.gov
RFB AVAILABLE:

City of Beaumont Planit Bids Portal
httos://vendors.Planetbids.com/oortal/66785/bo/bo-search

City of Beaumont
Request for bid
CIP R-12
Second Street Extension Project

CITY OF BEAUMONT

CALIFORNIA

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:

CIP R-12

SECOND STREET EXTENSION PROJECT
Prepared Under the Supervision of:
10/25/2024
Robert L.'Vestal, P.E.; Public Works Director/City Engineer Date

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

TABLE OF CONTENTS
NOTICE INVITING BIDS 2
INSTRUCTIONS TO BIDDERS 5
BID FORM 13
BASE BID 14
BID SCHEDULE 14
BID CERTIFICATION. 16
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 17 BID BOND 18
DESIGNATION OF SUBCONTRACTORS 21
INFORMATION REQUIRED OF BIDDERS 23
NON -COLLUSION AFFIDAVIT 30
PERFORMANCE BOND 31
THIS IS A REQUIRED FORM 34
PAYMENT BOND 36
02 GENERAL CONDITIONS 36
03 TECHNICAL SPECIFICATIONS 37
04 SPECIAL SPECIFICATIONS 38
05 CONTRACT DRAWINGS 39
06 PUBLIC WORKS AGREEMENT 40
07 APPENDICES 41

NOTICE INVITING BIDS
1

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

NOTICE INVITING BIDS
The City of Beaumont, Public Works Department ("City") is soliciting bids for:

SECOND STREET EXTENSION PROJECT
Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

October 29, 2024
December 9, 2024 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
November 14, 2024 @ 12:00 P.M.

December 9, 2022 @ 11:05 A.M.
550 E. Sixth Street (City Hall), Room 4
Bids received after this time will be discarded. Bids shall be valid for 90 calendar days after the bid opening date. Bids must be submitted on the City's Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:
"CIP R-12 SECOND STREET EXTENSION PROJECT"
LOCATION OF WORK:

The work to be completed is located on Second Street from the western terminus to Pennsylvania Ave and is defined in Appendix A - Construction Plans.

DESCRIPTION OF WORK:

The proposed work shall be performed in accordance with the contract documents, including but not limited to the general conditions, special conditions, technical specifications, contract drawings, permits, and all other reference documents.

In general, the work includes, but is not limited to extending Second Street as defined in construction plans to, grade, construct sidewalk, construct curb and gutter, construct new paving, cold milling, asphalt concrete overlay, storm drains, traffic control, traffic stripping and pavement markings, etc.

CONTRACT LENGTH:

The work for this contract shall not exceed 200 calendar days. Contract time shall commence upon issuance of the Notice to Proceed from the City. If The Work is not completed as stated in the Contract Documents, there will be liquidated damages in a sum of $2,000 per calendar day as stated in General Conditions, Article 43.

FEDERAL FUNDING:

This Project is partially funded by an Economic Development Initiative/Community Project

INSTRUCTIONS TO BIDDERS
2

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
Funding Congressionally Directed Spending grant. This Project is subject to federal provisions pursuant to 2 CFR 200 including, but not limited to, System for Award Management (SAM) registration (2 CFR Part 25); Disadvantaged Business Enterprises (2 CFR 200.321); Domestic Preference for Procurement (2 CFR 200.322); and others. Information pertaining to these, and other Federal Special Provisions is included in the Supplemental Special Conditions (Section 05 Supplemental Special Conditions) of the Bid Specifications. The successful Contractor shall comply with all federal and state requirements subject to this Project.

AWARD OF CONTRACT:

The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from the base bid. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

The City of Beaumont hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit Bids in response to this Notice, and that minorities nor minority business enterprises will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. For further information, please see the form titled "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)" within the Bid Documents.

CONTRACT DOCUMENTS AND SPECIFICATION:

Copies of the Contract Documents and Specification are available for inspection at no cost to the bidder at City HaII. The documents can also be downloaded from the City's Website ( https://vendors.planetbids.com/portal/66785/bo/bo-search) and reviewed at no cost.

BID & BIDDER:

Bids must be accompanied by cash, a certified or cashier's check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.

Each bid shall be accompanied by the security referred to in the Contract Documents, the non -collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:

INSTRUCTIONS TO BIDDERS
3

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
• California Class "A" and/or required Class "C" licenses FOR FURTHER INFORMATION CONTACT:

Raveena Chara
E-mail: [email protected]

INSTRUCTIONS TO BIDDERS
4

City of Beaumont
Request for bid
CIP R-12
Second Street Extension Project

INSTRUCTIONS TO BIDDERS
AVAILABILITY OF CONTRACT DOCUMENTS:

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost. Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids. The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project.

EXAMINATION OF CONTRACT DOCUMENTS:

The City has made copies of the Contract Documents available, as indicated above.

Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications, or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City.

Such submission, if any, must be sent to the Project Manager by faxing (951)769-8526 or emailing to [email protected]. Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has purchased a set of Contract Documents. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation. Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

INSPECTION OF SITE:

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and

INSTRUCTIONS TO BIDDERS
5

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
restrictions which may impact the cost or effort required to complete the Project.

ADDENDA:

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project Tess than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note:

Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.

ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, COMPUTER OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non -responsive.

INSTRUCTIONS TO BIDDERS
6

City of Beaumont CIP R-12
Request for bid ' Second Street Extension Project

BEAUMONT
MODIFICATIONS OF BIDS:

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non -responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

DESIGNATION OF SUBCONTRACTORS:

Pursuant to the funding regulation, the Bidders must designate the name and location of each subcontractor who will perform work or render services for in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

LICENSING REQUIREMENTS:

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

SIGNING OF BIDS:

All Bids submitted shall be executed by the Bidder or its authorized representative.

Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be

INSTRUCTIONS TO BIDDERS
7

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

BID GUARANTEE (BOND):

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier's check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder's bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

SUBMISSION OF BIDS:

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be mailed or hand delivered to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein.

Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601.

The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City's designated methods for delivery.

DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. It is the Bidder's sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids at the address specified in the NIB. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a

INSTRUCTIONS TO BIDDERS
8

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

WITHDRAWAL OF BID:

Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative.

BASIS OF AWARD; BALANCED BIDS:

The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other bids received or to the City's internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non -responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID:

No bidder shall be allowed to make, submit or be interested in more than one bid.

However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City.

No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

INSURANCE REQUIREMENTS:

The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

AWARD PROCESS:

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and Materials) Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification.

Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

FILING OF BID PROTESTS
Bidders may file a "protest" of a Bid with the City's City Engineer. In order for a Bidder's protest to be considered valid, the protest must:
• Be filed in writing within five (5) calendar days after the bid opening date;

INSTRUCTIONS TO BIDDERS
9

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
• Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.

WORKERS COMPENSATION:

Each bidder shall submit the Contractor's Certificate Regarding Workers' Compensation form.

SUBSTITUTION OF SECURITY:

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

PREVAILING WAGES:

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.qov . Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions, no contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The DIR registration number for each contractor and subcontractor must be identified on the bid proposal - failure to identify this number could result in the bid being rejected as non- responsive. It is each bidder's responsibility to ensure that they have fully complied with

INSTRUCTIONS TO BIDDERS
10

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS:

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

PERFORMANCE AND PAYMENT BOND REQUIREMENTS:

Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.

REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.

SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS
11

City of Beaumont
Request for bid

BEAUMONT

INSTRUCTIONS TO BIDDERS
12

CIP R-12
Second Street Extension Project

City of Beaumont
Request for bid
NAME OF BIDDER:

BEAUMONT

BID FORM
CIP R-12
Second Street Extension Project
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CIP R-12 SECOND STREET EXTENSION PROJECT
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)
TOTAL

BID PRICE
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM
13

City of Beaumont
Request for bid

BEAUMONT

BASE BID

BID SCHEDULE
CIP R-12
Second Street Extension Project
CIP R-12 SECOND STREET EXTENSION PROJECT
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 MOBILIZATION
1 LS
2 TRAFFIC CONTROL PLAN
1 LS
3 STORMWATER POLLUTION CONTROL
1 LS
4 CLEARING AND GRUBBING
(INCLUDING TREE REMOVAL)
1 LS
5 ROADWAY EXCAVATION (CUT, FILL, &

IMPORTED BORROW)
16,670
CY
6 REMOVE ASPHALT CONCRETE

PAVEMENT
4,765
SF
7 REMOVE CONCRETE: SIDEWALK
DEMO
238
LF
8 P CURB DEMO
238
LF
9 COLD MILL ASPHALT CONCRETE
PAVEMENT (2" DEPTH)
12,607
SF
10 CLASS 2 AGGREGATE BASE
6,892
TN
11 HOT MIX ASPHALT
7,346
TN
12 MINOR CONCRETE (CURB AND
GUTTER
3,291
LF
13 MINOR CONCRETE (SIDEWALK)
11,162
SF
14 8" AC DIKE
2,834
LF
15 60" REINFORCED CONCRETE PIPE
i RCP) CLASS V
204
LF
16 24" REINFORCED CONCRETE PIPE
(RCP) CLASS V
87 LF
17 18" REINFORCED CONCRETE PIPE
(RCP) CLASS V
187
LF
18 CURB INLET CATCH BASIN - RIV. CO.

STD. 300
2 EA
19 GUTTER DEPRESSION - RIV. CO. STD.
311 - CASE "B"
2 EA
20 DRAINAGE JUNCTION STRUCTURE -
RCFC STD. JS 229, #2
2 EA

BID FORM
14

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT
7 UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
21 TRASH GUARD - CALTRANS STD. RSP
D75C
4 EA
22 60" PIPE HEADWALL - CALTRANS STD.

RSP D90
4 EA
23 24" PIPE HEADWALL - CALTRANS STD.

RSP D90
1 EA
24 HEADWALL FENCE WITH ASSEMBLY
172
LF
25 RIP RAP APRON
20 TN
26 TRAFFIC STRIPING, PAVEMENT

MARKINGS, MARKERS AND SIGNS
1 LS
27 MMRP COMPLIANCE: BURROWING

OWL SURVEY
1 LS
28 MMRP COMPLIANCE: NESTING
SURVEY
1 LS
29 MMRP COMPLIANCE:

PALEONTOLOGICAL MONITORING
1 LS
30 DUAL STREETLIGHT ASSEMBLIES
(COMPLETE WITH FOUNDATIONS)
14 EA
31 PCC MEDIAN D CURB & STAMPED

MEDIAN CONCRETE
6000
LF
32 ELECTRICAL (HANDHOLE BOXES,

CONDUIT, WIRING, AND CONNECTION)
2580
LF
33 BID ALTERNATIVE: ARCHEOLOGICAL

DISCOVERY (IF NEEDED)
1 LS
PROJECT BASE BID SUBTOTAL:

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price. In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM
15

City of Beaumont
Request for bid

BEAUMONT

BID CERTIFICATION
CIP R-12
Second Street Extension Project
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No.

Expiration Date
Class of license
If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:

1. Addenda No. thru

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.

3. Attached is the fully executed Non -Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder
Signature
Name and Title
Dated

BID FORM
16

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION

SECOND STREET EXTENSION PROJECT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name and Title
Dated

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
17

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

BID BOND

SECOND STREET EXTENSION PROJECT
The makers of this bond are,
as Principal, and
as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 20_, for

SECOND STREET EXTENSION PROJECT
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses.

BID BOND
18

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this day of , 20 , the name and
corporate seal of each corporation.
(Corporate Seal)
Principal
By
Title
(Corporate Seal) Surety
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title

BID BOND
19

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

STATE OF CALIFORNIA )
) ss.

CITY OF )
On this day of , in the year 20_, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney -In -
Fact.
(SEAL)
Commission expires:

Notary Public in and for said State
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.

BID BOND
20

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

DESIGNATION OF SUBCONTRACTORS

SECOND STREET EXTENSION PROJECT
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

Portion of the Work
Subcontractor
Location of Business
% of Work

DESIGNATION OF SUBCONTRACTORS
21

City of Beaumont
Request for bid
BEAiIMONT
CIP R-12
Second Street Extension Project
Portion of the Work
Subcontractor
Location of Business
% of Work
Name of Bidder
Signature
Name and Title
Dated

DESIGNATION OF SUBCONTRACTORS
22

City of Beaumont CIP R-12
Request for bid
,� Second Street Extension Project
BEA

INFORMATION REQUIRED OF BIDDERS

SECOND STREET EXTENSION PROJECT
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder:

2.0 Type, if Entity:

3.0 Bidder Address:

Facsimile Number Telephone Number

4.0 License Information:

License No.

Class of License Expiration Date
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor?

5.1 How many years has Bidder's organization been in business under its present name?

6.0 Under what other or former names has Bidder's organization operated?

7.0 If Bidder's organization is a corporation, answer the following:

INFORMATION REQUIRED OF BIDDERS
23

City of Beaumont CIP R-12
Request for bid "`""` Second Street Extension Project

7.1 Date of Incorporation:

7.2 State of Incorporation:

7.3 President's Name:

7.4 Vice -President's Name(s):

7.5 Secretary's Name:

7.6 Treasurer's Name:

8.0 If an individual or a partnership, answer the following:

8.1 Date of Organization:

8.2 Name and address of all partners (state whether general or limited partnership:

BEAUMONT

9.0 If other than a corporation or partnership, describe organization and name principals:

10.0 List other states in which Bidder's organization is legally qualified to do business.

11.0 What type of work does the Bidder normally perform with its own forces?

12.0 Has Bidder ever failed to complete any work awarded to it? If so, note when,

INFORMATION REQUIRED OF BIDDERS
24

City of Beaumont
Request for bid
where, and why:

BEAUMONT
CIP R-12
Second Street Extension Project

13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

14.0 List Trade References:

15.0 List Bank References (Bank and Branch Address):

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

INFORMATION REQUIRED OF BIDDERS
25

City of Beaumont
Request for bid

BEAUMONT
B. LIST OF CURRENT PROJECTS (Backlog)
CIP R-12
Second Street Extension Project
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone

INFORMATION REQUIRED OF BIDDERS
26

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects_**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project Client
Description of
Bidder's Work
Period of
Performance
Cost of Bidder's
Work
Contact Name
& Phone

INFORMATION REQUIRED OF BIDDERS
27

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

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

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

2. Summarize each person's specialized education:

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

4. Summarize such experience:

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

INFORMATION REQUIRED OF BIDDERS
28

City of Beaumont
Request for bid
Additional Bidder's Statements:

BEAUMONT
CIP R-12
Second Street Extension Project
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name and Title
Dated

INFORMATION REQUIRED OF BIDDERS
29

City of Beaumont
Request for bid
CIP R-12
Second Street Extension Project

NON -COLLUSION AFFIDAVIT

SECOND STREET EXTENSION PROJECT
I, , being first duly sworn, deposes and says that he is of the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Bidder
Signature
Name and Title
Dated

NON -COLLUSION AFFIDAVIT
30

City of Beaumont
Request for bid

BEAUMONT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

CIP R-12
Second Street Extension Project
THAT WHEREAS, (hereinafter referred to as "City")
has awarded to , (hereinafter referred to as the "Contractor") an agreement for
(hereinafter referred to as the "Project").

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less
than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which 31

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3)
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
32

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]
33

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .

CONTRACTOR/PRINCIPAL
Name
By
SURETY:

By:

Attorney -In -Fact
The rate of premium on this bond is per thousand. The total amount of premium charges, $
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
34

City of Beaumont
Request for bid

STATE OF CALIFORNIA )
) ss.

CITY OF )

BEAUMONT
CIP R-12
Second Street Extension Project
On this day of , in the year 20 , before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the
(Surety) thereto and his own name as Attorney -In -
Fact.
(SEAL)
Notary Public in and for said State
Commission expires:

NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
35

City of Beaumont
Request for bid

BEAUMONT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
CIP R-12
Second Street Extension Project
WHEREAS, the City of Beaumont (hereinafter designated as the "City"), by action taken or a resolution passed , 20_ has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
36

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the day of 20_
the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) (Seal of Surety)
By
(Signature of Contractor)
Surety
By
Attorney in Fact
(Attached Attorney -In -Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
37

City of Beaumont
Request for bid

BEAUMONT
02 GENERAL CONDITIONS
CIP R-12
Second Street Extension Project

SECOND STREET EXTENSION PROJECT
38

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
03 TECHNICAL SPECIFICATIONS

SECOND STREET EXTENSION PROJECT
39

City of Beaumont
Request for bid
CIP R-12
Second Street Extension Project
04 SPECIAL CONDITIONS

SECOND STREET EXTENSION PROJECT
40

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
05 SUPPLEMENTAL SPECIAL CONDITIONS

SECOND STREET EXTENSION PROJECT
41

City of Beaumont
Request for bid

BEAUMONT
06 CONTRACT drawings
CIP R-12
Second Street Extension Project

SECOND STREET EXTENSION PROJECT
42

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
07 PUBLIC WORKS AGREEMENT

SECOND STREET EXTENSION PROJECT
43

City of Beaumont
Request for bid

BEAUMONT
08 APPENDICES
CIP R-12
Second Street Extension Project

SECOND STREET EXTENSION PROJECT
44

CITY OF BEAUMONT
C24-169

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "B"

CONTRACTOR'S BID
(Insert behind this page.)
16

City of Beaumont
Request for bid

BEAUMONT

BID FORM
NAME OF BIDDER: MDB General Engineering, Inc.

CIP R-12
Second Street Extension Project
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CIP R-12 SECOND STREET EXTENSION PROJECT
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)
TOTAL

BID PRICE
Ylra Ymt\tQV1, s-QVn Ywintlr$(1Y,;•
niv t. --V OLISOInd , Seven v1Nnctr2al
,n;vve dOttars o1r,d1 }WO cehl-c
3 109 10°I tr.)
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM
13

BASE BID

BID SCHEDULE
CIP R-12 SECOND STREET EXTENSION PROJECT
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 MOBILIZATION
1 LS
150,000.00
150,000.00
2 TRAFFIC CONTROL PLAN
1 LS
95,000.00
95,000.00
3 STORMWATER POLLUTION CONTROL
1 LS
112,000.00
112,000.00
4 CLEARING AND GRUBBING
(INCLUDING TREE REMOVAL)
1 LS
110,000.00
110,000.00
5 ROADWAY EXCAVATION (CUT, FILL, &

IMPORTED BORROW)
16,670
CY
00 6

REMOVE ASPHALT CONCRETE

PAVEMENT
4,765
SF

2.10 10,006.50
7 REMOVE CONCRETE; SIDEWALK
DEMO
238
LF

12.00 2,856.00
8 D CURB DEMO
238
LF

11.00 2,618.00
9 COLD MILL ASPHALT CONCRETE
PAVEMENT (2" DEPTH)
12,607
SF

1.20 15,128.40
10 CLASS 2 AGGREGATE BASE
5,157
CY

67.00 345,519.00
11 HOT MIX ASPHALT
2,813
CY
271.00
762,323.00
12 MINOR CONCRETE (CURB AND
GUTTER
3,291
LF

46.00 151,386.00
13 MINOR CONCRETE (SIDEWALK)
11,162
SF

10.00 111,620.00
14 8" AC DIKE
2,834
LF

12.00 34,008.00
15 60" REINFORCED CONCRETE PIPE
(RCP) CLASS V
204
LF
460.00
93,840.00
16 24" REINFORCED CONCRETE PIPE
(RCP) CLASS V
87 LF
133.00
11,571.00
17 18" REINFORCED CONCRETE PIPE
(RCP) CLASS V
187
LF

92.00 17,204.00
18 TYPE "X" INLET - RIV. CO. STD. CB108
1 EA
10,000.00
10,000.00
19 CURB INLET CATCH BASIN - RIV. CO.

STD. 300
2 EA
15,000.00
30,000.00
20 GUTTER DEPRESSION - RIV. CO. STD.
311 - CASE "B"
2 EA
3,500.00
7,000.00
21 DRAINAGE JUNCTION STRUCTURE -
RCFC STD. JS 229 #4, CASE #2
2 EA
17,000.00
34,000.00

BID FORM

ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
22 TRASH GUARD - CALTRANS STD. RSP
D75C
4 EA
2,000.00
8,000.00
23 60" PIPE HEADWALL - CALTRANS STD.

RSP D90
4 EA
30,000.00
120,000.00
24 24" PIPE HEADWALL - CALTRANS STD.

RSP D90
1 EA
20,000.00
20,000.00
25 HEADWALL FENCE WITH ASSEMBLY
172
LF

68.00 11,696.00
26 RIP RAP APRON
20 TN
400.00
8,000.00
27 TRAFFIC STRIPING, PAVEMENT

MARKINGS, MARKERS AND SIGNS
1 LS
20,000.00
20,000.00
28 MMRP COMPLIANCE: BURROWING

OWL SURVEY
1 LS
4,000.00
4,000.00
29 MMRP COMPLIANCE: NESTING
SURVEY
1 LS
3,100.00
3,100.00
30 MMRP COMPLIANCE:

PALEONTOLOGICAL MONITORING
1 LS
40,000.00
40,000.00
31 DUAL STREETLIGHT ASSEMBLIES
(COMPLETE WITH FOUNDATIONS)
14 EA
14,898.18
208,574.52
32 PCC MEDIAN D CURB & STAMPED

MEDIAN CONCRETE
9,167
SF

16.00 146,672.00
33 ELECTRICAL (HANDHOLE BOXES,

CONDUIT, WIRING, AND CONNECTION)
2580
LF

61.27 158,076.60
34 BID ALTERNATIVE: ARCHEOLOGICAL

DISCOVERY (IF NEEDED)
1 LS
62,000.00
62,000.00
PROJECT BASE BID SUBTOTAL:

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price. In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM

City of Beaumont
Request for bid
�-----"mil

BEAUMONT

BID CERTIFICATION
CIP R-12
Second Street Extension Project
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 1054408
Expiration Date 06/30/2025
Class of license A
If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:

1. Addenda No. 1 thru 2

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.

3. Attached is the fully executed Non -Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of"mined material° must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder MDB General Eric nearing, Inc.
1 1 /,
Signature I ;'
Name and Title Courtney Statham, President
Dated December 9, 2024

BID FORM
16

City of Beaumont
Request for bid
BEAUM0NT
CIP R-12
Second Street Extension Project

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION

SECOND STREET EXTENSION PROJECT
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder MDB General Enqineerinc, Inc.

Signature
Name and Title
Dated
Courtney Statham, President
December 9, 2024

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
17

City of Beaumont
Request for bid
CIP R-12
Second Street Extension Project

BID BOND

SECOND STREET EXTENSION PROJECT
The makers of this bond are,
MDB GENERAL ENGINEERING, INC.
as Principal, and

CONTRACTORS BONDING AND INSURANCE COMPANY
as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated DECEMBER 9 , 20 24 , for

SECOND STREET EXTENSION PROJECT
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attomeys' fees, court costs, expert witness fees and expenses.

BID BOND
18

City of Beaumont
Request for bid

BE WMONT
CIP R-12
Second Street Extension Project
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 25TH day of NOVEMBER , 20 24 , the name and corporate seal of each corporation.
(Corporate Seal)
(Corporate Seal)
WDB GENERAL ENGINEERING. INC.

Principal
=dales :�
Pre- s t cLesvt ITr e oLS
Title

CONTRACTORS BONDING AND INSURANCE COMPANY
Surety
By
a �
JOHN G. MALONEY
Attorney -in -Fact

ATTORNEY -IN -FACT
(Attach Attomey-in-Fact Certificate) Title

BID BOND
19

City of Beaumont
Request for bid

STATE OF CALIFORNIA )
) ss.

CITY OF )
On this day of , in tIte ear 20 , before me,
, a Notary Public and for said state, personally
appeared ! , nown to me to be the person
whose name is subscribed to the within instrument a he Attorney -In -Fact of the (Surety) acknowledged to me that he subscribe t - ame of the (Surety) th o and his own name as Attorney-In-

BEA MONT
CIP R-12
Second Street Extension Project
Fact.

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

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

BID BOND
20

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _ SAN DIEGO
}
On 11/25/2024 before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer
JOHN G. MALONEY
Date
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s} whose names) is/ace-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature() on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the Instrument SANDRA FIGUEROA 1
COMM. # 2499159
SAN DIEGO COUNTY 1>

NOTARY PUBLIC-CALIFORNIAZ
MY COMMISSION EXPIRES "-I
SEPTEMBER22,2028
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature

OPTIONAL
Signature of Notary
Completing this information can deter alteration of the document or fraudulent reattachment of thls form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: JOHN G. MALONEY
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual Attomey in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other.

Signer is Representing:

Signers Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:

Signer is Representing:

ArrinaraliaMBRIDEMO
©2O17 National Notary Association

POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:

That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.

That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:

Mark D. Iatarola, John G. Maloney. Helen Maloney, Sandra Fieueroa• Tracy Lynn Rodriguez, jointly or severally in the City of Esconeido , State of California its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000.000.00 ) for any single obligation.

The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.

RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective
December , 2023 .

State of Illinois
SS
County of Peoria
§" 00.
•' •9,0,14
•
SEAL ,f=
4UN ,,,,,' ..

Sr. Vice President with its corporate seal affixed this 4th day of • 0oPPoRailr
SEAL
<<f NCO\
On this day of December , 2023 , before me, a Notary Public, personally appeared Eric Raudins who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and ackmowledged said instrument to be the voluntary act and deed of said corporation.

JILL A SCOTT
Notary Pubik
State of Ohio
MY Caron. Expires
September 22, 2025
Notary Public
RLI Insurance Company
Contractors Bonding and Ins j nce Company
By:

Eric Raudins

CERTIFICATE
Sr. Vice President
I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Conra_ny and/or Contractors Bonding and Insurance Company this 23TH day of NOVEMBER. , 2024
RLI Insurance Company
Contractors Bonding and Insurance Company
By:

Jeffrey OLYicIA
Corporate Secretary

A0058D19

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of orange
On 121 OLf /20.,-f before me, Pi'Y)o Paft1G1 G F/i/iPS s A/Ot0e y IkfblaL Date Here Insert Name and Title of the Officer
Personally appeared
)
)
COW tr7PV S than)
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(st7 whose name(≤) is/art subscribed to the within instrument and acknowledged to me that 14e/she/ttyey executed the same in bts/her/thfirauthorized capacity(ieb), and that by ht§/her/tlAirsignature(t) on the instrumentthe person(i), or the entity upon behalf of which the person(€) acted, executed the Instrument.

ANA PATRICIA FLORES
��" Notary Public - California L
Orange County
Commission N 2454204
My Comm. Expires Jul 21, 2027
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature,l4j'Ca Pav p d id
Signature of Notary Public
----- — OPTIONAL-- -- -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document Document Date
Number of Pages Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
fl Corporate Officer—Title(s)
▪ Partner [l Limited J General
in Individual El Attomey in Fact
▪ Trustee fl Guardian or Conservator
0 Other
Signer Is Representing
Signer's Name
CI Corporate Officer—Title(s)
El Partner © Limited °General
® Individual Attorney in Fact
Trustee In Guardian or Conservator
® Other
Signer Is Representing
®2014NationalNotaryAssociation • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item#5907