Cities Index.
Agenda packet

Beaumont City Council
August 19, 2025

Document
Agenda packet
Meeting
August 19, 2025
Body
Beaumont City Council
Pages
242,827
Original file
6.6 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.
Page 2544 of 3058 ends

Amendment No. 5 7/29/2025
Analysis, and NEPA/CEQA Revalidation along with additional design review meetings because of the expedited review format where comments were piecemealed instead of being delivered at one time.

1.4 — Quality Assurance / Quality Control
Additional submittals and responses to Caltrans reviews increased the amount of quality control.

TASK 2 - SURVEY, ROW, UTILITIES & ENVIRONMENTAL

2.7 — Environmental Revalidation
Conducted additional background research for original documentation and technical studies (which occurred prior to M&N working on the project), including the technical studies and origination of measures included in the Environmental Commitments Record (ECR).

Updated and submitted Revalidation #3 to include the FHWA approved Air Quality Conformity Update the Revalidation document to include the avoidance and minimization measures for the San Timoteo Creek bridge railing replacement (Revalidation #4) prior to construction and integrate the results from the noise study when it is completed (Revalidation #5).

2.8 — Environmental Regulatory Permit Modifications
Update 1602, NWP 14/Section 404, and Section 401 Certification permits to include avoidance and minimization measures for the addition of the new bridge railings.

Extend the US Army Corps NWP 14/Section 404 permit and State Regional Water Quality Control Board Section 401 Certification permit (both set to expire March 2026).

Attend project meetings (virtual) as needed.

2.9 — Jurisdictional Delineation and Biological Resources Verification It is assumed Jurisdictional Delineation will not need to be updated.

2.11— Encroachment Policy Exception
Caltrans initially required an exception for the SCE transmission line that is going to be pulled through existing conduit in Potrero Blvd. This required meetings and coordination with SCE and Caltrans. As the project was approaching the initial RTL submittal date, Caltrans determined that the SCE exception would not be required. This required revisions, meetings, and updates that were not anticipated.

The exception for SCE existing longitudinal utilities required additional effort to identify the changes in Caltrans access control and where a new gate will be required. This was not anticipated because there had been several reviews of the Encroachment Policy Exception and changes to access control were never brought up as an issue needing to be addressed.

Page 2 ends
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Amendment No. 5 7/29/2025
It was determined that three air vacuum assemblies owned by the Beaumont Cherry Valley Water District (BCVWD) needed to be relocated within the Caltrans right-of-way. The addition of this exception required significant coordination with BCVWD, Caltrans, and the City to find suitable locations. After determining the placement of the relocated air vacuum assemblies, the need for a Design Standard Decision Document was also identified because two of the air vacuum assemblies are within the 52' clear recovery zone for discretionary fixed objects.

TASK 3 - ENGINEERING SUPPORT

3.2 - Supplemental Design Standard Decision Document
There are two items that do not meet current Caltrans design standards, and they will need to be documented in a Supplemental Design Standard Decision Document (DSDD).
• Non-standard shoulder — the eastbound shoulder across the San Timoteo Creek Bridge is a nonstandard width of 8', vs the 10' required in the Highway Design Manual. Originally, the San Timoteo Creek Bridge was going to be widened to add an auxiliary lane and a standard shoulder. When the auxiliary lane was eliminated, it created the need for a design exception.
• Clear Recovery Zone —the relocation of two Beaumont Cherry Valley Water District air vacuum assemblies west of Potrero Blvd will provide a clear recovery zone clearance of 30 ft from the edge of the traveled way, but not the required 52 ft at the westbound on -ramp location for discretionary fixed objects.

DSDD's were prepared and approved during the previous design phases. A Supplemental DSDD will be prepared documenting the shoulder and the clear recovery zone non-standard features.

3.7 — Supplemental Traffic Impact Analysis
Iteris will use a combination of new traffic counts and traffic forecasts derived from the RIVCOM traffic model to generate existing and forecast future traffic volumes to support the noise study.

3.7.1— Project Management and Meetings
This task consists of project administrative functions, which generally include all administrative tasks required to initiate the project contract: establish the project accounting protocols, establish invoicing procedures, and perform regular financial tracking, reporting, and invoicing.

Iteris will prepare materials and attend meetings with the City and Caltrans District 8 as needed to present the results of the technical analysis.

3.7.2 — Traffic Data Collection
The noise study requires an existing conditions analysis which will require collection of intersection turning movement counts classified by truck type with number of axles for up to five (5) intersections and 24 hour roadway classified counts at up to five (5) roadway segments including the SR -60 freeway mainline as noted below.

Page 3 ends
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Amendment No. 5 7/29/2025
Intersections
• Potrero Boulevard and Olivewood Way
• Potrero Boulevard and Western Knolls Avenue
• Potrero Boulevard and West 4th Street
• Western Knolls Avenue and SR -60 Westbound ramps (west) • Western Knolls Avenue and SR -60 Westbound ramps (east) Roadway Segments
• SR -60 Mainline in the vicinity of Potrero Boulevard
• Potrero Blvd North of existing Western Knolls Avenue
• Potrero Blvd South of existing Western Knolls Avenue
• Western Knolls Avenue east of Potrero Blvd
• Western Knolls Avenue between the two WB SR -60 on -ramps (the two most easterly blue dots) Our proposed traffic count sub -consultant (AimTD) is familiar with the area and believes they can collect traffic data for the SR -60 mainline without encroaching on Caltrans right-of-way so the working assumption is that a Caltrans encroachment permit will not be required and only encroachment permits from the City of Beaumont will be necessary. However, a budget has been added to the cost estimate just in case Caltrans permits end up being required. If that were to be the case a "double" permit would be needed with either Mark Thomas or Iteris as the primary permit requester and AimTD as the secondary permit requestor.

Deliverables
• Existing Year AM and PM peak hour traffic volumes for all study locations including trucks by number of axles.

3.7.3 — Future Traffic Volumes
Future forecast volumes for 2045 Design Year No Project and 2045 With Project will be generated for all study locations. This will involve post -processing of traffic volumes from the RIVCOM traffic model. Volumes will be consistent with the traffic volumes in November 2024 Potrero Boulevard/SR-60 Interchange Updated Operational Analysis Memorandum and the accompanying Truck Traffic Forecasting Memorandum.

Deliverables
• Design Year (2045) No Build AM and PM peak hour traffic volumes including trucks by number of axles. • Design Year (2045) Build AM and PM peak hour traffic volumes including trucks by number of axles

Page 4 ends
Page 2547 of 3058 ends

Amendment No. 5 7/29/2025
• Technical Memorandum documenting: traffic forecasting methodology and future forecast traffic volumes.

Other Direct Costs
• AimTD — Traffic Counts
• Encroachment Permits
TASK 6 — FINAL PLANS, SPECIFICATIONS & ESTIMATE (PS&E)

6.1— Roadway PS&E
The original scope assumed one 95% submittal, one 100% submittal, and one Final Submittal. Caltrans comments added a second and third 95% submittal requiring extensive coordination with Caltrans to meet the critical timeline for the CTC funding deadline.

During removal of the San Timoteo Creek Bridge widening, Caltrans identified the need to replace the existing bridge barriers on both sides of the existing bridge. Mark Thomas will make revisions to the plans for additional work required on SR -60, for changes to the staging construction, and for recalculation of quantities.

This barrier replacement requires modifications to the following sheets. • Title Sheet
• X-1
• L-2
• C-1
• SC -3, SC -20, SCQ
• PD -2
• Quantities
In addition to revisions to the plans, the MGS Length of Need analysis will be revised and updated.

6.2 — Structures PS&E
Mark Thomas will prepare structural calculations and plans for the exterior barrier replacement of the existing San Timoteo Creek bridge. Mark Thomas team will prepare PS&E documents following the 2024 Caltrans Standards and current versions of the Caltrans Structure Technical Policies and Bridge Design Manuals will be used. It is assumed that the following plan sheets will be prepared:
• General Plan 1
• Structural Details No. 1 1
• Structural Details No. 2 1

Page 5 ends
Page 2548 of 3058 ends

Amendment No. 5 7/29/2025
Mark Thomas will develop project special provisions using Caltrans Standard Special Provisions (2024 version). The special provisions will be prepared using Microsoft Word. Special Provisions will be submitted at the 95% and 100% submittals.

Mark Thomas will develop quantities and prepare construction cost estimates. The estimates will be comprised of unit prices placed on detailed quantity and check quantity calculations. Unit prices will be developed using current bid results from similar projects, Caltrans data base information and Caltrans latest Construction Cost Manual. All estimates will be done in Caltrans BEES format using Microsoft Excel.

Caltrans comments from the 95% submittal will be addressed and incorporated into the final PS&E. Responses to comments will be prepared and submitted. All final plan revisions will be made. Updates to the specifications and estimate will be completed. The bid -ready PS&E package will be incorporated into the plans approved submitted.

6.5 — Ready to List (RTL) File
After submittal of the Final PS&E, there were requests for updates to various plans, which required updates to the cost estimate. In addition, revisions occurred to the SSP's that were not identified in the original scope of work.

Preparation of the RTL Certification required updates from Caltrans and RCTC.

TASK 7 - CONSTRUCTION SUPPORT

7.2 — Construction Support
At the time of Amendment No 1, money was transferred from Construction Support, via a budget reallocation request, to cover the additional work required. At that time, the goal was to make up time in other tasks that would allow us to replenish the construction support task from other tasks that weren't needed. However, with the changes and revisions required by Caltrans during the final submittals, there isn't adequate money left to transfer back into the Construction Support task. Money is needed to replenish the construction support task and bring it back to the original amount.

Page 6 ends
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EXHIBIT B - COST PROPOSAL FOR PROJECT SCOPE: City of Beaumont: SR -60 / Potrero Boulevard Interchange - Phase 2 - Amendment No. 5

MARK TOTAL
THOMAS
SUBS

AMENDMENT
NO 5 COST
Original
Contract
Amendment
No 1
Amendment
No 2
Amendment
No 3
Amendment
No 4
Total
Contract
Cost
Amendment
Na 5 Cast
MT
Epic Land Solutions
(Utilities and ROW)
Moffat & Nichol
(Environmental)
ICF (Air Quality)
Terracon (Geotechnicai)
Earth Mechanics
(Geotechnical)

1.0 PROJECT MANAGEMENT

1.1 General Project Management
$30,700
-
3,600
-
-
-
-
$34,300
$160,956
25,000
0 0
4,000
$224,256

1.2 Project Meetings
$16,600
-
5,200
-
-
-
-
$21,800
$95,310
0 0
0 3,000
$120,110

1.3 Project Schedule
$0 -
-
-
-
-
-
$0 $44,032
0 0
0 0
$44,032

1.4 Quality Assurance/Quality Control
$12,400
-
-
-
-
-
-
$12,400
$70,628
0 0
0 0
$83,028
Subtotal Phase 1
$59,700
$0
$8,800
$0
$0
$0
$0
$68,500
$370,926
25,000
0 0
7,000
$471,426

2.0 SURVEY, ROW, UTILITIES & ENVIRONMENTAL

2.1 Utility Coordination
$0 -
-
-
-
-
-
$0 $27,963
0 0
0 0
$27,963

2.2 Supplemental Topo/Field Survey
$0 -
-
-
-
-
-
$0 $29,000
-29,000
0 0
0 $0

2.3 Right of Way
$0 -
-
-
-
-
-
$0 $141,598
0 0
0 0
$141,598

2.4 Right of Way Requirements Mapping
$0 -
-
-
-
-
-
$0 $16,900
0 0
0 0
$16,900

2.5 Right of Way Appraisal Mapping
$0 -
-
-
-
-
-
$0 $22,076
0 0
0 0
$22,076

2.6 Plats and Legal Descriptions
$0 -
-
-
-
-
-
$0 $29,324
18,000
0 0
0 $47,324

2.7 Environmental Revalidation
$0 -
35,100
-
-
-
-
$35,100
$33,000
4,480
0 0
0 $72,580

2.8 Environmental Regulatory Permit Modifications
$0 -
18,400
-
-
-
-
$18,400
$29,000
5,130
0 0
0 $52,530

2.9 Jurisdictional Delineation and Biological Resources Verificatior $0 -
-
-
-
-
-
$0 $22,000
21,617
0 0
0 $43,617

2.10 Aerial Mapping / Supplemental Survey
$0 -
-
-
-
-
-
$0 $0
36,500
0 0
0 $36,500

2.11 Encroachment or Utility Policy Exception
$6,200
-
-
-
-
-
-
$6,200
$0
16,000
0 0
0 $22,200

2.12 Air Quality Conformity
$3,100
-
-
-
-
-
-
$3,100
$0
0 0
19,481
0 $22,581
$9,300
$0
$53,500
$0
$0
$0
$0
$62,800
$350,861
72,727
0 19,481
0 $505,869

3.0 ENGINEERING SUPPORT

3.1 Supplemental Project Report
$0 -
-
-
-
-
-
$0 $30,560
-30,560
0 0
0 $0

3.2 Supp Design Standard Decision Document
$14,600
-
-
-
-
-
-
$14,600
$23,096
-23,096
0 0
5,000
$19,600

3.3 Drainage Report
$0 -
-
-
-
-
-
$0 $38,040
32,000
0 0
0 $70,040

3.4 Storm Water Data Report (SWDR)
$0 -
-
-
-
-
-
$0 $11,984
0 0
0 0
$11,984

3.5 Traffic Management Plan (TMP)
$0 -
-
-
-
-
-
$0 $13,472
-13,472
0 0
0 $0

3.6 Geotechnical FR, GDR and MR
$0 -
-
-
-
-
-
$0 $30,000
167,000
18,912
0 0
$215,912

3.7 Supplemental Traffic Impact Analysis
$0 -
-
-
-
-
13,264
$13,264
$0
30,000
0 0
0 $43,264

3.7.1 Project Management and Meetings - $4,688
$0 -
-
-
-
-
-

3.7.2 Traffic Data Collection - $2,080
$0 -
-
-
-
-
-

3.7.3Future Traffic Volumes -$6,496
$0 -
-
-
-
-
-
Subtotal Phase 3
$14,600
$0
$0
$0
$0
$0
$13,264
$27,864
$147,152
161,872
18,912
0 5,000
$360,800

4.0 95% PLANS, SPECIFICATIONS & ESTIMATE (PS&E)

4.1 Roadway Plans
$0 -
-
-
-
-
-
$0 $365,215
216,000
0 0
0 $581,215

4.2 Roadway Quantities and Estimate
$0 -
-
-
-
-
-
$0 $24,344
0 0
0 0
$24,344

4.3 Roadway Specifications
$0 -
-
-
-
-
-
$0 $17,120
0 0
0 0
$17,120

4.4 Structures Plans
$0 -
-
-
-
-
-
$0 $149,020
-15,000
0 0
0 $134,020

4.5 Structures Quantities and Estimate
$0 -
-
-
-
-
-
$0 $23,680
0 0
0 0
$23,680

4.6 Structures Specifications
$0 -
-
-
-
-
-
$0 $14,700
-10,000
0 0
0 $4,700

4.7 Landscape Plans
$0 -
-
-
-
-
-
$0 $32,796
25,000
0 0
0 $57,796

4.8 Landscape Quantities and Estimate
$0 -
-
-
-
-
-
$0 $3,912
0 0
0 0
$3,912

4.9 Landscape Specifications
$0 -
-
-
-
-
-
$0 $4,534
0 0
0 0
$4,534

4.10 nSSP Approval Requests
$0 -
-
-
-
-
-
$0 $24,000
-24,000
0 0
0 $0

4.11 Sewer Plans
$0 -
-
-
-
-
-
$0 $0
16,000
0 0
0 $16,000
Subtotal Phase 4
$0 $0
$0
$0
$0
$0
$0
$0 $659,321
208,000
0 , 0
0 $867,321

5.0 100% PLANS, SPECIFICATIONS & ESTIMATE (PS&E)

5.1 Roadway Plans
$0 -
-
-
-
-
-
$0 $223,609
80,000
0 0
0 $303,609

5.2 Roadway Quantities and Estimate
$0 -
-
-
-
-
-
$0 $21,496
0 0
0 0
$21,496

5.3 Roadway Specifications
$0 -
-
-
-
-
-
$0 $11,928
0 0
0 0
$11,928

5.4 Structures Plans
$0 -
-
-
-
-
-
$0 $71,660
-42,000
0 0
0 $29,660

5.5 Structures Quantities and Estimate
$0 -
-
-
-
-
-
$0 $11,040
-5,000
0 0
0 $6,040

5.6 Structures Specifications
$0 -
-
-
-
-
-
$0 $11,040
-5,000
0 0
0 $6,040

5.7 Landscape Plans
$0 -
-
-
-
-
-
$0 $17,568
25,000
0 0
0 $42,568

5.8 Landscape Quantities and Estimate
$0 -
-
-
-
-
-
$0 $978
0 0
0 0
$978

5.9 Landscape Specifications
$0 -
-
-
-
-
-
$0 $1,262
0 0
0 0
$1,262

5.10 Combined Specifications
$0 -
-
-
-
-
-
$0 $23,128
0 0
0 0
$23,128

5.11 nSSP Approval Requests
$0 -
-
-
-
-
-
$0 $15,328
-15,328
0 0
0 $0

5.12 Sewer Plans
$0 -
-
-
-
-
-
$0 $0
6,000
0 0
0 $6,000
Subtotal Phased
$0 $0
$0
$0
$0
$0
$0
$0 $409,037
43,672
0 0
0 $452,709

6.0 FINAL PLANS, SPECIFICATIONS & ESTIMATE (PS&E)

6.1 Roadway PS&E
$192,700
-
-
-
-
-
-
$192,700
$149,538
0 0
0 6,000
$348,238

6.2 Structures PS&E
$47,300
-
-
-
-
-
-
$47,300
$57,840
-25,000
0 0
7,000
$87,140

6.3 Landscape PS&E
$10,400
-
-
-
-
-
-
$10,400
$10,510
0 0
0 0
$20,910

6.4 Resident Engineers (RE) File
$0 -
-
-
-
-
-
$0 $83,040
0 -18,912
0 0
$64,128

6.5 Ready to List (RTL) File
$112,500
-
-
-
-
-
-
$112,500
$16,408
0 0
0 0
$128,908

6.6 Sewer PA&E
$0 -
-
-
-
-
-
$0 $0
4,000
0 0
0 $4,000
Subtotal Phase 6
$362,900
$0
$0
0 $0
$362,900
$317,336
-21,000
-18,912
0 13,000
$653,324

7.0 CONSTRUCTION SUPPORT

7.1 Bid Support
$0 -
-
-
-
-
-
$0 $8,016
0 0
0 0
$8,016

7.2 Construction Support
$126,481
-
-
-
-
-
-
$126,481
$266,381
-82,000
0 -19,481
-25,000
$266,381

7.3 Record Drawings
$0 -
-
-
-
-
-
$0 $93,160
0 0
0 0
$93,160
$126,481
$0
$0
$0
$0
$0
$0
$126,481
$367,557
-82,000
0 -19,481
-25,000
$367,557

TOTAL HOURS

OTHER DIRECT COSTS
$0 $0
$0
$0
$0
$0
$6,500
$6,500
$102,200
0 0
0 0
$108,700

OTAL COST
$572,981
$0
$62,300
$0
$0
$0
$19,764
$655,045
$2,724,390
408,271
0 0
0 $3,707,706
Please note that the rates shown are for estimating purposes only.

See rate schedule for actual rates/ranges.

Page 2550 of 3058 ends

City of Beaumont Contract Number:

C23-139.2
EXHIBIT "B"

CERTIFICATE OF INSURANCE

Page 2551 of 3058 ends

MARKTHO-01
SEITAS
ACOR0

40. ------ CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/MIDDrYYYY)
7/29/2025
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 License # 0E67768
IOA Insurance Services
3875 Hopyard Road
Suite 200
Pleasanton, CA 94588
CONTACT NAME: Jessica McDonald

PHONE FAX
(A/c, No, Ext): (925) 918-4535 (A/C, No):

E-MAnI DRIESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Continental Casualty Company
20443

INSURED
Mark Thomas & Company, Inc.
2833 Junction Avenue, Ste 110
San Jose, CA 95134
INSURER B : The Continental Insurance Company
35289
INSURER C: Valley Forge Insurance Company
20508
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 POLIC ES 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
INSD
SUBR W
VD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
X
X
7040185059
9/15/2024
9/15/2025

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGES(RENTED
PREMISES (Ea occurrence)
1,000,000
$
MED EXP (Any one person)
$ 15,000

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

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
JECOT
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

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

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED
X
X
7040183912
9/15/2024
9/15/2025

COMBINED SINGLE LIMIT
(Ea accident)
1,000,000
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
(Per PROPERTY DAMAGE
$
$
B
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
7040283234
9/15/2024
9/15/2025

EACH OCCURRENCE
$ 9,000,000

AGGREGATE
$ 9,000,000
DED
RETENT ON $
$
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 / A
x
740274825
9/15/2024
9/15/2025
X
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project # 23-00355 - Beaumont- SR-60/Potrero Blvd IC The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are included as Additional Insured on a Primary & Non -Contributory basis with Waiver of Subrogation with respects to the General & Auto Liability policies, as required by written contract.

Worker's Compensation: Waiver of Subrogation is in favor of the City of Beaumont, its elected and appointed officers, employees, agents and volunteers , as required by written contract.

CERTIFICATE HOLDER

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
Pace 2552 of 3058 © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and'Yogo are registers marks of ACORD

CNA

CNA PARAMOUNT
30020008560789513854990
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:

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

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

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

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

2. this coverage part provides such coverage.

II. But if the written contract requires:

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

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

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

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

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

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

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

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

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

CNA75079XX (10-16) Policy No: 7040185059

Page 1 of 2 ends

VALLEY FORGE INSURANCE COMPANY Effective Date: 09/15 /2024 Insured Name: MARK THOMAS & COMPANY, INC.

Copyright CNA All Rights Reserved. IncludRS aagegl2553e0fot8l6$ce Services Office, Inc., with its permission.

CNA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. the bodily injury or property damage; or

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

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

All other terms and conditions of the Policy remain unchanged.

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

CNA75079XX (10-16)

Page 2 of 2 ends

VALLEY FORGE INSURANCE COMPANY
Insured Name: MARK THOMAS & COMPANY, INC.

Copyright CNA All Rights Reserved. IncIudRs
Policy No: 7040185059
Endorsement No: 15
Effective Date: 09/15 /2024
2f554eGfor3G58ice Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
30020008560789513854992
Primary and Noncontributory - Other Insurance
Condition Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
It is understood and agreed that the condition entitled Other Insurance is amended to add the following:

Primary And Noncontributory Insurance
Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that:
a. the additional insured is a named insured under such other insurance; and b. the Named Insured has 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.

All other terms and conditions of the Policy remain unchanged.

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

CNA74987XX (1-15) Policy No: 7040185059

Page 1 of 1 ends

VALLEY FORGE INSURANCE COMPANY Effective Date: 09/ 15 /2024 Insured Name: MARK THOMAS & COMPANY, INC.

Copyright CNA All Rights Reserved. IncludRS agegl2555eOfot8G6$ce Services Office, Inc., with its permission.

CNA

CNA PARAMOUNT
30020008560789513854995
Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A

CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT:

1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND

2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:

With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard.

All other terms and conditions of the Policy remain unchanged.

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

CNA75008XX (10-16)

Page 1 of 1 ends

Policy No: 7040185059
Endorsement No: 20
VALLEY FORGE INSURANCE COMPANY Effective Date: 0 9 / 15 / 2 0 2 4 Insured Name: MARK THOMAS & COMPANY, INC.

Copyright CNA All Rights Reserved. IncludRS aagegl2556e0fot8l6$ce Services Office, Inc., with its permission.

CNA
Business Auto Policy
Policy Endorsement

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

SCHEDULE
Name of Additional Insured Person Or Organization

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

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

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

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

Form No: CNA71527XX (10-2012)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 15; Page: 1 of 1
Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Coopyrrght CNA7AIl-Rightts F eeserved.

CNA
1 Business Auto Policy
Policy Endorsement

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

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

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

Named Insured: MARK THOMAS & COMPANY, INC.
0 SCHEDULE
Name(s) Of Person(s) Or Organization(s):

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

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

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

Form No: CA 04 44 10 13
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 4; Page: 1 of 1
Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606

Page 2558 of 3058 ends

Copy g t insurance bermes Office, Inc., 2011

CNA
Workers Compensation And Employers Liability Insurance
Policy Endorsement

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHER
This endorsement changes the policy to which it is attached.

It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.

All other terms and conditions of the policy remain unchanged.

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

CA Policy # 7 40274825
All Other States Policy # 7040185157
Form No: G -19160-B (11-1997)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 9; Page: 1 of 1
Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606
CPatYght CNA9AII Rights Reeserved.

BEAUMONT

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

1. Have you or your company, or any agent/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.
8/11/25
Date Signature of authorized individual
Darin Johnson
Company/Applicant Name
City of Beaumont 1550 E. 6th Street, Beaumont, CA 92223 I (951) 769-8520 I BeaumontCA.gov

Page 2560 of 3058 ends

BEAUMON
-C A L I F O R N !IT
Staff Report
TO: City Council
FROM: Robert L. Vestal, Director of Public Works
DATE August 19, 2025
SUBJECT: Fourth Amendment to the Professional Services Agreement with EXP U.S.

Services, Inc. (Contract No. C21-09)
Description Fourth Amendment to the Professional Services Agreement for EXP U.S.

Services, Inc. for the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP 2019-019).

Background and Analysis:

On March 17, 2020, City Council amended the FY19/20 Capital Improvement Plan (CIP) to add the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (Project). The Project was established with an initial budget of $5,000,000. Funding for the Project was provided by the Riverside County Flood Control and Water Conservation District (RCFC&WCD) via a cooperative funding agreement.

On September 1, 2020, City Council approved the cooperative agreement with RCFC.

On September 22, 2020, the District fully executed the agreement.

On December 15, 2020, City Council awarded EXP U.S. Services, Inc. (EXP) a professional service agreement (PSA) to perform preliminary and final engineering services.

On November 15, 2022, City Council approved Amendment No. 1, which modified the scope of services to include additional hydraulic analysis and extended the term of agreement to February 16, 2024.

On August 15, 2023, City Council approved Amendment No. 2, which increased the fees of subconsultants due to inflation and operating costs and extended the term of the agreement to February 16, 2025.

Page 2561 of 3058 ends

On September 17, 2024, City Council approved Amendment No. 3, which changed the project from a categorical exemption (CE) to an IS/MND under CEQA due to changes to the environmental footprint.

In June 2025, RCFC&WCD Board approved an increased funding amount of $4,478,893, for a total project amount $9,478,893. A future item will be brought to City Council to amend the existing cooperative agreement with RCFC&WCD.

Pro.ect Status and Current Amendment Request
The project is currently at approximately 60% design level. The consultant is preparing to perform potholing in the field to confirm the proposed alignment of the storm drain.

The environmental AB52 process has been completed, and the hydrology report is being prepared for submittal to RCFC&WCD.

The proposed contract amendment is a result of additional design requirements requested by RCFC&WCD summarized as follows:
• Potholing — The amount of potholing needed was increased from the original scope. The additional potholing was reviewed and confirmed by RCFC&WCD. • Ultimate Hydrology Design — At the request of RCFC&WCD, the hydrology report for this project will include the ultimate condition after the grade separation is constructed. This will increase the coordination needed with the grade separation project.
• Environmental Updates — As a result of the increased hydrology design, the environmental scope is increased to include additional footprint and tributary area.
• ROW Acquisition Services — The consultant included this as an optional task, and the City would like to include this task for assistance in acquiring property within the Berkshire Channel so that the City can maintain the channel.

The fourth amendment to the professional services agreement will extend the term of the contract by one (1) year to February 16, 2027. The revised cost for amendment No.4 is $286,307. The proposed revised total contract cost is $883,727 for the PSA. A summary of the contract amendments to date, including the proposed Amendment No. 4, is provided in the following table.

Agreement Summary Original Fee ,2020)
Original Agreement $442,214.00

Page 2562 of 3058 ends

Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Total PSA:
$61,847.00
$20,003.96
$73,355.00
$286,307.00
$883,726.96
Fiscal Impact:

The cost of preparing the staff report is estimated to be $300.

The funding for this contract amendment will be paid from the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) budget. All funding for the design of this project is provided by RCFC&WCD.

Please refer to the following project accounting chart and table for a summary of project funding and budget (The increased funding amount of $4,478,893 is not shown since Council has not ratified the additional grant funds):

CIP 2019-019 MDP Line -2 Project Funding Summary
Estimated Project Cost= $5,000,000
Grant- RCFC,
$5,000,000 , 100%
CIP 2019-019 MDP Line -2 Project Budget Summary
Project _
Component
Budget Encumbered
Paid to Remaining
Date Budget
Project Management
Preliminary Services
Environmental

Page 2563 of 3058 ends

Design
Right -of -Way
Construction
Construction Management
Equipme
$900,000 $(597,420) $(404,665)
$5,00
$4,095,000
Recommended Action:

I
$302,580
$4,095,000
$4,399,525
Approve the fourth amendment to the Professional Services Agreement with EXP U.S.

Services, Inc. for the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP 2019-019) to increase the agreement by $286,307 for a new total contract amount not -to -exceed $883,727 and extend the term to February 16, 2027; and Approve a change order to Purchase Order No. 20/21 0876 with EXP U.S. Services, Inc.

Attachments:

A. Fourth Amendment to the Professional Services Agreement with EXP U.S.

Services, Inc.

B. Original Agreement and Previous Amendments (1-3)
C. Levine Act Statement - EXP

Page 2564 of 3058 ends

City of Beaumont Contract Number:

C21-09.3

FOURTH AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR

THIS FOURTH AMENDMENT TO AGREEMENT OF SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon signature by and between the CITY OF BEAUMONT ("CITY"), a general law city, and EXP U.S. SERVICES, INC, a California Corporation, (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 December 15, 2020, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor ("Agreement") to provide PROFESSIONAL ENGINEERING SERVICES FOR THE BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2 PROJECT (CIP 2019- 019).

B. On November 1, 2022, CITY and CONTRACTOR amended the Agreement to include additional scope of work; and,
C. On August 15, 2023, CITY and CONTRACTOR amended the Agreement to include additional scope of work: to prepare a geotechnical investigation report; and, D. On September 19, 2024, CITY and CONTRACTOR amended the Agreement to include additional environmental services; and,
E. CITY is requesting CONTRACTOR to provide additional design, environmental, and right-of-way services; and
F. CONTRACTOR submitted a proposal ("PROPOSAL") dated June 23, 2025 in response to the request from the CITY, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and,
G. CITY desires to engage CONTRACTOR to provide the services provided in the PROPOSAL.

AMENDMENT

1. The parties hereby agree that Section 1 of the Agreement is hereby deleted in it's entirety and replace with the following:

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 on the 16th day of February 2027.

Page 2565 of 3058 ends

City of Beaumont Contract Number:

C21-09.3

2. The parties hereby agree that Section 4.01 of the Agreement is hereby amended and replaced with the following:

2. Compensation. Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original agreement, compensation was set at Four Hundred Forty-two Thousand two hundred and fourteen dollars ($442,214). Per the first amendment, compensation was increased to Five Hundred Four Thousand Sixty-one dollars ($504,061). Per the second amendment, compensation was increased to Five Hundred and twenty-four thousand and sixty-four dollars and ninety six cents ($524,064.96). Per the third amendment, compensation was increased to Five Hundred Ninety -Seven Thousand and Four hundred twenty Dollars ($597,420).

Per this fourth amendment, compensation is increased by the amount of Two hundred Eighty -Six thousand Three Hundred seven dollars ($286,307) to be billed in accordance with the proposal attached hereto as "Exhibit A" resulting in total compensation under the Agreement not to exceed Eight hundred eighty-three thousand, seven hundred twenty-seven dollars ($883,727).

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.

Page 2566 of 3058 ends

City of Beaumont Contract Number:

C21-09.3
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: CONTRACTOR:

CITY OF BEAUMONT EXP U.S. SERVICES, INC.

By:

By: Print Name: Syed Raza
Mike Lara, Mayor
ATTEST
City Clerk

APPROVED AS TO FORM
John Pinkney, City Attorney
Title: Vice President

Page 2567 of 3058 ends

City of Beaumont Contract Number:

C21-09.3
EXHIBIT "A"

PROPOSAL

Page 2568 of 3058 ends

eipraex
June 23, 2025
Dustin Christensen
City of Beaumont
550 E 6th Street
Beaumont, CA 92223
P�
SUBJECT: CHANGE ORDER No. 4 SCOPE OF WORK TO PROVIDE ADDITIONAL DESIGN, ENVIRONMENTAL, AND OPTIONAL RIGHT-OF-WAY SERVICES FOR THE BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2, STAGE 1 PROJECT (CIP 2019-019).

Dear Mr. Dustin Christensen:

On behalf of EXP U.S. Services Inc. (CONSULTANT), we are pleased to provide the City of Beaumont with a change order request to provide design, environmental, and optional right-of-way services for the Beaumont MDP Line 2 project.

We thank you for your consideration of our request. Should you have any questions, please call me at 909.563.0525.

Sincerely,
EXP U.S. SERVICES, INC.

Christine Brown, PE
Project Manager
1650 Iowa Avenue, Suite 110, Riverside, CA 92507 I USA
t: 909.563.0525 I exp.com

Page 2569 of 3058 ends

Change Order No. 4
MDP Line 2, Stage 1 (CIP 2019-019)

SCOPE OF WORK
Task 1: Additional Potholing Services
CONSULTANT will coordinate with both the City and Riverside County Flood Control (RCFC) to identify and perform up to 50 potholes. The original fee for the project included 10 potholes; the fee provided with this change order is for the additional 40 potholes and includes the following:
• DigAlert Coordination and Delineation • Hot Patching (5' x 5' on Pennsylvania • Encroachment Permit Avenue, 3' x 3' everywhere else)
• Traffic Control Plans • Slurry Backfill
• Traffic Control • Debris Removal
• Vacuum Excavation • Pothole Report
In addition, CONSULTANT will survey final pothole locations and visible utility mark -outs set by USA within a 10 -foot radius of the nearest pothole location. Survey data will be provided by CSV and CAD files. The fee provided for this task includes traffic control and permitting as needed.

Deliverable: Pothole Report, Survey Data (CSV and CAD files) Task 2: Grade Separation Drainage Design
Task 2A: Coordination
CONSULTANT will coordinate with IDC to design drainage facilities as part of the MDP Line 2 project that accounts for the future grade separation design.

Task 2B: Hydrology and Hydraulics Review
CONSULTANT will review IDC's Hydrology and Hydraulics Report and, if necessary, re -run the analysis to ensure the design accommodates Q100 within the grade separation footprint. CONSULTANT will update the H&H report to reflect an "interim condition" (following the construction of MDP Line 2) and an "ultimate condition" (following the construction of the grade separation), as directed by RCFC. This task does not include producing or revising IDC's H&H Report itself.

Task 2C: Grade Separation Design Accommodation
At RCFC's direction, CONSULTANT will accommodate any laterals and stub outs required by the Pennsylvania Avenue Grade Separation project into the MDP Line 2 project in order to minimize future connections to the pipeline.

Task 2D: Supplemental Site Topography
CONSULTANT will perform supplemental topographic survey for the area identified in Figure 1 below at the channel outlet. The supplemental survey will be used to design the lowered outlet structure as needed to gain additional coverage at the grade separation. 2

Page 2570 of 3058 ends

p

Change Order No. 4
MDP Line 2, Stage 1 (CIP 2019-019)
Figure 1 - Supplemental Site Topography
.40
Deliverable: Survey Data (CSV and CAD files)
Task 3: Environmental Document Update
CONSULTANT will resurvey the additional areas of potential impact as shown in Figure 2 below and revise the technical studies and draft IS / MND as a result of the design changes noted in Task 2 and the additional work within Beaumont Channel including the right-of-way acquisition. The fee provide includes the remobilization efforts required, and a contingency budget has been included to cover other additional services that may be required including, but not limited to, additional reviews, unexpected additional agency and Tribal coordination, additional unanticipated report revisions, and other services required to approve the project that are beyond standard of what is typically expected to occur for the project.
3

Page 2571 of 3058 ends

p

Change Order No. 4
MDP Line 2, Stage 1 (CIP 2019-019)
Figure 2 - Additional Areas of Potential Impact
Deliverable: Updated technical studies and draft IS/MND. 4

Page 2572 of 3058 ends

• exp.

Change Order No. 4
MDP Line 2, Stage 1 (CIP 2019-019)
Task a• (;PntPrhnirai Investigation
Additional site visits and Caltrans coordination was required to obtain the encroachment permit for boring operations. In addition, staff rates and outside vendor costs have increased since the initial fee was approved. These supplemental funds will back -fill the overage resulting from the additional efforts required during the geotechnical investigation.

Deliverable: None.

Task 5: Right -of -Way Services
Task 5A: Right -of -Way Mapping
CONSULTANT will incorporate the current right-of-way into the project per Riverside County Flood Control's (RCFC) 30% comments. The existing right-of-way was updated and recorded following the completion of the original right-of-way mapping task.

Deliverable: Updated Right -of -Way Mapping (CAD file).

Task 5B: Right -of -Way Acquisition Services (Optional) Title Examination
CONSULTANT will obtain preliminary title reports (PTRs) for the proposed areas and perform a desk review of the reports and survey exhibits, including legal descriptions and plat maps, to research and verify real property ownership and identify any encumbrances. CONSULTANT will assist in clearing encumbrances to conveying title prior to closing.

Appraisal Services
CONSULTANT will appraise the acquisition area to provide an opinion of fair market value in the form of an appraisal report. The appraiser will draft and send a Notice of Decision to Appraise (NODA) letter inviting the owner to accompany the appraiser on the real property inspection in accordance with California Eminent Domain Law. The property inspection will involve visual inspection to identify property attributes, including the availability of utilities, topography, drainage, external site influences, traffic patterns, and surrounding uses, access, frontage, visibility, and quantity, quality and condition of improvements.

Following the inspection, the appraiser will research and analyze market conditions relevant to the property type and investigate public records for the property's zoning, entitlement status, general plan and flood hazard area classification, as well as investigate the property tax assessor's records for attributes of the property and project details and mapping. Once these identifications are made, the highest and best use conclusion is formed, and data can be gathered to apply the appropriate approaches to value. These approaches are the sales comparison, cost, and income. The final step is reconciliation of the various indications of value into a single estimate provided in the final appraisal report.

Document Preparation and Property Owner Negotiations
CONSULTANT will negotiate with property owners for the purchase of property rights in good faith.

Upon initiating the negotiation process, CONSULTANT will establish a positive rapport, trust, and reliable working relationship with the property owner to create an atmosphere in which successful negotiations can be conducted. The property owner will be given a detailed explanation of the 5

Page 2573 of 3058 ends

p

Change Order No. 4
MDP Line 2, Stage 1 (CIP 2019-019)
property interest being acquired and the proposed design and construction details as it affects the property. As part of this task, CONSULTANT will:
• Prepare purchase offer documents, including purchase offer letter, appraisal report, and list of compensable items.
• Present written purchase offer to owner or their representative. • Follow-up and negotiate with property owner, as necessary. • Prepare and assemble acquisition contracts, deeds, and related acquisition documents required of the acquisition of all necessary property interests. • Prepare impasse letters, as needed.
• Provide necessary documents and diary logs for litigation support in the event an acquisition is unable to be settled via voluntary means.
• Transmit closed acquisition documents to the City.

The fee provided assumes no eminent domain support.

Escrow Coordination
CONSULTANT will open escrow with the City's preferred escrow company once signatures have been obtained from both the property owner and City. CONSULTANT will oversee escrow instructions and deliver to the City for approval, as well as coordinate payment between the Grantor, City, and Escrow Company. CONSULTANT will obtain signatures on all necessary documentation such as grant deeds and temporary construction easement deeds to convey title.

Legal and Plat
CONSULTANT will provide one (1) legal description and exhibit signed by a Professional Land Surveyor for a portion of Berkshire Channel that is currently owned by an HOA. The fee provided assumes that all comments are consolidated and addressed in one review.

Deliverable: Acquisition Documents including Appraisal Report containing amount of Just Compensation, Administration Settlement Memorandums (where applicable), Impasse Letters and other required condemnation support documents (where applicable), Escrow Documents, Final Title Policy, Legal and Plat.

ODCs
• Union Pacific Railroad (UPRR) Encroachment Permit — 2nd Application Review Fee: $4,055.00 6

Page 2574 of 3058 ends

aexp

exp
FIRM: EXP U.S. Services Inc.

ROLE: Prime Consultant
Amendment No. 4 Fee Proposal
City of Beaumont
MDP Line 2
Updated: 6/20/2025
LABOR HOUR and FEE ESTIMATE
TASK
NO.

TASK DESCRIPTIONS
Project Manager
Quality Control
Reviewer
Civil Project
Engineer
Civil Designer
Drainage
Engineer
Total Hours
TOTAL
Sub -Consultant

TASK TOTAL
David Evans and
Associates
Chambers Group
Cbelow Inc.

Converse
Epic
$236
$202
$147
$122
$202
1 ADDITIONAL POTHOLE SERVICES
1 Additional Pothole Services
2 4
6 $1,059.67
$26,500.00
$ 112,395.00
$139,954.67
2 GRADE SEPARATION DRAINAGE DESIGN
2A
Coordination
35 50
20 105
$18,044.33
$18,044.33
2B
H&H Review and Report Update
4 4
40 80
128
$23,795.49
$23,795.49
2C
Grade Separation Design Accommodation
4 4
40 80
20 148
$21,440.20
$21,440.20
2D
Supplemental Site Topography
4 4
$588.29
$7,400.00
$7,988.29
3 ENVIRONMENTAL DOCUMENT UPDATE
3A
Environmental Document Update
2 4
6 $1,279.47
$14,955.00
$16,234.47
3B
Contingency Budget
2 4
6 $1,279.47
$23,746.00
$25,025.47
4 GEOTECHNICAL INVESTIGATION
4 Geotechnical Investigation
0 $0.00
$2,500.00
$2,500.00
5 RIGHT-OF-WAY SERVICES
5A
Right -of -Way Mapping
2 4
6 $1,059.67
$1,500.00
$2,559.67

OPTIONAL TASK
5B
Right -of -Way Acquisition Services
4 8
12 $2,119.34
$6,000.00
$16,590.00
$24,709.34

OTHER DIRECT COSTS (ODC'S)
ODC'S

$4,055.00
$4,055.00
TOTAL HOURS :
55 16
150
100
100
421
TOTAL (W/ ODC's) LABOR :
$12,963.07
$3,232.35
$22,060.79
$12,207.53
$20,202.19
$74,720.93
$41,400.00
$38,701.00
$112,395.00
$2,500.00
$16,590.00
$286,306.93
TOTAL FEE (WITHOUT OPTIONAL TASKS): $261,597.59
TOTAL FEE (WITH OPTIONAL TASKS): $286,306.93

Page 2575 of 3058 ends

City of Beaumont Contract Number:

C21-09.3
EXHIBIT "B"

CERTIFICATE OF INSURANCE

Page 2576 of 3058 ends
Page 1 of 2 ends

-
AC ^ LP
v CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
07/31/2025
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
Willis Towers Watson Midwest, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
CONTACT WTW Certificate Center
NAME:

HONE EM); 1-877-945-7378 IaC No): 1-888-467-2378
A//
E-MAIL [email protected]
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: XL Insurance America Inc
24554

INSURED
EXP Global, Inc.
205 N. Michigan Ave Ste 3500;
Chicago, IL 60601
INSURERS: AIG Insurance Company of Canada
B1206
INSURERC:

INSURERD:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: W39943898
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 INSD

TYPE OF INSURANCE
ADDL
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
Y
Y
US00057823LI25A
03/31/2025
03/31/2026

EACH OCCURRENCE
$ 2,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 100,000
X
Contractual Liability
MED EXP (Any one person)
$ 5,000

PERSONAL&ADVINJURY
$ 2,000,000
GEN'L
X

AGGREGATE
POLICY
OTHER:

X

LIMIT APPLIES
PRO-
JECT
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS-COMP/OPAGG
$ 2,000,000
$
A

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
Y
GGA7479210 - 01
03/31/2025
03/31/2026

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

PROPERTY DAMAGE
(Per accident)
$
$
A
X

UMBRELLA LIAB

EXCESSLIAB
X
OCCUR

CLAIMS -MADE
US00127865LI25A
03/31/2025
03/31/2026

EACH OCCURRENCE
$ 5,000,000

AGGREGATE
$ 5,000,000
DED
X
RETENTION$ 10,000
$
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
No
N/A
Y
GWG7479208 - 01
03/31/2025
03/31/2026
X
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
B
Professional Liability
061127095
03/31/2025
03/31/2026
Per Claim
Aggregate
$3,000,000
$3,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Cherry Channel Drainage Project
The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability.

Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability and

CERTIFICATE HOLDER

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
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD namWo Wrediefttmarks of ACORD
SR ID: 28175643 BATCH: 4067185

AGENCY CUSTOMER ID:

LOC #:

ACORD

ADDITIONAL REMARKS SCHEDULE

Page 2 of 2 ends

AGENCY
Willis Towers Watson Midwest, Inc.

NAMED INSURED
EXP Global, Inc.
205 N. Michigan Ave Ste
Chicago, IL 60601
3500;

POLICY NUMBER
See Page 1

CARRIER
See Page 1

NAIL CODE
See Page
1 EFFECTIVE DATE: See
Page
1 ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation as permitted by law.

ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.

The ACORD name foIgoad q &gyft8 J arks of ACORD
SR ID: 28175643 BATCH: 4067185 CERT: W39943898

POLICY NUMBER: US00057823L125A COMMERCIAL GENERAL LIABILITY CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

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):

Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement.

Information required to com
ete 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 your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

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 26 12 19
© Insur > g41®fff3@581c., 2018 Page 1 of 1

POLICY NUMBER: US00057823L125A 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 that you are required
written contract or written agreement to include as
an additional insured provided the "Bodily Injury"
or "Property Damage" occurs subsequent to the
execution of the written contact or written
agreement.

As required per written contract
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.

CG 20 37 12 19
© Insur a 80 ®fff3@581c., 2018 Page 1 of 2

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.

Page 2 of 2 ends

© Insur > ®fff3@581c., 2018 CG 20 37 12 19

POLICY NUMBER: US00057823L125A 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 that you are required in a written contract or written agreement to waive any right of recovery we may have against the person or organization, provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement.

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
© InsurdPagdeMea Off$($5Bc., 2018 Page 1 of 1

ENDORSEMENT #
This endorsement, effective 12:01 a.m., , forms a part of Policy No. issued to EXP U.S. Services, Inc.
#GGA7479210-01
by
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

COVERAGE DESCRIPTION
A. Temporary Substitute Auto Physical Damage
B. Who Is An Insured

1. Broad Form Insured

2. Employees As Insureds

3. Additional Insured By Contract, Agreement or Permit

4. Employee Hired Autos
C. Supplementary Payments
D. Amended Fellow Employee Exclusion
E. Physical Damage Coverage

1. Rental Reimbursement

2. Extra Expense — Broadened Coverage

3. Personal Effects Coverage

4. Lease Gap

5. Glass Repair — Waiver Of Deductible
F. Physical Damage Coverage Extensions

1. Additional Transportation Expense

2. Hired Auto Physical Damage
G. Business Auto Conditions

1. Notice Of Occurrence

2. Waiver Of Subrogation

3. Unintentional Failure To Disclose Hazards

4. Primary Insurance
H. Bodily Injury Redefined
I. Extended Cancellation Condition
XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Includes copyrighted materialRaOguM ofv@Q6$Ffice, Inc., with its permission.

Page 1 of 6 ends

A. Temporary Substitute Auto Physical Damage
SECTION I - COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following:

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

1. 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. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.

B. Who Is An Insured
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following:

1. Broad Form Insured
For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. Employees As Insureds
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.

3. Additional Insured By Contract, Agreement Or Permit
Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit.

4. Employee Hired Autos
An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Includes copyrighted materiaRtiOgu .Spi(vB Tice, Inc., with its permission.

Page 2 of 6 ends

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

C. Supplementary Payments
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments is changed as follows:

Item (2) is deleted and replaced by the following:
(2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.

Item (4) is deleted and replaced by the following:
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

D. Amended Fellow Employee Exclusion
SECTION II - COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply.

The insurance provided under this Provision D. is excess over any other collectible insurance.

E. Physical Damage Coverage
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following:

1. Rental Reimbursement
a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage.
b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days:

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Includes copyrighted materiaRtiOgu ScycyB Tice, Inc., with its permission.

Page 3 of 6 ends

(1) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. (2) Thirty (30) days.
c. Our payment is limited to the lesser of the following amounts:
(1) Necessary and actual expenses incurred.
(2) $50 any one day per private passenger "auto";
$100 any one day per truck;
$1,500 any one period per private passenger "auto";
$3,000 any one period per truck; or
Higher limits if shown elsewhere in this policy.
d. This coverage does not apply while there are spare or reserve "autos" available to you for your operations.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension.

2. Extra Expense — Broadened Coverage
We will pay for the expense of returning a stolen covered "auto" to you.

3. Personal Effects Coverage
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the "auto".

As used in this endorsement, "personal effects" means tangible property that is worn or carried by an "insured". "Personal effects" does not include tools, jewelry, money or securities.

4. Lease Gap
In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any:
(1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and
(5) Carry-over balances from previous loans or leases.

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Includes copyrighted materiaRtiOgu 66Spi(vB Tice, Inc., with its permission.

Page 4 of 6 ends

5. Glass Repair — Waiver Of Deductible
No deductible applies to glass damage if the glass is repaired rather than replaced.

F. Physical Damage Coverage Extensions
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following:

1. Additional Transportation Expense
Sections a. and b. are amended to provide a limit of $50 per day and a maximum limit of $1,000.

2. Hired Auto Physical Damage
The following section is added:

Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered "auto" is the lesser of:
(1) the actual cash value;
(2) the cost for repair or replacement; or
(3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage.

For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply.

G. Business Auto Conditions
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following:

1. Notice Of Occurrence
Section 2. — Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following:

If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply.

2. Waiver Of Subrogation
Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following:

However, this Condition does not apply to any person(s) or organization(s) with whom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under such contract with that person or organization.

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Includes copyrighted materiaRtiOgu 075pi(vB Tice, Inc., with its permission.

Page 5 of 6 ends

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following:

3. Unintentional Failure To Disclose Hazards
The following condition is added:

Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy.

4. Primary Insurance
Condition 5. Other Insurance is changed by adding the following:

For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a "loss".

H. Bodily Injury Redefined
SECTION V - DEFINITIONS, C. "Bodily injury" is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.

Extended Cancellation Condition
COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following:

The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason.

All other terms and conditions of this policy remain unchanged.

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Includes copyrighted materiaRtiOgu pi(vB Tice, Inc., with its permission.

Page 6 of 6 ends

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Any person or organization for whom or which you are required by written contract or agreement This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 3/31/2025
Insured EXP U.S. Services, Inc.

Insurance Company
WC 00 03 13
(Ed. 4-84)
Effective Policy No.GWG7479208-01 Endorsement No.

Countersigned by
© 1983 National Council on Compensation Insurance.

Page 2589 of 3058 ends

POLICY NUMBER: US00057823L125A COMMERCIAL GENERAL LIABILITY CG 02 24 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EARLIER NOTICE OF CANCELLATION

PROVIDED BY US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Number of Days' Notice 120
(If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.)
For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above.

CG 02 24 10 93
Copyright, InsRaggZb9.Gbef 0058, Inc., 1992 Page 1 of 1 O

ENDORSEMENT
This endorsement, effective 12:01 a.m., 03/31/2025 forms a part of Policy No. GGA7479210-01 issued to EXP U.S. SERVICES INC. by XL INSURANCE AMERICA, INC.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT
In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below:

Name of Person(s) or Entity(ies)
Mailing Address:

Number of Days Advanced
Notice of Cancellation:

All holders of certificates of insurance for
As provided by the Agent of
60 this policy
Record
Any failure by us to notify such
persons or organizations will
not extend or invalidate such
cancellation, or impose any
liability or obligation upon us or
the Agent of Record
All other terms and conditions of the Policy remain unchanged.

IXI 405 0910
© 2010 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Page 2591 of 3058 ends

Endorsement No.:001
Effective Date: March 31, 2025 Issue Date:March 31, 2025 Attached to and forming part of Policy No.: US00127865LI25A Issued To: Exp US Services Inc.

By: XL Insurance America, Inc.

CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT
In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below:

Number of Days
Name of Person(s) or Entity(ies)
Mailing Address:

Advanced
Notice of
Cancellation:

As required by written contract
As required by written contract
30 days
All other
10 for nonpayment
All other terms and conditions of the Policy remain unchanged.

IXI 405 0910
07/31/2024 KB
© 2010 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

Page 2592 of 3058 ends

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 01 10 (Ed. 1/08)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following:

WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice: 30 Days
(If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.)
For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in PART SIX - CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above.

All other terms and conditions remain the same.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective
Insured EXP U.S. Services, Inc.

Insurance Company
Policy No. GWG7479208
Endorsement No.

Countersigned by
WC 99 01 10
Ed. 1/08

Page 2593 of 3058 ends

ENDORSEMENT NO. 16
This endorsement, effective 12:01 AM: MARCH 31, 2025
Forms a part of policy no.: 61127095
Issued to: EXP GLOBAL, INC.

By: AIG INSURANCE COMPANY OF CANADA
For: WILLIS CANADA INC.

ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED

ENDORSEMENT (THIRTY DAYS)
In consideration of the premium charged, it is hereby understood and agreed that this endorsement modifies insurance provided by the policy:

SCHEDULE
Name of Certificate Holder(s) and Address:

As on File with Willis Towers Watson
Except with respect to cancellation for non-payment of premium, a thirty (30) day notice of cancellation shall be given to the Certificate Holder(s) shown in the above Schedule.

Other than the right to receive notice of cancellation as set forth herein, this endorsement confers no rights under this policy to the Certificate Holder(s) including, but not limited to, additional insured status or additional Named Insured status.

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS SHALL REMAIN UNCHANGED. © All rights reserved.

March 31, 2025
Wie- -e-
Date AIG Insurance Company of Canada
LX 120142 (07/15)

Page 2594 of 3058 ends

6zi -al

AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the day of � , 2020,202.1 by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. Street, Beaumont, California 92223 and EXP U.S. Services, Inc. whose address is 451 E. Vanderbilt Way, Suite 375. San Bernardino. CA 92408 ("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 Engineering Services for Beaumont Master DrainaL e Plan (MDP) Line 2, Stage 1 Project (CIP2019-019); and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A"; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

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

1. Term of A=reement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after two (2) years 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 Engineering Services for Beaumont Master Drainage Plan MDP ] Line 2. StaJle 1 Pro'ect (CIP2019-019) per Exhibit "A" 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 Khalil Saba as CONTRACTOR'S professional 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.

4. Compensation.
1

Page 2595 of 3058 ends

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 four hundred forty-two thousand two hundred fourteen dollars ($442,214).

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 pursuant to this agreement, 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. Obliations of CONTRACTOR.

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

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

Page 256 of 3058 ends

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

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

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

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

Page 25397 of 3058 ends

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

7. General Conditions i,ertaininL: 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, and endorsements, .

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

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

Page 2598 of 3058 ends

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 , to the extent caused by the negligent performance of work under 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 to the extent caused by the CONTRACTOR's negligent performance of services under this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY. Subject to California Civil Code Section 2782.8, the provisions of the Section regarding CONTRACTOR's duty to defend and indemnify shall be limited to apply only to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the

CONTRACTOR

Page 259 of 3058 ends

b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

9. Additional Services, Changes and Deletions.

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 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, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 CONTRACTOR hereby specifically represents and warrants to CITY that

Page 260 of 3058 ends

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. Material developed by CONTRACTOR pursuant to this Agreement, shall not be modified or used for purposes other than those for which they were provided as part of the Project without CONTRACTOR's prior written consent. CONTRACTOR shall have no liability with respect to any unauthorized reuse, transfer, or modification of CONTRACTOR's data or documents by the CITY or any person or entity that obtains the data or documents from or through the CITY.

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

13. Miscellaneous Provisions.

13.01 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

Page 2661 of 3058 ends

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.

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 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

Page 262 of 3058 ends

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.

CITY: CONTRACTOR:

CITY OF
By:
a, , ayor
EXP U.S. Services, Inc.
k
By:

Print Name: Khalil Saba
Title: Vice President

Page 26 ends

EXHIBIT "A"

PROPOSAL
(insert behind this page)

Page 2604 of 3058 ends

P�
November 5, 2020
City of Beaumont
Attn: Jeff Hart, Public Works Director/ City Engineer
Public Works Department
550 E. 6th Street
Beaumont, CA 92223
Request for Proposal for Professional Engineering Services for Beaumont Master Drainage Plan Line 2, Stage 1- Updated Scope of Services and Fee
Dear Mr. Hart,
Per your letter request dated October 27, 2020, EXP U.S. Services is pleased to submit our Revised Scope of Work and Fees. We understand that Riverside County Flood Control and Water Conservation District (RCFC & WCD) will be performing an analysis for the deficient downstream facilities and the 1982 Hydrology Study will be used to design Line 2, Stage 1.

We look forward to working with the City and should you have any questions regarding this scope of work and fees, please contact Portia Gonzalez, P.E., Project Manager at 949.257.5340 or by e-mail portia.gonzalez®exp.com.

Respectfully Submitted,
Khalil Saba, PE
Vice President, Transportation Sector, Southern California t: 909.751.3253 I m: 909.228.2821 I e: [email protected] 451 E. Vanderbilt Way, Suite 375 I San Bernardino, CA 92408 t 909.239.6249 I exp • com

Page 2605 of 3058 ends

EXP
City of Beaumont I Master Drainage Plan Line 2, Stage 1 Updated Scope of Services + Fee
November 5, 2020
Revised Scope of Work
Together with the City at the kick-off meeting upon NTP, the EXP team will review our 12 -month schedule and create a baseline schedule for your approval. Portia will update the schedule bi-weekly to apprise the City of Beaumont of the work progress.

EXP will begin with topographical mapping, utility research, right of way mapping, and permit identification. Resource allocation is the roadmap for the design and oversight teams to work together delivering the project. For our 12-moSnth environmental and design schedule, the following scope of work defined in the RFP and our deep understand of the project are discussed in detail below.

Detailed Workplan of Specific Work Task
TASK 1 I PROJECT MANAGEMENT

1.1 Meetings: A project kickoff meeting will be conducted to confirm the Scope of Services and design parameters. PDT meetings will be conducted monthly or as necessary throughout the duration of the project to track the overall project and facilitate the flow of information between the City, EXP, and all other stakeholders. Additional as -needed meetings will be held to address specific concerns. Agendas and meeting minutes will be generated for each meeting. (10 meetings assumed).

1.2 Coordination + Progress Reporting: EXP will provide coordination with City staff as well as other stakeholders as required. These may include RCFC, UPRR, Cherry Valley Water District, adjacent property owners or management companies. EXP will supervise, coordinate, monitor and review the project for conformance with standards, policies, and procedures. Monthly progress reports will also be provided to document the progress on the project. The EXP team will conduct a field review of the project site.

Deliverables:

Project Schedule
Monthly Project Status Reports
Meeting Minutes
PMP
TASK 2 I TOPOGRAPHIC SURVEY + BOUNDARY CONTROL

2.1 Control Surveys: Existing monuments will be utilized where available and durable monuments will be set as required where no suitable monuments exist. Should additional survey control be required to be set, horizontal and vertical control will be established from said existing survey control.

2.2 Photogrammetric Mapping: No additional aerial mapping will be obtained. Only existing mapping will be utilized and supplemented with ground surveys for areas of this project not covered by existing mapping.

2.3 Topographic Survey: Topographic field surveys will be performed to collect verification surveys within the project limits as identified by the design engineer. Supplemental surveys will be used to collect areas which are found to be different during our field review and to collect information at critical tie-in points, surface visible utilities and other features obscured by vegetation or shadows in the aerial mapping which fall within the survey limits. The topographic survey data will be processed and plotted at a scale comparable to the existing mapping files.

2.4 Utility Mapping: Field surveys will be performed to support the utility potholing effort. Once the potholes are completed, survey crews will obtain the location of the potholes and incorporate this information with the topographic survey. �,
44ex
p.

Page 2606 of 3058 ends

EXP
City of Beaumont I Master Drainage Plan Line 2, Stage 1 Updated Scope of Services + Fee
November 5, 2020

2.5 Right of Way Base Map: Office staff will review existing base map provided by the city and verify the right of way and centerline data shown on said existing plans. Research will be conducted with the County of Riverside for maps and documents relating to the flood control right of way and street right of way. It is not anticipated that any field work will be needed for this task so no time has been included. Should there be a need for additional services beyond a review verification, these additional services will require additional fees outside this scope and fee.

Deliverables:

Topographical Mapping
• Aerial Photography
• Base Mapping with Utilities
• Right -of -Way and Control Points
TASK 3 I UTILITIES RESEARCH
Epic will act as the primary point of contact between the utility owners and project team identified on the utility plans.

The scope of work will include:

3.1 Utility As-Builts: They will collect utility as-builts, actively participate in PDT/utility focus meetings, prepare the introductory request for as -built notices to twelve (12) utility owners and also, prepare and issue utility verification notices to make sure the facilities are accurately plotted on the project utility plans.

3.2 Reviews and Verification: Coordinate and perform up to ten (10) potholes, as well as provide a fee for each additional requested. A review and verification with the design team which facilities are considered in conflict will also be completed.

They will coordinate and plan a meeting amongst the utility owner, design team and the City as needed to discuss the project design, relocation alternatives, and a plan to resolve the conflict (Est. four (4) meetings including field meetings) and provide a final close-out file to the City.

Deliverables:
• Three (3) copies and one (1) digital copy of the Pothole Location Exhibit.

TASK 4 I REGULATORY COMPLIANCr

4.1 Biological Resources Technical Report and Focused Surveys: A detailed literature and database review will be conducted to identify special -status species known or reported from the project area, as well as applicable Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) area policies. Following the literature review, ICF will perform field surveys and prepare a Biological Technical Report (BTR) analyzing potential impacts to biological resources and MSHCP consistency for this task. The site is within a burrowing owl survey area, and a four -visit focused survey will be performed within all suitable habitat between March 15 and August 31 in the project's limits of disturbance (LOD) and a 500 -foot buffer.

4.2 Noise Technical Memorandum: ICF will conduct a noise analysis of construction impacts related to the Project, which would consist of 5,000 feet of reinforced concrete pipe being placed underground. Along with the residences identified toward the southern section of the alignment, ICF will identify any other noise -sensitive land uses located in the general vicinity of the Project that could be impacted by noise and vibration during construction. Based on the nature of the project, operational noise would generally be negligible. Therefore, it is assumed that operational noise will be address qualitatively. The City of Beaumont generally exempts construction, except for interior levels that could exceed the City's municipal code at residences.

4.3 Cultural Resources Assessment: Historic maps and photographs will also be reviewed, if available. Due to the COVID-19 pandemic, the SCCIC is closed to outside researchers; therefore, records search results are

Page 2607 of 3058 ends

p

EXP
City of Beaumont I Master Drainage Plan Line 2, Stage 1 Updated Scope of Services + Fee
November 5, 2020
expected to be delayed. According to SCCIC, a duration of at least 13 weeks should be expected from the time the record search is submitted to the time that the record search information is received. The scope of work will include:
• Pre -field Coordination
• Pedestrian Survey
Paleontological Resources

4.4 Air Quality and Greenhouse Gas Technical Memorandum: The Air Quality Impact Analysis will be prepared to meet County and South Coast Air Quality Management District (SCAQMD) CEQA requirements. Impact analyses will be prepared consistent with the analytical methodology, technical requirements, and significance criteria outlined by the SCAQMD in their CEQA Air Quality Analysis Handbook (as updated per the SCAQMD website).

4.5 CEQA Categorical Exemption: ICF will prepare a CEQA Notice of Exemption (NOE) for approval by the City and filing by ICF. ICF assumes that the noise, biological resources, air quality, and cultural resources technical studies and memos that are prepared will support the NOE. Only the NOE is assumed; no separate report or document.

Deliverables:
• Technical Reports + Memoranda
• Three (3) copies and one (1) digital copy of applications permits and correspondence TASK 5 I GEOTECHNICAL INVESTIGATION
Geocon will prepare an encroachment permit application for the City of Beaumont and Caltrans to perform borings and subsequent patching within the roadways.

5.1 Geotechnical Borings: Geotechnical borings will be excavated along the proposed storm drain alignment. We have budgeted two days of drilling to excavate ten borings. We will measure the pavement and base thicknesses, log the geotechnical borings based on USCS criteria, and collect soil samples for laboratory testing. The borings will be backfilled with soil cuttings and temporarily patched with cold patch asphalt. The scope of work will include:

5.2 Laboratory Testing: Perform laboratory testing, which is anticipated to include maximum density/optimum moisture, in -situ density and moisture, direct shear, corrosion screening, and R -value testing. The final laboratory program will be based on conditions encountered during drilling.

5.3 Geotechnical Report: Prepare a geotechnical report for the proposed improvements. The report will include geotechnical recommendations for design and construction of the storm drain line, including temporary excavations, utility backfill, pavement restoration, temporary shoring pressures, boring logs, boring location map, results of laboratory testing, and identification of geologic hazards which could impact the proposed improvements.

OPTIONAL - Pump Testing will be performed if groundwater is encountered within the borings. We will collect water samples during drilling and run environmental laboratory tests to determine the chemical properties of the water so a disposal plan can be made. The cost of disposing of the water will depend on the chemicals within the groundwater.

Deliverables:

Three (3) copies and (1) digital copy of the draft
Final Geotechnical Report
Task 6 I Preliminary Design (30% + 60% Submittals)
The Preliminary Design will be based on the hydrology and hydraulic study and will include catchbasin locations, pipe alignment and profiles.

Page 2608 of 3058 ends

EXP
City of Beaumont I Master Drainage Plan Line 2, Stage 1 Updated Scope of Services + Fee
November 5, 2020
6a. 30% Submittal
6a.1 Hydrology and Hydraulic Study: EXP will utilize the Riverside County Flood Control District 1983 Hydrology Study design flows for Line 2 and develop a hydraulic model using WSPG to establish the Water Surface Profile/Hydraulic Grade Line.

The 10 -year and 100 -year flow rates will be calculated for all catchbasins and off -site areas. The RCFC & WCD Hydrology Manual and Rational Method will be used to calculate peak flows for all catchment points. Flowmaster will be used to size the catchabsins and calculate flow spread.
6a.2 Hydrology + Hydraulics Report: The report will include a narrative, Rational Method Hydrology results and summary table, WSPG calculations, and catchbasin hydraulics results and summary table. A Drainage Area Map will be included that will include information such as catchment points and respective peak flow rates, tributary areas, times of concentrations and flow lengths.
6a.3 30% Storm Drain + Plan Profile: With the base mapping completed, the preliminary storm drain plan and profile will show the Line 2 — Stage 1 trunk line, utilities, right of way, TCE's, lateral connections and stubouts for future connections, manholes, junctions structures, transition structures, catchbasins and lengths, local depressions, outlet points, and other catchment point locations will be shown. Typical sections will also be shown for this submittal. The plans will be prepared using a 1":20' scale and profile will be prepared using 1":5'. Annotations will be added to show invert elevations, slopes, hydraulic information, pipe sizes, roadway stationing, pipe off -set distances.

Deliverables:

Hydrology + Hydraulics Report
• Preliminary Storm Drain Plans + Profiles
• QA/QC Certification
6b. 60% Submittal: The 60% submittal will incorporate comments that are agreed upon from the 30% submittal. Pothole information will define the final alignment and profiles. The Plans and Drainage Reports will be updated from the 30% submittal and also include Drainage Structure Details; Roadway Improvement Plans; Utility Relocation Plans; Traffic Control Plan; and Engineer's Estimate.

Deliverables:

Three (3) copies and one (1) digital copy of all deliverables • Updated Hydrology + Hydraulics Report
• Updated Storm Drain Plans + Profiles
• Structural Details
• Traffic Control Plans
• Utility Relocation Plans
• Specifications + Special Provisions
• Engineer's Estimate
• QA/QC Certification
TASK 7 I FINAL DESIGN (90% + 100% SUBMITTALS)
Following the incorporation of the City's and RCFC & WCD comments on the 60% level plans and draft bid package. EXP will submit final PS&E documents to the City for review and approval.

Page 2609 of 3058 ends

EXP
City of Beaumont I Master Drainage Plan Line 2, Stage 1 Updated Scope of Services + Fee
November 5, 2020
7a. 90% Submittal Package: The following will be provided in the 90% submittal package.

1. Title Sheet: RCFC Title Sheet

2. Storm Drain Plans and Profiles

3. Connector Pipe Profiles:

4. Structural Details

5. Utility Relocation Plans:
6 RCP Bedding and Paylines

7. Street Improvement Plans

8. Traffic Control Plans

9. SWPPP

10. Specifications and Special Provisions
11 Engineers Estimate
7b. 100% Submittal Package: The 100% submittal package will be finalized to include all comments/resolutions received from the City, RCFC + WCD, UPRR, Caltrans, utility owners and other stakeholders. The technical specifications and special provisions and engineers estimate will be finalized for City approval.

Deliverables:
• Three (3) copies and one (1) digital copy of all deliverables • Final Hydrology + Hydraulics Report
• 90% + 100% PS&E;
• QA/QC Certification

Page 2610 of 3058 ends

-4ex
p

EXHIBIT "B"

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

Page 2611 of 3058 ends
Page 1 of 2 ends

CERTIFICATE OF LIABILITY INSURANCE
A�� D

DATE IY
01/27/2021
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
Willis Towers Watson Midwest, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
CONTACT Willis s Towers Watson Certificate Center
PHONE
Extl: 1-877-945-7378 FAX 1-888-467-2378
E-MAIL [email protected]
ADDRESS:

INSURER(S)AFFORDINGCOVERAGE
NAIC#
INSURER A: XL Insurance America Inc
24554

INSURED
EXP US Services, Inc.
205 N. Michigan Ave.

Chicago, IL 60601
INSURER B: Continental Casualty Company
20443
INSURER C: AIG Insurance Company of Canada
B1206
INSURER D:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: W19943729
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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
LTR !l L_yyvC POLICY NUMBER IMM/DD/YYYYI IMM/DDIYYYYI

X COMMERCIAL GENERAL LIABILITY

CLAIMS -MADE
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

PRO-
JECT
POLICY
OTHER:

X
LOC
Y Y
US00057823L120A 04/30/2020 03/31/2021
LIMITS
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
2,000,000
2,000,000
25,000
2,000,000
2,000,000
2,000,000

AUTOMOBILE LIABILITY

X ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED NON -OWNED

AUTOS ONLY AUTOS ONLY
6076413496
COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
BODILY INJURY (Per person) $
03/31/2020 03/31/2021 BODILY INJURY (Per accident) $

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
DED ri RETENTION $
OCCUR

CLAIMS -MADE
EACH OCCURRENCE $

AGGREGATE

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

B ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
No
N/A
6072004033
X
PER

STATUTE
OTH-
ER
03/31/2020 03/31/2021 E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
1,000,000
1,000,000
1,000,000
C Professional Liability
061127095 03/31/2020 03/31/2021 Per Claim/Aggregate $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Professional Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) CITY, its officials, employees and agents are included as Additional Insureds as respects to General Liability.

General Liability and Auto Liability policy shall be Primary and Non -Contributory with any other insurance in force for or which may be purchased by Additional Insureds.

CERTIFICATE HOLDER

CANCELLATION

CITY OF BEAUMONT
550 E. 6th Street
Beaumont, CA 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

The ACORD name and logo are registered marks of ACORD
se IDrdOW6 612 of 30'56° 1964448

AGENCY CUSTOMER ID:

LOC #:

ACORD

ADDITIONAL REMARKS SCHEDULE

Page 2 of 2 ends

AGENCY
Willis Towers Watson Midwest,
Inc.

NAMED INSURED
EXP US Services, Inc.
205 N. Michigan Ave.

Chicago, IL 60601

POLICY NUMBER
See Page 1

CARRIER
See Page 1

NAIC CODE
See Page
1 EFFECTIVE DATE: See Page
1 ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability.

ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
SR ID: 20650612 PaguQ616i 3058 CERT: W19943729

BEAU C.

A L I T

CITY OF BEAUMONT
City Hall
550 E. 6th Street
Beaumont, CA 92223
PH: (951) 769-8520
FAX: (951) 769-8526
ISSUED TO: EXP US SERVICES, INC
205 N. MICHIGAN, STE 3600
CHICAGO, IL 60601 -

PURCHASE ORDER
PO Number: 20/210876-R1 Date: 07/01/2022
Requisition #: REQ0001457 Vendor #: 4339
SHIP TO:

CITY OF BEAUMONT CA
Attn:PUBLIC WORKS
550 EAST 6TH STREET
BEAUMONT, CA 92223

ITEM UNITS DESCRIPTION
GL ACCT # PROJ ACCT #

PRICE AMOUNT
1 0 ENGINEERING FOR BMT MASTER PLAN LINE 2 STAGE 1
2 0 Amendment 1
500-0000-8030-0000
500-0000-8030-0000
2019-019A
2019-019A

0.00 0.00
417,425.12
61, 847.00
Authorized by:

SUBTOTAL:
479,272.12
TOTAL TAX:

0.00 SHIPPING:

0.00 TOTAL
479,272.12

1. Original invoice with remittance slip must be sent to: ATTN: Finance - City Hall, 550 E. 6th Street, Beaumont, CA 92223.

2. Payment may be expected within 30 days of receipt of goods and invoice.

3. C.O.D. shipment will not be accepted.

4. Purchase Order numbers must appear on all shipping containers, packing slips and invoices. Failure to comply with the above request may delay payment.

5. All goods are to be shipped F.O.B. Destination unless otherwise stated.

6. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved will be returned at no cost to the City.

7. All goods and equipment must meet or exceed all necessary city, state and federal standards and regulations.

8. Vendor or manufacturer bears risk of loss or damage until property received and/or installed.

9. Seller acknowledges that the buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer.

10. ID# 95-6000676

Page 2614 of 3058 ends

FIRST AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND EXP U.S. SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2, STAGE 1 PROJECT (CIP2019-019)

THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 1st day of November, 2022, by and between the CITY OF BEAUMONT, a general law city, ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and EXP U.S. Services, Inc. whose address is 451 E.

Vanderbilt Way, Suite 375, San Bernardino, CA 92408 ("CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

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

A. On December 15, 2020, the City and EXP U.S. Services, Inc., entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor" for Professional Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) ("Agreement").

B. City has requested a further change in scope to the work under the Agreement regarding additional engineering services and grant application assistance and CONTRACTOR has requested that the scope of work should be increased as provided in the Proposal dated October 6, 2022, a copy of which is attached hereto as Exhibit "A", and incorporated herein by this reference.

2. AMENDMENT
Section 1 of the Agreement is hereby amended to extend the period of time during which the Services are to be provided hereunder, but not to exceed February 16, 2024.

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

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original Agreement, compensation was set at an amount not to exceed Four Hundred Forty -Two Thousand Two Hundred Fourteen Dollars ($442,214).

Per this First Amendment, compensation of Four Hundred Forty -Two Thousand Two Hundred Fourteen Dollars ($442,214) is increased by the maximum amount of Sixty -One

Page 2615 of 3058 ends

Thousand Eight Hundred Forty -Seven Dollars ($61,847.00) as provided in the Proposal attached hereto as Exhibit "A" resulting in total compensation under the Agreement not to exceed Five Hundred Four Thousand Sixty -One Dollars ($504,061).

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

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

CITY:

CITY OF BEAUMONT
By:
vitz,Ma
ATTEST
77isbi/t.2,
C C&tk

APPROVED AS TO FORM
John Pinkney, City Attorney
CONTRACTOR:

EXP U.S. SERVICES. INC.

W%\--110JJ--
By:

Khalil Saba
Print Name:

Title:

Vice President

Page 2616 of 3058 ends

EXHIBIT "A"
PROPOSAL DATED OCTOBER 6, 2022

Page 2617 of 3058 ends

MEMORANDUM
TO: ROBERT VESTAL, P.E. - CITY OF BEAUMONT
FROM: PORTIA GONZALEZ, P.E.

SUBJECT: BEAUMONT MDP LINE 2 STAGE 1 - SCOPE AND FEE CHANGE DATE: OCTOBER 6, 2022
Please find the scope and fee change for updating the Line 2 hydrology study and performing the hydraulic analysis for Berkshire Channel. It is our understanding that the City and Riverside County Flood Control District (RCFCD) propose to design the Line 2 storm drain for the 10 -year storm event.

Scope Addition:
• Coordination with RCFCD and City
• Perform Hydrology Study south of I-10 for the Qio and Qioo ultimate land use conditions.

Sub -area delineations will be prepared and approved by the City and RCFCD prior to developing the hydrology models.
• Prepare Hydrology and Hydraulics Memorandum. The City and RCFCD to provide review comments and EXP will incorporate comments in the Final Hydrology and Hydraulics Study and Memorandum.
• Review existing available drainage reports from Tract 31520 and 31520-1 and evaluate Berkshire Channel Hydraulics for the updated peak flows. The City and RCFCD to provide review comments and EXP to incorporate comments to the Final Hydraulic Study.
• Evaluate Potential Detention Basin Feasibility. Evaluation includes preliminary basin sizing, plans, basin routing calculations, inlet and outlet pipe hydraulics, emergency spillway evaluations.

Should you have any further questions, please feel free to contact me. Thank you.

Page 2618 of 3058 ends

Cost & Price Form
Name of Firm: EXP U.S. SERVICE
Project: Beaumont MDP Line 2 - Stage 1
Year 2022-2023
Notes and Assumptions: Escalation rates are
not applied. New rates become effective March
31, 2023
HOURS
FtigailiST
Project Manager
30 $116.00
$3,480
Senior Project Engineer
4 $115.38
$462
Senior Drainage Engineer
100
$90.00
$9,000
Drainage Engineer
84 $46.64
$3,918
TOTAL
218
$16,859

TOTAL DIRECT LABOR (COST)
$16,859
TOTAL DIRECT LABOR (Hours)
218

2. INDIRECT COSTS (overhead, G&A - specify)
INDIRECT RATE C/0)
X BASE =
COST
Fringe

65.32%
$16,859
$11,012
Overhead
114.02%
$16,859
$19,223
•
$30,274
• • • .
$47,133
•
$4,713
ODC's
$0
TOTAL EXP PRICE _
$51,8

6. SUBCONSULTANT FEES
David Evans and Associates (Topo Mapping)
$0.00
Geocon (Geotechnical)
$0.00
EPIC Land Solutions (Utilities and Right of Way)
$0.00
ICF (Regulatory Compliance)
$0.00
Total Sub -Consultant Fee
$0.00
City Contingency Funds
$ 10,000.00
DATE

SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE OF CONSULTANT 10/6/2022
V

Page 2619 of 3058 ends

1 of 1

EXP U.S. Services
Hourly Tasks
October 6, 2022

DESCRIPTION
FIRM
a
a
u
m
a`
d
N
C
c
W
f
a
o
c
u)
N
w
a
W
w
R
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6 `o
co
N
C
c
W
m
c
m
6 a'
O
i
J
0 I -

PROJECT MANAGEMENT / COORDINATION /ADMINISTRATION
1 ,
Meetings
EXP
8 4
12 Coordination and Progress Reporting
EXP
4 4
SUBTOTAL Task 1 - Project Ma
ENGINEERING DEVELOPMENT i
6a
30% Submittal Package
18 0
100
84 202
6a.1
Line 2 Hydrology Study
EXP
8 40
24 72
6a.b
Technical Memorandum
EXP
2 12
14 6a.3
Hydraulic Analysis Berkshire Channel and Basin Analysis EXP
8 48
60 116
TOTAL
30 4
100
84 218

Page 2620 of 3058 ends
Page 1 of 2 ends

A���
lJ CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
02/07/2023
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
Willis Towers Watson Midwest, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
CONTACT Willis Towers Watson Certificate Center
NAME:

PHONE 1-877-945-7378 FAX 1-888-467-2378
(A/C. No. Ext): (A/C, No):

E-MAIL [email protected]
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: XL Insurance America Inc
24554

INSURED
EXP US Services, Inc.
205 N. Michigan Ave.

Chicago, IL 60601
INSURERS: National Fire Insurance Company of Hartfor
20478
INSURERC: Continental Casualty Company
20443
INSURERD: AIG Insurance Company of Canada
B1206
INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: W28043281
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

TYPE OF INSURANCE

AINSD DDL
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

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

COMMERCIAL GENERAL LIABILITY
Y
Y
US00057823LI22A
03/31/2022
03/31/2023

EACH OCCURRENCE
$ 2,000,000

CLAIMS -MADE
X
OCCUR

PR TO RENTED
PREMISES ( (Ea occurrence)
$ 2,000,000
X
Contractual Liability
MED EXP (Any one person)
$ 25,000

PERSONAL&ADVINJURY
$ 2,000,000
GEN'L

AGGREGATE
X

LIMIT APPLIES

JECT PRO
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OPAGG
$ 2,000,000
$
B

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
6076413496
03/31/2022
03/31/2023

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

PROPERTY DAMAGE
(Per accident)
$
$

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
No
N/A

6072004033
03/31/2022
03/31/2023
X
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
D
Professional Liability
061127095
03/31/2022
03/31/2023
Per Claim
Aggregate
$3,000,000
$3,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Professional Engineering Services for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) CITY, its officials, employees and agents are included as Additional Insureds as respects to General Liability.

General Liability and Auto Liability policy shall be Primary and Non -Contributory with any other insurance in force for or which may be purchased by Additional Insureds.

CERTIFICATE HOLDER

CANCELLATION

CITY OF BEAUMONT
550 E. 6th Street
Beaumont, CA 92223

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
641 A,„,
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD nampogoNetsl redieNgmarks of ACORD
SR ID: 23718479 BATCH: 2843388

AGENCY CUSTOMER ID:

LOC #:

ACORD®

ADDITIONAL REMARKS SCHEDULE

Page 2 of 2 ends

AGENCY
Willis Towers Watson Midwest, Inc.

NAMED INSURED
EXP US Services, Inc.
205 N. Michigan Ave.

Chicago, IL 60601

POLICY NUMBER
See Page 1

CARRIER
See Page 1

NAIC CODE
See Page
1 EFFECTIVE DATE: See Page
1 ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability.

ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.

The ACORD name IElys 2�ggt$tj@arks of ACORD
SR ID: 23718479 BATCH: 2843388 CERT: W28043281

POLICY NUMBER: US00057823L122A COMMERCIAL GENERAL LIABILITY CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

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):

Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement.

Information recuired 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 your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

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 26 12 19
© Insura'Fig@de262a affiN5Bc., 2018 Page 1 of 1

POLICY NUMBER: US00057823L122A 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 that you are required
written contract or written agreement to include as
an additional insured provided the "Bodily Injury"
or "Property Damage" occurs subsequent to the
execution of the written contact or written
agreement.

As required per written contract
Information recuired to comolete 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.

CG 20 37 12 19
© Insur g@de26C4 affiN5Bc., 2018 Page 1 of 2

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.

Page 2 of 2 ends

© InsurdPeg8e262a saffn5Bc., 2018 CG 20 37 12 19

C11-01 . Z

SECOND AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BEAUMONT AND EXP U.S. SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2, STAGE 1 PROJECT (CIP2019-019)

THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 15th day of August, 2023, by and between the CITY OF BEAUMONT, a general law city, ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and EXP U.S. Services. Inc. whose address is 451 E.

Vanderbilt Way. Suite 375. San Bernardino. CA 92408 ("CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:

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

A. On December 15, 2020, the City and EXP U.S. Services. Inc., entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor" for Professional Ens;ineerina Services for Beaumont Master Drainage Plan (MDP) Line 2. State 1 Project (CIP2019-019) ("Agreement").

B. CONTRACTOR has requested that the fee should be increased as provided in the Proposal received May 17, 2023, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference.

2. AMENDMENT
Section 1 of the Agreement is hereby amended to extend the period of time during which the Services are to be provided hereunder, but not to exceed February 16, 2025.

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous amendments, compensation was set at an amount not to exceed Five Hundred Four Thousand Sixty -One Dollars ($504,061). Per this Second Amendment, compensation is increased by the maximum amount of twenty thousand and three dollars ($20,003.96) as provided in the Proposal attached hereto as Exhibit "A" resulting in total compensation under the Agreement not to exceed five hundred and twenty-four thousand and sixty-four dollars ($524,064.96).

Page 2626 of 3058 ends

CZ! - 0°I.1
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.

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

CITY:

CITY OF BEAUMONT
Ju}iu Maitiii. III, Mayor
David ttrm.

APPROVED AS TO FORM
John Pi}Cney, City torney
CONTRACTOR:

EXP U.S. SERVICES, INC.

Print Name: Gabriel Rodriguez
Title: Vice President

Page 2627 of 3058 ends

EXHIBIT "A"

PROPOSALS

Page 2628 of 3058 ends

Cost & Pric e Form
8908 40 6Z9Z abed
NAME OF SUBCONSULTANT:

DEA
BEAUMONT LINE 2 STAGE 1
Name of Firm: EXP U.S. SERVICES

1. DIRECT LABOR
Year
2023-24
HOURS
RATE
COST
`
Robert D. Vasquez, PLS
10 $86 .00
5860
Felicia M entz
9 $39 .22
5353
Kent Groh, PLS
10 $76.92
5769
Do ug Fulde , PLS
84 $55 .50
3-0 .662
Steven Steinhoff, LSIT
20 $54.50
$1 090
Jeremy Schiff, LSIT
0 $44.00
$0
Ro bert Muro
0 $59.51
$(1
_
Chris Dominguez
52 $59.51
33 OP5
Fulton Torreyson
0 $54.86
50 Mike Balde rston
52 $54.28

52.823
o
so
TO TAL_ 237
$13551
_

TOTAL COST

TOT AL DIRECT LABOR 'COST)
$1 : 451
TOTAL DIRECT LABOR (Hours
_37.C •@

2. INDIREC T COSTS (ove rhead, G&A -specify)
INDIRECT RATE (%)
X BASE =
COST
rnngo
57 58`- S
$13,651

5.•' 560
Overneaa
119.87%
$13,651
4,15,364
G&A

0.00%
$13,651
$0

TOTAL INDIRECT
$24,224

3. TOTAL DIRECT COST AND INDIRECT COSTS (sum of Tines 1-2) $37,875

4. FIXED FEE OR PR OFIT
ls; eci'r, applies to Ina 3 only:
$37,875
i $3,788
$37,875
$0

TOTAL FEE
S3 7A9

5. OTHER DIRECT COSTS (specify)
ODC's
$300
T OTAL 0.THEP OIRECT
$270.00

6. TOTAL PROPOSED PRICE (su m of Tines 3, 4 a nd 5) _ _ _ _ _ $41,962.96.

DATE

SIG NATURE AND TITLE OF AUT-ORIZED REPRESENTATIVE OF CONSULTANT 1 of 1

Cost & Price Form
Name of Firm: EPIC
Project: Beaumont MDP Line 2 - Stage 1
Year 2020-2021
Notes and Assumptions:
not applied.

Escalation rates are
HOURS
RAW
RATE
COST
Mike Mays
48 $57,69
$2,769
Bernadette Salto
206
$35,10
$7,231
Abigail Lopez
16 $53.37
$854
0 0
$0.00
$0
0 0
$0.00
$0
0 0
$0.00
$0
TOTAL
270
$10,854

TOTAL DIRECT LABOR (COST)
$10,854
TOTAL DIRECT LABOR (Hours)
270

2. INDIRECT COSTS (overhead, G&A - specify)
INDIRECT RATE (%)
X BASE =
COST
Fringe

48.25%
$10,854
$5,237
Overhead

73.07%
$10,854
$7,931
G&A

43.61%
$10,854
$4,733
1OTAL INDIRECT
$17,901

3. TOTAL DIRECT COST AND INDIRECT COSTS (sum of lines 1. $28,755

4. FIXED FEE OR PROFIT
+specify, applies to line 3 only)

10.00%
$28,755
$2,875

TOTAL FEE
$2,875

5. OTHER DIRECT COSTS (specify)
ODC's
$15,250

TOTAL PRICE
$46,880

OF CONSULTANT
DATE

SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE

Page 2630 of 3058 ends

1 of 1

iiiV Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services Converse Consultants
July 22, 2021
Revised May 11, 2023
Ms. Portia Gonzalez, PE, QSD/QSP
Vice President, Area Manager, Orange County
EXP
451 Vanderbilt Way, Suite 375
San Bernardino, CA 92408
Subject: REVISED PROPOSAL TO PREPARE A GEOTECHNICAL

INVESTIGATION REPORT
Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project Approximately 5,000 Linear Feet of 69 -inch Diameter Reinforced Concrete Pipe (RCP)
City of Beaumont, Riverside County, California
Converse Project No. 21-81-222-00 (01)
Dear Ms. Gonzalez:

Converse Consultants (Converse) appreciates the opportunity to be on your team to prepare a geotechnical investigation and water infiltration test report to assist with the design and construction of the above -referenced project. Our proposal is based on the following.
• Review of the Request for Proposal (RFP) for Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 issued by the City of Beaumont (City), Department of Public Works, dated May 4, 2020.
• Conducted a site visit on May 12, 2020.
• Reviewed City's response to consultant's questions.
• Information provided in your emails dated July 21, 2021 and May 11, 2023.

Our proposal dated July 22, 2021 has been updated to incorporate 2023 fee schedule for Converse and our outside vendors.

PROJECT DESCRIPTION
The Beaumont MDP Line 2, Stage 1 project will consist of approximately 5,000 linear feet of 69 -inch and larger diameter reinforced pipe (RCP). The general limits of Stage 1 are as follows.
• Along 6t" Street from Chestnut to Pennsylvania.
• Along Pennsylvania Avenue from 6th Street to 1st Street. ▪ Along 1St Street from Pennsylvania Avenue to an existing earthen channel (roughly 800 feet east of Pennsylvania).
2021 Rancho Drive, Suite 1, Redlands, California 92373
Telephone: (909) 796-0544 • Facsimile: (909) 796-7675 • www.converseconsultants.com

Page 2631 of 3058 ends

Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 2 ends

The following are initial constraints identified for this project. • The alignment will cross Caltrans facility.
• The alignment will cross Union Pacific Railroad (UPRR) tracks. • The City is developing a widening project for Pennsylvania Avenue. • The City is planning a future grade separation for the Pennsylvania Avenue and UPRR crossing.
• The City is developing a street improvement project to extend 2nd Street approximately 1,700 -feet west to intersect with Pennsylvania Avenue. • Due to the future grade separation, the RCP may be up to 25 -feet deep in certain areas.
• There are numerous existing utilities that may conflict with the proposed alignment. • There are numerous culvert crossings along the I-10 that will need to be accommodated in the design, as part of the construction or a future. project.

SITE DESCRIPTION
The surface condition along the storm drain alignments is presented below along with the photos.
6th Street; Chestnut Street to Pennsylvania Avenue
• Approximately 1,280 linear feet in length.
• Paved road with 2 lanes in each direction. Approximately 62 feet wide. • Few overhead utilities and overhanging streetlamps. No trees or other overhead obstructions.
• Bike lanes on edge of roadway in each direction. Sidewalks on both sides of street.

Business (non-residential) district. Drilling in the street may require the closure of one lane.
• Medium to heavy traffic was observed midday.

Pennsylvania Avenue; 6th Street to 1st Street
• Approximately 2,800 linear feet in length.
• Paved road with one lane in each direction. Approximately 45 feet wide. • Few overhead utilities, trees, and overhanging streetlamps. • Businesses and vacant land on the east side of road. Vacant land on west side of road.
• Approximately 150 -foot -wide freeway overpass located approximately 700 feet south of intersection of 6th Street and Pennsylvania Avenue. • The approximately 60 -foot -wide train crossing zone is located approximately 170 feet south of the freeway overpass.
• Wide shoulder along the majority of street potentially suitable for drilling. Drilling in the street will require the closure of one lane.
• Medium traffic was observed midday.

Converse Consultants
M:WOBFILE12021\81\21-81-222 EXP, MDP Line 2, Stage 1 Storm Drain\Proposal121-81-222_rpro(01)stormdrain

Page 2632 of 3058 ends

Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 3 ends

1st Street Pennsylvania Avenue to 800 Feet East of Intersection • Approximately 800 linear feet in length.

Paved road with 2 lanes in each direction and raised center median. Approximately 60 feet wide.
• No overhead utilities. Sparse trees and overhanging streetlamps. • Wide shoulder along some portions of street potentially suitable for drilling. Drilling in the street will require the closure of one lane.

Medium to heavy traffic was observed midday.

Photo No. 1: This photo shows the conditions of 6th St. between Chestnut Ave. & Pennsylvania Ave. facing northeast.

Photo No. 2: This photo shows the conditions on Pennsylvania Ave. from eh St. facing southwest.

Converse Consultants
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Page 2633 of 3058 ends

Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 4 ends

Photo No. 3: This photo shows the freeway overpass facing south.

Photo No. 4: This photo shows the train crossing zone facing south.

Converse Consultants
M:IJOBFILE12021181121-81-222 EXP, MDP Line 2, Stage 1 Storm Drain\Proposal121-81-222_rpro(01)stormdrain

Page 2634 of 3058 ends

Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 5 ends

Photo No. 5: This photo shows the conditions of Pennsylvania Ave. from V' Street facing north.

Photo No. 6: This photo shows the conditions of 1st St. from the earthen channel facing west.

Converse Consultants
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Page 2635 of 3058 ends

Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 6 ends

Photo No. 7: This photo shows the conditions of the earthen channel facing southeast.

Geology
The alignment is mostly underlain by older surficial sediments consisting of alluvial sand and gravel of plutonic and gneissic detritus from the nearby San Bernardino mountains.

The entire alignment has segments located on or within a half mile of 2 other alluvial units, both contain sand and gravel, clay from flood plains and stream channels may be present.

Groundwater
Groundwater data was reviewed for several locations near the proposed alignment. The shallowest reported groundwater is approximately 100 feet bgs at a location near the l- 10 and Hwy 79 connection approximately 4,200 feet west of the alignment. Shallower perched groundwater may be encountered locally, particularly at bedrock contacts.

PROJECT APPROACH / SCOPE OF WORK
Our scope of work will include the following tasks.

Converse Consultants
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Page 2636 of 3058 ends

Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July22, 2021
Revised May 11, 2023

Page 7 ends

Task 1: Project Set-up
As part of the project set-up, our staff will conduct the following. • Conduct a site reconnaissance and stake/mark the boring locations along the pipe alignment so drill rig access to all the locations is available. ▪ Obtain a no -fee encroachment permit from the City of Beaumont. We understand the City will obtain permit to drill within Caltrans and UPRR right- of-way. Converse will assist in filling out the paperwork. • Notify Underground Service Alert (USA) at least 48 hours prior to drilling to clear the boring locations of any conflict with existing underground utilities.

Task 2: Subsurface Exploration
In general, traffic control during our field investigation will be conducted along the proposed alignment using signs, cones, and an arrow board in accordance with the WATCH manual.

Our surface investigation will include drilling exploratory borings. The purpose of the borings will be to:
■ Obtain subsurface information along the pipe alignment. ■ Collect undisturbed and bulk samples of the various soil types for laboratory testing.

As indicated in the RFP, we plan to drill a total of 6 borings. Based on the existing profile, depth to pipe invert will range from 25.0 to35.0 feet below existing ground surface. We plan drill the borings between 25.0 and 50.0 feet below existing ground surface or to refusal, whichever is shallower.

The borings will be drilled with a truck mounted rig (CME 75 or equivalent) equipped with 8 -inch diameter hollow stem augers for soils sampling. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System.

Undisturbed ring samples of the subsurface materials will be obtained at 5 -foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4 -inch inside diameter and 3.0 -inch outside diameter) lined with thin -walled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 140 -pound hammer falling 30 inches. The number of successive drops of the driving weight ("blows") required for each 6 inches of penetration will be shown on the boring log. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height) and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags from various depths and within a 5 -foot zone of the pipe elevation. Groundwater levels, where encountered in the borings, will be recorded.

Converse Consultants
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Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 8 ends

The borings will be backfilled with soil/cement cuttings and compacted by pushing down with augers using the drill rig weight. The upper 1 -foot will be filled with quick cement and the surface sprayed with black dye. If construction is delayed, the surface may settle over time. We recommend the owner monitor the boring site and backfill any settlement or depression that might occur, or provide fencing around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any potential settlement.

Task 3: Laboratory Testing
Soil samples obtained during exploratory drilling will be tested in our laboratory to evaluate their physical characteristics and engineering properties. Laboratory testing may include, but will not necessarily be limited to, the following. • In -place moisture and density.
• R -value
• Expansion Index
■ Soils Corrosivity.
• Atterberg Limits
■ Sieve analysis.
• Laboratory maximum density.
• Direct shear.

Task 4: Engineering Analyses and Geotechnical Report
Data obtained from the exploratory borings and laboratory testing program will be evaluated to prepare a report which will include the following. • Project description.
• Present condition of the street along the storm drain alignment. • Logs of the exploratory borings.
• Depth of groundwater and bedrock, if encountered.
• Existing pavement structural section at the boring locations. • Discussion on the laboratory test results including soils corrosivity. • Local Geology and faulting.
• Seismic parameters based on 2022 California Building Code. • Liquefaction potential along the SD alignment based on available information. • Allowable soils bearing pressures.
• Allowable at -rest, active, passive and seismic lateral earth pressures. • Settlement estimates.
• Soils parameters for bore and jack design.
• RCP pipe bedding recommendation in accordance with RCFCD/City of Beaumont. • Excavatibility of the soils along the storm drain alignment and at the jacking and receiving pits.
• Jacking and receiving pits backfilling recommendations. • Stability of temporary trench excavation.
• Shoring design and construction recommendations.
• Suitability of excavated materials for use as bedding and backfill.

Converse Consultants
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Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 9 ends

• Pipe subgrade preparation recommendation.
• Trench backfill recommendation.
• Basin slope stability evaluation and construction recommendations. • Asphalt concrete pavement section based on traffic indices provided by the City of Beaumont.
■ Street subgrade preparation recommendations.
• Aggregate base and asphalt concrete placement recommendations.

SCHEDULE / DELIVERABLES
We will initiate our scope of work as soon as notice to proceed is received. The field exploration will be conducted within approximately one week after receipt of all required permits, although subject to driller availability, weather, and other factors beyond Converse's control. 1-1/2 days will be required to complete the geotechnical investigation One electronic PDF of the draft copy will be issued within 8 weeks after completion of the fieldwork. After review comments are received, one electronic PDF copy of the final report will be issued within 2 weeks. The report will be signed by a registered engineering geologist and a geotechnical engineer. If requested, we will issue a hard copy of the report.

FEE ESTIMATE
Our consulting services will be provided in accordance with the Schedule of Fees and General Conditions, co • ies of which are attached and form a part of this • ro •osal.

Task No. and Description
Cost
Task 1: Project Set-up
$2,050.00
Task 2: Subsurface Exploration
$3,055.00
Task 4: Laboratory Testing
$6,720.00
Task 5: Engineering Analyses and Geotechnical Report
$9,400.00
Permit Fees from the Caltrans
$1,500.00
Drill Rig Rental (Prevailing Wage- Quote No. 8721)
$7,682.00
Traffic Control (1-1/2 days @ $2,200/day)
$3,300.00
ata -
$33,707.00
Our cost is based on the following assumptions.
• All fieldwork will be done in one mobilization during normal weekday working hours. ■ 1-1/2 days will be required to complete drilling.
• Access to the storm drain alignment will be available during normal weekday working hours at no additional cost to us.
• Permits from all agencies will be provided to us by the City at NO additional cost to Converse.

Converse Consultants
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Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 10 ends

• No traffic control plan will be required for the geotechnical investigation. • Traffic Control (if required) will be in accordance with the WATCH MANUAL. ■ We understand that only the driller's work will be subject to prevailing wage as defined in Labor Code Sections 1770-1780.

The cost estimate and scope of services do not include environmental study of soil and groundwater and any inspection and/or testing services during construction. We will submit our invoices on a monthly basis in accordance with the attached Schedule of Fees and General Conditions.

CLOSURE
During the course of this work, we will carry insurance as required by the contract. Our findings and recommendations will be prepared in accordance with generally accepted professional engineering and engineering geological principles and practice in this area of Southern California. Unless we hear differently, we will assume that these conditions are acceptable to you.

This proposal will expire 60 days from its issuance, if not accepted at that time. Our billing rates are reviewed at the beginning of each year and are subject to adjustment.

Please sign 2 copies of the Authorization and Agreement Block at the end of this proposal.

Retain one copy of this proposal for your files and return one signed copy to this office to formally authorize our services.

Special billing instructions, including backup documentation requirements, should be mutually agreed upon and indicated in the authorization. Subsequent additions or changes should be likewise mutually agreed upon and submitted in writing with appropriate authorization.

If you should have any questions, or if we can provide any additional assistance, please call the undersigned at 909-474-2847. We appreciate the opportunity to assist you on this important project.

CONVERSE CONSULTANTS
Hashmi Quazi, PhD, PE, GE
Principal Engineer/Regional Manager
Encl: Schedule of Fees, and General Conditions
Dist: 1/Addressee (e-mail)
HSQ/kvg
Converse Consultants
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Revised Proposal to Prepare a Geotechnical Investigation & Water Infiltration Report Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project City of Beaumont, Riverside County, California
July 22, 2021
Revised May 11, 2023

Page 11 ends

REVISED PROPOSAL TO PREPARE A GEOTECHNICAL INVESTIGATION Beaumont Master Drainage Plan Line 2, Stage 1 Storm Drain Project Approximately 5,000 Linear Feet of 69 -inch Diameter Reinforced Concrete Pipe (RCP) City of Beaumont, Riverside County, California
Converse Project No. 21-81-222-00 (01)

ACCEPTANCE OF AGREEMENT AND AUTHORIZATION TO PROCEEDS
Firm Name:
(Client)1
By:
(Print Name)
(Signature)
Title:

Date:

Telephone No. ( )
Email:

P.O. No./Billing Instructions2:
1 Invoices to be sent to the Client, who shall be responsible for payment thereof, unless notified otherwise. The Client is represented by a person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions. 2 Billing requirements, including backup documentation, should be mutually agreed upon and indicated here. Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with appropriate authorization.
3 Converse has been informed by the Client that this is not a prevailing wage protect for geotechnical services as determined by local Labor Code Sections 1770-1780.

Converse Consultants
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Appendix

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Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2023.

CONVERSE CONSULTANTS
Non -Prevailing Wage Schedule of Fees
Geotechnical Personnel
Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.

Field Technical Services (all including vehicle and equipment) Construction Inspector — ACl/ICC and/orAWS/CWI certified (concrete, post -tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) $85 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) 85 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) 90 Coring Technician 90
Soils Technician (soil, base, asphalt concrete, and moisture emission testing) 80 Senior Soils Technician 90
Sample Pick -Up 50
Professional Services (field and office)
Staff Professional $135
Senior Staff Professional 145
Project Professional 155
Project Manager 170
Senior Professional 170
Principal Professional 210
Principal/Consultant 235
Laboratory Testing
Laboratory Technician Per Test
(See Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor $90
Office Support
Clerical/Word Processing $80
Drafting 85
CAD Operator/Drafting Manager 90
An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked were seven continuous eight hours per day in one work week, not counting paid time off within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.

Expenses

1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.

2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent.

3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS mileage rate for company - owned vehicles traveling between principal office and project.

4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent.

Invoices

1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.

2. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received.

Furthermore, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.

3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount.

General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.

Converse Consultants P2023 Geotech

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Compensation for laboratory testing services will be made in engineering time. Costs of tests not on this schedule will be by rates are based on non -contaminated soil. A surcharge will be based on the project.

IDENTIFICATION AND INDEX PROPERTIES TESTS
Visual Classification, ASTM D2488
Engineering Classification, ASTM D2487
Moisture Content and Dry (bulk) Density,
ASTM D2216 and D2937
Moisture Content, ASTM D2216
Shrinkage Limit, ASTM D4943
Atterberg Limits, ASTM D4318
Several points
One Point
Particle Size Analysis, ASTM D6913
Fine Sieve, from +#200 to #4 100.00
Coarse and Fine Sieve, from #200 to 3 in 180.00
Hydrometer 120.00
Percent Passing #200 Sieve, ASTM D1140 80.00
Specific Gravity
Fine, passing #4 sieve, ASTM D854 100.00
Coarse, retained on #4 sieve, ASTM C127 100.00
Sand Equivalent Test, ASTM D2419 120.00
Double Hydrometer Dispersion, ASTM D4221 150.00

20.00 25.00

25.00 20.00

85.00 150.00

50.00 COMPACTION AND BEARING STRENGTH
Standard Proctor Compaction, ASTM D698 or ASTM D1557
Method A or B 200.00
Method C, 6" mold 210.00
California Impact Method, Caltrans 216 220.00
R -value, ASTM D2844 and CTM301 270.00
California Bearing Ratio (CBR), ASTM D1883
1 Point 530.00
3 Points 750.00
Relative Density

0.1 Cubic Foot Mold 200.00

0.5 Cubic Foot Mold 300.00

SHEAR STRENGTH
Torvane/Pocket Penetrometer 25.00
Direct Shear
Quick Test 75.00
Consolidated, Drained, granular soil,
ASTM D3080 220.00
Consolidated, Drained, fine grained soil,
ASTM D3080 260.00
Consolidated, Undrained, fine grained soil 220.00
Residual Strength, per cycle 70.00
Remolded Specimens 70.00

STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS
(PER POINT)
Unconfined Compression, ASTM D2166 150.00
Unconsolidated, Undrained, ASTM D2850 160.00
Consolidated, Undrained, per point 700.00
Consolidated, Drained, per point 700.00
With Pore Pressure Measurement, per load 150.00
Remolded Specimen 90.00
CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE
(ASTM D4546) TESTS
8 Load Increments 250.00
Additional Load Increment 50.00
Time -Ratio, per load increment 90.00
Single Point, collapse test 90.00

CONVERSE CONSULTANTS
Schedule of Fees — Geotechnical Laboratory Testing
accordance with this fee schedule which includes test report(s) and quote and/or in accordance with our current hourly fee schedule. The charged for handling contaminated material, which will be determined Single Load Swell, ASTM D4546
Ring Sample, Field Moisture 95.00
Ring Sample, Air Dried 95.00
Remolded Sample 70.00
Expansion Index Test, UBC 29-2/ASTM D4829 130.00

HYDRAULIC CONDUCTIVITY TESTS
Constant Head, ASTM D2434 250.00
Falling Head Flexible Wall, ASTM D5084 300.00
Triaxial Permeability, EPA 9100 350.00
Remolded Specimen 60.00

CHEMICAL TESTS
Corrosivity (pH, resistivity, sulfates, chlorides) 220.00 Organic Content, ASTM D2974 100.00
Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through December 31, 2023.

Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts -per -million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories.

Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law.

Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis.

Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416 -inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5 -inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse.

Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts.

Converse Consultants GLT2023

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CONVERSE CONSULTANTS
Schedule of Fees — Materials Laboratory Testing
Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2023.

AGGREGATES
Moisture Content, ASTM D2216 20.00
Particle Size Analysis
Coarse, ASTM C136, each 100.00
Coarse and Fine, ASTM C136 & C137), each 180.00
Specific Gravity & Absorption
Coarse Aggregate, ASTM C127 100.00
Fine Aggregate, ASTM C128 100.00
Unit Weight per Cubic Foot, ASTM C29 75.00
Soundness, Sodium or Magnesium, ASTM C88, each 550.00
Potential Alkali Reactivity, ASTM D289 700.00
Freeze Thaw Soundness 175.00
Los Angeles Abrasion, per class, ASTM C131, C535 375.00 Sand Equivalent, ASTM D2419 180.00
Lightweight Particles, ASTM C123, each 300.00
Clay Lumps & Friable Particles, ASTM C142, each 290.00
Stripping Test, ASTM D1664, each 85.00
Organic Impurities, ASTM C40 140.00
Durability By Quote

CONCRETE TESTS
Laboratory Trial Batch, ASTM C192 By Quote
Laboratory Mix Design, Historical Data By Quote
Compression Test, 6"x12" Cylinder, ASTM C39, each 45.00 Lightweight Concrete
Compression 45.00
Unit Weight 45.00
Specimen Preparation, Trimming or Coring, each 60.00
Bond Strength, ASTM C321
Prepared by Converse 250.00
Prepared by Others 150.00
Core Compression Test, ASTM C12, each 80.00
Flexure Test, 6"x6" Beams, ASTM C78, each 130.00
Modulus of Elasticity, Static, ASTM C469, each 275.00
Length Change, ASTM C157, 3 bars, 5 readings each,
up to 26 days 550.00
Splitting Tensile, 6"x12" Cylinders, each 110.00
Field Concrete Control (sampling, slump, temperature,
cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate
schedule, or each cylinder 95.00
Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder 95.00
Hold Cylinder 10.00
Cylinder Mold, sent to job site but not cast by Converse or returned to Converse 5.00
MASONRY (ASTM C140, E447, UBC STANDARD 24-22)
Moisture Content, as received, each • 105.00
Absorption, each 85.00
Compression, each 85.00
Shrinkage, ASTM C426, each 250.00
Net Area and Volume, each 25.00
Masonry Blocks, per set of 9 1,500.00
Masonry Core Compression, each 125.00
Masonry Core Shear, each 180.00
Masonry Core Trimming, each 150.00
Compression Test, grouted prisms, 8"x8"x16", each 250.00 Compression Test, grouted prisms, 12"x16"x16", each 425.00 Compression Test
2"x4" Mortar Cylinder, each 45.00
3"x6" Grout Prisms, each 45.00
2" Cubes, ASTM C109, each 45.00
Cast by Others 45.00
Mortar or Grout Mix Designs By Quote

FIREPROOFING TESTS
Oven Dry Density, per sample 70.00

MOISTURE EMISSION TEST
Moisture Emission Test Kit 80.00

ASPHALTIC CONCRETE
Stability, Flow, and Unit Weight, ASTM D6927 500.00
Marshall ASTM D1559, ASTM D2726 450.00
Measured Maximum Specific Gravity of Mix, ASTM D2041,
Rice Method, each 350.00
Void Analysis of Cores or Marshall Specimens,
Calculations Only, ASTM D3203, set of 2 or 3 60.00
Laboratory Mixing of Asphalt & Concrete, per sample 75.00 Complete Asphalt Concrete Mix Design
Hveem or Marshall By Quote
Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each 455.00 Extraction of Rubberized Asphalt & Gradation, each 350.00 Specific Gravity, ASTM D2726 or ASTM D1188
Uncoated 95.00
Coated 125.00
Immersion -Compression 650.00
Particle Coating, ASTM D2489 95.00
Stripping, ASTM D1664 85.00
Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or
By -Products 350.00
Retained Strength, ASTM D1074/D1075, 6 specimens.... By Quote Retained Stability, Mil, Std, 520A, Method 104,
6 specimens By Quote
CBR, ASTM D1883, including M/D Curve, 1 point 400.00
Asphalt Temperature 15.00

STRUCTURAL STEEL
Tensile Test #9 Bar or Smaller, each 60.00
Bend Test #9 Bar or Smaller, each 60.00
Tensile Test #10 Bar or Greater, each 280.00
Tensile Test #14 Bar, each 310.00
Rebar Coupler Tensile Test 140.00
Tensile Test, Welded #9 Bar or Smaller, each 140.00
Tensile Test, Welded #10 Bar or Greater, each 280.00
Tensile Test, Welded #14 Bar, each 310.00
Tensile Test, Mechanically Spliced, #9 Bar or Smaller,
each 210.00
Tensile Test, Mechanically Spliced, #10 Bar or Greater, each 350.00

HIGH STRENGTH BOLT, NUT, AND WASHER TESTING
Wedge Tensile Test, A490 Bolts
Under 100,000 lbs., each 130.00
Over 100,000 lbs., each 140.00
Wedge Tensile Test, A325 Bolts
Under 100,000 lbs., each 160.00
Tensile Test, Anchor Bolts, tested with displacement
transducers, each 300.00
Nut Hardness, Proof & Cone Proof Load Test, each 60.00
Washer Hardness, each 50.00
A325 orA490, Bolt Hardness Only, each 50.00
Bolt A325 or A490 Wedge Tensile
Under 100,000 lbs. & Hardness, each 130.00
Over 100,000 lbs. & Hardness, each 170.00
Bolt, Nut & Washer, all tests per set with bolts
Under 100,000 Ibs 400.00
Over 100,000 Ibs 500.00
See Schedule of Fees — Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse.

Converse Consultants MTS2023

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CONVERSE CONSULTANTS
General Conditions -
Right of Entry
Client warrants to Converse that it has full legal right to authorize Converse's entry upon the real property where Converse's services are to be performed ("Site" herein) and upon all property, if any, required for ingress and egress to the Site.

Client authorizes Converse to enter upon the Site and such adjoining property as is necessary to allow Converse to perform its services.

Converse will take reasonable precautions to minimize any damage to the Site; however, Client acknowledges that during the normal course of the performance of Converse's services, some damage to the Site may occur. The correction of any damage to the Site (surface or subterranean) shall be the obligation of the Client
Information Supplied by Client
Client warrants the accuracy of any information supplied by it to Converse, acknowledges that Converse will not verify the accuracy of such information, and agrees that Converse is entitled to rely upon any such information.

Client shall immediately notify Converse in writing of any data, information or knowledge in the possession of or known to Client relating to conditions existing at the Site and shall provide Converse with the location, size and depth of any and all underground tanks, piping or structures existing upon the Site.

Client shall defend, indemnify and save harmless Converse, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorneys' fees, arising out of errors, omissions and inaccuracies in documents and information provided to Converse by Client
Ownership of Data and Documents; Samples
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Converse shall remain the sole property of Converse.

Client shall have the right to the use of all data, recommendations, proposals, reports, design criteria and similar information provided to it by Converse ("information" herein); provided, however, that the information shall not be used or relied upon by any party other than Client, save and except as may be required by the design and licensing requirements of the project for which the information is provided; further, such use shall be limited to the particular site and project for which the information is provided. To the extent Client utilizes Converse's information by providing or making the same available to any third party (a) Client agrees to give written notice to any such third party that it may not utilize or rely on any aspect of Converse's information and (b) Client agrees to defend, indemnify and hold Converse harmless against any and all daims, demands, costs, losses, damages and expenses, including attorneys fees, that may be asserted against or sought from Converse by any such third party.

Clients right to the use of the information is expressly conditioned upon Client's prompt payment to Converse of all sums due under the Client/Converse agreement. In the event of Client's nonpayment or partial payment of said amounts, Client agrees that it shall not use any of the information for any purpose whatsoever and shall retum the same to Converse within 2 business days upon demand.

Converse will retain all samples of soil, rock or other materials obtained in the course of performing its services for a period of thirty (30) days. Thereafter, further storage or transfer of samples to Client may be made at Clients expense upon written request from Client to Converse received by Converse prior to the expiration of the 30 -day period.

Converse shall retain permanent records relating to the Converse services for a period of five (5) years following submittal of Converse's report, during which period the records will be made available to Client upon reasonable notice given by Client and upon payment to Converse of an amount sufficient to reimburse Converse for its necessary and reasonable expenses in making said records available.

Standard of Care and Professional Responsibility
Client acknowledges that the services to be performed by Converse involve the use of tests, calculations, analyses and procedures which are in a constant state of development improvement and refinement and that as such, improvements, changes in methods, and modifications of procedures have been made in the past, are now being made, and are expected to continue to be made in the future.

Further, Client recognizes that, while necessary for investigations, commonly used exploration methods, such as drilling borings or excavating trenches, involve an inherent risk. For example, exploration on a site containing contaminated materials may result in inducing cross - contamination, the prevention of which may not be complete using presently recognized sealing methods.

Client recognizes that the state of practice, including but not limited to the practice relating to contamination or hazardous waste conditions, is changing and evolving and that standards existing at the present time may subsequently change as knowledge increases and the state of the practice continues to improve.

Client recognizes that projects containing contaminated materials may not perform as anticipated by Client, even though Converse's services are performed in accordance with the level of care and skill required of it. Further, certain govemmental regulations relating to hazardous waste sites may purport to require achievement of results which cannot be accomplished in an absolute sense. It is recognized that a satisfactorily designed, constructed and maintained monitoring system may assist in the early detection of environmental changes allowing for early correction of problems. Unless it is specifically included in the scope of services to be performed by Converse, Client understands that Converse shall not perform such monitoring.

The services to be provided by Converse pursuant to the agreement to which these General Conditions are a part shall be provided in accordance with generally accepted professional engineering, environmental, and geologic practice in the area where these services are to be rendered and at the time that services are rendered. Client acknowledges that the present standard in the engineering and environmental professions does not include, and Converse does not extend to Client, a guarantee of perfection of the work contemplated hereby; further, that even in the exercise of normal and reasonable care, errors or omissions may from time to time occur. Except as expressly set forth in these General Conditions, no other warranty, express or implied, is extended by Converse.

Converse shall have no duty to supervise, coordinate or otherwise be involved in the performance of services or work by any third -party consultant, contractor or subcontractor.

Where Converse's services involve field observation of grading, filling and compaction (or any of them), it is agreed:
a. That Converse shall in no way be responsible for the manner in which such work is performed by any third party.
b. That in the event Converse is to provide periodic observation, Client acknowledges that Converse cannot be responsible for any work performed at a time or times when Converse was not performing its observation services.

Converse will not provide an opinion conceming the performance of any third party, save and except to the extent that said work was in fact observed and tested by Converse during the course of construction.
c. That where Converse's services include continuous observation, Client agrees not to allow grading, filling or compaction to be performed at any time or times when Converse is not physically present upon the Site and shall restrict the amount and extent of such grading, filling and compaction to that which can be properly observed by Converse personnel present on the Site. d. That in the event Converse is to conduct test borings for Client Client acknowledges that the accuracy of said test borings relates only to the specific location in which the boring itself was performed and that the nature of many sites is such that differing subsurface soil characteristics can be experienced within a small distance. As such, Client acknowledges that greater accuracy is obtained when the number of test borings is increased.

Technical Limitations
Client acknowledges and agrees that (1) it is unreasonable to expect Converse to be able to completely evaluate subsurface conditions, even after the most comprehensive exploratory program; (2) site conditions change frequently due to the passage of time, human activities, and dimatic conditions and uncertainties are therefore inherent in the nature of Converse's services and impossible to avoid; (3) the identification of geotechnical and environmental conditions and the prediction of future or concealed conditions is an inexact scientific endeavor; (4) the state of the art of geotechnical and environmental practice is such that Converse cannot guarantee that its recommendations will prove adequate on this project and the Client assumes the risk of any such failure, except as otherwise provided in these General Conditions and that (5) these General Conditions contains specific LIMITATIONS OF LIABILITY.

Indemnity of Client and Limitation of Liability
Converse shall indemnify Client, its officers, directors, agents or employees from any daim, demand or liability arising from personal injury or property loss or damage caused by the sole negligence or willful misconduct of Converse.

Anything to the contrary in the agreement to which these General Conditions are attached or in these General Conditions notwithstanding, Converse's liability shall be limited to the lesser of the fees charged to Client by Converse for the services performed for Client, or the sum of fifty thousand dollars. Client may, at its option, increase the maximum amount for which Converse shall be liable by payment of an additional fee.

For the maximum liability sum of one hundred thousand dollars, the additional amount to be paid shall be four percent of the total Converse fee charged hereunder; for the maximum liability sum of one million dollars, the additional amount to be paid shall be five percent of the total Converse fees charged hereunder Client acknowledges and agrees that its recovery, if any, shall be satisfied, in the first instance, from the proceeds of Converse's insurance, and to the extent of any deficiency in the available insurance proceeds, then and only then, by Converse.

Client acknowledges that Converse has agreed to charge Client a reduced fee for services in exchange for the above limitation of liability and that said reduction in fees is consideration for said limitation.

Client shall defend and save harmless Converse, its officers, directors, agents and employees from all liability, daims and demands, including expenses of suit and reasonable attorneys' fees arising from personal injuries, including disease and death, property loss or damage, injury to others (including personnel of Client, Converse or Converse Consultants GC99-1

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subcontractors performing work hereunder), and air or ground pollution or environmental impairment arising out of or in any manner connected with or related to the performance of Converse's services, except where there is a judicial determination that such injury, loss or damage shall have been caused by the sole negligence or willful misconduct of Converse.

Client acknowledges that Converse has charged Client a reduced fee for services to be performed by it in exchange for this hold harmless and that the reduction in fees is consideration for said hold harmless provision.

Converse will not be liable for consequential damages of any kind, nature or description.

Hazardous Waste, Pollution and Health Hazard Projects ("Hazardous Projects" Herein)
Prior to the commencement of services by Converse on any hazardous project, Client agrees to advise Converse in writing of any known hazardous waste or materials existing on or near the Site or if any of said services are to be performed in an area where dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter is in the atmosphere where it raises a potential or possible health hazard or nuisance to anyone working within the area.

Anything in these General Conditions notwithstanding, Client shall indemnify and hold Converse, its officers, directors, agents, servants and employees, harmless from any claim, demand or action brought by any party whomsoever, including employees of Converse which claim, demand or action is based upon injury or damage caused or alleged to have been caused by hazardous wastes or hazardous materials whether or not such waste or materials were known to exist prior to the commencement of services.

Client agrees to be responsible for the removal and disposal of any hazardous waste uncovered as a result of the site investigation, including drill cuttings, unless specifically included within the scope of work
It is agreed that the discovery of unanticipated hazardous materials constitutes a changed condition mandating an immediate renegotiation of the scope of services or termination of services. Converse will at all times endeavor to perform in a faithful and trustworthy manner. Client understands that Client or Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency. Client also understands that Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency, and that Converse, when practical, will do so only after notifying Client. In the event Converse discovers hazardous material that we believe poses an immediate threat to public health and safety, Converse will use its best judgment to notify appropriate emergency personnel for immediate containment. Client agrees to take no action of any kind against Converse when Converse makes a good -faith effort to fulfill its obligations.

Client's Responsibilities.

Client shall immediately provide Converse with full information in writing as to Client's requirements for the services to be provided by Converse and shall designate in writing within five (5) days of the effective date of the agreement to which these General Conditions are a part, a representative to act on Client's behalf in conjunction with the services to be provided hereunder. Client shall promptly review all documents, reports, data and recommendations submitted by Converse and shall communicate with Converse concerning such reviews for the purpose of avoiding delay in the performance of the services to be rendered by Converse.

Client shall notify any third party who may perform on the Site of the standard of care being undertaken by Converse pursuant hereto and of the limitations of liability contained herein.

Client shall require as a condition to the performance of any such third party a like indemnity and limitation of liability on their part against Converse.

Confidentiality
Converse shall hold all information provided to it by Client and the results of the work performed by it confidential and shall not disclose the same to any third party except where required by Governmental regulatory agencies or as otherwise required by law.

Converse shall have the right to bring a legal action in a state or federal court against Client for any sums due or alleged to be due to it or for services rendered. Except for this right, Converse and Client agree that as an express condition to the right of either party to bring a legal action against the other, they shall first submit any dispute to mediation by a neutral person acceptable to both parties.

Each party shall bear its own attorneys' fees, costs and other expenses, except that each party shall be responsible and pay for one-half of the costs and expenses of the mediator.

In the event that legal action is required, the prevailing party shall be entitled to recover all of its costs incurred in connection therewith including, without limitation, staff time, court costs, attorneys' fees, consultant and expert witness fees and any other related expenses. In this regard, in order to make the prevailing party whole, the parties acknowledge and agree that the prevailing party shall be entitled to recover all of its costs incurred in connection with the legal action and shall not be limited to "reasonable attorneys fees" as defined in any statute or rule of court.

The obligations, responsibilities, warranties and liabilities of the parties shall be solely those expressly set forth herein. Remedies and limitations of liability shall apply regardless of whether an action is brought in contract, or is based on either party's negligence, or another theory of law. All of the rights, remedies, obligations, terms, conditions and limitations of liability stated herein shall extend collectively to and be binding upon the parties' partners, joint ventures, licensors, successors, assigns, insurers, and affiliates. Client and Converse agree that any legal action with respect to the services to be performed under these General Conditions shall be brought against the parties, and not against individual officers, employees or former employees of the parties. All legal actions by either party against the other for breach of these General Conditions or for the failure to perform in accordance with the applicable standard of care, however framed, that are essentially based upon such breach or failure shall be barred two (2) years from the time claimant knew or should have known of its right to make a claim, but, in any event, not later than four (4) years from substantial completion of Converse's services.

Jobsite Safety
Converse shall be responsible for its activity and that of its employees on the Site.

This shall not be construed to relieve the Client, its general contractor or any subcontractor of their obligation to maintain a safe jobsite.

Neither the professional activities nor the presence of Converse or its employees and subcontractors shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsite safety.

Converse will not direct, supervise or lay out the work of the Client, contractor, or any subcontractors. Converse's services will not include a review or evaluation of the adequacy of the contractor's safety measures on or near the Site.

Unless otherwise specified in the agreement, Converse shall be obligated to perform within a reasonable period of time. Converse shall not be responsible for delays in the completion of its services created by reason of any unforeseeable cause or causes beyond the control and/or without the fault or negligence of Converse, including but not restricted to acts of God or the public enemy, acts of the Government of the United States or of the several states, or any foreign country, or any of them acting in their sovereign capacity, acts of other contractors with Client, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather.

Should completion of any portion of the services to be rendered by Converse be delayed beyond the estimated date of completion for any reason which is beyond the control of or without default or negligence of Converse, then and in that event Client and Converse shall mutually agree on the terms and conditions upon which the services may be continued or terminated.

Invoices
Converse shall submit monthly progress invoices to Client, and a final bill shall be submitted upon completion of the services. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice. If Client objects to all or any portion of any invoice, it shall so notify Converse of the same within fifteen (15) days from the date of receipt of said invoice and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the invoice.

If Client fails to make payment within thirty (30) days after receipt of an invoice, then Client shall pay an additional monthly service charge of one and one-half percent (1% %) on all such amounts outstanding. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event Client fails to pay any undisputed amount to Converse when due, Converse may immediately cease work until said payment together with a service charge at the rate of 1'% % per month, as specified above, from the due date has been received.

Further, Converse may, at its sole option and discretion, refuse to perform any further work irrespective of payment from Client.

In the event that all or any portion of the 1% % service charge provided for herein is deemed to be an interest charge, then and in that event said interest charge shall be limited to the maximum amount legally allowed by law.

Client acknowledges Converse's fee schedules are revised annually and agrees that the fee schedule in effect at the time the services are performed shall apply to such services.

Insurar
Converse represents that it now carries, and will continue to carry during the term of the contract to which these General Conditions are a part, Workers Compensation insurance and that, if requested, Converse shall provide to Client certificates as evidence of the aforementioned insurance.

Assignments
Client shall not assign this contract or any portion thereof to any other person or entity without the express written consent of Converse. Nothing contained in this contract or any part thereof shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party.

If any provision of these General Conditions is finally determined to be contrary to, prohibited by, or invalid under applicable laws or regulations, such provision will be renegotiated so as to give effect to the intent of the parties to the maximum possible extent Such determination and renegotiation shall not affect of invalidate the remaining provisions or these General Conditions.

Governing Lt.

These General Conditions shall be governed by and construed under the laws of the State of California.

Converse Consultants GC99-1

Page 2647 of 3058 ends
Page 1 of 1 ends

A`oRtf CERTIFICATE OF LIABILITY INSURANCE
DATE(MM!DD/YYYY)
04/25/2024
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
Willis Towers Watson Midwest, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
CONTACT WTW Certificate Center
NAME:

PHONE 1-877-945-7378 FAX 1-888-467-2378
(A/C. No.Eiv: (ANC. Nol:

E-MAIL ADDRESS: [email protected]

INSURERUAFFORDINGCOVERAGE
NAIC #
INSURERA: XL Insurance America Inc
24554

INSURED
EXP Global, Inc.
205 N. Michigan Ave, Ste 3600
Chicago, IL 60601
INSURER B: MG Specialty Insurance Company
26883
INSURERC:

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: W33308926
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 L
LTR

TYPE OF INSURANCE

TYPE OF INSURANCE
ADDL {SS➢

SUBR WVO
wvo

POLICY NUMBER

POLICY NUMBER

JPOLICY

M DDL EFF
/YY I
JMMIDD!YYYYIJMM!DD!YYYYt

JMM/DD LICY EXP
LIMITS
A
X'
X

COMMERCIAL GENERAL

I CLAIMS -MADE
Contractual Liability

LIABILITY
X
OCCUR
Y
US00057823LI24A
03/31/2024
03/31/2025

EACH OCCURRENCE
$ 2,000,000

DAMAGE RENTED
PREMISES l (Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000

PERSONAL&ADVINJURY
$ 2,000,000
GEN'L
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES

PRO JECT
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

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

AUTOMOBILE
_
X
_
_

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
_
__

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
GGA7479210
03/31/2024
03/31/2025

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

PROPERTY DAMAGE
(Per accident)
$
$

UMBRELLA LIAB

EXCESS LIAB
u
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED RETENTION $
$
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED7
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
No
N/A
GWG7479208
03/31/2024
03/31/2025

X PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
B
Cont. Pollution Liab.

CPL25893073
03/31/2024
03/31/2025
Per Incident:

Aggregate:
$3,000,000
$3,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Beaumont, its elected and appointed officers, employees, agents and volunteers are included as an Additional Insureds as respects to General Liability and Auto Liability.

CERTIFICATE HOLDER

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
�y/�
4*- aak•O
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
sa Pa2g7 48 of 30 cHz 3435772

ENDORSEMENT #
This endorsement, effective 12:01 a.m., , forms a part of Policy No.
#GGA7479210
by
issued to EXP U.S. Services, Inc.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

COVERAGE DESCRIPTION
A. Temporary Substitute Auto Physical Damage
B. Who Is An Insured

1. Broad Form Insured

2. Employees As Insureds

3. Additional Insured By Contract, Agreement or Permit

4. Employee Hired Autos
C. Supplementary Payments
D. Amended Fellow Employee Exclusion
E. Physical Damage Coverage

1. Rental Reimbursement

2. Extra Expense — Broadened Coverage

3. Personal Effects Coverage

4. Lease Gap

5. Glass Repair — Waiver Of Deductible
F. Physical Damage Coverage Extensions

1. Additional Transportation Expense

2. Hired Auto Physical Damage
G. Business Auto Conditions

1. Notice Of Occurrence

2. Waiver Of Subrogation

3. Unintentional Failure To Disclose Hazards

4. Primary Insurance
H. Bodily Injury Redefined
I. Extended Cancellation Condition
XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

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

Page 2649 of 3058 ends
Page 1 of 6 ends

A. Temporary Substitute Auto Physical Damage
SECTION I - COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following:

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

1. 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. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.

B. Who Is An Insured
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following:

1. Broad Form Insured
For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. Employees As Insureds
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.

3. Additional Insured By Contract, Agreement Or Permit
Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit.

4. Employee Hired Autos
An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

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

Page 2650 of 3058 ends
Page 2 of 6 ends

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

C. Supplementary Payments
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments is changed as follows:

Item (2) is deleted and replaced by the following:
(2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.

Item (4) is deleted and replaced by the following:
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

D. Amended Fellow Employee Exclusion
SECTION II - COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply.

The insurance provided under this Provision D. is excess over any other collectible insurance.

E. Physical Damage Coverage
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following:

1. Rental Reimbursement
a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage.
b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days:

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

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

Page 2651 of 3058 ends
Page 3 ends

(1)
The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. (2) Thirty (30) days.
c. Our payment is limited to the lesser of the following amounts:
(1) Necessary and actual expenses incurred.
(2) $50 any one day per private passenger "auto";
$100 any one day per truck;
$1,500 any one period per private passenger "auto";
$3,000 any one period per truck; or
Higher limits if shown elsewhere in this policy.
d. This coverage does not apply while there are spare or reserve "autos" available to you for your operations.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension.

2. Extra Expense — Broadened Coverage
We will pay for the expense of returning a stolen covered "auto" to you.

3. Personal Effects Coverage
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the "auto".

As used in this endorsement, "personal effects" means tangible property that is worn or carried by an "insured". "Personal effects" does not include tools, jewelry, money or securities.

4. Lease Gap
XIC 421 1013
In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any.
(1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and
(5) Carry-over balances from previous loans or leases.
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

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

Page 4 of 6 ends
Page 2652 of 3058 ends

5. Glass Repair — Waiver Of Deductible
No deductible applies to glass damage if the glass is repaired rather than replaced.

F. Physical Damage Coverage Extensions
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following:

1. Additional Transportation Expense
Sections a. and b. are amended to provide a limit of $50 per day and a maximum limit of $1,000.

2. Hired Auto Physical Damage
The following section is added:

Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered "auto" is the lesser of:
(1) the actual cash value;
(2) the cost for repair or replacement; or
(3)
$50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage.

For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply.

G. Business Auto Conditions
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following:

1. Notice Of Occurrence
Section 2. — Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following:

If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply.

2. Waiver Of Subrogation
XIC 421 1013
Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following:

However, this Condition does not apply to any person(s) or organization(s) with whom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under such contract with that person or organization.
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

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

Page 5 of 6 ends
Page 2653 of 3058 ends

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following:

3. Unintentional Failure To Disclose Hazards
The following condition is added:

Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy.

4. Primary Insurance
Condition 5. Other Insurance is changed by adding the following:

For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a "loss".

H. Bodily Injury Redefined
SECTION V - DEFINITIONS, C. "Bodily injury" is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.

Extended Cancellation Condition
COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following:

The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason.

All other terms and conditions of this policy remain unchanged.

XIC 421 1013
© 2013 X.L. America, Inc. All Rights Reserved.

May not be copied without permission.

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

Page 2654 of 3058 ends
Page 6 of 6 ends

POLICY NUMBER: US00057823LI24A

COMMERCIAL GENERAL LIABILITY
CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

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):

Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement.

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 your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

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 26 12 19
© Insurance Services Office, Inc., 2018

Page 2655 of 3058 ends
Page 1 of 1 ends

POLICY NUMBER: US00057823LI24A 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 Organizations)
Location And Description Of Completed Operations
Any person or organization that you are required
written contract or written agreement to include as
an additional insured provided the "Bodily Injury"
or "Property Damage" occurs subsequent to the
execution of the written contact or written
agreement.

As required per written contract
Information required to com3lete 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.

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

Page 2656 of 3058 ends
Page 1 of 2 ends

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.

Page 2 of 2 ends

© Insurance Services Office, Inc., 2018 CG 20 37 1219

Page 2657 of 3058 ends

C21-19 A2
Scope of Service: Professional Engineering Services for Beaumont Master Drainage Plan
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
Signee:

Will we need to send vendor a notice to Proceed after agreement is executed? Has this gone to legal?

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BEAUMONT
-CALIFORNIA-
Staff Report
TO: City Council
FROM: Robert Vestal, Assistant Director of Public Works DATE August 15, 2023
SUBJECT: Second Amendment to the Professional Service Agreement with EXP U.S.

Services, Inc.

Description Second Amendment to the Professional Services Agreement for Engineering Services to EXP U.S. Services, Inc. for the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019).

Background and Analysis:

On March 17, 2020, City Council amended the FY19/20 Capital Improvement Project (CIP) Budget to include the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (Stage 1). Stage 1 was incorporated into the CIP in the amount of $5,000,000 with the source of funds being the Riverside County Flood Control and Water Conservation District (District) via a cooperative funding agreement. On September 1, 2020, City Council approved the cooperative agreement and on September 22, 2020, the District fully executed the agreement. On December 15, 2020, City Council awarded a Professional Service Agreement (PSA) to EXP U.S. Services, Inc. (EXP) to perform preliminary and final engineering services.

On November 15, 2022, City Council approved Amendment No. 1 which modified the scope of services to include additional hydraulic analysis and extended the term of agreement to February 16, 2024.

The second amendment to the professional services agreement is proposed to accommodate increases in subconsultant fees and extend the term of agreement by one (1) year with a new termination date of February 16, 2025. No additional services are proposed. EXP and subconsultants submitted a fee rate as part of the original bid response which was good for one year. EXP and subconsultants did not request a change in fee for the first year; however, due to inflation and operating costs, the subconsultants are now requesting the fee to be adjusted.

The following is a summary of the subconsultants requesting fee increases:

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Subconsultant
DEA (Survey)
Epic (Utilities and R/W)
Converse (Geotechnical)
Original Fee (2020)
$34,571.00
$45,720.00
$22,255.00
Rec uested Fee (2023)
$41,962.96 (+21%)
$46,880.00 (+ 3%)
$33,707.00 (+51%)
The proposed increase in fee for all three subconsultants is $20,003.96. The second amendment proposes a new not to exceed amount of $524,064.96 for the PSA. A summary of the allocation of funds for the original agreement and the proposed amendment is provided in the following table.

Acreement Summary
Original Agreement
Amendment No. 1
Amendment No. 2
Total PSA:

Original Fee (2020)
$442,214.00
$61,847.00
520,003.96
$524,064.96
Project Background and Update — During preliminary analysis, Berkshire Channel and other downstream facilities were determined to not have enough capacity to safely convey the ultimate design flow. EXP, Riverside County Flood Control, and City staff identified the need to evaluate a possible detention basin to mitigate for downstream limitations. The evaluation took an extended time due to the considerable size needed for a basin site and the limited availability of viable parcels. The preliminary results of the evaluation indicate that the modification to Berkshire Channel and potential downstream facilities may accommodate the design flow. The District tentatively approved the approach and the project is moving forward.

EXP is finalizing the hydrology and hydraulic study with Riverside County Flood Control.

Utility research and field survey have started. Once the Pennsylvania Widening project is completed, EXP's field crew can finish the survey and begin preliminary alignment design. EXP is also researching the potential for CEQA exemption. Final design is anticipated to be completed in July 2024.

Fiscal Impact:

The cost of preparing the staff report is estimated to be $500. The funding for this contract amendment would be paid from the Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-019) budget. Refer to following table for the accounting summary.
•

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2019-019 MDP Line 2 Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
19/20
RCFC
$100,000
20/21
RCFC
$1,500,000
21/22
RCFC
$3,400,000
Total Project Funding = $5,000,000
Bud'et Summary
Project Component
Budget
Encumbered
Paid to Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$0
$0
$0
$0
Environmental
$0
$0
$0
$0
Design
$550,000
($504,061)
($84,657.17)
$45,939
Construction
$4,450,000
$0.00
$0.00
$4,450,000
Construction Management
$0
$0
$0
$p
Permits
$0
$0
$0
$0
Equipment
$0
$0
$0
$0
Project Summary Totals
$5,000,000
($504,061)
($84,657.17)
$4,495,939
Recommended Action:

Approve a second amendment to the Professional Services Agreement with EXP U.S.

Services, Inc. to extend the term for one-year and a new not -to -exceed amount of $524,064.96.

Attachments:

A. Second Amendment to the Professional Services Agreement with EXP U.S.

Services, Inc.

B. Professional Services Agreements with EXP (Original Agreement) C. First Amendment to the Professional Services Agreement with EXP U.S.

Services, Inc.

D. Levine Act Statement

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City of Beaumont Contract Number:

C21-09.3

THIRD AMENDMENT TO AGREEMENT FOR INDEPENDENT CONTRACTOR

THIS THIRD AMENDMENT TO AGREEMENT OF SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon signature by and between the CITY OF BEAUMONT ("CITY"), a general law city, and EXP U.S. SERVICES, INC, a California Corporation, (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 December 15, 2020, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor ("Agreement") to provide PROFESSIONAL ENGINEERING SERVICES FOR THE BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2 PROJECT.

B. CONTRACTOR has requested that the fee should be increased as provided in the request dated June 25, 2024, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference.

AMENDMENT
Section 1 of the Agreement is hereby amended to extend the period of time during which the Services are to be provided hereunder, but not to exceed February 16, 2026.

Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under previous amendments, compensation was set at an amount not to exceed five hundred twenty-four thousand, sixty-five dollars ($524,065). Per this Third Amendment, compensation is increased by the maximum amount of seventy-three thousand, three hundred fifty-five dollars ($73,355) as provided in the Proposal attached hereto as Exhibit "A" resulting in total compensation under the Agreement not to exceed five hundred ninety-seven thousand, four hundred twenty dollars ($597,420).

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

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

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City of Beaumont Contract Number:

C21-09.3

SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR

SERVICES BY INDEPENDENT CONTRACTOR

CITY OF BEAUMONT
CITY: CONTRACTOR:

CITY OF BEAUMONT EXP U.S. SERVICES,
By:

By: Print Name: Ga
David Fenn, Mayor
Date:

ATTEST
City Clerk

APPROVED AS TO FORM
John Pinkney, City Attorney
Title: Vice President
Date: August 28, 2024

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City of Beaumont Contract Number:

C21-09.3
EXHIBIT "A"

PROPOSAL

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•
exp.

June 25, 2024
Nadeem Syed
City of Beaumont
550 E 6th Street
Beaumont, CA 92223
SUBJECT: CHANGE ORDER NO. 3 SCOPE OF WORK TO PROVIDE ADDITIONAL

ENVIRONMENTAL SERVICES TO COMPLETE THE INITIAL STUDY / MITIGATED

NEGATIVE DELCARATION AND NOTICE OF DETERMINATION TO ACHIEVE

ENVIRONMENTAL COMPLIANCE FOR THE BEAUMONT MASTER DRAINAGE PLAN (MDP) LINE 2, STAGE 1 PROJECT (CIP2019-019).

Dear Mr. Nadeem Syed:

On behalf of EXP U.S. Services Inc. (CONSULTANT), we are pleased to provide the City of Beaumont with a change order request to provide additional environmental services to obtain environmental clearance for the Beaumont MDP Line 2 project.

We thank you for your consideration of our request. Should you have any questions please call me at 909.563.0525.

Sincerely,
EXP U.S. SERVICES INC.

Christine Brown, P.E.

Project Manager
PW19106 Page 1 of 1

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Scope of Work
Task 1: Kick Off Meeting and Data Acquisition
Meetings and Data Acquisition
CONSULTANT will meet with the Client and representatives from the City at a Project Initiation/Kick- Off Meeting virtually to discuss the project description, specific project issues, and CEQA schedule; as well as receive any pertinent project information reports including but not limited to previous environmental studies completed for the project site.

CONSULTANT will review all available Project -related data and reports provided by the City and Client, though CONSULTANT is not responsible for the accuracy of any existing technical reports not authored by CONSULTANT. Following the review of existing data, any gaps in the data and recommendation for correcting the gaps would be provided in a memorandum format to the Client.

CONSULTANT will work closely with the Client to determine what additional data must be collected in support of the CEQA document being prepared. It is assumed that CONSULTANT can use these documents in the analysis of the Project. CONSULTANT assumes that the additional technical studies in support of the Project (i.e. geotechnical, hydrology, and sewer reports/data) will be provided by the assigned engineer for the Project.

Project Description
CONSULTANT will develop a comprehensive description of 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 Client. 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.

CONSULTANT assumes that the Client will provide Project details necessary to develop the Project description, including but not limited to site maps, construction equipment, quantities of materials imported or exported, schedule, and site plans.

Deliverables: One electronic copy of the Project description for City and Client review. One electronic copy of the final Project description.

Task 2: Initial Study (IS)
Administrative Draft IS
Once the Project description has been approved, CONSULTANT will prepare an IS Checklist to confirm the preparation of an appropriate CEQA Documentation for the proposed Project. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G. In compliance with CEQA Section 15063, the IS will contain the following, in brief form:
• A description of the project, including the location of the project; • An identification of the environmental setting;

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• A preliminary identification of environmental effects by use of a checklist, matrix, or other method, with some evidence to support the entries; and
• A preliminary discussion of the ways to mitigate the significant effects identified, if any.

The environmental factors outlined in the CEQA checklist include:
• Aesthetics
• Agricultural and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas (GHG) Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
Final Draft IS
• Mandatory Findings of Significance
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources (TCRs)
• Utilities and Service Systems
• Wildfire
After receipt of one set of integrated comments on the draft IS from the Client, CONSULTANT will revise the IS to the Final IS.

Deliverables: One electronic copy of the Administrative IS for Client review. One electronic copy of the Final IS. Technical studies outlined below will be provided electronically.

Task 3: Technical Studies
Task 3.1: Air Quality and Noise
Task 3.1.1: Construction Air Quality and GHG
CONSULTANT will prepare the Air Quality Impact Analysis to meet County and South Coast Air Quality Management District (SCAQMD) CEQA requirements. Impact analyses will be prepared consistent with the analytical methodology, technical requirements and significance criteria outlined by the SCAQMD in their CEQA Air Quality Handbook (as updated per the SCAQMD website).

The regulatory and environmental setting discussion will include a summary of relevant federal, state, and local laws, rules, and regulations; a summary of local pollutant concentration and climate data; descriptions of the affected resource areas for air quality and climate change; and identification/descriptions of sensitive receptor locations.

The California Emissions Estimator Model (Ca1EEMod) will be used to quantify short-term construction and long-term operations emissions. Daily emissions will be compared to SCAQMD local and regional significance criteria. Mitigation measures will be developed to address any significant impacts. The potential for odor and health -risk impacts are low; and as such, odor and health -risk impacts will be addressed qualitatively.

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It is anticipated that Project -level carbon monoxide (CO) and particulate matter (PM) hot -spot analyses will be addressed qualitatively. And finally, discussions of cumulative impacts and Project consistency with the SCAQMD air quality management plan (AQMP) will be provided.

The GHG Emissions and Climate Change Analysis will be prepared to meet City and SCAQMD CEQA requirements. The regulatory and environmental setting discussion will include a summary of relevant federal, State, and local laws, rules, and regulations; a summary of potential climate change effects; a summary of state and local GHG emissions inventories; and historical climate data.

CaLEEMod will be used to quantify short-term construction, and long-term operations emissions.

Daily emissions will be compared to SCAQMD preliminary significance criteria. Mitigation measures will be developed to address any significant impacts. Discussions of cumulative impacts, and Project consistency with the Southern California Association of Governments (SCAG) Sustainable Communities Strategy, the Assembly Bill (AB) 32 Scoping Plan, and relevant County policies and/or initiatives will be provided.

Both the air quality and GHG analysis will be documented as a standalone study. The results of the Air Quality and GHG Impact Analysis will be summarized in the CEQA environmental document.

Deliverables: One draft and one final version of the AQ and GHG Impact Analysis submitted electronically for City and/or Project team review. Results to be incorporated into the environmental document.

Task 3.1.2: Construction Noise and Vibration
CONSULTANT will conduct a noise analysis of construction impacts related to the Project. The Project would consist of 5,000 feet of reinforced concrete pipe being placed underground. A desktop review identified that the majority of the Project alignment is not noise sensitive, however a portion of the Project alignment along 1st Street does run parallel to residences.

Along with the residences identified toward the southern section of the alignment, CONSULTANT will identify any other noise sensitive land uses located in the general vicinity of the Project which could be impacted by noise and vibration during construction. Based on the scope of the analysis it is assumed that ambient noise measurements will not be necessary.

A generalized noise and vibration analysis will be developed using construction information provided by the Project Engineer along with published data for construction equipment and established modeling methodology (e.g., the Federal Highway Administration Roadway Construction Noise Model (RCNM) and the Federal Transit Administration Noise and Vibration Manual).

Based on the nature of the Project operational noise would generally be negligible. Therefore, it is assumed that operational noise will be addressed qualitatively.

The City generally exempts construction except for interior levels which could exceed the City's municipal code at residence. Therefore, impacts from construction activities on the nearby noise and vibration sensitive land uses will be characterized relative to the relevant City standards. Where significant impacts are noted, CONSULTANT will propose separate mitigation measures for the sensitive uses along First Street, which could vary based on construction operations and schedules which the noise and vibration would be reduced where practicable. The results of the noise analysis

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will be summarized in a standalone technical study and the results summarized in the CEQA environmental document. The Noise and Vibration Impact Analysis will provide a discussion of the Project's physical and regulatory setting, the evaluation methodology and results, and several different mitigation measures which may need to be implemented during Project construction.

Deliverables: One draft and one final version of the Noise and Vibration Analysis submitted electronically for City and/or Project team review. Results to be incorporated into the environmental document.

Task 3.2: Biological Resources
Task 3.2.1: Biological Assessment, Multiple Species Habitat Conservation Plan Analysis, Jurisdictional Delineation and Letter Report
In accordance with the Riverside County Multiple Species Habitat Conservation Plan (MSHCP), CONSULTANT will conduct a biological resources survey and habitat assessment and prepare a consistency analysis to address potential impacts to resources regulated by the MSHCP, including sensitive plant and wildlife species or waterways and riparian corridors. CONSULTANT will use Geographic Information Systems (GIS) software to map the site in relation to MSHCP areas including Criteria Cells; U.S. Department of Agriculture soils data; U.S. Geological Survey data for state and federal waters; conservation areas and wildlife movement corridors and linkages; Criteria Area Species Survey Areas for plant, bird, mammal, and amphibian species; Narrow Endemic Plants Survey Area; and survey requirements for inadequately covered species. The Riverside County Integrated Project (RCIP) Conservation Summary Report will be queried to determine habitat assessment and potential survey requirements for the Project. In addition, CONSULTANT will determine if there are any records of listed and/or sensitive plant and wildlife species and communities occurring on or in the immediate vicinity of the Project site. This task will include a review of the California Natural Diversity Database (CNDDB) and the California Native Plant Society's Electronic Inventory (CNPSEI), and the United States Fish and Wildlife Service (USFWS). A survey area map will be created to identify the area to be analyzed in the report.

After conducting the literature search, biologists will conduct a habitat assessment survey of the proposed Project site, CONSULTANT biologists will document the presence of common and sensitive biological resources, both flora and fauna, within the proposed Project boundaries. The field survey will focus primarily on determining the potential presence of federal- and state -listed or otherwise sensitive plant and wildlife species and sensitive habitats, including burrowing owl (Athene cunicularia). If any sensitive species are present, the biologists will determine the appropriate avoidance and minimization measures. Plant communities will be mapped, and the habitat will be assessed for the potential occurrence for sensitive species. Photographs will be taken to document the current conditions of the survey area. Lists of all species of plants and animals observed during the survey will be recorded.

In addition, the field survey determines if any potential waters and wetland habitats are present on the site and will be evaluated using the methodology set forth in the U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual (USACE 1987) and will utilize the Arid West Regional Delineation Supplement. Surveyors will walk the Project area identifying and mapping limits of

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jurisdiction with the Global Positioning System (GPS). Suspected USACE/ Regional Water Quality Control Board (RWQCB)/California Department of Fish and Wildlife (CDFW) jurisdictional areas will be field checked for the presence of definable channels within the survey area. The surveyor will document the boundary of the Ordinary High -Water Mark (OHWM) and bank to bank features within the survey area. Hydrologic indicators include evidence of inundation, saturation, watermarks, drift lines, and sediment deposits. The boundaries of the hydrological feature will be mapped in a shape file that can be distinguished by respective Agencies' jurisdiction, based on current Agency guidance documents.

After completing the biological survey, CONSULTANT will prepare a biological letter report for the Project. The report will include an introduction, methods used to conduct the survey, results of the survey documenting the existing biological resources MSHCP consistency analysis, a discussion of sensitive plant and wildlife species with the potential to occur on -site, MSHCP analysis, and a discussion of sensitive plant and wildlife species with the potential to occur on -site, and any waters or wetlands on -site. The report will include current photographs and maps documenting existing conditions and the locations of any sensitive or listed species occurring, or potentially occurring onsite. Protection measures for sensitive species that are known to occur on site or in the immediate vicinity of the site will also be included.

The report will include up to 25 pages of text and eight graphics, photographs of the site and appendices. One electronic copy of the draft memo report will be provided for review within 3 weeks of completion of the survey. CONSULTANT will incorporate one round of comments into the final report within 1 week of receiving comments on the draft report. Electronic copies of the final report will be submitted.

Task 3.2.2: Determination of Biological Equivalent or Superior Preservation In accordance with the Riverside County MSHCP, CONSULTANT will prepare a Determination of Biological Equivalent or Superior Preservation (DBESP) to address temporal impacts to resources regulated by Section 6.1.2 of the MSHCP. A DBESP is required when a proposed Project action directly and/or indirectly impacts MSHCP regulated riparian/riverine/vernal pool resources or conflicts with guidelines for specific MSHCP covered floral and faunal species. The DBESP will discuss and demonstrate that implementation of avoidance and/or mitigation measures would result in an alternative that is biologically equivalent or superior to existing conditions. In addition, the DBESP will address compliance with MSHCP requirements and include a MSHCP consistency analysis.

CONSULTANT will deliver one electronic copy of the Draft DBESP Report within 3 weeks following completion of the site visit. CONSULTANT will incorporate one round of comments from the Draft Report into a Final Report.

Assumptions:
• The cost for the field effort for Task 3.2.1 includes two biologists surveying for one full day and associated travel time.

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• Task 3.2 does not include protocol -level surveys for listed or otherwise sensitive species. If required, CONSULTANT will be pleased to provide these services under a separate cost and scope of work.
• Additional meetings, agency consultations, permitting and additional sensitive species memos are not included in this scope of work. If required, CONSULTANT will be pleased to provide these services under a separate cost and scope of work. • This scope of work does not include a waters assessment or a formal jurisdictional delineation. Although not anticipated, if a delineation of waters is required, CONSULTANT can provide as a separate cost and scope of work.

Deliverables: One electronic copy of the draft and final report. Results to be incorporated into the environmental document.

Task 3.3: Cultural Resources and Consultation
Task 3.3.1: Records Search Requests & Literature Review CONSULTANT 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. Information to be reviewed will include location maps for all previously recorded cultural resources, previously conducted investigation boundaries, National Archaeological Database (NADB) citations and copies for associated reports, historic maps, and historic addresses. CONSULTANT will also review properties listed on/as the California Points of Historical Interest (CPHI), California Historical Landmarks (CHL), California Department of Transportation (Caltrans) Historic Highway Bridge Inventory, California Historical Resources Inventory, local City and County registries of historic properties, the California Register of Historic Resources (CRHR), and the National Register of Historic Places (NRHP). Additional sources of information that may be reviewed include but are not limited to Certified Local Government annual reports and other data, Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) records, the National Register Information System, the on-line database for National Register sites, Calisphere Digital Resources, Online Archive of California, General Land Office Plat Maps, Sanborn Fire Insurance Maps, local historical societies and libraries, as well as inventory files and data on -file with other agencies that control property near the area. The task will also include a search for potential prehistoric and/or historic burials (human remains) evident in previous site records and/or historical maps (i.e., Sanborn Fire Insurance Maps, General Land Office Plat Maps). 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 site and surrounding vicinity.

The NAHC will provide the results and a list of affiliated tribal representatives to contact for additional information. CONSULTANT 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

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requirements under AB 52 or Section 106. It is assumed that the lead agency will conduct Section 106 and/or AB 52 Tribal Consultation. Upon request, CONSULTANT can assist in coordinating AB 52 and or Section 106 consultation requirements (see Task 3.3.4 for AB 52 Support).

Assumptions:
• The City will provide CONSULTANT with confirmation on the Project site footprint, the proposed Limits of Disturbance (LOD), and/or Area of Potential Effects (APE) as delineated for the Project at the time of authorization or NTP. It is assumed that this information will be provided by the City and will not change once CONSULTANT has initiated the tasks above. If there are any changes to the Project site, LOD, and/or APE boundaries after NTP, a revised scope and cost may be necessary to review and address appropriately. • All required records searches will be submitted within 1 week of receipt of NTP and confirmation of the proposed LOD, APE, and Project site footprint boundaries by the City. • Fees incurred by the IC and Museum to conduct the record searches, estimated at $1,380, are included as part of this task. CONSULTANT 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. Currently, the Museum estimates 2 to 3 weeks from the date of request to provide results for a records search. Currently, the NAHC estimates 4 to 6 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 or paleontological resources are recorded within the Project site. If the records search data reveals that potentially significant cultural or paleontological resources are documented within the Project site and/or surrounding half -mile radius study area that may be affected by the Project, further research may be required, and a revised scope of work and cost may be necessary.

Deliverables: This task includes records search requests, review and processing of results provided, and related research to be incorporated within the Cultura and Paleontological Resources Reports.

Task 3.3.2: Field Survey
CONSULTANT will complete a field survey of the proposed Project site, LOD, and/or Project APE (as delineated by the City). The cultural resources survey will be conducted pursuant to the County of Riverside Planning Department Cultural Resources Investigation Standards and in accordance with the professional standards as described by the National Parks Service, Secretary of Interior's Standards and Guidelines, as amended, for Archaeology and Historic Preservation. CONSULTANT cultural resources specialist will survey the Project site for the presence of:
• Prehistoric artifacts (e.g., flaked stone tools), stone milling tools, tool-making debris, • Historic artifacts (e.g., metal, glass, ceramics),

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• Sediment discoloration (ex. midden, hearth features), • Depressions and other features indicative of the former presence of structures or buildings (e.g., post holes, foundations),
• Historic ruins, buildings, structures, and/or objects.

In addition to the archaeological resources survey, a paleontological resources survey will be conducted within the Project site. The paleontological resource survey will include a pedestrian survey of the Project site to identify any evidence (presence or absence) of paleontological resources visible on the surface.

Based on available information this cost estimate assumes that no cultural or paleontological resources may be identified during survey and require in -field, and post -field documentation. Should any cultural or paleontological resources be identified during the survey, and upon approval or request by the City to document newly identified resources, a revised scope of work and cost will be necessary to address appropriately.

Assumptions:
• The City or Client will provide CONSULTANT with confirmation on the Project site boundary to be surveyed (which may be based on the proposed Limits of Disturbance (LOD), and/or Area of Potential Effects (APE) as delineated for the Project) at the time of authorization or NTP. It is assumed that this information will not change once CONSULTANT has initiated the tasks above. If any of the above parameters are changed after the survey(s) has been completed, additional survey may be required. If there are any changes to the Project site, LOD, and/or APE boundaries, such that additional survey is required, a revised scope and cost will be necessary.
• The City will grant access to all properties within the Project site requiring survey. If access to restricted parcels is not available at the time of the scheduled survey subsequent surveys may be required at additional time and costs.
• This task and associated cost assume that the cultural and paleontological resources survey will be completed simultaneously, in the effort to be more efficient. If the two surveys are requested or required to be conducted separately, a revised scope and cost may be necessary.
• This proposal does not include costs associated with the required presence of a Native American Monitor during survey. Should a Native American Monitor be required during survey of the proposed Project site, it is assumed that the City will cover related costs. If CONSULTANT is required to provide a Native American Monitor for the survey, a contract modification will be necessary.
• This task assumes that no previously undocumented cultural resources will be identified and recorded within the Project site during the survey. If the survey reveals that potentially significant cultural resources are identified within the Project site, which may be affected by the Project, a contract modification will be required to address appropriately.

Deliverables: This task includes a cultural and paleontological resources pedestrian field survey of the proposed Project site, LOD, and/or Project APE (as delineated by the City).

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Task 3.3.3: Cultural Resources and Paleontological Resources Assessment Report(s) The Cultural Resources Assessment Report will be prepared according to the County of Riverside Planning Department Cultural Resources Investigation Standards, and in accordance with Archaeological Resource Management Report (ARMR) Guidelines and California State Historic Preservation Office (SHPO) Guidelines. This task assumes that the records search results will not include any previously documented cultural resources in the Project site that will require updated documentation, and no previously undocumented cultural resources will be identified in the Project site during the field survey. The negative report will address the results of the records searches, background research, prehistoric, ethnographic, and historical contexts, and field survey methods and results. The report is assumed to contain up to 30 pages of text, plus graphics, and appendices.

If cultural resources are identified within the Project site as a result of the records searches or the field survey, they will need to be discussed in the report and documented on State Department of Parks and Recreation (DPR) 523 -series forms and included as a confidential appendix. CONSULTANT will provide recommendations for identified cultural resources for their inclusion on the CRHR and NRHP and recommend appropriate mitigation measures, as necessary.

CONSULTANT will also prepare a Paleontological Resources Assessment Report. This task assumes that the results of the paleontological records searches will be negative and that a standard standalone technical report will be sufficient for summarizing the results of the paleontological resources assessment. The negative report will detail the general geologic context, results of the paleontological records search, field survey, and review of County of Riverside Land Information System, to address the potential for proposed construction activities to impact paleontological resources and recommend appropriate mitigation measures, as necessary.

CONSULTANT will provide draft reports to the Client/City for review within 6 weeks of completion of the survey. This cost estimate assumes that only one round of consolidated report comments from the Client/City will be received to be incorporated into the final document(s), respectively, after draft review. If additional comments are received, a revised scope of work and cost for additional review may be necessary.

Assumptions:
• CONSULTANT will provide draft reports to the Client/ City for review within 6 weeks after the field survey is completed.
• This task cost estimate assumes that only one round of consolidated report comments from the Client will be received to be incorporated into the final documents within two weeks after draft review. If additional comments are received, a revised scope of work and cost for additional review may be necessary.
• This task assumes that no previously documented cultural or paleontological resources are recorded within the Project site. This task further assumes that no previously undocumented cultural or paleontological resources will be identified in the Project site during the survey. If any cultural or paleontological resources are identified within the Project site, a revised scope of work and cost will be required to address appropriately. • This task does not include 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

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