Beaumont City Council
March 4, 2025

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
Traffic Striping, Pavement
Markings, Markers, and
29ns
Superior Pavement
Markings
PO Box 278
Beaumont, CA 92223

0.5%
Structures and
Appertenances
KEC Engineering, Inc
26320 Lester Cir
Corona, CA 92883
10%
Electrical
& Data, Inc
4454- z-Stnaet
e, -CA 91706
.g;5
EIeCtyl cal
sterrrn Pao hc
�tec�►Cgl Cov ; tt�
.':: 542. 1iVAton Si
12\vers cie ,cA °t 2bo'
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DESIGNATION OF 2SUBCONTRACTORS

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project
Portion of the Work
Subcontractor
Location of Business
% of Work
Name of Bidder MDB General Engineering, Inc.

Signature
Name and Title
Dated
C'u
Courtney Statham, President
December 9, 2024

DESIGNATION OF SUBCONTRACTORS
22

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

INFORMATION REQUIRED OF BIDDERS

SECOND STREET EXTENSION PROJECT
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**1 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: MDB General Engineering, Inc.

2.0 Type, if Entity: Corporation

3.0 Bidder Address: 22601 La Palma Ave, Ste 103, Yorba Linda, CA 92887 949-296-8335 949.296-8335
Facsimile Number Telephone Number

4.0 License Information:
1054408
A 06/30/2025
License No.

Class of License Expiration Date
1000399000
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor? 5+

5.1 How many years has Bidders organization been in business under its present name? 2

6.0 Under what other or former names has Bidder's organization operated? Previously known as Mac Dad Builders, Inc. -
Name Chanced with Secretary of State via Amended Articles of Incorporation

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

INFORMATION REQUIRED OF BIDDERS

City of Beaumont
Request for bid

BEAUMONT

7.1 Date of Incorporation: January 15, 2019

7.2 State of Incorporation: California

7.3 President's Name: Courtney Statham

7.4 Vice -President's Name(s): Madeleine McKenna

7.5 Secretary's Name: Madeleine McKenna

7.6 Treasurer's Name: Courtney Statham
CIP R-12
Second Street Extension Project

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

8.1 Date of Organization:

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

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

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

N/A

11.0 What type of work does the Bidder normally perform with its own forces? Demolition, Earthwork, Paving, Concrete

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: No
G��

BEAUMOMT
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? No If so, attach a separate sheet of explanation: N/A

14.0 List Trade References:

Ryan Nilson - 951-203-2231
Daniel Rarpg - 818-4B2-9487
Zach Darwin - 818-898-1521
Vince Holguin - 626-807-8918

15.0 List Bank References (Bank and Branch Address):

First Citizens Bank - Mina Escamilla
1120 El Camino Ave. Corona. CA 92879

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

Contractors Bonding and Insurance Company
Maloney & Associates - Mark Iatarola
435 West Grand Ave, Escondido, CA 92025

INFORMATION REQUIRED OF BIDDERS

City of Beaumont / CIP R-12
Request for bid

BEAUMONT
B. LIST OF CURRENT PROJECTS (Backlog)
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
Indio City Hall
Demolition
Demo, Earthwork, Concrete
Geo P ers. AC Pave
March 2026
$3,348,000
Drew Corns
951-684-5901
Riverside County
Lanai's $4,328,223
Earthwork, AC Paving,
Concrete
May 2026
Ernesto Perez
951-486-3309
Roadrunner
Motors
Earthwork and AC Paving
June 2025
$661,000
Sam Gelder
760-776-7219
Eisenhower HS
New Classrooms
Demo ition, Earthwork,
AC Paving
August 2025
$1,736,000
Rudy Mendoza
760-410-4030

INFORMATION REQUIRED OF BIDDERS

City of Beaumont
Request for bid

BEAUMONT
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
Mill Creek Street
Fxpansion
Earthwork, AC Paving,
Stormrrain
Sept 2021 -
un pp 3
$2,342,031
Colin Zavrsnic
949-428-1400
Contreras HS
S ope and Fieic
Earthwork/ an t
Soils Cement
-
June 2023
$1,717,936
Danie Rarog
818-482-9487
Oak Park Cemetery
Expansion
Earthwork, AC Pave
Landscape. Concrete
Feb 2022 -
Jan 2023
$1,135,811
Michael Lee
909-594-9702 x 321
West Covina HS
blew Parkin Lot
Earthwork, AC Paving,
Concrete FIg trirni
June 2023 -
Nnv 202'
$2,135,856
Jose Gomez
626-939-4600 x 160
SadcIeback�5
Stadium
formwork and
Paving
April 2022 -
May 2023
$1,209,000
Zach Darwin
818-@98-1521
Ray Contreras
714-408-3800
Dulin Hills Erosion
Repair
Earthwork, Irrigation,
SWPPP. Hydroseed
Oct 2022 -
May 2023
$1,929,970
Menifee ES 15
New School
Earthwork and
Paving
Jan 2023 -
Nov 2024
$2,470,324
Vince Holguin
626-807-8918
Chaffey District
Wide f;nncrete
Jemollition and
Tarthwork for Cnncr i
June 2024 -
Sept 2024
$1,904,192
Ryan Nlson
951-203-2231
Little Morongo
Fmergency Repair
Earthwork
Dec 2023 -
Jan 2024
$421,427
Nat -Ian Elfring
714-742-2474
Scholl Canyon
Storm Syste
Earthwork
T1
Jan 2022 -
Dec 2023 -
Aug 2024
$1,269,752
Sept 2022 818-262-2276
$919°970
Jo veiny Leon
Ruben Mero
909-947-3768 x 22
Landfill
antiago HS
New Classroom
Demolition and
arthwork
Lower Parking
New Parking Lot
Earthwork, AL Paving,
Concrete
Dec 2023
$353,000
Octavio Nava
323-213-0887
Portota HS
Expansion
Earthwork
Mar 2024 -
Sept 2024
$705,033
John Erickson
08-8g8-1521
mar Uribe
951-751-2708
Merrill Ave Storm
Earthwork
July 2022
$305,952
Mr
ill Creek South
Stormdrain
Earthwork
April 2022 -
May 2022
$445,632
..ustin
714-719-0327
Santa Monica
Beach Club
Earthwork
March 2022 -
Oct 2023
$606,075
Brett Kennedy
714-434-4887 x 12q

INFORMATION REQUIRED OF BIDDERS
27

CIP R-12
Second Street Extension Project
5 l/N
City of Beaumont CIP R-12
Request for bid sMONT Second Street Extension Project
BEAD. 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:

Courtney Statham, Project Managment - 50%
Madeleine McKenna, Project Management - 90%
Tim McKenna, Superintendent/Operations Manager - 75%
Kyle Joseph, Foreman - 100%

2. Summarize each person's specialized education:

Courtney Statham - Bachelors Degree in Business Administration Madeleine McKenna - Associates Degree in Business Administration Timothy McKenna - Bachelors Degree in Business Administration Kyle Joseph - 20+ Years in Operating Engineers Union - Graduated Apprenticeship

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

Courtney Statham - 20+ years
Madeleine McKenna - 3 Years
Timothy McKenna - 30+ Years
Kyle Joseph - 20+ years

4. Summarize such experience:

Courtney Statham - Project Management and Executive for Heavy Civil Engineering Companies Madeleine McKenna - Project managment for Heavy Civil Engineering Timothy McKenna - Experience managing Heavy civil project $30+ Mil Kyle Joseph - Running heavy civil projects as a foreman 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:
l 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
MDB General Engineering_ Inc.

Courtney Statham, President
December 9, 2024

INFORMATION REQUIRED OF BIDDERS
29

City of Beaumont
Request for bid

BEAUMONT
CIP R-12
Second Street Extension Project

NON -COLLUSION AFFIDAVIT

SECOND STREET EXTENSION PROJECT
I, Courtney Statham , being first duly sworn, deposes and says that he is of MDB General Engineering, Inc. 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 MDB General Engineering, Inc.
c r!
Signature \
Name and Title Courtney Statham, President
Dated December 9, 2024

NON -COLLUSION AFFIDAVIT
30

City of Beaumont
Request for bid
BEAUM0NT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
CIP R-12
Second Street Extension Project
BOND NO.: RCB0052236

PREMIUM INCLUDED IN

PERFORMANCE BOND
WHEREAS, the City of Beaumont (hereinafter designated as the "City"), by action taken or a resolution passed , 20_ has awarded to MDBGENERALENGINEERING,INC. hereinafter designated as the "Principal," a contract for the work described as follows:

SECOND STREET EXTENSION
- - - - (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 CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City in the penal sum of Th 2s HU a oti o Dollars ($ 3,799,709.02 ) 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

BEAUMQNT
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.

ONE 1
IN WITNESS WHEREOF, 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 16TH day of JANUARY 2025 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)
(Seal of Surety)

MDB GENERAL ENGINEERING, INC
Prinniipnnnl (Prnnerty Nnm(enf (rnntrnctnr)
By()l$Lk \�Q
(Signature of Contractor)

CONTRACTORS BONDING AND INSURANCE COMPANY
Surety, -
By
SANDRA FIGUEROA,Attorne 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

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 January 16, 2025 before me, MICHELE KIRSTEN GIESING, NOTARY PUBLIC , Date
Here Insert Name rind Title of the Officer
personally appeared SANDRA FIGUEROA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s}whose name($is/efe-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #rislher/their authorized capacity(i+es), and that by- risther/tiiek signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

MICHELE KIRSTEN GIESING
Notary Public - California i
San Diego County
Commission # 2434345
r .4L;,a,,"'- My Comm. Expires Jan 15, 2027
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
Signatur& f Notary Public
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(les) Claimed by Signer(s)
Signer's Name:. SANDRA FIGUEROA
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual iN Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:

Signer is Representing:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
o Trustee o Guardian of Conservator
❑ Other:

Signer Is Representing:
'F-;F•.E�I-I?=•F:.L-S=:*"Z=`i.3.L I".-:F.Tiai'F sa_',.:' 'iNf�;?'�IHi��F 3�I=sI�#:?i L.._1tV.rE_r,. Z.... JS.-• ._a Si ... ."�.e.�;: ����;I�3ei2�_r•,L??a:a:sF:`i.=:c:<�.:
©2017 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 Fisrueroa. Michele Kirsten Giesing. iointly or severally in the City of Escondido , State of California its true and lawful Agent(s) and Attorney(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 Attomey 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 Sr. Vice President with its corporate seal affixed this 8th day of January , 2025
State of Illinois
County of Peoria
I SS
OA�,1 . AND INS` ,
at• SEAL ,'
yOJ• •S2
u„q,,
,,``QMICEC`'a
a
. GoRPORgrF•. 1
SEAL
.

On this 8th day of January , _21:15_, 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 acknowledged said instrument to be the voluntary act and deed of said corporation.

By:

Ji11 A. Scott

JILL A SCOTT
Notary Public
1A State of Ohio
My Comm. Expires
September 22, 2025
Notary Public
RLI Insurance Company
Contractors Bonding and Inju anee 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 Company and/or Contractors Bonding and Insurance Company this 16TH day of JANUARY , 2025 .

RLI Insurance Company
Contractors Bonding and Insurance Company
By:

Jeffrey i )illif‘u.°
D3;c*.

Corporate Secretary
0456693020212

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 D (1f ge
On
C} I r2.d25
Date
Personally appeared
before me, Pna PrfrlUG I-Ior6S, Nott'!j j.Iiiic
Here Insert Name and Title of the Officer
Co u rTe q Srurh ur»
Name(1) of Signer(i)
who proved to me on the basis of satisfactory evidence to be the person(4) whose name(d) is/ark subscribed to the within instrument and acknowledged to me that be/she/thaty executed the same in has/her/the6irauthorized capacity(ics), and that by his/her/their signature(S) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

ANA PATRICIA FLORES
▪ Notary Public - California
Orange County
f Commission # 2454204
• My Comm. Expires Jul 21, 2027
Place Notary Seal Above
I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Ana �� 'u �r� .005141702 --
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
O Corporate Officer—Title(s)
El Partner ❑ Limited D General
Q Individual Q Attorney in Fact
O Trustee D Guardian or Conservator
0 Other
Signer Is Representing
Signer's Name
Corporate Officer—Title(s)
0 Partner 171 Limited nGeneral
fl Individual ❑ Attorney in Fact
flTrustee ❑ Guardian or Conservator
Other
Signer Is Representing
©2014 National NotaryAssociation • www.NationalNotary.org • 1-800-USNOTARY(1-800-876-6827) Item#5907

City of Beaumont
Request for bid

BEAUMONT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

CIP R-12
Second Street Extension Project
BOND NO: RCB0052236
PREMIUM: $33,568.00

PREMIUM IS FOR CONTRACT TERM

AND IS SUBJECT TO ADJUSTMENT

BASED ON FINAL CONTRACT PRICE
THAT WHEREAS, CITY OF BEAUMONT (hereinafter referred to as "City") has awarded to MDB GENERAL ENGINEERING, INC., (hereinafter referred to as the "Contractor") an agreement for SECOND ST. EXTENSION
(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, MDB GENERAL ENGINEERING, INC., the undersigned Contractor and CONTRACTORS BONDING AND INSURANCE COMPANY 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 THREE MILLION SEVEN HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED NINE AND 02/100 DOLLARS, ($ 3,799,709.02 ), 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 Of JANUARY , 2025 .

MDB GENERAL ENGINEERING, INC.
16TH day

CONTRACTOR/PRINCIPAL
SURETY: Y: CONTRACTORS BONDING AND INSURANCE COMPANY
By:

SANDRA FIGUEROA, Attorn
- n -Fact
The rate of premium on this bond is $14.401$8.70 1$6.90 per thousand. The total amount' of premium charges, $ 33,568.00
(The above must be filled in by corporate attorney.) PREMIUMISFOR CONTRACT TERM • AND IS SUBJECT TO ADJUSTMENT

BASED ON FINAL CONTRACT PRICE

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) CONTRACTORS BONDING AND INSURANCE COMPANY P.O. BOX 3967
PEORIA, IL 61612
(Name and Address of Agent or MALONEY AND ASSOCIATES
Representative for service of
process in California, if different 435 WEST GRAND AVENUE from above)
ESCONDIDO, CA 92025
(Telephone number of Surety and 949/341-9169 (SURETY) 760/738-2610 (AGENT) 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 • for said state, personally
appeared nown to me to be the person
whose name is subscribed to the within instrume . as the Attorney -In -Fact of the (Surety) acknowledged to me that he ubscribed the name of the
(Sure the to and his own name as Attorney -In -
Fact.

Notary Public in and for said State
(SEAL)
Commission pires:

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

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 January 16, 2025 before me, MICHELE KIRSTEN GIESING, NOTARY PUBLIC Date Here Insert Nome rind Title of the Officer
personally appeared SANDRA FIGUEROA
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person((}whose name(s).is/efe-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in l e/her/their authorized capacity(es), and that by+ris/her/their signature(,) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument.

MICHELE KIRSTEN GIESING
Notary Public • California
San Diego County
/ Commission k 2434345
My Comm, Expires Jan 15. 2027
Place Notary Sea! 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 tary Public
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(les) Claimed by Signer(s)
Signer's Name:. SANDRA FIGUEROA
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
in Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
In Other:

Signer is Representing:

Signer's Name:
❑ Corporate Officer — Tltle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:

Signer is Representing:
©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 A11 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 Figueroa. Michele Kirsten Giesine. jointly or severally in the City of Escondido , State of Califomia 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 Sr. Vice President with its corporate seal affixed this 8th day of January , 2O25 .

State of Illinois
County of Peoria
I SS
,e,J'aaNCECO,� f; ,
(If ooPPOR4re.
:SEAL.
fir,,,, O15,,,`,x.

On this 8th day of January , 2025 , 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 acknowledged said instrument to be the voluntary act and deed of said corporation.

By:

Jill A. Scott /

JILL A SCOTT
Notary Public
In State of Ohlo
My Comm. Expires
September 22, 2025
Notary Public
RLI Insurance Company
Contractors Bonding and Ins 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 Compan and/or Contractors Bonding and Insurance Company this 16TH day of JANUARY , 2025 .

RLI Insurance Company
Contractors Bonding and Insurance Company
By:

Jetirey tXFiok
Corporate Secretary
0456693020212

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 gran g e
On D1 j 1 l /2I 2.5 before me, Yl Q P 111'1(1 G pIDref , AI0tarzi Gib it iC Date Here Insert Name and Title of the Offi er
Personally appeared
)
( ()Ur y cratYa bP)
Name(?) of Signer(yf
who proved to me on the basis of satisfactory evidence to be the person(y) whose name() is/art subscribed to the within instrument and acknowledged to me that h6/she/they executed the same in,4 is/her/thefrauthorized capacity(ie), arid that by hia/her/theirsignature(s) on the instrumentthe person(0), or the entity upon behalf of which the person() acted, executed the instrument.

ANA PATRICIA FLORES
Notary Public • California a Orange County
Commission t« 2454204
My Comm, Expires Jul 21, 2027
Place Notary Seal Above
I certify under PENALTY OF PERJURY underthe 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 Public
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
O Corporate Officer—Title(s)
O Partner ID Limited O General
O Individual Attorney in Fact
O Trustee El Guardian or Conservator
O Other
Signer Is Representing
Signer's Name
O Corporate Officer—Title(s)
▪ Partner ❑ Limited CI General
▪ Individual fl Attorney in Fact
❑ Trustee OGuardian orConservator
El Other
Signer Is Representing
r„rsn.,mme,r �r r r.,mo- maaF.er...m6,Ft.grre 5-e- yr tmeasr r ek.eg ©2014National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item#5907

CITY OF BEAUMONT
C24-169

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "C"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(Insert behind this page.)
17

ACGR®® CERTIFICATE OF LIABILITY INSURANCE
�..---

DATE(MMIDDIYYYY)
01/16/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER
Newfront Insurance Services, LLC
450 Sansome Street
Suite 300
San Francisco CA 94111
CONTACT Certificate Department
AME: P
PHONE (415) 754-3635 FAX
l�t� NoFaU: —I C.-NoJ:

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIL #
INSURER A: AIX Specialty Insurance Company
12833

INSURED
MDB General Engineering, Inc.
22601 La Palma Ave Ste 103
Yorba Linda CA 92887
INSURER a : Nationwide Mutual Insurance Company
23787
INSURER c : State Compensation Insurance Fund
35076
INSURER 0 :

INSURER E :

INSURER F:

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

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

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

INSR
LTR

TYPE OF INSURANCE
ADDL
INED
SUBR
WVD

POLICY NUMBER

POLICY EFF

IMM/DD/YYYY)

POLICY EXP

IMM/ODNYYYI
LIMITS
X

COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR
PREMISES I a occurrence)
$ 100,000
MED EXP (Any one person)
$ EXCLUDED
A
X
X
L13 J420940 01
06/02/2024
06/02/2025
PERSONAL aADV INJURY
$ 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:

GENERAL AGGREGATE
$ 2,000,000
POLICY
X
JECT
LOC

PRODUCTS-COMP/OPAGG
$ 2.000,000
OTHER:
$

AUTOMOBILE LIABILITY

COMBINED SINGLE LIMIT
(Ea accident)
$ 1.000,000
X

ANY AUTO
BODILY INJURY (Per person)
$
B
OWNED

AUTOS ONLY

SCHEDULED
AUTOS
X
X
ACP BA 023059454597
08/16/2024
08/16/2025
BODILY INJURY (Per accident)
S
HIRED

AUTOS ONLY
J

NON -OWNED

AUTOS ONLY

PROPERTY DAMAGE
(Per accident)
$
$

UMBRELLALUAB
X
OCCUR

EACH OCCURRENCE
$ 5,000,000
A
X

EXCESS LIAB

CLAIMS -MADE
L13 J420942-01
06/02/2024
06/02/2025

AGGREGATE
$ 5,000,000
OED RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

X PERTUTE OETH-

ECUTIVE
Y / N
NIA
X
9303723-24
08/14/2024
E.L. EACH ACCIDENT
$ 1,000,000
C
OFFICERIMEMBER XCLU ED7
(Mandatory In NH)
08/14/2025
E.L. DISEASE - EA EMPLOYEE4$
1,000,000
$ 1,000,000
If yes, describe Under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CIP R-12 Second Street Extension Project.

The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are named as Additional Insured to the General Liability per attached CG 20 10 12 19 and CG 20 37 12 19 endorsements. Primary and noncontributory coverage applies to General Liability per attached CG 20 01 04 13 endorsement. Waiver of subrogation applies with respect to General Liability and Worker's Compensation per attached CG 24 04 12 19 & 10217 (REV.4-2018) endorsements. Wrap -Up Exclusion applies per attached CG 21 54 12 19 endorsement. Per Project general aggregate limit applies per attached 801-0004 06 13 endorsement. Additional Insured and Waiver of Subrogation applies to Auto Liability per attached NCA 70 04 01 18 endorsement. All endorsements are per written contract.

CERTIFICATE HOLDER

CANCELLATION
The City of Beaumont
550 E. 6th Street
Beamont
CA 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: L13 J420940 01 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

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

Any person or organization for whom you are performing operations or for whom you have performed work, when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization, provided such written contract or agreement has been executed prior to the occurrence of any loss.

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

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

CG 24 04 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 1

Policy Number: L13 J420940 01

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 04 13
© Insurance Services Office, Inc., 2012

Policy Number: L13 J420940 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT)

SUBJECT TO THE MAXIMUM POLICY AGGREGATE LIMIT EXCEPT FOR

DAMAGES INCLUDED IN THE PRODUCTS COMPLETED OPERATIONS
HAZARD
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Maximum Policy Aggregate Limit: $ 5,000,000
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
Subject to the Maximum Policy Aggregate Limit shown
in the Schedule above, the General Aggregate Limit
under SECTION III - LIMITS OF INSURANCE applies
separately to each of your projects away from premises
owned by or rented to you. The Maximum Policy
Aggregate Limit shown in the Schedule above is the
most we will pay for the sum of:
a. Medical expenses Under Coverage C;
b. Damages under Coverage A, except damages
because of "Bodily Injury" or "Property Damage"
included in the "Products -Completed Operations
Hazard"; and
c. Damages under Coverage B regardless of the
number of your projects.

The Maximum Policy Aggregate Limit shown above is
also subject to Paragraph 1. of SECTION III - LIMITS
OF INSURANCE.

ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 801-0004 06 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission

POLICY NUMBER: L13 J420940 01

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location s) Of Covered Operations
Any person or organization for whom you are
performing operations, when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization shall be
added as an additional insured on your policy, provided the written contract or agreement is executed prior to the occurrence of any loss.

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

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

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

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

CG 20 10 12 19
© Insurance Services Office, Inc., 2018

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

© Insurance Services Office, Inc., 2018

CG 20 10 12 19

POLICY NUMBER: L13 J420940 01 COMMERCIAL GENERAL LIABILITY CG 21 54 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - DESIGNATED OPERATIONS COVERED BY

A CONTROLLED (WRAP-UP) INSURANCE PROGRAM
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Description And Location(s) Of Operation(s):

Any project and its respective location covered by a controlled insurance program and in which the insured is enrolled in the program
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. The following exclusion is added to Paragraph 2.

Exclusions of Section I — Coverage A — Bodily
Injury And Property Damage Liability:

This insurance does not apply to "bodily injury" or
"property damage":

1. Arising out of your ongoing operations; or

2. Included in the "products -completed operations
hazard";
at the location(s) described in the Schedule of this
endorsement, but only if you are enrolled in a
"controlled (wrap-up) insurance program" with
respect to the "bodily injury" or "property damage"
described in Paragraphs A.1. and A.2. above at
such location(s).

This exclusion applies whether or not the
"controlled (wrap-up) insurance program":
a. Provides coverage identical to that provided
by this Coverage Part;
b. Has limits adequate to cover all claims; or
c. Remains in effect.

B. The following definition is added to the Definitions section:
"Controlled (wrap-up) insurance program" means
a centralized insurance program under which one
party has secured either insurance or self-
insurance covering some or all of the contractors
or subcontractors performing work on one or more
specific project(s).

CG 21 5412 19
© Insurance Services Office, Inc., 2018

POLICY NUMBER: L13 J420940 01 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization s)
Location And Description Of Completed Operations
Any person or organization for whom you have
performed work, when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization shall be
added as an additional insured on your policy, provided the written contract or agreement is executed prior to
the occurrence of any loss.

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

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19
© Insurance Services Office, Inc., 2018

ENDORSEMENT AGREEMENT
STATE

COM P F N SATI ON

INSURANCE
FUND

HOME OFFICE

SAN FRANCISCO

WAIVER OF SUBROGATION

BLANKET BASIS
EFFECTIVE AUGUST 14, 2024 AT 12.01 A.M.

AND EXPIRING AUGUST 14, 2025 AT 12.01 A.M.

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
MDB, INC.
19 HAMMOND STE 512
IRVINE, CA 92618

WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE

2.OO% OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION
REP D1
9303723-24

RENEWAL
NA
9-16-05-76
PAGE 1 OF 1

NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND

ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2572 AUTHORIZED REPRESENT
SCIF FORM 10217 IREV.4.2018i
AUGUST 19, 2024
NE Page 1340 of 1595
!/tit --ors^

PRESIDENT AND CEO
OLD DP 217

Policy Number: ACP BA 3049454597 COMMERCIAL AUTO
NCA70040118
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO PROTECTION - PLUS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Temporary Substitute Autos — Physical Damage Coverage C. Employees as Insureds — Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Prejudgment Interest Coverage
F. Personal Effects and Property of Others Extension
G. Expanded Towing Coverage
H. Expanded Transortation Expense
I. Extra Expense — Stolen Autos
J. Emergency Lockout
K. Transfer Of Rights Of Recovery Against Others To Us
L. Section IV — Business Auto Conditions - Notice of Knowledge of Occurrence NCA 70 04 01 18
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3

NCA 70 04 01 18
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified by
the provisions of this endorsement. If there is any
conflict between the provisions of this endorsement
and the provision(s) of any state -specific
endorsement also attached to this policy, then the
provision(s) of the state -specific endorsement shall
apply instead of the provisions of this endorsement
that are in conflict, but only to the extent of the
conflict, and only to the extent necessary to bring
such provisions into conformance with the state
requirement(s) contained in the provision(s) of the
state -specific endorsement.

B. TEMPORARY SUBSTITUTE AUTOS -

PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of the — COVERED AUTOS
SECTION:

If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "autos" for Physical
Damage Coverage:

Any "auto" you do not own while used with the
permission of its owner as a temporary
substitute for a covered "auto" you own that is
out of service because of its:
a.
b.
c.
d.
e.

Breakdown;
Repair;
Servicing;
"Loss"; or
Destruction
The coverage that applies is the same as the
coverage provided for the vehicle being
replaced.

C. EMPLOYEES AS INSUREDS - NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
d. Any "employee" of yours is an "insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal
affairs.

D. ADDITIONAL INSURED BY CONTRACT,

PERMIT OR AGREEMENT
The following is added to A.1. Who Is An Insured
of SECTION II - COVERED AUTOS LIABILITY
COVERAGE:

Any person or organization that you are required to
name as an additional insured in a written contract
or agreement that is executed or signed by you
prior to a "bodily injury" or "property damage"
occurrence is an "insured" for Covered Autos
Liability Coverage. However, with respect to
covered "autos", such person or organization is an
insured only to the extent that person or
organization qualifies as an "insured" under A.1.

Who is an Insured of SECTION II - COVERED
AUTOS LIABILITY COVERAGE.

If specifically required by the written contract or
agreement referenced in the paragraph above, any
coverage provided by this endorsement to an
additional insured shall be primary and any other
valid and collectible insurance available to the
additional insured shall be non-contributory with
this insurance. If the written contract does not
require this coverage to be primary and the
additional insured's coverage to be non-
contributory, then this insurance will be excess
over any other valid and collectible insurance
available to the additional insured.

E. PREJUDGMENT INTEREST COVERAGE
The following paragraph is added to SECTION II -

COVERED AUTOS LIABILITY COVERAGE,
Supplementary Payments under item:
(7) Prejudgment interest awarded against the
"insured" on that part of the judgment we pay.

If we make an offer to pay the applicable limit
of insurance, we will not pay any
prejudgment interest based on that period of
time after the offer.

F. PERSONAL EFFECTS AND PROPERTY OF

OTHERS EXTENSION

1. The. Care, Custody or Control Exclusion of the

SECTION II - COVERED AUTOS LIABILITY
COVERAGE, does not apply to "property
damage" to property, other than your property,
up to an amount not exceeding $250 in any
one "accident". Coverage is excess over any
other valid and collectible insurance.

2. The following paragraph is added to. Coverage
Extensions of SECTION III - PHYSICAL
DAMAGE COVERAGE:
c. We will pay up to $500 for your property
that is lost or damaged as a result of a
covered "loss", without applying a
deductible. Coverage is excess over any
other valid and collectible insurance.

G. EXPANDED TOWING COVERAGE
1 We will pay up to:
a. $100 for a covered "auto" you own of the
private passenger type; or
b. $250 for a covered "auto" you own that is
not of the private passenger type,
for towing and labor costs incurred each time
the covered "auto" is disabled. However, the

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

NCA 70 04 01 18

NCA 70 04 01 18
labor must be performed at the place of
disablement.

2. This coverage applies only for an "auto"
covered on this policy for Comprehensive or
Specified Causes of Loss Coverage and
Collision Coverages.

3. Payment applies in addition to the otherwise
applicable amount of each coverage you have
on a covered "auto".

H. EXPANDED TRANSPORTATION EXPENSE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE SECTION is replaced by
the following:

We will pay up to $50 per day to a maximum of
$1000 for temporary transportation expense
incurred by you because of the total theft of a
covered "auto" of the private passenger type. We
will only pay for those covered "autos" for which
you carry Comprehensive or Specified Causes of
Loss Coverage. We will pay for temporary
transportation expenses incurred during the period
beginning 48 hours after the theft and ending,
regardless of the policy's expiration, when the
covered "auto" is returned to use or we pay for its
"loss"
I. EXTRA EXPENSE - STOLEN AUTOS
The following paragraph is added to Coverage
Extensions. of SECTION III - PHYSICAL
DAMAGE COVERAGE:
c. We will pay for up to $5,000 for the expense of
returning a stolen covered "auto" to you. We
will pay only for those covered "autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage
J. EMERGENCY LOCKOUT — PRIVATE

PASSENGER VEHICLES
We will reimburse you up to $75 for reasonable
expense incurred for the services of a locksmith to
gain entry into your covered "auto" of the private
passenger type subject to these provisions:

1. Your door key or key entry pad has been lost,
stolen or locked in your covered "auto" and you
are unable to enter such "auto" ; or

2. Your key or key entry pad has been lost or
stolen and you have changed the lock to
prevent an unauthorized entry; and

3. Original copies of receipts for services of a
locksmith must be provided before
reimbursement is payable.

K. TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
The following is added to the Transfer Of Rights Of
Recovery Against Others To Us Condition:

We waive any right of recovery we may have
against any person or organization to the
extent required of you by a written contract
executed prior to any "accident" because of
payments we make for damages under this
coverage form.

L. NOTICE OF AND KNOWLEDGE OF

OCCURRENCE

SECTION IV - BUSINESS AUTO CONDITIONS,
Paragraph A is amended as follows:

6. NOTICE OF AND KNOWLEDGE OF

OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to notification requirements
applies only when the "accident" or "loss"
is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident,d Claim, Suit or Loss Condition
relative to providing us with documents
concerning a claim or "suit" will not be
considered breached unless the breach
occurs after such claim or "suit" is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.

All terms and conditions of this policy apply unless modified by this endorsement.

NCA 70 04 01 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

BEAUMONTA -- C A L I F Q R N I -
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision from the business/board or applicant.

The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.

Current Beaumont City Council Members are listed at:
htt3s:// www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action? YES If yes, please identify the Council Member(s):

X NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application?
YES If yes, please identify the Council Member(s):

X NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
01/15/2025
Date
Signature of authorized individual
MDB General Engineering, Inc.

Madeleine McKenna
Company/Applicant Name
City of Beaumont 1550 E. 6th Street, Beaumont, CA 92223 I (951) 769-8520 I BeaumontCA.gov

BAUME ONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
Vincent Lopez, Project Manager
DATE: March 4, 2025
SUBJECT: Amendment to Contract with the Chambers Group
Description Approve a requested amendment to the existing contract with the Chamber Group to add scope and fee for data modeling.

Background and Analysis:

CIP R-07 Cherry Channel Drainage Project is proposing to line the existing channel with concrete to improve the channel flow conditions and to alleviate the increasing level of maintenance by City staff. The existing channel is lined with a turf reinforced geo-mat along the side slope and channel bottom. The channel is maintained under an agreement with Cal Fire for weed abatement/vegetation control twice a year, in spring and late summer.

The Channel geo-mats have been affected by urban runoff flows, with sections torn or missing over the years. The proposed Project would remove the existing geo-mat lining, wingwall, and riprap within the channel and be replaced with concrete along the slopes and channel bottom. The existing headwalls and culverts will remain and be protected in place. The proposed Project would result in reduced maintenance costs and improved flow of runoff to the channel.

On June 4, 2024, the City Council awarded a Professional Services Agreement (PSA) to the Chambers Group for environmental consulting services in the amount of $164,566. The environmental scope of work includes the preparation of the Project Initial Study/Mitigated Negative Declaration (IS/MND) and associated studies required by the CEQA process. Refer to Attachment A for PSA.

The existing scope of work also requires the Chambers Group to prepare and submit the City's regulatory permit applications to the Regional Water Quality Control Board (401 Permit), U.S. Army Corps of Engineers (404 Permit), and California Department of Fish and Wildlife (1602 Permit/Streambed Alteration Agreement). Upon initial discussion with the U.S Army Corps of Engineers (USACE), it was undetermined if the Cherry

Channel is tributary to the Waters of the United States (WOTUS) and within USACE jurisdiction. To rule out this possibility and the need to obtain such permit, the City will need the Chambers Group to conduct field surveys and enter this information into USACE's Streamflow Duration Assessment Model (SDAM).

On January 7, 2025, the Chambers Group submitted a proposal to perform these field surveys and run the recommended modeling for an amount of $9,600. City Staff is recommending that the City Council approve a contract amendment of $9,600; thereby increasing the Chambers Group contract to $174,166.

It is important to note that the modeling process will add nominal cost and duration to the environmental process as it is not part of the current scope of work. If the modeling results determine that regulatory permitting is not needed, the City will still need to apply for a discharge permit. However, if the modeling results determine that regulatory permits are needed, there will be additional permit costs and the need to purchase mitigation credits for the proposed permanent impacts (concrete lining).

Future Mitigation Note:

Based on the size of the Channel, the City will need to purchase, at least, four (4) mitigation credits as the permanent impacts are over three acres. Currently, there is only one mitigation bank that offers credits that suffices the RWQCB, USACE, and California Department of Fish and Wildlife (CDFW) — Riverpark Mitigation Bank (Riverpark).

However, Riverpark currently does not have available credit until next year. Like another City capital project, the City was forced to purchase mitigation credits from two separate banks to satisfy these requirements. In total, one mitigation credit was purchased from each bank for a transaction of $250,000 ($50,000 for Land Veritas and $200,000 for Barry Jones Skunk Hollow).

The fact that the City will need to purchase four credits from each bank will result in an estimated transaction of $1 million of credits for permanent impacts from the Cherry Channel.

Fiscal Impact:

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

The Chambers Group's cost to conduct the data modeling is $9,600 and will be paid from the Project budget.

The following is a summary of the project accounting:

CIP R-07 Cherry Channel Drainage (Lining) Project Funding Summary Estimated Project Cost= $750,000
General Fund,
$750,000,100%
CIP R-07 Cherry Channel Drainage (Lining) Project Budget Summary Project
Corn•onent
Budget Encumbered Paid to Date Remaining
Bud • et
Project Management
Preliminary Services
$7,930 $(7,930) $(7,930)
Design
Permit .r $22,0701
Right -of -Way
Crstruction
Construction Management
r $(174,566) $(122,814)
$100,000 $(74,598) $(22,001) $25,402
Mr $22,0
• $445,000
$445,000
Equipment
r
Total
$750,000
$(257,094)
$(152,745)
$492,906,
Recommended Action:

Approve the requested amendment to the existing contract with the Chambers Group to add the provision of data modeling, and appropriate additional funding in the amount of $9,600.

Attachments:

A. Professional Services Agreement (PSA) — The Chambers Group B. Proposal — The Chambers Group

City of Beaumont Agreement #
C24-56

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 4th day of June 2024, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and The Chambers Group, a Limited Liability Corporation, whose address is 3151 Airport Avenue, Suite F208, Costa Mesa, CA 92626 ("CONTRACTOR").

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

A. CITY desires to engage CONTRACTOR to provide professional environmental consulting services for the preparation and submission of the Draft and Final Environmental Document, jurisdictional delineation, and applications for regulatory permitting; and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with,,the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

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

1. Term of A2reement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year(s) unless extended by the parties with the approval of the City Council of the CITY.

2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Professional Environmental Consulting Services per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.

CONTRACTOR designates Mike McEntee as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
1

City of Beaumont Agreement #
C24-56

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed One Hundred Sixty -Four Thousand, Five Hundred Sixty -Six Dollars and 00/100 ($164,566.00).

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

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

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

5. Obligations of CONTRACTOR.

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

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR 2

City of Beaumont Agreement #
C24-56
shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

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

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

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

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

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

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

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

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

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health 3

City of Beaumont Agreement #
C24-56
and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal - OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance:

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

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

If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

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

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

7. General Conditions pertaining to Insurance Coverage

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

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

7.03. All required policies shall be issued by a highly rated insurer with a minimum 4

City of Beaumont Agreement #
C24-56
A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

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

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

7.05 A11 coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.

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

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.

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

CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the negligent performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee 5

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

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

9. Additional Services, Changes and Deletions.

9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.

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

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

10. Termination of Agreement.

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

10.02 In the event of termination, the payment of monies due CONTRACTOR for 6

City of Beaumont Agreement #
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undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.

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

11. Status of CONTRACTOR.

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

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

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

12. Ownership of Documents: Audit.

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

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
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City of Beaumont Agreement #
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12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY' s agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

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

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

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

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

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

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.

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

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does 8

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exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

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

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect. 9

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

CITY:

CONTRACTOR:

CITY OF BEAUMONT THE CHAMBERS GROUP
By: By:

David Fenn, ayor
ATTEST:

Wheelwright, Dep ity Clerk
APPROVED AS TO FORM:

Pinkney, ty Attorney
10 Mike McEntee
Print Name:

Title: President

City of Beaumont Agreement #
C24-56
EXHIBIT "A"

INVITATION FOR BIDS
(insert behind this page)

BEAUMONT
-CALIFORNIA-
Request for Proposal
For
Professional Environmental Consulting Services
For
Cherry Channel Drainage Project
Website:
www.ci.beaumontca.gov
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
Proposals Due By:
3:00 pm
March 7, 2024
Contact:

Vincent Lopez
Project Manager - Capital Projects
beaumontca.ao
RFP Available:
www.puulicpurchase.com or
https://www.beaumontca.gov/949/Bids-and-RFPs
1

Introduction
The CITY of Beaumont (CITY) is seeking proposals from qualified firms (Consultant) interested in providing Professional Environmental Consulting Services for the Cherry Channel Drainage Project located adjacent to Cherry Avenue between Cougar Way and Oak Valley Parkway in Beaumont, CA. The requested professional environmental services shall focus on the lining of the Cherry Avenue Channel.

All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Consultant shall also have the resources to provide cost effective and timely services, including providing customer service to the CITY.

Qualified firms that submit a proposal will be evaluated in accordance with the requirements defined within this RFP. Upon successful negotiations with the CITY, the selected firm will provide professional environmental services for the Cherry Avenue Channel Lining Project as described in the scope of this RFP.

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

The CITY interacts with other government agencies, including but not limited to the California Department of Transportation, the County of Riverside, RCTC, and the Santa Ana Regional Water Quality Control Board.

Background
The CITY is in the process of preparing plans to concrete line an existing trapezoidal earthen channel along Cherry Avenue. The existing channel is lined with a turf reinforced geo-mat along the side slope and channel bottom. The existing geo-mat is in poor condition with many sections torn or missing. The channel is adversely affected by urban runoff. The constant supply of nutrient -rich runoff has increased the City's maintenance cost and efforts. The CITY is seeking to alleviate this increased cost and efforts by lining the channel with concrete. The channel's alignments and grades will be maintained as well as all existing junction structures for the channel.

Scope of Services
The Scope of Services for the Cherry Channel Drainage Project is attached as Exhibit A. 2

Additional Responsibilities
The Consultant shall be responsible for completing the specified services in accordance with the CITY's Professional Services Agreement by Independent Contractor, a sample of which is attached (Exhibit B).
i erm
The term of the agreement shall be determined upon need of services and consistent with the City's policies. The initial period of the contract is for the duration of the project or three years, with two one-year extensions as approved by City Council, subject to agreement terms and the Beaumont Municipal Code.

Proposal Requirements
Proposals shall clearly address all the information requested and describe the methodology to be used to accomplish each of the project tasks. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The CITY relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of services. The CITY will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP.

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

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

B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished.

Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information 3

is required. Any participating firms and proposed sub -consultants shall be identified and included in the proposal (all sub -consultants must be approved by CITY prior to signing the agreement with CITY).

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

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

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

F. Resume of the Lead Consultant.

G. Key Personnel: Provide a summary description of the key personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects. The proposal must name a project manager. In addition to this summary, full resumes should be provided.

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

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

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

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

L. The firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance naming the CITY of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at time of contract execution. 4

Submittal
Four (4) bound copies, one (1) unbound copy and one (1) color digital PDF copy of the proposal must be submitted no later than 3:OOpm, Thursday, March 7, 2024. The cost proposal shall be submitted in a separate sealed envelope to the following location:

Beaumont Civic Center
550 E. Sixth Street
Beaumont, CA 92223
Postmarks and faxes are not acceptable. Proposal must be titled "RFP for Professional Environmental Services for Cherry Channel Drainage Project." Request for Clarifications (RFCs) or questions regarding this RFP shall be directed in writing to:

Vincent Lopez
Project Manager
vlopez@ beaumontca.g o"
No RFC or questions will be accepted after 11:00 a.m. on February 23, 2024. All RFC responses will be posted on PublicPurchase.com by March 1, 2024.

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

All costs associated with the preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 20 pages single spaced (not including resumes or addenda), using a minimum 12 -point font size.

Event
Date
RFP Issued
February 12, 2024
Questions submitted on Public Purchase deadline
February 23, 2024 @ 11:00 a.m.

Answers to Questions on Public Purchase will be posted
March 1, 2024
Proposals Due
March 7, 2024
@ 3:00 p.m.

Interviews (if required)
March 18 — 22,
2024
Award Date (Tentatively)
April 2, 2024
Lonfidentialitj
r
Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public records and will be subject to review by the public. Any 5

language purported to render confidential all or portions of the proposals will be regarded as non -effective and will be disregarded.

Amendments to Kequest for Proposals
The CITY reserves the right to amend the RFP by addendum prior to the final proposal submittal date. Addenda will be posted on PublicPurchase.com.

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

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

Proposal Evaluation/Selection
The CITY intends to engage the most qualified consultant available that demonstrates a thorough understanding of the CITY's needs. CITY staff will use the following criteria to evaluate the proposals:

Criteria
Points
Understanding of the Scope of Services
20 Demonstrated Professional Skill and Credentials
20 Related Experience and Previous Projects
20 Approach to Performing this Type of Service
20 Familiarity with CITY and CEQA Procedures
20 Total
100
The CITY may request a qualification interview with the highest ranked consultant(s) prior to determining the final ranking. This selection will be conducted according to the CITY's adopted procedures. The CITY may select the top two firms and enter into negotiation. The CITY reserves the right to reject any and all proposals.
6

Reference Information
Links to applicable design standards can be found on the CITY's website. The following reference information has been provided specifically for this project and can be found on the public portal website together with this RFP:
• Concept Plans
Exhibits
A. Scope of Services
B. Sample Professional Services Agreement
C. Project Location Map

END OF REQUEST FOR PROPOSAL

EXHIBITS TO FOLLOW
7

EXHIBIT A
Scope of Services
The Scope of Services will be required to provide all labor, equipment, tools and furnishings necessary to perform the environmental services and compliance for lining the existing trapezoidal earthen channel along Cherry Avenue. The existing channel is lined with a turf reinforced geo-mat along the side slope and channel bottom. The existing geo-mat is in poor condition with many sections torn or missing. The channel is adversely affected by urban runoff.

The constant supply of nutrient -rich runoff has increased the CITY's maintenance cost and efforts. The CITY is seeking to alleviate this increased cost and efforts by lining the channel. The scope of services shall generally include the following tasks:

1. Project Management

2. Data Gathering and Analysis

3. Investigations
o Geotechnical Assessment

4. Environmental Services
o CEQA Compliance

5. Jurisdictional Coordination
o RCFCD & WCD
o Regulatory Agencies
The following Scope of Services is provided as a guideline and is intended to identify the CITY's expectations and requirements associated with the required Environmental Services.

Consultants may suggest modifications to the proposed Scope of Services and are encouraged to expand the scope to include additional and/or optional tasks if deemed necessary to execute and facilitate the final design of the Project. At a minimum, the following specific tasks are to be included in the proposed Scope of Services.

Detailed Scope of Services
Task 1 — Project Management
• Prepare and lead the Project kick-off meeting with the CITY to discuss and review the following:
o Project background, goals, constraints, and approach
o Project reporting/communication protocols/coordination o Project schedule
o Critical/High Priority Scope
• Provide electronic project design schedule (baseline and monthly progress updates) in searchable pdf format. At a minimum, the schedule shall include all submittals, meetings, 8

and milestones. Schedule should incorporate a minimum 3 -week period for each CITY submittal review.
• Coordinate meetings with other agencies as necessary. • Conduct and demonstrate effective quality assurance and quality control procedures. • Consultant shall notify the CITY of any out -of -scope work items and obtain CITY approval prior to proceeding, no exceptions. Consultant will not be compensated for at risk work. • Deliverables: Consultant shall submit all meeting agendas and presentations to the CITY a minimum of one (1) week prior to meetings, and all meeting minutes shall be submitted within three (3) working days following each meeting. CITY comments shall be incorporated, and final minutes published for distribution and record.

Task 2 — Data Gathering and Analysis
• Gather, review, and understand information on the CITY's previous planning and design efforts for the Project, including the detailed review of all associated reference documents. • Conduct field visits, inquiries, and investigations to acquire and review all relevant records of existing and proposed scope of work including review of record drawings, property boundaries and right-of-way, environmental and geologic information, as well as to document physical conditions, features, and constraints within the Project area. • Acquire mapping, record drawings, and relevant information (aerial, utility, topographic, geologic, environmental, etc.) from City, County, USGS, and other agency sources. • Compile base mapping and identify jurisdictional limits (e.g. city/county agencies, community districts, etc.) and requirements.
• Review the conditions of the existing channel and the best options and ways to integrate the proposed scope of work.
• Complete an independent review of all provided reference documents to either confirm the design recommendations or suggest alternatives. Alternative recommendations shall be identified and discussed early in the design. At a minimum, consultant review shall include the following:
o Potential environmental concerns
o Potential Jurisdictional requirements and permits
o Potential utility conflicts and concerns
• Meet with CITY staff and discuss standards, expectations, project approach, and results of data gathering and analysis.
• Deliverables: Consultant shall summarize the results of this task into a Technical Memorandum (TM) and submit three (3) hard copies and one (1) electronic copy (searchable pdf), for CITY review. CITY comments shall be incorporated into the final technical memorandum.
9

Task 3 - Investigations
Task 3.1 Geotechnical Investigation
• Review existing technical memorandum prepared by Converse Consultants for the Cherry Avenue Channel and Other geotechnical reports that were prepared for adjacent developments and gather all necessary information required for a complete design. • Deliverables: Consultant shall summarize results and recommendations into a Technical Memorandum (TM). Three (3) hard copies and one (1) electronic copy of the draft report shall be submitted for review. CITY comments shall be incorporated in final TM. Results of the geotechnical investigation shall be incorporated into the final contract documents.

Task 4 — Environmental Services
• The Consultant shall prepare a Draft IS/MND and technical studies (Air Quality/Green House Gases and Energy) in compliance with local, state and federal plans, policies and regulations. The Consultant shall prepare a draft Mitigation Monitoring and Reporting Plan (MMRP). A Final version of the IS/MND shall be prepared after incorporating City's comments. The Consultant is to assist the CITY with the CEQA required notices and publishing, including submittal to the State Clearinghouse (SCH). • Upon conclusion of the public review period, the Consultant shall prepare written responses to comments. The Consultant shall prepare a draft Notice of Determination (NOD) for CITY review and will assist with County Clerk and SCH filing. • MSHCP Compliance and Biological Resources:
• The CITY and RCFC&WCD are permittees of the Western Riverside City Multiple Species Habitat Conservation Plan (MSHCP) and as part of the CEQA review, must show consistency with the plan for the project.
• The Consultant shall prepare a Biological Habitat Assessment and record searches for any sensitive biological resources known to occur on and within the project site, a systematic survey to document baseline conditions and the presence/absence of any special -status biological resources, and a detailed assessment of suitable habitat for burrowing owl, Narrow Endemic Plant Species (Munz's onion and many -stemmed dudleya), and birds associated with riparian/riverine areas. The Consultant shall prepare a report that will include a brief impact analysis of the project on special -status biological resources, any further focused surveys required, analysis of the project's consistency with MSHCP requirements, and any avoidance and/or mitigation measures.
• Burrowing Owl Survey Instructions for the MSHCP:
• The Consultant shall conduct a Burrowing Owl Survey in accordance with the Burrowing Owl Survey Instructions for the MSHCP. The survey report shall be prepared and includes the survey methodology and results of surveys, including maps and photographs.
• The Consultant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP). A DBESP report shall be prepared that will quantify the 10

project's impacts to riparian/riverine areas, mitigation measures to offset impacts, and a finding demonstrating mitigation measures.
• Consultant shall perform all work necessary to meet the requirements of the California Environmental Quality Act (CEQA). Work shall include determination of the necessary level of environmental documentation, surveying, studies, and mitigation based on the project area and scope. The consultant shall prepare the required negative declaration (ND) or Mitigated Negative Declaration (MND).
• The Consultant will prepare the final documentation, including all required mitigation measures. The consultant will assist the CITY in preparation and documentation of the final Notice of Determination (NOD).
• Deliverables: Three (3) hard copies and one (1) electronic copy of the draft environmental documents for CITY review. CITY comments shall be incorporated prior to the public notification period. Three (3) hard copies and one (1) electronic copy of the final approved environmental documents. All mitigation measures shall be incorporated into the final contract documents.

Task 5 — Jurisdictional Coordination
• Jurisdictional delineation (JD) of the channel shall be conducted to determine the extent of jurisdictional "waters of the United States" and "waters of the State" (including potential wetlands). The JD Report shall include a map to indicate the extent of waters of the US/State along the project limits. The report shall include a project site baseline information, the acreage of temporary and permanent impacts to waters of US and State, and the required permits for the project.
• The Consultant shall prepare the Permit Application packages for Section 404 Nationwide Permit (from US Army Corps of Engineers), Section 401 Water Quality Certification Permit (Regional Water Quality Control Board), 1600 Streambed Alteration Agreement (California Department of Fish and Wildlife) for construction and maintenance. • The Consultant shall coordinate with the Riverside County Flood Control and Water Conservation District to obtain the necessary permits.
11

EXHIBIT B
Sample Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the X day of XXX 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and XXX, whose address is XXX ("CONTRACTOR").

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

A. CITY desires to engage CONTRACTOR to provide XXX Services and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
- C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

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

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

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

3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
12

4. Compensation.

4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed XXX ($XXX).

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

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

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

5. Obligations of CONTRACTOR.

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

5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR 13

shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.

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

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

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

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

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

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

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

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

6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health 14

and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.

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

CONTRACTOR shall provide the following types and amounts of insurance:

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

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

If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.

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

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

7. General Conditions pertaining to Insurance Coverage

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

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

7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business 15

in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

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

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

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

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

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.

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

CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or iniany way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.

All obligations under this provision are to be paid by CONTRACTOR as they are 16

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

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

9. Additional Services: Changes and Deletions.

9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CON TRACTOR shall not be compensated for such services.

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

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

10. Termination of Agreement.

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

10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid 17

within thirty (30) business days after receipt of an invoice as provided in this Agreement.

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

11. Status of CONTRACTOR.

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

11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

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

12. Ownership of Documents; Audit.

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

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

12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and 18

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

13. Miscellaneous Provisions.

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

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

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

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

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

13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.

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

13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements 19

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

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

13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

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

VW
CITY: CONTRACTOR:

CITY OF BEAUMONT XXX
By: By:

XXX,
Print Name:

Title:
20

EXHIBIT "A"

PROPOSAL
(insert behind this page)

City of Beaumont
Request for Proposal
Request for Env. Con. Services for
BEAUMONT Cherry Channel Drainage Project
-C A L I F O R N I A -
EXHIBIT "B"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
1

City of Beaumont
Request for Proposal
2 Request for Env. Con. Services for
Cherry Channel Drainage Project

City of Beaumont Agreement #
C24-56
EXHIBIT "B"

PROPOSAL
(insert behind this page)

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
I. Scope of Service
Task 1: Project Management and Meetings
Task I.I: Project Management
The Project Management task will cover internal management, invoicing, communication, coordination, reporting, preliminary reviews of received reports, drafting schedule updates and meetings with the City.

This task assumes no more than four Project check -in meetings virtually taking no more than 1 hour with Chambers Group staff, one Project presentation, and one City meeting during Project approval, lasting no more than 3 hours with 2 Chambers Group staff. Additional work including out -of -scope items and additional meetings, including public meetings, will be provided with the submittal of a contract amendment.

Deliverables: An electronic copy of the meeting agendas if required.

Task 1.2: Kick -Off Meeting
Kick-off Meeting: Project initiation will begin with a kick-off meeting with the City and the Chambers Group Project team to discuss the project history, project description, specific project issues, and CEQA schedule; as well as receive available project information and technical reports. It is assumed that this information will include the geotechnical studies, site plans, permits, and other pertinent project information. This meeting is assumed to take no more than 2 hours. After the kick-off meeting, Chambers Group will develop a list of additional data needs.

Deliverables: One electronic copy of the data needs list.

Task 2: Data Gathering and Analysis
This task will cover the data gathering and analysis outlined in the Request for Proposal (RFP) such as, reviewing relevant City documents including previously submitted permits for the original installation and/or ongoing maintenance, previously prepared reports and other referenceable documents, figure and map development for the CEQA document including but not limited to the location and vicinity, land use, zoning, wildfire, utilities, and other public services. Technical desktop research for specific resources including biological and cultural resources are outlined in Task 4. This task assumes one preliminary site visit and check -in meetings with City staff.

Deliverables: Results of this task such as the identification of potential environmental concerns, Project conflicts, and required figures shall be summarized into a memorandum submitted electronically for one round of review. Three hard copies shall be sent to the City after the memorandum has been finalized.

Task 3: Investigations
Task 3.1: Geotechnical Investigation
Ninyo & Moore's geotechnical scope of services will include the following:
• Review of the existing Technical Memorandum prepared by Converse Consultants for the Cherry Avenue Channel, other available geotechnical reports for adjacent developments, and readily available geologic maps, published geotechnical literature, geologic and seismic data, aerial photographs, groundwater data, and in-house information. • Geotechnical reconnaissance to document the existing surficial conditions at the proposed project site.

Est
_ * 1974
Commented [EB1]: Vincent Lopez
202444-29
Based on the six month scheduled provided by the
Chambers Group, the cost for this item in the cost proposa seems substantially high for eight hours. Please revise and clarify. After kick-off meeting, we may only need 30 -minute check -in meetings since we will be communicating back a n forth via email.

Commented [EB2R1]: Per the RFP, this task Included
meetings with other agencies and presentations (including preparation time and travel) to the City. The full text from the RFP was not included given the page count
requirements. Based on the discussion that this will be a straightforward project, and the estimates have been
revised for 2 staff members, 8 hours each and reflects
cha nges per the comments below

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
• Assessment of the general geologic conditions and seismic hazards affecting the site, and evaluation of their potential impacts on the Proposed Project. Evaluation of geologic impacts would include erosion potential, compressible soils, expansive soils, and shallow groundwater. Evaluation of seismic impacts would include potential surface rupture, ground shaking, and liquefaction. • Preparation of a short report providing our findings and conclusions regarding geology and soils conditions that may impact the project and would be necessary to complete the final environmental document and associated permit applications.
• Consultation with other project consultants to provide geology/geotechnical input to the final environment documents.

Task 3.2: Phase I ESA
Ninyo & Moore's proposed scope of services for the Phase I ESA will include, but not necessarily be limited to, the following:
• A review of federal and state environmental record sources for the subject property and for properties located within the search radii prescribed by ASTM for the respective environmental record sources.
• A review of readily available and/or reasonably obtainable historical aerial photographs, Sanborn Insurance Maps, building plans, and United States Geological Survey Topographic Maps, etc. • A subject property reconnaissance to visually evaluate subject property conditions. • Interview owner representatives and/or other individuals familiar with the subject property, including past subject property operations, and construction history, if readily available and relevant. • A subject property vicinity reconnaissance to evaluate conditions of adjacent or nearby properties for possible environmental influences on the subject property. • Preparation of a Phase I ESA report that meets ASTM E1527-21 and EPA AAI reporting criteria.

Assumptions: The following assumptions have been made in the preparation of our scope of services.

It is the responsibility of the client to review environmental liens for the property or engage a title company to review such records. A lien search is not included as part of the proposed work scope. Ninyo & Moore can provide this service if requested as an additional service and fee.

In accordance with the ASTM E1527-21 standard, subject property -specific information will be requested from the user of the report in the form of a customized questionnaire or an interview with a designated representative, at the client's discretion.

Up to 1 lours lave been estimated to review agency records for the subject property. Review of agency records for adjoining properties is not included in this proposal. Should available files require additional review time, additional cost to obtain, or other conditions be encountered that warrant additional research/evaluation (such as an in -person review of records at a local agency office), the client will be contacted for additional authorization. Up to 8 hours for the site reconnaissance are included in this task.

Deliverables: One electronic copy for one round of review and comment. Results to be incorporated into the IS.

Task 4: Environmental Services
Task 4.1: Air Quality, GHGs, and Noise Evaluation
Ldn Consulting will prepare air quality, GHG and noise evaluations for the proposed 24-21 Cherry Channel Drainage Project known as the "Project".
"-Est
- t979
www
Commented [EB3]: Vincent Lopez
2024-04-29 14:44:20
Please revise to be all inclusive. The City will forward/shah all documents and records needed for assessment.

Commented [EB4R3]: Revised.

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Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
Air Quality
• Construction -related activities and emissions will be evaluated. This would consist of building demolition, import/export of soil, mass grading, etc. A qualitative assessment of potential impacts from toxic air emissions will be included. Evaluate applicable GHG emissions associated with heavy- duty construction equipment combustion that will likely occur during the various phases of construction; emissions will be quantified using the California Emissions Estimator Model® (CalEEMod) emissions inventory model.
• Consistent with the Air Quality Management Plan (AQMD) a screening -level diesel health risk assessment will be prepared for emissions resulting from short-term project construction activity, specifically diesel particulate matter.
• If the Project exceeds the Screening -Level Criteria for Air Quality Impacts as identified by the Air Pollution Control District (APCD), more detailed analysis may be required to determine mitigation solutions and would be included.
• The analysis shall address consistency with the ARB's Air Quality and Land Use Handbook, and potential sources of toxic air contaminants (TACs) from the project and strategies to reduce emissions along with design features and mitigation measures consistent with the County and APCD.

GHG
• Identify, characterize, and inventory any applicable GHG emissions currently being requirements (i.e., Assembly Bill's (AB) 32, 341, 1493, Senate Bill 97, and Executive Orders S-3-05, S-01-07, B-30- 15).
• Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Evaluate net increase in applicable GHG emissions associated with mobile source activity. Data available from the project team and previous analysis will be utilized in characterizing GHG-generating activities. • The results of this study effort will be summarized in a report as requested. The analysis will discuss the latest guidelines for Climate Change analyses as well as any California Air Resources Board (CARB) adopted thresholds of significance and the General Plan.

Noise
• The anticipated construction activities noise levels will be identified to determine if short term impacts will occur at the adjacent property lines. The calculated noise levels will be propagated to the nearest residences using the logarithmic relationship describing the acoustical spreading or drop off rate of 6 dB per doubling of distance from the source. The propagated noise levels will be compared to the applicable standards. If potential impacts are identified, feasible mitigation measures will be designed.
• The analysis will discuss the local guidelines and adopted thresholds of significance for Noise.

Revisions and Coordination
• If additional emissions reduction calculations, report revisions, environmental coordination or agency requests are required, LDN will work with the City to determine any and all additional efforts and associated costs prior to any additional work commencing. For budgeting purposes and to avoid contract changes when these services are requested, LDN will perform these additional services on a time and materials basis.

Deliverables: One electronic copy of the report for one round of review. Results to be incorporated into the Initial Study (IS).
t

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
Task 4.2: Biological Survey and Report (with MSHCP Consistency Analysi s)
Chambers group will conduct a biological resources survey for the Project, including a habitat assessment, and will prepare a biological technical report which will include an analysis of the Project's consistency with Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) requirements and recommended avoidance and mitigation measures.

Prior to conducting the biological resources survey, Chambers Group will review the RCA MSHCP Information Map for applicable criteria and survey requirements for the assessor parcel number(s) containing the Project. Survey requirements for MSHCP species not adequately covered will also be reviewed. The U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) soil survey will be reviewed to identify soils that occur within the Project site. The USFWS National Wetlands Inventory (NWI), the U.S. Geological Survey's (USGS) National Hydrography Dataset (NHD), Google Earth imagery, and historical aerial photographs of the Project site and vicinity will be reviewed for hydrological features that may fall under the regulatory jurisdiction of the USACE pursuant to Section 404 of the Clean Water Act, RWQCB jurisdiction pursuant to Section 401 of the Clean Water Act, and CDFW jurisdiction pursuant to Section 1602 of the Fish and Game Code. This task will also include a review of CDFW's California Natural Diversity Database, the California Native Plant Society's Electronic Inventory, and the USFWS' Information for Planning and Consultation for existing records of listed and/or special status plant and wildlife species and habitats occurring on or in the vicinity of the Project.

After conducting the literature review, biologists will conduct the biological resources survey and habitat assessment within the approximately 3 -acre Project site. Chambers Group biologists will document the presence of common and sensitive biological resources, both flora and fauna, within the Project boundaries. The survey will focus on determining the potential presence of federal- and state -listed or otherwise special status plant and wildlife species and sensitive habitats, including suitable habitat for burrowing owl, birds associated with riparian/riverine areas, and narrow endemic plants including Yucaipa (Marvin's) onion and many -stemmed dudleya. Per the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area (survey instructions; protocol), if burrowing owl habitat are found on site a 500 -foot boundary around the Project site will be walked (where accessible and permitted), to map suitable burrowing owl habitats. All vegetation communities and other landcover types will be mapped, qualitatively described, and assessed for the potential for occurrence for special status species. Photographs will be taken to document the conditions of the Project site at the time of the survey. All plant and wildlife species observed or detected during the survey will be recorded.

Chambers Group will prepare a biological technical report that will include an introduction, methods used to conduct the survey, results of the survey documenting the existing biological resources, a discussion of special status plant and wildlife species with the potential to occur on the Project site, an analysis of the Project's consistency with MSHCP requirements), recommended avoidance and mitigation measures, and any required focused surveys.

The report will contain up to 10 pages of text and tables, up to eight figures, and up to 80 pages of appendices including literature -
observed or detected curing the survey.

The biological resources survey will be conducted within 2 weeks of receiving the NTP. Chambers Group will submit three hard copies and one electronic copy of the draft biological technical report to the City -,r' 1979
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Commented (EB51: Vincent Lopez
2024-04-29 20:42:20
The amount of pages may be sufficient however, the City does not want to be limited to these amounts to trigger costs above an awarded amount.

Commented [EB6RS]: Revised.

Formatted: Strikethrough
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Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
within 4 weeks following the completion of the biological resources survey and habitat assessment.

Chambers Group will incorporate one round of comments from the draft report into a final report and will deliver three hard copies and one electronic copy of the final report to the City upon completion.

Geographic information system (GIS) shapefiles will also be provided to the City.

Assumptions: Tic Icvcl of effort for Task 1.2 assumes two biologists surveying tic site in 1 day. If additional survey time is required due to unforeseen circumstances, Chambers Group will revise the cost ilpfoordination with l .c City,
The scope of work for Task 4.2 does not include focused surveys or a formal jurisdictional delineation. If needed, BUOW focused surveys will be provided under Task 4.3. A formal jurisdictional delineation and reporting is provided under Task 5.1. Ilk additional focused surveys are required based on the results of the biological resources survey, Chambers Group will provide them as a separate scope and cost. The scope of work for Task 4.2 includes up to 4 hours for responding to agency letters and comments.

While not anticipated, if any published updates to the Consistency Analysis Report Template should occur prior to the biological technical report/MSHCP consistency analysis being completed, and if the updates should substantially change the level of work required for this report or require any additional studies be conducted prior to analysis, Chambers Group will revise reporting costs (if needed) after approval from the City.

Deliverables: One electronic copy of the report for one round of_review for substantive revisions and comments. Reasonable rounds of revisions such as minor comments and clarifications are covered under this task. Results to be incorporated into the IS.

Task 4.3: Burrowing Owl Survey Instructions for the MSHCP (if needed) Based on the results of the biological resources survey and habitat assessment, if suitable burrowing owl habitat is present on or adjacent to the Project site, a focused burrow survey and focused burrowing owl surveys must be conducted in accordance with the survey instructions. The purpose of focused burrowing owl surveys is to identify if, when, and how the site is being used by burrowing owls. Focused burrowing owl surveys will be conducted within the approximately 3 -acre Project site and a 500 -foot buffer (survey area). Following the survey instructions protocol, the burrowing owl focused surveys will include a minimum of one, and up to four separate site visits during the burrowing owl breeding season (March 1 through August 31).

The first visit will include a focused burrow survey to locate and map location of all suitable burrowing owl habitat, potential owl burrows, burrowing owl sign, and any burrowing owls; if no potential burrows or burrowing owls are detected, no further surveys are required. If the survey area contains natural or man-made structures that could potentially support burrowing owls, or owls are observed during the burrow surveys, four separate site visits during the burrowing owl breeding season must be conducted.

The first focused survey may be conducted concurrent with the focused burrow survey. The remaining three focused burrowing owl survey visits will be conducted as specified in the survey instructions protocol. During each focused survey, dominant plant species and all wildlife species observed/detected will be recorded, and site photographs will be taken depicting the survey area and any evidence of burrowing owl.
. st

1.10` 1979
1 Formatted: Strikethrough
Commented [EB7]: Vincent Lopez
2024-04-29 17:03:11
This task needs to be all inclusive for the biological
surveying.

Commented [EBBR7]: Revised
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Commented [EBB]: Vincent Lopez
2024-05-01 16:18:00
Task needs to be all inclusive. The City is under the
assumption that the Chambers Group visited the Channel.

Commented [EB10R9]: Ageneral site visit was
performed. However, based on a more detailed assessmer
and based on input from regulatory agencies additional
surveys are sometimes required. There is no way to
determine what the more detailed survey and agency
requests are at this time. Additional surveys based on our more detailed literature review and survey is unlikely to result m additional surveys required for project. However, the resource agency's are unpredicted. For example they are now asking for couches bumble bee surveys on most
project in the area but they do not specify what habitats should include surveys.

If there are any previously prepared studies that have been done for the site, there are potential cost savings we could implement for this project.

Commented IES111: Vincent Lopez
2024-04-29 20:43:31
What if another round is needed? The City would like to award a fixed contract amount to complete this project.

Commented [EB12R11]: Noted that substantive
comments will have one round and understand that minor
revisions back and forth is covered under this task.

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
According to the protocol, surveys will not be conducted during rain, winds greater than 20 miles per hour, dense fog, or temperatures over 90 degrees Fahrenheit. Potential burrowing owl burrows will be examined for burrowing owl sign and all evidence of burrowing owl or burrowing owl sightings within the Project site will be documented, digital photographs will be taken, and locations will be recorded using a handheld Global Positioning System (GPS) device.

After completing the required field surveys, methods and findings will be summarized and incorporated into a focused survey report. The locations of any suitable burrows, burrowing owls, or burrowing owl sign encountered will be mapped and corresponding GPS coordinates will be provided. The report will be - include up to 15 pages of text, tables, and figures and up ftormatted as required per the MSHCP. 20 pageP°.i of appendices including Plant and wildlife species lists, site photographs, and field survey forms.

Chambers Group will submit three hard
copies and one electronic copy of the draft burrowing owl focused survey report to the City within 4 weeks following the completion of the final survey. Chambers Group will incorporate one round of comments from the draft report into a final report and will deliver three hard copies and one electronic copy of the final report to the City upon completion. GIS shapefiles will also be provided to the City.

Assumptions: The cost for Task 4.3 includes two biologists surveying the Project site and buffer in one full day during the first site visit, and in a half -day (either a dawn or dusk survey), during each of the three subsequent site visits. If for unforeseen circumstances additional survey days are necessary (e.g., adverse weather conditions canceling a survey), Chambers Group will provide them after approval from the City. The scope of work for T,gsk 4.3 includes up to 2 hours for responding to agency letters and comments.

Task 4.4: DBESP Report
After all required surveys for the Project have been conducted and the respective survey reports have been prepared and accepted, Chambers Group will prepare a DBESP. The DBESP will follow the most - recent version of the DBESP template available on the Regional Conservation Authority's website, and will include Executive Summary, Introduction, Riparian/Riverine Mitigation (MSHCP Section 6.1.2), Narrow Endemic Plant Species Mitigation (MSHCP Section 6.1.3), Additional Survey Needs (MSHCP Section 6.3.2), Delhi Sands Flower -Loving Fly (MSHCP Section 6.3.2), and Reference section, and supporting appendices.

The DBESP report will include up to 30 pages of text, tables, and figures and up to 250 pages of supporting appendices (including biological surveys and jurisdictional delineation reports). Chambers Group will submit three hard copies and one electronic copy of the draft DBESP report to the City within 4 weeks following completion of all required Project surveys and reports. Chambers Group will incorporate one round of comments from the draft DBESP report into a final DBESP and will deliver three hard copies and one electronic copy of the final report to the City upon completion.

Assumptions: While not anticipated, if any published updates to the MSHCP DBESP template should occur prior to the DBESP for the Project being completed, and if the updates should substantially change the level of work required for this report or require any additional studies be conducted prior to analysis, Chambers Group will revise the cost of the DBESP (if needed) after approval from the City. The scopc of klorlgfor Task 4.4 includes up to 4 hours for responding to agency letters and comments.

Deliverables: One electronic copy of the report for one round of review and comment. Results to be incorporated into the IS.

N/,
'.,.t Est
r0 1979
Commented [EB13]: Vincent Lopez
2024-04-29 17:05:20
---------------------------------
The price for this task and report needs to be all inclusive regardless of the amount of pages
Commented IEB14R131: Revised language
Formatted: Strikethrough
Commented [EB15]: Vincent Lopez
2024-04-2917.07:24
The qty is relying on the Chamber Group's expertise for this task. The price will need to be all inclusive without limits before change orders are requested.

Commented [EB16R15]: Comment addressed and scope
updated
Formatted: Strikethrough
Formatted: Strikethrough

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
C E RS
GROUP
Task 4.5: Cultural Resources Literature Review, Desktop Research and Consultation Task 4.5. I: Literature Review and Desktop Research
Chambers Group will conduct a literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the appropriate Information Center (IC). The records search will be conducted by IC staff and review relevant previously recorded cultural resources and previous investigations completed for the half -mile search radius surrounding the project site. A paleontological records search will also be completed for the half -mile search radius surrounding the Project site by the relevant Natural History Museum.

In addition to the above research, a request that the Native American Heritage Commission (NAHC) will be submitted for a review of their sacred land files (SLF). This search will identify if any resources important to Native Americans have been recorded within the project area and surrounding vicinity. The NAHC will provide the results and a list of affiliated tribal representatives to contact for additional information. Chambers Group will provide the results of the NAHC SLF search and list of tribes in the desktop cultural resources letter report. Note: This research alone does not satisfy the lead agency's requirements under AB 52. It is assumed that the lead agency will conduct AB 52 Tribal Consultation.

Upon request, Chambers Group can assist in coordinating AB 52 consultation requirements (see Task

4.5.3).

Assumptions:
• The City will provide Chambers Group with confirmation on the Project footprint at the time of authorization.r NTP. It is assumed that this information will not change once Chambers Group has initiated the tasks above.
• All required records searches will be submitted within 1 week of receipt of NTP. • Fees incurred by the IC and Museum to conduct the record searches, estimated at $1,380.00, are included as part of this task. We will bill the actual amount these institutions charge without a markup.
• Currently, the IC estimates 6 to 8 weeks from the date of request to provide results for a records search. In addition, fees incurred by the relevant Natural History Museum to conduct the paleontological record search are included as part of this estimated cost. Currently, the Museum estimates 2 to 3 weeks from the date of request to provide results for a records search. Currently, the NAHC estimates 6 to 8 weeks from the date of request to provide results for the SLF request. • This task does not currently include the issuance of NAHC Scoping Notification Letters to NAHC-listed points of contact to request information regarding the proposed Project site. These informal evidence gathering letters are not a substitute for government -to -government consultation by the permitting agency. If the SLF search returns positive results and/or the City requests that these notification letters be transmitted, a revised scope of work and cost will be necessary. • This task assumes that no previously documented cultural resources are recorded within the Project site. If the records search data reveals that potentially significant cultural resources are documented within the Project site and/or surrounding half -mile radius study area that may be affected by the Project, further research, such as a field survey, may be required, at additional cost. • This task does not include cultural resources survey, testing, data recovery, analysis, monitoring, or similar programs.

Deliverables: This task includes a records search requests, review of results provided, and minimal research to be incorporated within the Cultural Resources Report. ‘ r=Est
7979

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
I ask 4.b.L: Cultural Kesources L'tonwl ,,eport

CHAMBERS
GROUP
Chambers Group will complete a desktop study and prepare a Cultural Resources Report deliverable.

The Cultural Resources Report will be prepared according to Archaeological Resource Management Report (ARMR) Guidelines and California State Historic Preservation Office (SHPO) Guidelines, detail the methods used, and describe the results of the records search, all additional research and literature review, and any related recommendations. The report will not include results from an on -ground survey of the proposed Project site as it is perceived that little meaningful data can be gleaned from a pedestrian survey of the area due to the location of proposed direct impacts being located within compacted, semi - impervious surfaces within an active channel system. The report is assumed to contain up to 30 pages of text, graphics, and appendices. The report will also discuss the paleontological records search results and the basic geologic context of the Project site, to support any related recommendations regarding paleontology, as well as addressing the results of the NAHC SLF records search.

Assumptions:
• Chambers Group will provide a draft report to the City for review within 4 weeks after receipt of all requested records search data.
• This task cost estimate assumes that only one round of substantive consolidated report comments from the City will be received to be incorporated into the final document within 2 weeks after draft review. If additional comments are received, a revised scope of work and cost for additional review may be necessary.
•-• This task does not include cultural resources, survey, testing, data recovery, aneIysis, monitoring, or similar programs. It is assumed that existing hardscape, geo-material liner, and landscape features located within the proposed Project site will preclude effective ground surface visibility and impede the ability to adequately identify and assess the presence of archaeological resources. Therefore, an on -foot survey of the Project site is NOT recommended. Should an archaeological resources inventory survey be required a separate scope and cost will be required. • This task does not include survey and analysis of historic period -built environment resources. It is assumed that no such resources are located within the Project site or adjacent right-of-way (publicly accessible surface streets). If historic period -built environment infrastructure is identified within the Project right-of-way, and may be affected by the Project, these resources would need to be evaluated for eligibility for listing on the National Register of Historic Places, the California Register of Historical Resources, and/or a local register. If historic period -built environment resources that may be affected by the Proposed Project are identified, a separate scope and cost will be required to assess these resources.

Deliverable: One electronic copy of the Desktop Cultural Resources Report. Results to be incorporated into the IS.

Task 4.5.3: AB 52 Tribal Consultation Support
AB 52 required an update to CEQA Appendix G to include a new category titled "Tribal Cultural Resources". As a Lead Agency, the City is required to conduct AB 52 consultation with requesting tribal groups on a government -to -government basis.
1 X379
Commented [EB17]: Similar to the previous response
that this will include a reasonable amount of minor revisior after substantive comments have been made

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
This task will provide support to the City including, but not limited to preparing and transmitting Request to Consult Letters to respective tribes via email and certified mail; support with consultation regarding the proposed Project plans and potential impacts; support arranging conference calls with tribes; and/or development of mitigation measures, as appropriate. Should any tribe request a site visit, or require further calls to conclude consultation, it is assumed that City will cover this expense and provide the tribe(s) an opportunity to visit the Project site.

Assumptions:
• ltl is assumed that City has a prepared list of no more than three Tribal Representatives who have previously expressec a ccsirc to be notified w a project requires AB 52 consultation. • This task includes AB 52 consultation support with requesting tribal groups anc includes time for assisting and/or attending up to thrcc 1 hour meetings with City Staff and triba members in an online forum, and up to 2 hours to assist drafting potential mitigation measure language. • This proposal does not include attending field visits requested by tribal groups requesting consultation. Based on recent excerience. field visits with the tribal g-rougs have not been requested.

Deliverable: Up to four Request to Consult Letters and Project site maps for District review; assist with up to three 1 -hour consultation meetings; prepare Tribal Consultation Summary memo.

Task 4.6: CEQA Documentation
Task 4.6.I: Project Description and IS
Project Description: Chambers Group will develop a comprehensive description for the Proposed Project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City. The project description will include a narrative and graphical presentation of the Proposed Project, including components, location and boundaries, regional and vicinity maps, and a statement of the Project goals and objectives.

Prepare IS Checklist: Chambers Group shall prepare an IS Checklist to determine the appropriate level of CEQA documentation for the Proposed Project which is assumed to be either a Negative Declaration (ND) or MND. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G or utilizing a format preferred by the City in compliance with CEQA Section 15063. Chambers Group will provide one electronic PDF copy of the Administrative IS Checklist for District review.

Deliverables: One electronic copy of the project description and IS checklist for one round of review and comment.

Task 4.6.2: Draft MNL
Prepare Administrative Draft MND: If one or more significant impacts are identified during the IS process, and in the technical reports prepared for Tasks 4.2 to 4.5 and Task 5, CEQA allows the preparation of an MND when those impacts can be mitigated to a less -than -significant level. The preparation of an ND is similar to MND, with the exception that an MND includes mitigation measures.

Therefore, the description of an MND is provided in this task. � ".1 Est
•7M_ 7979
Commented [E818]: Vincent Lopez
2024-04-2917:09:45
The Chambers Group Is contracted with the City as an As - Needed Consultant. The Chambers Groups should have sw
list based on previous task orders.

Commented [EB19R18]: Understood. Revised and kept
one assumption. Based on previous consultations, no tribe. have requested our presence during field visits
Formatted: Strikethrough
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Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
For each CEQA environmental checklist discipline item, the existing environmental setting of the Proposed Project site and surroundings will be characterized from the existing literature base and a site visit by an environmental analyst. An environmental impacts analysis will be prepared for each checklist entry. Based on CEQA-defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. Chambers Group will provide one electronic PDF copy of the Administrative Draft MND for one round of City review and one round to finalize the revised changes.

Prepare/Distribute the MND and Notice of Intent: For submittal to the Office of Planning and Research (OPR), Chambers Group will draft a Notice of Intent (NOI), Notice of Completion (NOC), Summary Form, and the Public Draft IS/MND with associated appendices to be submitted electronically on behalf of the City. The City must approve Chambers Group as a submitter for the City on the OPR CEQANet Web portal.

Chambers Group will prepare the NOI for distribution during the public review to agencies, interested parties, and property owners adjacent to the Proposed Project from an approved distribution list provided by the City. We assume up to 25 mailings of the NOI via regular mail to adjacent property owners and up to 10 mailings of the NOI via certified mail to agencies and other interested parties.

Chambers Group will file the NOI to adopt an MND with the County Clerk. We assume the City will be responsible for newspaper publications or on -site postings.

Note: This task does not include attendance at any public or community outreach meetings. The environmental document will not be circulated until AB 52 consultation has been concluded.

Deliverables: One electronic PDF copy of the Public Review Draft MND and technical reports as appendices for distribution. Up to three hard copies of the Public Review Draft MND with technical reports/appendices on thumb drive or CDs. r to 25 nloilings6O man • to adjacent -roperty owners via regular mail, and up to 10 mailings to agencies and interested parties via certified mail. State Clearinghouse submittal will be done electronically Should additional mailings be required; Chambers Group can prepare and mail additional notices at an additional cost.

Task 4.6.3: Final MND
Prepare Final MND with Response to Comments: Based upon comments received from public review, responses to the comments will be prepared. For the purposes of this proposal, and understandirgthattl Proiect would not be controversial to the existing neigh& od. no more than 100 comments pmmcr letters on the IS/MND are assumed, with responses requiring minimal further investigation or studies. A draft of these responses will be provided to the City. Upon receipt of one complete set of comments from the City on the responses, a Final MND will be prepared. This document combined with the Draft MND will constitute the Final MND to be used by the City when considering approval of the Proposed Project.

This Task will include up to two rounds of comments from the City.

Prepare MMRP and NOD: Following preparation of the MND, Chambers Group will prepare a Draft MMRP. The Final MMRP incorporating the City's comments will be incorporated into the Final MND. The Notice of Determination (NOD) is filed following the City's decision to carry out or approve the Proposed Project for which the MND has been prepared. Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse and the County Clerk. The City will be responsible for CDFW filing fees, if necessary. Chambers Group will provide up to three hard copies of the NOD; the NOD is to be filed electronically with the State Clearinghouse and one filed with the County Clerk. = " Est
p'if' 7979
Commented [EB20]: Vincent Lopez
2024-04-29 17:11:28
As discussed, the City is relying on the Chambers Group to full vet the affected property owners. The price should reflect an all inclusive cost based on this analysis.

Commented [EB21]: Vincent Lopez
2024-04-29 17:11:28
-------------------------------
As discussed, the City is relying on the Chambers Group to full vet the affected property owners. The price should reflect an all inclusive cost based on this analysis.

Commented [EB22R21]: Included the total number of
addresses that are adjacent to the channel
Commented [EB23]: Vincent Lopez
2024-04-29 17:11:52
Same as above.

Commented [EB24R23]: Updated based on the number
of properties. This is also assumed that updates to the channel would not be controversial

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
Deliverables: Three hard copies of the draft Final MND and reviewed Final MND with the technical reports/appendices on thumb drive or CD.

Task 5: Jurisdictional Delineation and Regulatory Permitting Task 5.1: Jurisdictional Delineation
Chambers Group will conduct a desktop analysis prior to the field survey and delineation of Cherry Channel. USGS quadrangle maps and hydrological features, NRCS soil survey maps, NHD maps, USFWS NWI maps, and historical aerial imagery will be reviewed. Aerial imagery of the Project site and immediately adjacent areas will be searched for other potentially jurisdictional features including v - ditches, culverts, swales, etc., and potential connectivity to any Traditional Navigable Waters.

Potential waters and wetland habitats on the site will be evaluated using the methodology set forth in the Corps of Engineers Wetland Delineation Manual (USACE 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual Arid West Region Version 2.0 (USACE 2008). This preliminary jurisdictional delineation will be consistent with the 2023 Rule revising the definition of Waters of the United States (WoUS) and the August 29, 2023, amendment and includes measurement of the Ordinary High, Water Mark (OHWM) to determine WoUS. Surveyors will walk the Project site, specifically Cherry Channel, and will identify and map limits of jurisdiction with a submeter GPS device.

The surveyors will document the boundary of the OHWM and Bank to Bank features as identified within the Project site. Hydrologic indicators include evidence of inundation, saturation, watermarks, drift lines, and sediment deposits. OHWM data will be recorded on USACE Rapid Ordinary High Water Mark Field Identification Data Sheets. Soils will be investigated for hydric characteristics. Wetland boundaries (if present) will be determined using the current accepted methodology prescribed in the USACE 1987 and USACE 2008. This method requires positive evidence of hydrophytic vegetation, hydric soils, and wetlands hydrology to be considered a wetland. If potential wetlands are identified, soil pits will be established to determine the wetlands/uplands boundaries. Soil pit data will be recorded on USACE Arid West Region Wetland Determination Forms. The boundaries of hydrological features will be mapped in a shapefile that will distinguish each agency's respective jurisdiction (USACE, CDFW, and RWQCB) based on current agency guidance documents. Photographs of hydrological features and any soil pits will be taken. Vegetation communities will be mapped during the biological resources survey under Task4.2 The jurisdictional delineation will be conducted within two weeks of receiving the Notice to Proceed.

Following the survey, Chambers Group will prepare a preliminary jurisdictional delineation report documenting the survey results. The report will include Introduction, Regulatory Overview, Methods, Results, Summary ofJurisdictional Findings, Conclusions and Recommendations, and Reference sections.

The report will include up to 35 pages of text, tables, and figures and up to 20 pages of appendices including photographs of the site, OHWM and wetland determination datasheets, and plant and wildlife species lists. Chambers Group will submit three hard copies and one electronic copy of the draft preliminary jurisdictional delineation to the City within 4 weeks of conducting the survey. Chambers Group will incorporate one round of comments into the final report and will submit three hard copies and one electronic copy of the final report to the City upon completion. GIS shapefiles will also be provided to the City.

Assumptions: The level of effort for Task 5.1 assumes one biologist conducting jurisdictional delineation in 1 day concurrently with the biological resources survey. If additional survey time is required due to unforeseen circumstances, Chambers Group will revise the cost in coordination with the City. The cost for Task 5.1 includes field survey time, mobilization/demobilization time, vehicle use and fuel or mileage, 414/4„`
= rwg Est
75i$` 7979

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
personal protective equipment, submeter GPS and camera use, data management, project management time, GIS support, and reporting time.

The scope of work for Task 5.1 includes up to 4 hours for responding to agency letters and comments.

Task 5.2: USACE, RWQCB, and CDFW Permit Coordination and Applications Chambers Group assumes the City will directly pay any associated project permit fees to the corresponding regulatory agencies for this task, as applicable.

Preparation of USACE 404 Permit Applications: The level of work associated with preparing the notification to the USACE pursuant to Section 404 is dependent on the magnitude of project impacts on jurisdictional waters and other resources. The delineation determines if the project requires an individual permit or if it could fall under a nationwide permit. For scope and costing purposes, Chambers Group assumes the project would qualify for a Nationwide Permit (NWP), which would expedite the permitting process compared to an Individual Permit. If it is determined that a NWP is not valid for the final project description, Chambers Group will inform the City and additional costs may be required, depending on the application requirements. This cost estimate includes preparation of the notification package, including support information in compliance with the NWP and minimal, minor coordination with USACE is included.

Preparation of Written Notification for Water Quality (401) Certification: A water quality certification is required from the RWQCB for any activity that requires a federal license or permit (such as a Section 404 permit) and may result in a discharge to jurisdictional waters. RWQCB requires pre -filing application meetings a minimum of 30 days prior to the submittal of an application. Chambers Group will coordinate the meeting and prepare and submit the necessary documentation to the RWQCB for its review of the project pursuant to water quality certification. Chambers Group will schedule one additional meeting with the RWQCB at the Project site, if necessary, to facilitate the RWQCB's review of the Project and completion of the water quality certification. This cost estimate includes no more than two rounds of comments from RWQCB and those comments do not request or require further study than what is readily available and/or identified in this proposal.

Preparation of CDFW 1600 Permit Application: Chambers Group will prepare and submit a notification to CDFW for a 1600 Lake and Streambed Alteration Agreement (SAA). CDFW has transitioned to an entirely online application process through the Environmental Permit Information Management System (EPIMS). This will require the City to have an account on EPIMS to initiate the permit application and sign any documentation. Chambers Group assumes the City will provide permissions to fill out the application on the City's behalf, but assumes the City will sign the application. Chambers Group will schedule one meeting with CDFW at the Project site, if necessary, to facilitate CDFW's review of the Project and completion of the Agreement. This cost estimate includes no more than two rounds of comments from CDFW and those comments do not request or require further study than what is readily available and/or identified in this proposal.

Permit Application Processing: Chambers Group will coordinate with USACE, CDFW and RWQCB throughout their review of the regulatory permit applications to ensure that any potential concerns are made known to the City and resolved at the earliest possible opportunity. # 7979

Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
If the regulatory permits are being prepared in concurrence with the CEQA document rather than subsequent, they will be submitted to the agencies at the time of the Draft circulation to ensure that the permits are processed in a timely manner along with the rest of the Project. This also ensures that the agencies are involved in the preparation of the environmental document and mitigation development, if necessary.

Deliverables: Draft and Final Permit Applications for 404 NWP, 401 WQC, and 1600 LSAA J. Cost Proposal
Submitted in a separate, sealed envelope.

K. Other Information
Chambers Group has provided the City with environmental services for several years on various development projects. We are knowledgeable not just on City processes but also with the existing biological and cultural environment within the City and County, as well as agencies and organizations that have interests in the area such as CDFW and various tribal governments.

Z-1 MI Est
1979

Professional Environmental Consulting Services for
Cherry Channel Drainage Project
City of Beaumont

CHAMBERS
GROUP
Project Cost
Subtotal
Other
Direct
Costs
Subtotals
Task 1: Project Management and Meetings
$2,896.00
$335.00
$3,231.00
Task 2: Data Gathering and Analyses
$7,340.00
$335.00
$7,675.00
Task 3.1: Geotechnical Investigation
$8,970.00
-
$8,970.00
Task 3.2: Phase I ESA
$6,779.25
-
$6,779.25
Task 4.1: Air/GHG/Noise
$17,940.00
-
$17,940.00
Task 4.2: Bio Survey and Report (with MSHCP
Consistency Analysis)
$14,301.50
$982.40
$15,283.90
Task 4.3: Burrowing Owl (Optional)
$11,796.50
$1,188.02
$12,984.52
Task 4.4: DBESP Report
$7,249.00
$1,520.40
$8,769.40
Task 4.5: Cultural Resources Literature Review,
Desktop Research and Consultation and AB 52
Tribal Consultation
$10,838.00
$1,500.00
$12,338.00
Task4.6: CEQA Documentation (IS/MND)
$36,536.00
$827.00
$37,363.00
Task 5: Jurisdictional Delineation and Regulatory
Permitting
$29,117.50
$646.02
$29,763.52
Tasks Totals
$164,501.75
$7,333.84
$171,835.59
Total with Optional Task
$164,565.59
Total without Optional Task
$151,581.07
1979
www.chambersgrcupinc.ccin

City of Beaumont Agreement #
C24-56
EXHIBIT "C"

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)

CHAMGRO-01
RENAS
ACORD° CERTIFICATE OF LIABILITY INSURANCE

4......----

DATE(MMIDD/YYYY)
5/10/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER License # 0M10410
Armstron /Robitaille!Riegle Business and Insurance Solutions Newport Beach CA 92660
NIACT
PHONE
No, Est): (949) 381-7700 (NC, No):(949) 861-9429
I- [email protected]
;.ss: eragroup.com

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A :Nautilus Insurance Company
17370

INSURED
Chambers Group Inc.
3151 Airway Ave, Suite F208
Costa Mesa, CA 92626
I
INSURER B: Key Risk Insurance Company
10885
INSURER C : Insurance Co of the West
27847
INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

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

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

LTR

TYPE OF INSURANCE
INSD

SUSR - PO

POLICY NUMBER
(MMIDDFYYX

POLICYFF EXP
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
X
X
ECP2026303-16
5112/2024
5/12/2025

EACH OCCURRENCE
$ 1,000,000

I CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTED
PREMISES OEa occurrence]
100,000
$
MED EXP (Any one person}
$ 10,000

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

AGGREGATE
x

LIMIT APPLIES
JEOT
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ 1,000,000
$
B

AUTOMOBILE
X
X

LIABILITY

ANY AUTO
OWNED
AUTOS E�ONLY

AUTOS ONLY
—
X

SCHEDULED
AUTOS
WN

AUUTOS ONLY
BAP2037737-12
5/12/2024
5/12/2025

COMBINED SINGLE LIMIT
Ea accidenll
1,000,000
$
BODILY INJURY !Per person)
$
BODILY INJURY !Per accident)
$
err acciden DAMAGE
,U
$
$
A
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
FFX2026322-16
5/12/2024
5/12/2025

EACH OCCURRENCE
$ 10,000,000

AGGREGATE
$ 10,000,000
DEC 1 RETENTION $
$
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N I A
SD 5055233 04
5/12/2024
5/12/2025

X STATUTE FFRH
E.L. EACH ACCIDENT
s 1,000,000
E.L. DISEASE - EA EMPLOYEE
S 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
A
A
Pollution Liability
Professional Liab.

ECP2026303-16
ECP2026303-16
5/12/2024
5/12/2024
5/12/2025
5/12/2025
Limit
Limit
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Beaumont, its elected and appointed officers, officials, employees, agents and volunteers are additional insured as their interest may appear as respects the operation of the Named Insured as required by written contract/agreement per the attached forms. Waiver of Subrogation applies to the General Liability per the attached form.30 Days' Notice of Cancellation to certificate holder, 10 days for non-payment of premium.

CERTIFICATE HOLDER
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
f!6"'
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF SUBROGATION
(TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US)

AUTOMATIC STATUS - COVERAGE A, B & D
Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
5/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:

ENVIRONMENTAL COMBINED POLICY
I. The following is added to Paragraph 17. Subrogation of SECTION VII - CONDITIONS:

We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D — CONTRACTORS POLLUTION LIABILITY under this policy.

Such waiver by us applies only if:

1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and

2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss.

This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent.

This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.

ECP 1260 01 21
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS - COMPLETED OPERATIONS — COVERAGE A, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
05/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:

ENVIRONMENTAL COMBINED POLICY
I. SECTION III - WHO IS AN INSURED is amended to include as an additional insured:

1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and

2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.

Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.

Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products -completed operations hazard.

However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and
c. WiII not extend beyond that which is provided to you in this policy.

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

This insurance does not apply to:
a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services.

III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:

The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement described in Paragraph I.1.; or

2. Available under the applicable limits of insurance;
whichever is less.

This endorsement shall not increase the applicable limits of insurance.

IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - ECP 1248 01 21
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REPORTING, DEFENSE, SETTLEMENT & COOPERATION:

1. Duties — Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.

V. SECTION VII — CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:

1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and

2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.

However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.

VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.

ECP 1248 01 21
Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
05/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:

ENVIRONMENTAL COMBINED POLICY
I. SECTION III - WHO IS AN INSURED is amended to include as an additional insured:

1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and

2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.

Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.

Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above.

However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and
c. Will not extend beyond that which is provided to you in this policy.

A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed.

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

This insurance does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
ECP 1246 01 21
•
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(2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:

The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement described in Paragraph I.1.; or

2. Available under the applicable limits of insurance;
whichever is less.

This endorsement shall not increase the applicable limits of insurance.

IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - REPORTING, DEFENSE, SETTLEMENT & COOPERATION:

1. Duties -- Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit;
b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.

V. SECTION VII — CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:

1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and

2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.

However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.

VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.

ECP 1246 01 21
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BEAUMONT
-CALIFORNIA-
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
Vincent Lopez, Project Manager
DATE June 4, 2024
SUBJECT: Agreement for Environmental Consulting Services for the Cherry Channel Drainage Project
Description Award a Professional Services Agreement (PSA) to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project.

Background and Analysis:

The City of Beaumont is in the process of preparing engineering design plans to line the Cherry Channel with concrete. The Cherry Channel Drainage Project is an existing trapezoidal earthen channel along Cherry Avenue between Cougar Way and Oak Valley Parkway. The existing channel is lined with a turf -reinforced geo-mat along the side slope and channel bottom. The existing geo-mat is in poor condition with many sections torn or missing. The channel is adversely affected by urban runoff.

The constant supply of nutrient -rich runoff has increased the City's maintenance cost and efforts. The City is seeking to alleviate this increased cost and efforts by lining the section of the channel with concrete. The Project's alignments and grades will be maintained, as well as all existing junction structures for the Channel.

On November 20, 2023, the City Council awarded an agreement to EXP for the engineering design of the Channel. The design of the Channel is currently 30% completed pending any outcomes and finding from the environmental document. Once the environmental document is completed, any findings will be incorporated into the design to complete the plans and specifications.

On February 12, 2024, the City published the request for proposals (RFP) for Environmental Consulting Services in the Public Purchase (City's Procurement System) and the Press Enterprise (local newspaper). On March 1, 2024, the City also published answers to questions posted by interested proposers to the RFP. The proposal due date was extended to March 28, 2024, via Addendum No. 2.

On March 28, 2024, the City received nine (9) proposals from qualified consulting firms interested in providing professional Environmental Consulting Services for the Cherry Channel:
• Compass Consulting
• Jennings Environmental, LLC
• Michael Baker International
• MIG
• Psomas
• The Chambers Group
• UES
• Watearth
• Albert A. Webb and Associates
On April 19, 2024, Staff finalized evaluations and ranked these firms based on top score. Staff opened the top -ranked firm's cost proposal and reviewed its fees. Based on price, the top -ranked firm's cost proposal exceeded the City allocated budget for this service and, therefore, proceeded to open the second -ranked firm's cost proposal. Upon review of this cost proposal, staff scheduled a meeting with The Chambers Group to negotiate their proposed scope of services and fees.

On May 3, 2024, The Chambers Group submitted a revised scope of services and cost proposal to the City. The revised scope of services and cost proposal is commensurate with the scope and fee for the Environmental Consulting Services required for this Project. The cost proposal includes optional items that may be needed pending the results of some of the environmental investigations. If these items are not needed, this will result in a decrease in the final price. Based on the schedule included in the original proposal, The Chambers Group anticipates a six-month duration for submission of the final environmental document, jurisdictional delineation, and preparation of regulatory permit applications.

Fiscal Impact:

The cost of preparing this staff report is estimated to be $750.

The Chambers Group's cost to prepare and complete the required environmental documents is $164,566. Funding for the Project is provided by CIP project R-07 Cherry Channel Drainage. The following is a summary of the project accounting.

R-07 Cherry Channel Drainage Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
FY 21/22
General Funds
$750,000
Total Project Funding = $750,000
Budget Summary
Paid to
Remaining
Project Component
Budget
Encumbered
Date
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$7,930
($7,930)
($7,930)
$0
Environmental
$165,000
$0
$0
$165,000
Design
$100,000
$0
$0
$100,000
Construction
$455,000
$0
$0
$455,000
Construction Management
$0
$0
$0
$0
Permits
$22,070
$0
$0
$22,070
Equipment
$0
$0
$0
$0
$0
$0
$0
$0
Project Summary Totals
$750,000
($7,930)
($7,930)
$742,070
Recommended Action:

Award a Professional Services Agreement to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project in an amount not to exceed $164,566.

Attachments:

A. Proposal — The Chambers Group
B. Professional Services Agreement — The Chambers Group C. Levine Act Statement

BEAUMONT
-CALIFORNIA-
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE June 4, 2024
SUBJECT: Agreement for Professional Engineering Services for the I-10 and Oak Valley Parkway Interchange
Description Award a Professional Services Agreement (PSA) to Dokken Engineering for Professional Engineering Services to complete the Project Approval/ Environmental Document (PA/ED) phase of the 1-10 and Oak Valley Parkway Interchange Project.

Background and Analysis:

The California Department of Transportation's (Caltrans) approval process consists of various phases to complete new interchange projects. The first phase in their process is the Project Study Report — Project Development Support (PSR-PDS) document which identifies several interchange configuration alternatives. The second phase in the Caltrans approval process is the PA/ED, which results in the selection of a single alternative and the completion of all environmental documentation, including the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance. The third phase in this process is the Plans, Specifications, and Estimates (PS&E) which produce the final engineering design and construction documents needed to advertise the project for construction. All phases require Caltrans' approval and a significant amount of funding.

The City of Beaumont is currently in the PA/ED phase of the Caltrans process for the l- 10 and Oak Valley Parkway Interchange project. In addition to completing the Environmental Impact Report (EIR), the PA/ED phase will also advance preliminary engineering design (up to 30%), the Caltrans-required traffic analysis, geotechnical reports, and associated studies.

The I-10 and Oak Valley Parkway Interchange project will reconstruct the east and westbound entry ramps and widen Oak Valley Parkway within the Caltrans right-of-way to increase the capacity of the general area to reduce local street congestion and accommodate projected growth in the area.

On December 21, 2023, the City published the request for proposals (RFP) for Professional Engineering Services in the Public Purchase (City's Procurement System) and the Press Enterprise (local newspaper). On January 18, 2024, the City also published answers to questions posted by interested proposers to the RFP.

On February 1, 2024, the City received six (6) responses to the RFP from qualified consulting firms interested in providing Professional Engineering Services for the I-10 and Oak Valley Parkway Interchange Project. Over the following weeks, Staff reviewed, evaluated, and scored these proposals. During the week of February 26, 2024, the City held interview presentations with the top three ranked firms as part of the Caltrans consultant selection process.

As a result of these interviews, the City entered negotiations with the top -ranked firm according to the Caltrans Local Assistance Procedures Manual (LAPM). Per the LAPM, the cost proposal for the most qualified consultant was opened and used to begin negotiations. Negotiations regarding the scope of service and price continued for over a month with the top -ranked firm.

On April 26, 2024, the City met with this firm to discuss some of their services and final price. Later that day, the firm submitted its final price to complete this phase of the project. Unfortunately, the City and the firm were not able to reach an agreement on price, and negotiations with this firm ended. On April 29, 2024, a Letter of Appreciation for responding to the RFP was sent to this firm.

It is important to note the Caltrans consultant selection process as specified in the LAPM can be arduous. Per the LAPM, if an agreement cannot be reached with the top - ranked firm, then negotiations proceed to the next most qualified consultant. Each consultant's cost proposal must remain sealed until negotiations commence with that consultant. The goal of negotiations is to agree on a final contract that delivers the services, or products required at a fair and reasonable cost to the Local Public Agency or City. After successful cost negotiations, all remaining sealed envelopes containing cost proposals must be returned to the consultants.

Continuing with the Caltrans process for consultant selection, the City immediately notified the second -ranked firm and began negotiations. On May 1, 2024, the City met with Dokken Engineering to review the scope of services and negotiate costs. Staff emphasized and requested that the prices in their cost proposal be all-inclusive and to revisit some of their costs for certain items in their proposal. On May 3, 2024, Dokken Engineering submitted its revisions and final cost proposal price of $1,989,526. Based on the scope of services requested in the City's RFP, Dokken Engineering's cost proposal is commensurate with the scope and fee for completing the PA/ED phase of the Project. The cost proposal includes planned items that may be needed pending the

results of some of these studies. If these items are not needed, this will result in a decrease in the final price. Based on the schedule included in their proposal, Dokken Engineering anticipates 36 months to complete this phase with Caltrans approvals.

During the PA/ED phase, the City anticipates bringing the following future items before the City Council for discussion:
• Alternatives/Design Configurations
• Preferred Alternative
• Funding
• Plans, Specifications, & Estimates (PS&E) Award
The following are the anticipated milestones related to this PA/ED phase:
• PA/ED Kickoff: End of June 2024
• Preferred Alternative: June 2026
• PA/ED Completion: June 2027
Fiscal Impact:

The cost to prepare this staff report is estimated to be $750. Dokken Engineering's cost proposal to complete the PA/ED phase is $1,989,526. Staff is also requesting a ten percent (10%) contingency in the amount of $199,000 for any unforeseeable costs for additional new studies and reports Caltrans may require during the 36 -month duration to complete the PA/ED phase for a total encumbrance of $2,188,526. Funding for this phase of the Project is allocated from CIP 2017-0271-10 and Oak Valley Parkway Interchange project. This Project currently has a budget of $6,412,113 in Transportation Uniform Mitigation Fees (TUMF) via a Credit Agreement with Pardee Homes and Development Impact Fees (DIF) for both the PA/ED, PS&E, and ROW phases. Please refer to the following summary table for reference.

2017-027 I-10 Oak Valley Parkway Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
TUMF agreement with
19/20
Pardee
$6,390,000
17/18
Development Impact Fees
$22,113
Total Project Funding = $6,412,113
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$38,000
($30,870)
($22,113)
$7,130
Environmental
$2,200,000
$0
$0
$2,200,000
Design
$2,730,000
$0
$0
$2,730,000
Construction
$1,444,113
$0
$0
$1,444,113
Construction Management
$0
$0
$0
$0
Permits
$0
$0
$0
$0
Equipment
$0
$0
$0
$0
$0
$0
$0
$0
Project Summary Totals
$6,412,113
($30,870)
_ ($22,113)
$6,381,243
Recommended Action:

Award a Professional Services Agreement (PSA) to Dokken Engineering to provide Professional Engineering Services to complete the PA/ED phase of the I-10 and Oak Valley Parkway Interchange Project in the amount of $1,989,526 and authorize the City Manager to approve up to a ten percent (10%) contingency of $199,000 for unforeseeable new Caltrans requirements during the PA/ED phase for a total amount not to exceed $2,188,526.

Attachments:

A. Proposal — Dokken Engineering
B. Professional Services Agreement — Dokken Engineering C. Levine Act Statement

BEAUMONT
-C A L I F O R N I A -
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
Vincent Lopez, Project Manager
DATE June 4, 2024
SUBJECT: Agreement for Environmental Consulting Services for the Cherry Channel Drainage Project
Description Award a Professional Services Agreement (PSA) to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project.

Background and Analysis:

The City of Beaumont is in the process of preparing engineering design plans to line the Cherry Channel with concrete. The Cherry Channel Drainage Project is an existing trapezoidal earthen channel along Cherry Avenue between Cougar Way and Oak Valley Parkway. The existing channel is lined with a turf -reinforced geo-mat along the side slope and channel bottom. The existing geo-mat is in poor condition with many sections torn or missing. The channel is adversely affected by urban runoff.

The constant supply of nutrient -rich runoff has increased the City's maintenance cost and efforts. The City is seeking to alleviate this increased cost and efforts by lining the section of the channel with concrete. The Project's alignments and grades will be maintained, as well as all existing junction structures for the Channel.

On November 20, 2023, the City Council awarded an agreement to EXP for the engineering design of the Channel. The design of the Channel is currently 30% completed pending any outcomes and finding from the environmental document. Once the environmental document is completed, any findings will be incorporated into the design to complete the plans and specifications.

On February 12, 2024, the City published the request for proposals (RFP) for Environmental Consulting Services in the Public Purchase (City's Procurement System) and the Press Enterprise (local newspaper). On March 1, 2024, the City also published answers to questions posted by interested proposers to the RFP. The proposal due date was extended to March 28, 2024, via Addendum No. 2.

On March 28, 2024, the City received nine (9) proposals from qualified consulting firms interested in providing professional Environmental Consulting Services for the Cherry Channel:
• Compass Consulting
• Jennings Environmental, LLC
• Michael Baker International
• MIG
• Psomas
• The Chambers Group
• UES
• Watearth
• Albert A. Webb and Associates
On April 19, 2024, Staff finalized evaluations and ranked these firms based on top score. Staff opened the top -ranked firm's cost proposal and reviewed its fees. Based on price, the top -ranked firm's cost proposal exceeded the City allocated budget for this service and, therefore, proceeded to open the second -ranked firm's cost proposal. Upon review of this cost proposal, staff scheduled a meeting with The Chambers Group to negotiate their proposed scope of services and fees.

On May 3, 2024, The Chambers Group submitted a revised scope of services and cost proposal to the City. The revised scope of services and cost proposal is commensurate with the scope and fee for the Environmental Consulting Services required for this Project. The cost proposal includes optional items that may be needed pending the results of some of the environmental investigations. If these items are not needed, this will result in a decrease in the final price. Based on the schedule included in the original proposal, The Chambers Group anticipates a six-month duration for submission of the final environmental document, jurisdictional delineation, and preparation of regulatory permit applications.

Fiscal Impact:

The cost of preparing this staff report is estimated to be $750.

The Chambers Group's cost to prepare and complete the required environmental documents is $164,566. Funding for the Project is provided by CIP project R-07 Cherry Channel Drainage. The following is a summary of the project accounting.

R-07 Cherry Channel Drainage Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
FY 21/22
General Funds
$750,000
Total Project Funding = $750,000
Budget Summary
Project Component
Budget
Encumbered
Paid to
Remaining
Date
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$7,930
($7,930)
($7,930)
$0
Environmental
$165,000
$0
$0
$165,000
Design
$100,000
$0
$0
$100,000
Construction
$455,000
$0
$0
$455,000
Construction Management
$0
$0
$0
$0
Permits
$22,070
$0
$0
$22,070
Equipment
$0
$0
$0
$0
•
$0
$0
$0
$0
Project Summary Totals
$750,000 ,
($7,930)
($7,930)
$742,070
Recommended Action:

Award a Professional Services Agreement to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project in an amount not to exceed $164,566.

Attachments:

A. Proposal — The Chambers Group
B. Professional Services Agreement — The Chambers Group C. Levine Act Statement

C24-56
Scope of Service: Chambers Group: Professional environmental consulting services for the preparation and submission of the Environmental document Professional Services
Ord. 1160; Chapter 3.02
NTE $74,999.99 (Approval by CM)
❑ Quote (submit to City Clerk's Office for next steps)
❑Certificate of Insurance**
❑ Fully Executed Agreement
❑ Req must be entered & PO issued prior to order being placed.

Over $75,000
® Formal RFP or approved exception*
❑ Interviews and selection made (submit to City Clerk's Office for next steps) ❑ Subcommittee review
• Certificate of Insurance**
® Staff Report for City Council approval
• Fully Executed Agreement
❑ Req must be entered & PO issued prior to services commencing.

Insurance Requirements for Services
General Liability (GL) - $1,000,000/ $2,000,000
Business Auto Liability (AL) - $1,000,000/ $2,000,000
Workers Comp (WC) - $1,000,000
Professional Liability (PI / E&O) - $2,000,000
Additional Insured required for GL & AL
Waiver of Subrogation required for GL, AL & WC
*Approved Exception List
❑ Legal Services
❑ Emergencies
❑ No competitive market
❑ No responses received
❑ Bidding already completed (Consortium)
Refer to Provisions for Bidding, Contracting and Purchases, Chapter 3.01. -Bidding Requirements Max 7 years: 5 -year w/two 1 -year renewals

Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 City of Beaumont Contract Number:

C24-56.1 Amendment #1

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY

INDEPENDENT CONTRACTOR

THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon signature by and between the CITY OF BEAUMONT ("CITY"), a general law city, and THE CHAMBERS GROUP (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:

A. On June 4, 2024, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor ("Agreement") to provide Environmental Document, jurisdictional delineation, and applications for regulatory permitting; and
B. The CITY and CONTRACTOR now desire to amend the agreement to amend the term of the agreement, not to exceed amount and add an additional proposal as Exhibit A 1

AMENDMENT
Section 1. Term of Agreement in accordance with Section 1 of the Agreement, the parties agree to extend the term of the Agreement to September 30, 2025. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate September 30, 2025, unless earlier terminated by the parties in accordance with the Agreement or extended by the parties of the Agreement is hereby amended as follows:

CONTRACTOR agrees to provide the services ("Services") as follows: Additional Environmental Consulting Services ("Services") per Exhibit "A" dated January 7, 2025, and any other services which the City may request in writing. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.

CONTRACTOR designates Mike McEntee as CONTRACTOR's professional responsible for overseeing the Services provided by CONTRACTOR.

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original agreement, compensation was for a not to exceed amount of One Hundred Sixty -Four Thousand Five Hundred Sixty -Six dollars ($164,566). Per this First Amendment, compensation is increased by the amount of Nine Thousand Six Hundred dollars ($9,600), to be billed in accordance with the Proposal attached hereto as "Exhibit A-1" resulting in total compensation under the Agreement not

Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 City of Beaumont Contract Number:

C24-56.1 Amendment #1
to exceed One Hundred Seventy -Four Thousand One Hundred Sixty -Six dollars ($174,166).

Exhibit A-1, Proposal attached hereto, is added to the Agreement and incorporated by this reference.

The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.

Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 City of Beaumont Contract Number:

C24-56.1 Amendment #1
IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.

SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR

SERVICES BY INDEPENDENT CONTRACTOR

CITY OF BEAUMONT
CITY:

CITY OF BEAUMONT
CONTRACTOR:

THE CHAMBERS GROUP
CDocnSigned by
By: li
Mike McEntee
By: Print Name:

Mike Lara, Mayor
Title:

CEO

Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 City of Beaumont Contract Number:

C24-56.1 Amendment #1
EXHIBIT "A-1"

PROPOSAL

Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 Cherry Channel SDAM Modeling
City of Beaumont
Vincent Lopez, Project Manager
City of Beaumont
550 East 6th Street
Beaumont CA 92223

CHAMBERS
GROUP
January 7,2025
21492
Project: Change Order #1: SDAM Modeling for the Beaumont Cherry Channel Project Dear Vincent,
Following the pre -application meeting with Jim Mace with the U.S. Army Corps of Engineers (USACE) on December 13 ,2024, it was determined that the jurisdictional delineation that Chambers Group conducted for the Cherry Channel Project (Project) would either be considered a preliminary jurisdictional delineation that considered water indicators as waters present, or the City of Beaumont (City) could conduct a new modeling application (Streamflow Duration Assessment Model, SDAM) that the USACE has adopted that is not a common practice to determine whether the site could be considered outside of USACE jurisdiction. This modeling requires field surveys that collect information regarding the presence or absence of indicator macroinvertebrates, slope, and water depth, regardless of how frequently water flows. It was discussed that although the majority of the channel remains dry, recent regulations do not take into account the source of the water, so even artificial sources such as sprinklers or commercial and residential runoff are considered a source of water input. The modeling would be required to rule out jurisdiction. Chambers Group will conduct a field survey to collect this information required to input in the model to determine whether the channel would be considered jurisdictional to USACE. Chambers Group cannot foresee or guarantee the outcome of the modeling, either jurisdictional or not. Chambers Group would provide the online results to the City and will coordinate with USACE the findings. Coordination with USACE would continue under the existing task for agency coordination and is not included as part of this task. The cost for the field survey and modeling will be billed on a fixed fee basis and is outlined below.

Tasks
Cost
Task 5.1: SDAMP Field Survey
$4,578.00
Task 5.2: SDAMP Form
$5,022.00
Total
$9,600.00
Authorization
All services proposed under this Change Order Number _01 , will be performed in accordance with the terms and conditions as set forth in the Agreement number: C24-56, dated June 2024. Chambers Group considers the pricing and other business information the property of Chambers Group. This proposal and the information contained herein shall not be used for any purpose other than as specifically stated and shall not be disclosed to any other party without Chambers Group's written consent.

If this scope of work and cost meet with your satisfaction, please execute this letter and return it to Chambers Group as our authorization to begin work. The schedule and cost quoted herein are valid for 30 days. et- Est
"'"•W 1979
CGI21492
Paae www.crram� bersgrofupinc com

Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 Cherry Channel SDAM Modeling
City of Beaumont

CHAMBERS
GROUP
Thank you for the opportunity to provide this proposal, and we look forward to having the opportunity to continue working with you. Please call or email me if you have any questions or comments regarding this change order at:
949.261.5414: x7325 [email protected].

Sincerely,
CHAMBERS GROUP, INC.

Eunice Bagwan
Project Manager
e'- Est
"'"•W 1979
CGI21492
Authorized By:

City of Beaumont
Signature
Date
2 Paae www.cn'am� ber grroupinc com

BAUME ONT
-c A L I F O R N I A
Staff Report
TO: City Council
FROM: Doug Story, Community Services Director
Darron Usher, Principal Management Analyst
DATE March 4, 2025
SUBJECT: Approval of Memorandum of Understanding (MOU) and Adoption of Resolution between the City of Beaumont and the Beaumont —Cherry Valley Recreation and Park District for Special Event Fee Waivers Description Special Event Fee waivers provided to the Beaumont -Cherry Valley Recreation and Park District for annual events held within the City of Beaumont.

Background and Analysis:

The City of Beaumont and the Beaumont -Cherry Valley Recreation and Park District (BCVRPD) have a longstanding partnership to enhance recreational opportunities and community engagement through events held at City facilities and parks. Each year, BCVRPD organizes approximately 4-5 events, contributing to the cultural and social enrichment of the Beaumont community.

The fees for these special events vary based on the size of the event, location, and how much staff time is needed.

To support these events, the City has historically waived fees associated with permit processing, plan reviews, and staff time. Additionally, police department services are occasionally required to ensure the safety and security of event attendees. This MOU formalizes the City's continued support by providing:
• Waivers for fees incurred for permits, plan reviews, and staff time related to the processing of event applications.

Actions
The proposed MOU outlines the terms and conditions of this partnership, ensuring a streamlined and transparent process for both parties. Key provisions include:
• Fee Waivers: Subject to the terms of the MOU, BCVRPD will be eligible for fee waivers for permits, plan reviews, and staff time of up to $5,000 per event and

$40,000 per fiscal year upon submitting a completed fee waiver form for each event.
• Term of Agreement: The MOU will take effect January 21, 2025, and will end on June 30, 2028, unless terminated earlier pursuant to the terms of the MOU.

This partnership aligns with the City's goals to support community -driven events and foster collaboration with local agencies.

Fiscal Impact:

The cost of preparing this staff report is estimated to be $400.

The MOU's fiscal impact includes waived fees for permits, plan reviews, and staff time, in amounts that shall not exceed $5,000 per event and shall not exceed a total of $40,000 per fiscal year without prior Council authorization.

While these costs are variable depending on event size and requirements, they are anticipated to be manageable within the City's existing budget for community support and public safety.

Recommended Action:

Approve the Memorandum of Understanding (MOU) between the City of Beaumont and the Beaumont -Cherry Valley Recreation and Park District (BCVRPD) for fee waivers associated with the use of City facilities and parks for special events; Waive the full reading and adopt by title only, "The City of Beaumont Authorizing the Waiver of the Major Special Event Permit Applications and Fees for the Beaumont - Cherry Valley Recreation And Park District"; and
Authorize the Mayor and/or City Manager to execute the MOU on behalf of the City of Beaumont.

Attachments:

A. Memorandum of Understanding between the City of Beaumont and Cherry — Valley Recreation and Parks District
B. Resolution
C. Special Event Fees

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF BEAUMONT
AND

THE BEAUMONT - CHERRY VALLEY RECREATION AND PARK DISTRICT This MEMORANDUM OF UNDERSTANDING ("Agreement") is entered into this 21St day of January 2025, by and between The City of Beaumont ("City") and the Beaumont — Cherry Valley Recreation and Park District ("BCVRPD") to establish a mutual agreement for waiving fees associated with the use of City facilities and parks for events organized by BCVRPD.

City and BCVRPD may be referred to individually as a "Party" and collectively as the "Parties."

RECITALS
WHEREAS, BCVRPD is a Special District that was established in 1972 to provide local park and recreation services and infrastructure.

WHEREAS, BCVRPD is operated through a locally elected board that works with local municipalities when conducting annual programs surrounding their district.

WHEREAS, BCVRPD holds -community events within the City of Beaumont that promote the enrichment of this special district by providing community members with programs of outstanding quality.

WHEREAS, the City finds that this Agreement will serve a valid public purpose by promoting health, entertainment, recreation, well-being, economic development and education within the community served by BCVRPD and the City of Beaumont.

WHEREAS, each event held within the City requires fees to process any permits needed for compliance with City code and to assist with staff time needed to process these permits.

WHEREAS, the City would like to establish this Agreement and create a fee waiver form to be utilized by BCVRPD when events are held within the City.

WHEREAS, the City would like to provide a monetary donation to BCVRPD to cover the costs associated with the use of the Beaumont Police Department at events held by the BCVRPD within the City.

WHEREAS, this Agreement will allow BCVRPD to use the monies that would otherwise be spent on City permit fees and police services to be placed back into the BCVRPD programs to increase the quality of the programs for the Beaumont residents.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged BCVRPD and City hereby agree as follows:

TERMS

1.0 Incorporation of Recitals.

1.1 The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2.0 Agreements.

2.1 This Agreement authorizes Beaumont City Staff to waive fees for permits, plan review, and staff time associated with BCVRPD events held within the City of Beaumont.

2.2 The Beaumont City Council hereby authorizes monetary donations, provided such donations are set forth in the City Council approved budget, to BCVRPD to cover the cost of Beaumont Police Department police services at BCVRPD events held within the City of Beaumont.

2.3 The Parties agree and confirm that the term of this Agreement will take effect on January 21, 2025, and end June 30, 2028. At the end of the term of this Agreement, the Parties can extend the term of this Agreement by mutual written agreement.

2.4 Notwithstanding anything herein to the contrary, the Parties agree and confirm that either Party may terminate this Agreement, with or without cause, by providing thirty (30) days written notice to the other Party.

3.0 Miscellaneous.

3.1 Authority to Enter 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.

3.2 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 CITY:

Doug Story
Director of Community Services
550 E. 6th Street
Beaumont, CA 92223
To BCVRPD:

Mickey Valdivia
General Manager, Contracts
390 W. Oak Valley Parkway
Beaumont, CA 92223

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.

3.3 Cooperation; Further Acts. The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3.4 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5 Indemnification. To the fullest extent permitted by applicable law, BCVRPD shall and does agree to indemnify, protect, defend (with counsel of City's choice) and hold harmless the City of Beaumont and its respective officers, directors, council members, employees, agents, agencies, departments, contractors, representatives, attorneys, successors, and assigns individually and collectively, from and against any and all liabilities, claims, damages, deaths, injuries, losses, liens, causes of action, suits, awards, judgments and expenses, attorney, expert and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from any BCVRPD activity or event held, sponsored or promoted by BCVRPD and/or its agents referred to in this agreement held in the City of Beaumont for which the City of Beaumont waived its City fees for such BCVRPD activity or event.

Notwithstanding anything to the contrary in this Agreement, BCVRPD is not obligated to indemnify, protect, defend, or hold harmless the City of Beaumont against any claims to the extent such injuries, losses, damages or expenses were caused solely by the negligence, recklessness or willful misconduct of the City of Beaumont and/or its respective officers, directors, council members, employees, agents, agencies, departments, contractors, representatives, attorneys, successors, and assigns individually and collectively.

3.6 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties.

3.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

3.8 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 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.

3.9 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.

3.10 No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

3.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.12 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding.

3.13 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with diligence to complete all covenants and conditions.

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

3.15 Entire Agreement. This Agreement contains the entire agreement between Parties and supersedes any prior oral or written statements or agreements between Parties regarding the limited subject matter stated within this Agreement.

3.16 Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

[SIGNATURES OF PARTIES ON NEXT PAGE]

SIGNATURE PAGE
TO

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF BEAUMONT
AND

THE BEAUMONT - CHERRY VALLEY RECREATION AND PARK DISTRICT IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

City of Beaumont
By:

Its:

ATTEST:

By:

Its:

Beaumont — Cherry Valley Recreation and Park
District
By:

GENERAL MANAGER
APPROVED AS TO FORM:

By:

GENERAL COUNSEL

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY OF BEAUMONT

AUTHORIZING THE WAIVER OF THE MAJOR SPECIAL EVENT

PERMIT APPLICATIONS AND FEES FOR THE BEAUMONT-CHERRY

VALLEY RECREATION AND PARK DISTRICT
WHEREAS, the Beaumont —Cherry Valley Recreation and Park District ("BCVRPD") is a nonprofit special district established to enhance recreational opportunities and infrastructure for the community; and
WHEREAS, BCVRPD organizes annual community events that promote cultural, social, and recreational enrichment for the residents of the City of Beaumont ("City"); and WHEREAS, these events contribute to community engagement and align with the City's goals of supporting local partnerships and fostering community -driven initiatives; and WHEREAS, the City has historically supported these events by waiving fees for permits, plan reviews, and staff time required for event applications and processing; and WHEREAS, the City recognizes that providing such support allows BCVRPD to allocate more resources toward enhancing the quality of its programs and events for the benefit of Beaumont residents; and
WHEREAS, this Resolution formalizes the City's continued support of BCVRPD events through a Memorandum of Understanding ("MOU") for a term of three years, terminating on June 30, 2028, unless extended or terminated earlier by mutual agreement; and WHEREAS, the MOU includes provisions for fee waivers for permits, plan reviews, and staff time, as well as monetary support to offset the costs of police personnel when deemed necessary for events.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT AS FOLLOWS:

1. Authorization of Fee Waivers The City shall provide fee waivers for permits, plan reviews, and staff time associated with events organized by BCVRPD, contingent upon the submission of a completed fee waiver form for each event.

2. Monetary Support for Police Services The City shall provide monetary donations to cover police personnel costs required for BCVRPD events, subject to prior approval and documentation of need.

3. Term of Agreement The fee waiver and monetary support provisions authorized by this Resolution shall remain in effect for a period of three years, terminating on June 30, 2028, unless extended or terminated earlier by mutual agreement.

4. Execution of MOU The Mayor and/or City Manager is hereby authorized to execute the 1 PRgg61540 of 0595

Memorandum of Understanding between the City and BCVRPD on behalf of the City of Beaumont.

5. Effective Date This Resolution shall take effect immediately upon its adoption.

MOVED, PASSED AND ADOPTED this 4th day of March 2025.

AYES:

NOES:

ABSTAIN:

ABSENT:

By:

Mike Lara, Mayor, City of
Beaumont
1 PRgg61544 of 6595

ATTEST:

Nicole
Wheelwright
DEPUTY

CITY CLERK
By:
1 PRgg6154 of 6595

SPECIAL EVENT PERMIT
Planning Fees
• Minor Special Event Permit- $500 deposit with charges at the fully allocated hourly rates for all staff involved plus any outside costs. • Major Special Event Permit
$1,985 per application
Carnival/Circus/Menagerie- additional $455 per application • Events of more than 1,000 people- $5,000 deposit with fully allocated hourly rates for all the staff involved plus any outside costs
Miscellaneous Special Event Permit- $1,000 per application Fire Fees
• Special Event with tents and/or canopies >400 sq. ft.- $300 Plan Check Fee & $300 Fire Inspection Fee
• Special Event with NO tents and/or canopies- $150 Plan Check Fee & $150 Fire Inspection Fee .
• Carnivals & Fairs- $300 Plan Check Fee & $300 Fire Inspection Fee Requirements

1. Please submit your application:
• At least 60 working days prior to the opening date of the event for Major Special Events
• At least 30 working days prior to the opening date of the event for Minor Special Events
• At least 7 working days prior to the event for Miscellaneous Special Events

2. All vendors shall have a City of Beaumont Business License. Please be aware that Business License Applications should be submitted at least 2 weeks prior to the event.

3. For events on Public Property (i.e., Parks) a Facility Use Permit may be required to be submitted and approved by the
Community Services Department. If you want to have your event at a City Facility, please check with Community
Services regarding availability prior to completion.

4. Any signs wanted for the event must be approved by the Community Development Department and must meet the
requirements of the Municipal Code.
s. Violations of any conditions issued as part of your approval may lead to immediate revocation and possible fines.

6. All non-profit vendors/applicants shall apply for a standard annual business license which shall be issued at no charge. (With submittal of 501c3 letter)
*For definitions of types of special events, see Municipal Code Section

9.03.020*

BAUME ONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE March 4, 2025
SUBJECT: Approval of Financing Team for Upcoming Bond Issuances and Refinancing
Description Review and approval of recommended financing team for upcoming bond issuances and refinancing.

Background and Analysis:

The City of Beaumont periodically issues bonds and conducts refinancing to fund critical infrastructure improvements and optimize its debt portfolio. To facilitate these financial transactions, it is essential to assemble an experienced financing team that can provide strategic guidance, legal compliance, and underwriting services.

DISCUSSION
To ensure the City achieves the best possible financing terms and maintains compliance with all applicable regulations, the following firms have been selected based on their extensive experience and expertise in municipal finance:

1. Financial Advisor: Urban Futures, Inc. — Responsible for advising on financing strategies, structuring bond issuances, and ensuring the City achieves the best possible financing terms.

2. Underwriter: Stifel — Responsible for marketing and selling the bonds to investors, ensuring successful placement in the market.

3. Bond Counsel: Stradling Yocca Carlson & Rauth LLP — Responsible for ensuring legal compliance, drafting necessary bond documents, and providing legal opinions regarding the bond issuance.

Each of these firms has successfully supported similar financing efforts for other California cities as well as previous financing for the City of Beaumont. Their expertise will and has helped the City optimize borrowing costs, maintain compliance with all applicable regulations, and effectively manage its debt portfolio.

The proposed engagement letters attached are temporary for the remainder of Fiscal Year 2025. A Request for Proposals will be posted for these services in May 2025 for future years.

Fiscal Impact:

The costs associated with the financing team's services will be included in the costs of bond issuance and will not have a direct impact on the City's General Fund. These costs will be assessed as part of each bond transaction and are standard within municipal bond financing.

The estimated cost to prepare this report is $185.

Recommended Action:

It is recommended that the City Council approve the selection of the financing team, consisting of a Financial Advisor, Underwriter, and Bond Counsel, for upcoming bond issuances and refinancing to ensure efficient and cost-effective financing for the City of Beaumont's capital projects and debt management and authorize the City Manager to sign engagement letters for transactions.

Attachments:

A. List of Upcoming Bond Issuances and Refinancing
B. Urban Futures Qualifications
C. Urban Futures Engagement Letter WW Refinancing
D. Urban Futures Engagement Letter CFD Refinancing
E. Stifel Engagement Letter
F. Stradling Statement of Qualifications
G. Stradling Engagement Letter
H. Stradling Engagement Letter Supplement

CFD Bonds Eligible to be Refinanced in 2025

1. Beaumont Financing Authority (Improvement Area 7A1) 2015 Local Agency Refunding Revenue Bonds, Series A

2. Beaumont Financing Authority (Improvement Area 19A) 2015 Local Agency Refunding Revenue Bonds, Series B

3. Beaumont Financing Authority (Improvement Area 18) 2015 Local Agency Refunding Revenue Bonds, Series C

4. Beaumont Financing Authority (Improvement Area 16) 2015 Local Agency Refunding Revenue Bonds, Series D

5. City of Beaumont CFD 93-1 (Improvement Area 8B) Special Tax Refunding Bonds, Series 2017A

6. City of Beaumont CFD 93-1 (Improvement Area 14A) Special Tax Refunding Bonds, Series 2017A

7. City of Beaumont CFD 93-1 (Improvement Area 14) Special Tax Refunding Bonds, Series 2017A

8. City of Beaumont CFD 93-1 (Improvement Area 8) Special Tax Refunding Bonds, Series 2017A

9. City of Beaumont CFD 93-1 (Improvement Area 17C) 2018 Special Tax Bonds

10. City of Beaumont CFD 93-1 (Improvement Area 8C) 2018 Special Tax Bonds

11. City of Beaumont CFD 93-1 (Improvement Area 8D) 2018 Special Tax Bonds

12. City of Beaumont CFD 93-1 (Improvement Area 7B) 2018 Special Tax Bonds

13. City of Beaumont CFD 93-1 (Improvement Area 7D) 2018 Special Tax Bonds

14. City of Beaumont CFD 93-1 (Improvement Area 8E) 2018 Special Tax Bonds

15. City of Beaumont CFD 2016-1 (Fairway Canyon) 2019 Special Tax Bonds

16. City of Beaumont CFD 2016-2 (Sundance) 2019 Special Tax Bonds

17. City of Beaumont CFD 2016-4 2019 Special Tax Bonds
Wastewater Bonds Eligible to be Refinanced in 2025

18. Beaumont Public Improvement Authority Wastewater Revenue Bonds, Series 2018A

BEAUMONT

CALIFORNIA
City of Beaumont
Municipal Advisory Qualifications
Urban Futures, Inc.

February 2025
UFI
Financial Solutions
Public Finance I Public Management I Analytics & Compliance

eSUFI
Financial Solutions
Jennifer Ustation, Finance Director
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Dear Jennifer,
Urban Futures, Inc. (UFI) is pleased to submit this summary of qualifications to the City of Beaumont (the City) for the purpose of providing objective, independent municipal advisory services to the City on upcoming refunding transactions for the City's CFD program and wastewater utility. We feel privileged to have had a long-standing relationship with the City since 2015, and we are eager to continue working with you on these upcoming important assignments.

Since 1972, our firm has strived to offer the highest level of service, technical skills, innovation, and local knowledge to California municipalities. We advocate on behalf of our clients and keep our clients informed regarding advancements in public financing, current interest rate trends, and relevant new State and Federal legislation that could affect our California clients' financing choices. We are prepared to assist the City with each phase of the upcoming engagements from planning, project prioritization through transaction closing. The following is a summary of our distinguishing expertise and services:
• Local and Relevant Experience: UFI and its staff have long maintained an active presence assisting communities in Riverside County, going back to the incorporation of the City ofJurupa Valley in 2011, during which time Michael Busch served as the City's first finance director. In addition to our work with the City, we have extensive experience working with the Cities of Lake Elsinore, Desert Hot Springs, Menifee, Coachella, and Calimesa. Most recently, we were engaged by the Cities of Eastvale and San Jacinto to assist with capital planning and financing services for civic center projects. In addition, we regularly engage with cities with large and diverse CFD programs, such as the City of Ontario. • Leading Municipal Advisor: Since 2017, no financial advisory firm has managed more bond transactions in California than UFI. As a leading financial advisor in the State, UFI is in the market virtually every week. This experience keeps us apprised of the latest market trends and pricing conditions, thus enabling us to offer the City the highest level of service on its upcoming financing transactions. • Experienced Personnel: UFI's financial advisors and consultants include former city finance directors, public administrators, city attorneys, public finance investment bankers, and rating agency analysts, allowing us to offer the City a comprehensive and multi -disciplinary blend of qualifications and resources. The UFI municipal advisory team assigned to Beaumont, consisting of Michael Busch and Branden Kfoury, has assisted the City with over $340 million of debt issuances since 2017, allowing us to develop a deep understanding of the City, its priorities and objectives. • Technical Competence: Providing our clients with responsive and high -quality analytical services is central to our corporate mission. UFI is staffed with financial advisors who have extensive financial modeling experience, and we have built proprietary financial models and fiscal impact studies that are tailored to our client's needs. We take a proactive approach to our work, bringing innovative and data -driven financial solutions to our clients.
• Responsiveness and Community Engagement. We understand that our clients have many competing priorities, are often short-staffed, and can be working under tight deadlines. We strive to serve as an extension of staff on our engagements and to reply within 24 hours of clients reaching out to us. UFI has a depth of experience presenting to public agency boards and participating in community engagement where constituents have a wide range of financing knowledge and buy -in. Our goal is to develop a financing strategy that best achieves the City's strategic objectives and, if desired, partner with staff to deliver effective communications to the City Council and public —distilling complex financing structures and processes into transparent and digestible presentations. 1

`SUFI
Financial Solutions
We appreciate the opportunity to work with the City on the proposed pooled CFD and wastewater bonds refunding.

Enclosed you will find a summary of our qualifications as well as engagement letters for each transaction. Should you have any questions or wish to discuss, please do not hesitate to reach out to us.

Sincerely,
Michael Busch, Chief Strategy Officer
Urban Futures, Inc.
(714) 923-3541
[email protected]
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City of Beaumont
Qualifications for Municipal Advisory Services
February 2025
Firm Overview

UFI IS A TOP -RANKED MUNICIPAL ADVISOR
Since 1972, Urban Futures, Inc. (UFI), has provided municipal advisory services to hundreds of California special districts, cities, redevelopment agencies, counties, schools, community colleges, and non -profits. UFI is registered as an Independent Registered Municipal Advisor (IRMA) with the Municipal Securities Rulemaking Board (MSRB) and the Securities and Exchange Commission (SEC). Our firm has been doing business for the past 52 years under the same name.

As stated above, UFI is one of the most active municipal advisors in the State. Since 2017, we have completed more transactions than any other firm in California as shown in the table to the right.

Top Municipal Advisors for CA Municipal Bonds
(January 1, 2017 - Present)
Rank
Firm
No. of
Issues
1 Urban Futures Inc
2 Fieldman Rolapp & Associates
3 KNN Public Finance
4 PFM Financial Advisors LLC
5 Public Resources Advisory Group
831
552
439
411
252
Source: SDC Platinum (Thomson Reuters)
Our firm has 20 employees, 16 of which are municipal advisory professionals that have all passed the MSRB Series 50 Municipal Advisor (MA) Representative examination. UFI combines a top -ranked municipal advisory practice with a financial consulting practice that has decades of public finance and executive -level government experience. Clients engage our firm to provide a range of services, including municipal advisory assignments for debt issuance across a multitude of credits, capital funding analysis and preparation of finance plans, and non -municipal advisory services including post -issuance compliance financial forecasting, tax and revenue analysis, and development of fiscal strategies. UFI provides these services through three divisions:

Public Finance Group ("PFG") provides municipal advisory services, debt analysis, financing plans, and access to capital markets for various transaction types, including Lease Revenue, Utility, Tax Increment, Utility, Community Facility Districts and Pension Obligation Bonds, as well as Private Placements, Public Private Partnerships (P3), and Enhanced Infrastructure Financing Districts (EIFDs). We help staff evaluate and implement various financing options for priority projects (including bonds, revolving lines of credit, and State and Federal loan programs) and refinancing opportunities. This group includes Isom Advisors, a division of UFI, that specializes in education financing.

Public Management Group' ("PMG") provides in-depth and insightful analysis of our client's financial history and current position, revenue and expense structures, long-term liabilities and risks, and fiscal outlook through the use of custom financial models, long-term forecasts, and fiscal assessment tools that integrate a wide variety of econometric, financial and demographic data with key metrics, benchmarks and best practices. More importantly, the diversity and experience of our PMG team enables UFI to transform the financial data and analysis into actionable management information, reports and plans that provide specific recommendations, and strategies supported by the analytics that help our clients achieve their goals and objectives.

Analytics and Compliance Group' provides services related to post -issuance compliance, including continuing disclosure, arbitrage rebate, and CDIAC reporting compliance. ' Non -Municipal Advisory Service
��UFI
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City of Beaumont
Qualifications for Municipal Advisory Services February 2025 Our Experience with the City
As stated previously, UFI feels privileged to have had the opportunity to work with the City over the last ten years.

We have served as municipal advisor on over $340 million of City issuances, which began in 2017 with the refunding of several of the City's CFD bonds. In addition to helping the City reorganize its debt and restructure its financial systems and practices, UFI was asked in 2018 to completely overhaul a prior long-term financial forecast the City had been unable to keep up to date because of its complexity and lack of good user interface. The forecast helped to reconcile inconsistencies between the City's previous labor costing data and budgeted personnel expenses and to identify opportunities for strengthening its general fund. Less than two years after emerging from the SEC investigation, UFI was engaged by the City to serve as financial advisor on its first rated bond transaction— 2018 Wastewater Revenue Bonds, which we are now looking to refund. Provided below is a list of transactions where we have been engaged as municipal advisor.

City of Beaumont Transactions since 2017 - UFI as MA
Issue Name
Project/Series Name Closing Date Principal Amount
Special Tax Bonds, Series 2024 Improvement Area No. 17D 2024 Special Tax Bonds Fairway Canyon
2023 Special Tax Bonds (Sundance) Sundance
2021 Local Agency RBs CFD No 93-1 IA Nos 7B, 7C, 17C, 19C, & 20 Series A (Taxable) 2020 Special Tax Bonds Sundance Facilities/Maintenance/Public Services 2020 Local Agency RBs CFD No 93-1 IA No 8C & IA No 17B Series A Federal Taxable 2020 Special Tax Bonds IA No 8F
2019 Special Tax Bonds Four Seasons
2019 Ref Local Agency Bonds CFD No 93-1 IA Nos 3,11,9,10A &12A Series A 2019 Special Tax Bonds Area 8 Sundance
2019 Special Tax Bonds Fairway Canyon Zones 1-3
2018 Special Tax Bonds IA No 8E
2018 Special Tax Bonds IA No 7D
2018 Special Tax Bonds IA No 7B Series A
2018 Installment Purchase Agreement Treatment Plant Series A 2018 Special Tax Bonds IA No 17C Series A
2018 Special Tax Bonds IA No 8D Series A
2018 Special Tax Bonds IA No 8C Series A
2017 Special Tax Ref Bonds IA No 14A Series A
2017 Special Tax Refunding Bonds IA No 14 Series A
2017 Special Tax Refunding Bonds IA No 8B Series A
2017 Special Tax Refunding Bonds IA No 8 Series A
2017 Special Tax Refunding Bonds IA No 19C Series A
2017 Special Tax Refunding Bonds IA No 14B Series A
2017 Special Tax Ref Bonds IA No 6A1 Series A
2017 Special Tax Refunding Bonds IA No 8D Series A
2017 Special Tax Ref Bonds IA No 8C Series A
2017 Special Tax Refunding Bonds IA No 8A Series A
Total
11/6/2024
1/25/2024
5/24/2023
6/30/2021
9/23/2020
8/13/2020
6/17/2020
11/7/2019
8/8/2019
8/8/2019
3/12/2019
12/7/2018
11/8/2018
11/8/2018
9/27/2018
6/21/2018
6/21/2018
6/21/2018
8/8/2017
8/8/2017
8/8/2017
8/8/2017
7/27/2017
7/27/2017
7/27/2017
7/27/2017
7/27/2017
7/27/2017
$9,400,000
14,550,000
8,800,000
18,675,000
2,355,000
17,200,000
12,780,000
4,185,000
5,375,000
10,285,000
9,045,000
12,680,000
3,725,000
2,370,000
81,105,000
8,730,000
7,675,000
16,915,000
13,275,000
6,950,000
5,735,000
7,320,000
14,339,091
3,847,190
29,977,849
726,793
5,801,612
6,208,722
$340,031,257
Case Studies
UFI and its staff have long maintained an active presence assisting communities in Riverside County and have extensive and relevant experience assisting cities with land secured and utility financings. Besides our work with the City, our notable CFD experience includes assignments for the Cities of Ontario, Lake Elsinore, Menifee, Desert Hot Springs, Calimesa and Coachella. Additionally, UFI staff members have worked across the State to assist issuers with water and wastewater related assignments, advising on 19 utility transactions for a total of $321.9 million in par since 2018. Provided below are select case studies that we believe underscore our specific expertise in these areas. ?AFI
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